1001 W. Center Street
Manteca, CA 95337
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, August 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
AUGUST 20, 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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[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: Brian Hunt, Crossroads Grace
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Certificate of Recognition presented to Northgate Little League 12u All-Star Team.
A.1. 24-396
Attachments: Attachment 1 - Certificate
A.2. 24-365 Proclamation honoring the month of August 2024 as National
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Breastfeeding Month.
Attachments: Attachment 1 - Proclamation
Certificate of Retirement honoring Manteca Police Lieutenant, Gregg Beall.
A.3. 24-394
Attachments: Attachment 1 - Certificate
Life Saving Certificates presented to Katelyn Beall and Angela Sellers Simoes.
A.4. 24-376
Attachments: Attachment 1 - Certificates
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Attorney:
Waive the first reading by substation of the title and introduce an Ordinance of the City Council of the City of Manteca, State of California, amending Chapter 9.54 “Sideshows, Street Races, and Reckless Driving Exhibits” of the Manteca Municipal Code to authorize the seizure of vehicles used in a sideshow, street race, or reckless driving exhibition.
C.1. 24-413
Attachment 1 - Ordinance
Attachment 2 - Ordinance with Redline
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, repealing in its entirety Chapter 9.40 “Cruising and Loitering” of the Manteca Municipal Code to comply with state law overturning cruising bans.
C.2. 24-412
Attachments: Attachment 1 - Ordinance
City Manager:
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 Sections 3.36.010 “Schedule” and 15.26.010 “Permit Related Fees” and adding Chapter 3.44 “Government Building Facilities Fee” to the Manteca Municipal Code to clarify the purpose, method, and collection of fees for Government Building Facilities
C.3. 24-374
Attachment 1 - Ordinance
Attachment 2 - Ordinance Redline
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Development Services:
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 Sections 3.20.060, Fee - Amount, 13.04.020, Connection Fees and Capacity Charges, 13.12.070, Payment, 13.42.080, Fee Payment,
13.44.070, Fee Payment, and 13.46.050 Collection or RTIF Program Fees of the Manteca Municipal Code; to provide consistency for fee assessments dates amongst all impact fees collected for building permits.
C.4. 24-382
Attachment 1 - Ordinance
Attachment 2 - Ordinance Redline
Attachments:
Adopt a resolution approving the participation and allocation of funding for the Regional Early Action Planning Grant (REAP 2.0).
C.5. 24-391
Attachments: Attachment 1 - Resolution
Engineering:
Adopt a resolution approving the Improvement Agreement and Final Map for Machado Ranch Unit No. 1, Tract 4147; authorizing the City Manager to take all necessary steps to effectuate the Agreement; and authorize the Mayor to sign the Final Map.
C.6. 23-288
Attachment 1 - Resolution
Attachment 2 - Machado Ranch Unit No. 1 Improvement Agreement Attachment 3 - Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution accepting Grant Deeds from Manteca Unified School District for: 3,306 square feet of real property along the western edge of S.
Garfield Avenue for right-of-way purposes; 9,279 square feet of real property adjacent to S. Garfield Avenue for right-of-way purposes; a 2,265 square foot Pedestrian Easement; a 0.37 acre Public Utility Easement; and approving a Quitclaim Deed for a portion of S. Garfield Avenue from Mikesell Street to the property line between 371 S. Garfield Avenue and 361 S. Garfield Avenue, and reserving a Public Utility Easement over the quitclaimed area.
C.7. 24-366
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Attachment 1 - Resolution
Attachment 2 - Grant Deed (221-090-20)
Attachment 3 – Grant Deed (221-090-20, 221-080-03, & 221-080-04) Attachment 4 – Grant Deed (221-090-20 & 221-090-14)
Attachment 5 - Grant Deed (221-090-20)
Attachment 6 - Quitclaim Deed
Attachment 7 - Location Map
Attachments:
Approve Traffic Calming Measures (speed lumps) along Tannehill Drive (from Ivory Lace Avenue to Fountain Square Avenue and from Vicki Way to Lincasa Place), and along Mission Ridge Drive (from Locust Avenue to Partridge Lane and from Bordeaux Lane to Burgundy Lane), and direct staff to take all appropriate actions necessary to implement in accordance with the Manteca Traffic Calming Program.
C.8. 24-373
Attachments: Attachment 1 – Tannehill Drive and Mission Ridge Drive Traffic Calming Plans Approve a Professional Services Agreement with Dewberry Engineers Inc., for $121,500, plus a project contingency of 10% ($12,150), for a total cost not to exceed $133,650, to update the Public Facilities Implementation Plan and recommend accompanying fees (Sewer, Water, Storm, and Transportation); authorize the City Manager to sign the Agreement; and authorize the City Manager to sign amendments to the Agreement up to an amount not to cumulatively exceed ten percent of the original contract amount.
