1001 W. Center St.
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, January 18, 2022
7:00 PM
See last pages of agenda for information regarding meeting procedures.
CITY COUNCIL
Mayor, Benjamin Cantu
Vice Mayor, Charlie Halford
Councilmember, David Breitenbucher
Councilmember, Jose Nuño
Councilmember, Gary Singh
REGULAR MEETING AGENDA
REGULAR MEETING AGENDA
MANTECA CITY COUNCIL
JANUARY 18, 2022
7:00 PM
1001 W. Center St.
Manteca, CA 95337
www.mantecagov.com
Members of the public that wish to submit public comments may do so by several different methods. Public Comment may be submitted in the following ways.
• In Person:
- The City Council Chambers are open to the public in accordance with CDPH and CalOsha guidelines. • Zoom Webinar:
- To call or log into Zoom Webinar, please use the following:
Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
- To speak during an item you must use the Raise Your Hand feature. If dialing in, press *9 to Raise Your Hand.
- Please remain muted until called upon
- If you have questions on the Zoom Webinar process, please email:
[email protected] or call (209) 456-8017. • eComment - https://www.ci.manteca.ca.us/CityClerk/Pages/City-Council-Video.aspx to submit eComment(s). - New users must follow the instructions to create an account. - Only one comment per agenda item.
- eComment may be submitted at any time up to the item being heard during the Council Meeting. - 500 character limit
• Email [email protected]
- Received no later than two hours prior to the meeting and limited to 250 words to be read into the record. - Public Comment over 250 words will be made part of the official record. • Mail: Office of the City Clerk, 1001 W. Center St., Ste. G, Manteca, CA 95337 - Received no later than two hours prior to the meeting and limited to 250 words to be read into the record. - Public Comment over 250 words will be made part of the official record. • Hand delivered to: Office of the City Clerk, 1001 W. Center St., Ste. G, Manteca, CA 95337 - Received no later than two hours prior to the meeting and limited to 250 words to be read into the record. - Public Comment over 250 words will 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 Cantu
ROLL CALL: City Clerk
INVOCATION/FLAG SALUTE: Mohammad ElFarra, Islamic Center of Manteca / Councilman Nuño
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
A. PRESENTATIONS:
A.1. 21-599 Certificate of Recognition presented to Manteca High Varsity Football
CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022
Coaches and Team for the Sac-Joaquin Section Division III Championship Title.
Attachments: Attachment 1 - Certificate of Recognition
Present a Proclamation proclaiming January 15th - January 30th as Health for Humanity, Yogathon 2022 Awareness Event.
A.2. 22-012
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
C.1. 21-564
Attachments: Attachment 1 - Resolution
Adopt a resolution and approve an agreement with AdEdge Water Technologies, LLC in an amount not to exceed $762,000.00, to perform media replacement and disposal services for City of Manteca Water Wells, and authorize the City Manager to sign all necessary documents.
C.2. 21-419
Attachment 1 - General Service Agreement
Attachment 2 - Resolution
Attachments:
Adopt a resolution to amend agreement number C2020-162 and authorize the City of Manteca to sign a change order with Motorola to increase the current dispatch upgrade contract in the amount of $30,274 and extend its term through February 28, 2022.
C.3. 21-589
Attachment 1 - Resolution
Attachment 2 - Change Order
Attachment 3 - Contract Amendment
Attachments:
Adopt a resolution approving Amendment No. 1 to extend the Agreement with the State Water Board for the Nile Garden School-Well 30 Water Supply Project CIP 21034 for 18 months and authorize the City Manager or Designee to sign said amendment and required documents.
C.4. 21-597
Attachment 1 - Resolution
Attachment 2 - Amendment No. 1 to Agreement No. 3910005-001C Attachment 3 - Reference Resolution R2020-138
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Shadowbrook Neighborhood 2, Tract 3983.
C.5. 22-013
CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022
Attachment 1 - Resolution
Attachment 2 - Shadowbrook Neighborhood 2 Improvement Agreement Attachment 3 - Shadowbrook Neighborhood 2 Final Map
Attachment 4 - Location Map
Attachments:
Adopt a resolution accepting public improvements for Sundance, Unit 5, Tract No. 3887 subdivision; approving exoneration of the Performance Bond; approving exoneration of the Labor and Materials Bond six (6) months after the date of acceptance; and approving the exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
C.6. 22-026
Attachment 1 - Resolution
Attachment 2 - Vicinity Map
Attachment 3 - City Construction Inspector Memorandum
Attachments:
Adopt a resolution accepting public improvements for Cerri Unit 2, Tract No. 4036 subdivision; approving exoneration of the Performance Bond; and approving exoneration of the Labor and Materials Bond six (6) months after the date of acceptance; and approving the exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
C.7. 21-518
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - City Construction Inspector Memorandum
Attachments:
Adopt a Resolution of Intention to participate in the Enhanced Infrastructure Financing District and associated Public Financing Authority established to Finance the Construction and/or Acquisition of Capital Improvements planned to provide an Urban Level of Flood Protection for the Mossdale Tract.
C.8. 22-037
Attachment 1 - Resolution
Attachment 2 - Exhibit A to Resolution
Attachment 3 - Exhibit B to Resolution
Attachments:
Adopt a resolution approving the Reorganization of the Finance Department, and approve an amendment to new and existing job descriptions.
C.9. 22-039
Attachment 1 - Resolution
Attachment 2 - Job Description of Deputy Director
Attachment 3 - Job Description of Revenue Manager
Attachments:
Adopt a resolution approving the Memorandum of Understanding and Side Letter for the Manteca Professional Firefighters IAFF Local 1874.
