1001 W. Center Street
Manteca, CA 95337
www.manteca.gov
Council Chamber
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, October 1, 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
OCTOBER 1, 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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Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
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[email protected] or call (209) 456-8017.
• eComment - https://www.manteca.gov/departments/legislative-services-city-clerk/city-council-video to submit eComment(s).
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- eComment may be submitted at any time up to the item being heard during the Council Meeting. - 500 character limit
• 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: Cynthia Jackson, Transformed Through Hope AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
DISCLOSURE OF EX PARTE COMMUNICATIONS: City Council
A. PRESENTATIONS:
Proclamation Proclaiming October 2024, as Domestic Violence Awareness Month.
A.1 24-508
Attachments: Attachment 1 - Proclamation
A.2 24-517 Proclamation Proclaiming October 2024, as Filipino American History
CITY COUNCIL REGULAR MEETING AGENDA October 1, 2024
Month.
Attachments: Attachment 1- Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
Staff recommends that the City Council receive an update on the Fiscal Year 2024-2025 City Council Goals & Priorities Work Plan.
C.1 24-491
Attachments: Attachment 1 - FY 24-25 Goals and Priorities Work Plan_Updated 9.16.24_FINAL Engineering:
Adopt a resolution accepting a Quitclaim from: Jack Lewis (also known as Joaquin Lewis II), a married man as his sole and separate property; Jennifer Lynn Nunes, a married woman as her sole and separate property; and James Francis Lewis, a married man as his sole and separate property; for a Drainage Ditch Easement across the Al Fonseca Lane right-of-way, over 1927 Al Fonseca Lane and 1432 Maehl Drive.
C.2 24-472
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - Quitclaim Deed
Attachments:
Adopt a resolution accepting a Grant Deed from Bhupinder S. Khinda, a married man, for 150 square feet of real property for right-of-way purposes over a portion of 1649 S. Airport Way (APN 241-320-14).
C.3 24-490
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving Amendment No. 2 to Professional Service Agreement No. C2022-77 Construction Management and Inspection Services with WSP USA, Incorporated, for the SR120 / McKinley Avenue Interchange Project Capital Improvement Project 11034; extending the contract Time of Performance to June 30, 2025; increasing the maximum not-to-exceed compensation by $194,665 for a total not-to-exceed $3,146,285; and authorize the City Manager or designee to and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.4 24-492
CITY COUNCIL REGULAR MEETING AGENDA October 1, 2024
Attachment 1 - Resolution
Attachment 2 - Agreement C2022-77
Attachment 3 - Amendment No. 1 C2022-77-A1
Attachment 4 - Amendment 2 WSP USA INC
Attachment 5 - Project Location
Attachments:
Adopt a resolution accepting a Grant Deed from California Kids Day Care, Inc. for 150 square feet of real property for right-of-way purposes over a portion of 1683 S. Airport Way (APN 241-320-15).
C.5 24-494
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from Jimmie E. Rose and Sherri L. Rose, Husband and Wife as Joint Tenants, for 150 square feet of real property for right-of-way purposes over a portion of 1617 S. Airport Way (APN 241-320-13).
C.6 24-495
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution accepting a Grant Deed from Lupe Q. Razo, Trustee of the Lupe Q. Razo 2022 Trust, for 150 square feet of real property for right-of-way purposes over a portion of 1591 S. Airport Way (APN 241-320-12).
C.7 24-496
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Approve partial acceptance of public improvements for Denali Unit No. 4, Tract 4152, in accordance with the Subdivision Partial Acceptance Policy.
C.8 24-497
Attachment 1 - Location Map
Attachment 2 - City Construction Inspector Memorandum
Attachments:
Adopt a resolution approving a Parcel Map for Ryncor, LLC and the Reynolds Family Partners, located at the northeast corner of S. Airport Way and W. Atherton Drive; and accepting for public use the offer of dedication of all public utility easements shown on the Parcel Map.
C.9 24-500
Attachment 1 - Resolution
Attachment 2 - Parcel Map
Attachment 3 - Vicinity Map
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA October 1, 2024
Approve partial acceptance of public improvements for Villa Ticino West Unit No. 3, Tract 4124, in accordance with the Subdivision Partial Acceptance Policy.
C.10 24-501
Attachment 1 - Location Map
Attachment 2 - Construction Inspector Memorandum
Attachments:
Adopt a resolution determining McFadden Construction, Inc. to be the lowest responsive and responsible bidder for the Facilities Driveway Capital Improvement Program Project CIP 24029; awarding the construction contract to McFadden Construction, Inc. in the amount of $219,115; approving a project contingency not-to-exceed $80,885, for a total project budget of $300,000; and authorizing the City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.11 24-507
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachments:
Adopt a resolution approving a budget appropriation from the Engineering Fund in the amount of $75,000 to Account No. 810.45.40.000-6000.08 (Engineering Professional Services); approving Amendment No. 1 to the Agreement (C2023-94) with DF Engineering, Inc. extending the term to June 30, 2025, and increasing the not-to-exceed total from $75,000 to $150,000; and authorizing the City Manager to sign Amendment No. 1 and take all appropriate actions necessary to carry out the purpose and intent of the resolution.