C.9. 24-379
Attachments: Attachment 1 - Professional Services Agreement - Dewberry Engineers Inc.
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Map for Griffin Park Unit No. 9, included in the Griffin Park subdivision Unit 9 improvement plans.
C.10. 24-383
Attachment 1 - Resolution
Attachment 2 - Developer’s Request Letter
Attachment 3 - Vicinity Map
Attachments:
Adopt a resolution approving Amendment No. 2 to the Professional Service Agreement with Wood Rodgers, Incorporated (C2022-152), for the Nile Garden Well 30 Water Supply Projects (CIP 21026 and CIP 21034); extending the time of performance to December 31, 2025; increasing the maximum not-to-exceed compensation by $200,000 for a total not-to-exceed of $715,947; and authorize the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.11. 24-386
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Attachment 1 – Resolution
Attachment 2 – Original Contract C2022-152
Attachment 3 – Amendment No. 1 C2022-152-A1
Attachment 4 – Amendment No. 2 C2022-152-A2
Attachment 5 – Project Location
Attachments:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Villa Ticino West Unit No. 6 subdivision, Tract 4117.
C.12. 24-403
Attachment 1 - Vicinity Map
Attachment 2 - Construction Memorandum
Attachments:
Adopt a resolution approving Amendment No. 1 to the Improvement Agreement for the Manteca Medical Building, modifying SCHEDULE B, Table 1, Transportation System P.F.I.P. Reimbursement, increasing the amount listed as Total Transportation Facilities P.F.I.P. Reimbursement from $442,433 to $485,222; and authorizing the City Manager to sign and take all necessary steps to effectuate the amendment.
C.13. 24-404
Attachment 1 - Resolution
Attachment 2 - Amendment No. 1 to the Manteca Medical Building Improvement Agreement Attachment 3 - Exhibit A to Amendment No. 1 - Schedule B Transportation Attachment 4 - Location Map
Attachments:
Adopt a resolution approving the Improvement Agreement with Loma Holdings, Inc. for the Loma Brewery off-site improvements and authorizing the City Manager to sign and take all necessary steps to effectuate the Agreement.
C.14. 24-406
Attachment 1 - Resolution
Attachment 2 - Improvement Agreement
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from Rebecca A. Hunt, a surviving joint tenant, for 645 square feet of real property for right-of-way purposes over a portion of 20748 S. Airport Way (APN 226-170-20).
C.15. 24-407
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from Gurdwara Gurmat Parkash Manteca (Gurdwara), a California Religious Corporation, for 4,291 square feet of real property for right-of-way purposes over a portion of 4513 Peach Avenue (APN 226-170-22).
C.16. 24-408
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from Marshall L. Magincalda, an unmarried man, for 3,090 square feet of real property for right-of-way purposes over a portion of 2107 W. Woodward Avenue (APN 241-320-29).
C.17. 24-409
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from Valley Investment Group Inc. as to an undivided 75% interest and GN Properties Inc. as to an undivided 25% interest for 1,262 square feet of real property for right-of-way purposes over a portion of 1559 S. Airport Way (APN 241-320-11).
C.18. 24-410
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Approve partial acceptance of public improvements for Griffin Park Unit No. 7, Tract 4140, in accordance with the Subdivision Partial Acceptance Policy.
C.19. 24-415
Attachment 1 - Location Map
Attachment 2 - City Construction Inspector Memorandum
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Villa Ticino West Unit No. 4, Tract 4176; authorizing the City Manager to take all necessary steps to effectuate the Agreement; and authorize the Mayor to sign the Final Map.
C.20 24-313
Attachment 1 - Resolution
Attachment 2 - Villa Ticino West Unit No. 4 Improvement Agreement Attachment 3 - Villa Ticino West Unit No. 4 Final Map
Attachment 4 - Vicinity Map
Attachments:
Finance:
Receive and file the quarterly investment report for the period ending June 30, 2024 and adopt a resolution approving updates to the City’s Investment Policy.
C.21. 24-392
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Attachment 1 - Investment Report June 30, 2024
Attachment 2 - Resolution Approving Updates to Investment Policy Attachment 3 - Exhibit A - Investment Policy - 2024 Updates Attachment 4 - Investment Policy - 2024 Updates_redline version Attachments:
Human Resources:
Adopt a resolution approving the settlement agreement between the City of Manteca and the Manteca Firefighters, IAFF Local 1874 (Local 1874 or Fire Unit) Regarding Compensation and Fair Labor Standards Act (FLSA) Calculations for Fiscal Years 2021-22 and 2022-23; Authorize City Staff Appropriate and/or Allocate Sufficient Funds to Cover the Settlement Costs Consistent With This Staff Report and Resolution
C.22. 24-378
Attachment 1 - Resolution
Attachment 2 - Settlement Agreement
Attachment 3 - Report of Settlement Amounts
Attachments:
Adopt a resolution authorizing the Director of Human Resources to amend the Mission Square Retirement 457 Governmental Deferred Compensation Plan and Trust Document to include Optional Provisions.