C.12 24-510
Attachment 1 - Resolution
Attachment 2 - Amendment 1 DF Engineering
Attachment 3 - Exhibit A Proposal
Attachment 4 - Agreement C2023-94
Attachments:
Legislative Services/City Clerk:
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 Chapter 9.42 “Trespassing and Loitering” of the Manteca Municipal Code to prohibit loitering at certain public places, including community centers, recreation facilities, and school property.
C.13 24-518
Attachments: Attachment 1 - Ordinance
C.14 24-519 Approval of the September 3, 2024, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes September 3, 2024 Attachment 2 - Regular Meeting Minutes September 3, 2024 Attachments:
CITY COUNCIL REGULAR MEETING AGENDA October 1, 2024
Public Works:
Adopt a resolution awarding General Services Agreement to American Chiller Service Inc. in amount not-to-exceed $115,119 related to CNG production located at the WQCF and authorize the City Manager to execute the agreement, extensions, amendments and any and all associated documents that adhere to the City of Manteca’s Purchasing Policy.
C.15 24-447
Attachment 1 - Resolution
Attachment 2 - Contract
Attachments:
Adopt a Resolution amending Contract C2019-164 with Trillium USA Company, Inc. for maintenance of the CNG facility WQCF adding $138,240 to the existing contract for a total contract amount not-to-exceed $408,840 and extending the contract term to 1/3/2027 and authorize City Manager or designee to take all appropriate actions necessary to carry out the purpose and intent of the resolution, including executing the amendment and all future extensions, amendments and any and all associated documents that adhere to the City of Manteca’s Purchasing Policy.
C.16 24-448
Attachment 1 - Resolution
Attachment 2 - Contract Amendment
Attachment 3 - Original Contract
Attachments:
Adopt a resolution approving a Service Agreement for On-Call Landscape Architectural, Landscape Plan Check, Landscape Inspection and Project Management Services with LPA, inc. for a not-to-exceed total of $300,000 over a two (2) year period; and authorize the City Manager to execute contract, extensions, amendments and any associated documents that adhere to the City of Manteca’s Purchasing Policy.
C.17 24-511
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - RFP FOR On-Call Landscape Architectural, Landscape Plan Check, Landscape Inspection and P Attachments:
D. PUBLIC HEARINGS:
Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (“Code”) and adopt a resolution approving the issuance of the Bonds by the CMFA for the benefit of Bold Communities (“Sponsor” and, together with the LP, “Borrower”), to provide financing of the potential Project (not a project pursuant to CEQA guidelines 15378(b)(4))
D.1 24-524
Attachments: Attachment 1 - Resolution
CITY COUNCIL REGULAR MEETING AGENDA October 1, 2024
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.2 24-473
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 – Comments Received
Attachment 6 – PowerPoint
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 Section 17.20.020 of Chapter 17.20 relating to Zoning Districts and amending Section 17.22.020 of Chapter 17.22 relating to Allowed Uses and Required Entitlements and amending Section 17.26.020 of Chapter 17.26 relating to Development Standards and adding Sections
17.26.050, 17.26.060, 17.26.070, and 17.26.080 to Chapter 17.26 relating to Development Standards by Zoning District and adding Sections
17.52.160 and 17.52.170 to Chapter 17.52 relating to Parking and adding Sections 17.58.110, 17.58.120, 17.58.130 and 17.58.140 to Chapter
17.58 relating to Performance Standards of Title 17 of the Manteca Municipal Code and adopt a resolution certifying the Supplemental Environmental Impact Report (SEIR) (SCH# 2024050901).
D.3 24-485
Attachment 1 - Ordinance
Attachment 2 - Zoning Code Text Amendments - Redlined
Attachment 3 - Resolution
Attachment 4 - Exhibit “A” to Resolution - Supplemental Environmental Impact Report Attachment 5 - Planning Commission Staff Report with attachments Attachment 6 - PowerPoint Presentation
Attachments:
Adopt a resolution approving a General Plan Amendment GPA-24-62 to the 2043 Manteca General Plan to replace the 2015-2023 Housing Element with the 6th Cycle Housing Element, and making a finding of General Plan consistency pursuant to Section 15168(c) of the CEQA guidelines.
D.4 24-486
Attachment 1 - Resolution
Attachment 2 - Exhibit “A” to Resolution - Draft 6th Cycle Housing Element Attachment 3 - Exhibit “B” to Resolution - HCD Substantial Compliance Letter dated September 12, 2024 Attachment 4 - Exhibit “C” to Resolution - Finding of Consistency with the 2043 General Plan EIR Attachment 5 - Planning Commission Staff Report with attachments Attachment 6 - Presentation
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA October 1, 2024
E. DISCUSSION ITEMS:
Receive an update on Pavement Maintenance Program and project estimates and provide direction regarding Council priorities.
E.1 24-402
Attachment 1 - Presentation File
Attachment 2 - PMP Cost Map
Attachment 3 - PMP Priority Map
Attachments:
Adopt a Resolution authorizing the issuance of Special Tax Bonds for and on behalf of Improvement Area No. 2 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.
E.2 24-506
Attachment 1 - Resolution
Attachment 2 - Form of Preliminary Official Statement
Attachment 3 - Form of Fiscal Agent Agreement
Attachment 4 - Form of Bond Purchase Agreement
Attachments:
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is November 19, 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 September 26, 2024, by 7:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA October 1, 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 October 1, 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.