C.23 24-385
Attachment 1 - Resolution
Attachment 2 - Mission Square 457 Plan Amendments
Attachments:
Information Technology and Innovation:
Adopt a resolution authorizing the City Manager or designee to complete and execute all documents and take all appropriate actions necessary to carry out the purpose and intent of the Resolution R24-120 for new lease and maintenance agreements for copiers, including a 36-month lease agreement with Caltronics.
C.24. 24-426
Attachment 1 - Resolution
Attachment 2 - Caltronics Agreement
Attachment 3 - R2024-120 Copiers
Attachments:
Legislative Services/City Clerk:
Waive the second reading by substitution of the title an adopt an Ordinance of the City Council, of the City of Manteca amending Manteca Municipal Code Chapter 15.04 of Title 15 to incorporate California Building Code Appendix P adopting Appendix P; incorporating Emergency Housing Building Standards (CEQA Exempt pursuant to 14 Cal. Code Regs. § 15061(b)(3)).
C.25. 24-346
Attachments: Attachment 1 - Ordinance
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Waive the second reading by substitution of title and adopt an ordinance of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code Title 10 Vehicles and Traffic, Chapter 10.12 Speed Limits, section 10.12.020 Designated (speed limits on certain city streets).
C.26. 24-347
Attachments: Attachment 1 - Ordinance
Waive the second reading by substitution of title and adopt an ordinance of the City Council of the City of Manteca, State of California, amending Chapter 5.48 “Firearms Sales” of the Manteca Municipal Code to align with the requirements and procedures of Chapter 5.04 “Business Licenses Generally” and Penal Code Sections 26700-26725.
C.27. 24-372
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 3.10 - General Public Services Transactions and Use of Tax.
C.28. 24-375
Attachments: Attachment 1 - Proposed Ordinance
Waive the first reading by substitution of the title and introduce and ordinance of the Manteca City Council State of California Amending chapter 2.28 Recreation and Parks Commission Sections 2.28.010 -
2.28-.050 of the Manteca Municipal Code.
C.29. 24-397
Attachment 1 - Ordinance
Attachment 2 - Redlined Ordinance
Attachments:
C.30. 24-395 Adopt a Resolution establishing a Legislative Response Policy.
Attachment 1 - Resolution
Attachment 2 - C-12 Legislative Response Policy (Exhibit “A” to Resolution) Attachments:
C.31. 24-377 Approval of the July 16, 2024, Special Meeting Minutes.
Attachments: Attachment 1 - Special Meeting Minutes July 16, 2024 Public Works:
Adopt a resolution approving an agreement with Valley Water Collaborative in an amount not to exceed $10,000 annually; and authorize the City Manager to sign the agreement and all associated documents.
Term of agreement is as long as City is participating in the Management Zone for the duration of and compliance with the Nitrate Control Program.
C.32. 24-368
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachments:
Adopt a resolution approving Plans and Specifications for the Manteca Golf Course Project Replace Fencing along Crom Street (CIP 24037), 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 Reg. § 15301(d).).
C.33. 24-399
Attachment 1 - Resolution
Attachment 2 - Invitation to Bid
Attachment 3 - Notice of Exemption
Attachment 4 - Location Map
Attachments:
D. PUBLIC HEARINGS:
Conduct a public hearing and adopt a resolution adopting the Government Building Facilities Nexus Fee Study and Capital Improvement Plan and establishing a fee schedule for the Government Building Facilities Fee D.1. 24-370
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution - Government Building Facilities Nexus Fee Study Attachment 3 - Exhibit "B" to Resolution - Capital Improvement Plan Attachment 4 - Exhibit "C" to Resolution - Government Building Facilities Fee Schedule Attachment 5 - PowerPoint
Attachments:
E. DISCUSSION ITEMS:
Receive presentation and adopt a resolution approving the proposed location for the new Manteca Police Department and amend the FY 2024-25 Budget and Capital Improvement Program to appropriate $200,000 from Government Facilities Fees to hire a consultant to prepare and issue a request for proposal (RFP) for design.
E.1. 24-262
Attachment 1 - Resolution
Attachment 2 - Presentation
Attachments:
Appoint a City Council Voting Delegate and up to two Alternates to the League of California Cities Annual Business Meeting; direct the City Clerk to complete the voting delegate form and submit to the League Office.
E.2. 24-398
Attachments: Attachment 1 - Letter from the League
F. CITY MANAGER COMMENTS:
CITY COUNCIL REGULAR MEETING AGENDA August 20, 2024
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is September 3, 2024, @ 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 August 15, 2024 by 7:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA August 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 August 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.