C.10. 22-035
CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022
Attachment 1 - Memorandum of Understanding
Attachment 2 - Side Letter
Attachment 3 - Resolution
Attachments:
Approve the formation of a new Confidential Employee Unit (“CEU”) and approve the Corresponding Memorandum of Understanding (“MOU”).
C.11. 22-029
Attachments: Attachment 1 - Memorandum of Understanding for CEU Waive the final reading by substitution of the title and adopt an ordinance amending Section 13.16.011 of the Manteca Municipal Code, regarding the Industrial Sewer System Service Charge for Eckert Cold Storage.
C.12. 22-005
Attachments: Attachment 1 - Ordinance
Waive the final reading by substitution of the title and adopt an ordinance approving a Rezone and a Planned Development Overlay for Paradise Villas Townhomes.
C.13. 22-008
Attachment 1 - City Council Ordinance
Attachment 2 - Exhibit "A" to Ordinance: Tentative Map
Attachment 3 - Exhibit "B" to Ordinance: Conditions of Approval Attachments:
Waive the final reading by substitution of the title and adopt an ordinance amending Manteca Municipal Code Chapter 1.08 - Elections to add Sections 1.08.060 - General election - District Elections and 1.08.070 - General election - Election Schedule.
C.14. 22-009
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A" Map to Ordinance
Attachments:
Waive the final reading by substitution of the title and adopt an ordinance adding Chapters 3.40 and 3.42 to the Municipal Code, regarding short-term rentals.
C.15. 22-010
Attachments: Attachment 1 - Ordinance
D. DISCUSSION ITEMS:
Receive Manteca Park Municipal Golf Course Fee Study Report and adopt a resolution approving fee increases as outlined in Exhibit A.
D.1. 22-019
Attachment 1 - Resolution
Attachment 2 - Exhibit A to Resolution - Rate Sheet
Attachment 3 - Golf Fee Study
Attachment 4 - PowerPoint
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022
E. PUBLIC HEARINGS:
Adopt a resolution 1) approving the Engineer’s Report for the Southwest Manteca Regional Sewer Lift Station Improvements Area of Benefit and forming the Southwest Manteca Regional Sewer Lift Station Improvements Area of Benefit District, 2) approving the Improvement Agreement for the Southwest Manteca Regional Sewer Lift Station, and 3) accepting a Grant Deed at 2368 W. Woodward Avenue from the property owner for a 10,520 square foot property for installation of the Southwest Manteca Regional Sewer Lift Station and a 70,797 square foot property for the Joshua Street right-of-way.
E.1. 21-600
Attachment 1 - Resolution
Attachment 2 - Southwest Manteca Regional Sewer Lift Station Engineer’s Report Attachment 3 - Area of Benefit District Map
Attachment 4 - Southwest Manteca Regional Sewer Lift Station Improvement Agreement Attachment 5 - Southwest Manteca Regional Sewer Lift Station and Joshua Street Grant Deed Attachment 6 - Southwest Manteca Regional Sewer Lift Station Location Map Attachments:
Adopt a resolution approving a Tentative Subdivision Map for the Farmhouse Subdivision located at 1825 & 1965 S. Union Road (File Nos.
SDJ 20-99), and waive the first reading by substitution of the title and introduce an ordinance approving a Rezone and Planned Development Overlay for Farmhouse Subdivision. (File Nos. REZ 21-145, and PD 21-145).
E.2. 22-004
Attachment 1 - Planning Commission Staff Report
Attachment 2 - City Council Ordinance
Attachment 3 - Exhibit A to Ordinance - Legal Description and Parcel Map Attachment 4 - City Council Resolution
Attachment 5 - Exhibit A to Resolution - Tentative Subdivision Map Attachment 6 - Exhibit B to Resolution - Conditions of Approval Attachment 7 - Planned Development Guidelines
Attachment 8 - PowerPoint
Attachments:
Adopt a Resolution approving a Tentative Subdivision Map (File No. SDJ 18-103) for the BMW Homesites Development.
E.3. 22-003
Attachment 1 - Planning Commission Staff Report
Attachment 2 - City Council Resolution
Attachment 3 - Exhibit A to Resolution: Tentative Sub Map Attachment 4 - Exhibit B to Resolution: Conditions of Approval Attachment 5 - PowerPoint
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022
Waive the first reading by substitution of the title and introduce an ordinance, amending the Planned Development Amendment
(PDA-20-125) to remove the age restriction from Shadowbrook Neighborhood 6 and combine Neighborhood 6 with Neighborhood 7.
E.4. 22-015
Attachment 1 - Planning Commission Staff Report
Attachment 2 - City Council Ordinance
Attachment 3 - Exhibit "A" - Project Plan Set
Attachment 4 - Exhibit "B" - Conditions of Approval
Attachment 5 - Tentative Map
Attachment 6 - PowerPoint
Attachments:
Adopt a resolution granting Applicant’s appeal and overturning the Planning Commission’s denial of the Site Plan and Design Review Application, Raymus Office and Storage Building (File No. SPC-21-74).
E.5. 21-606
Attachment 1 - Planning Commission Staff Report
Attachment 2 - Resolution
Attachment 3 - Exhibit "A" - Revised Project Plan Set
Attachment 4 - Exhibit "B" - Conditions of Approval
Attachment 5 - Appeal Request Letter
Attachment 6 - Employment Verfication Letter
Attachment 7 - PowerPoint
Attachments:
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is February 1, 2022, at 7:00 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 January 13, 2022, by 6:00 p.m. /s/ Olivia Nashed
____________________________________________
OLIVIA NASHED
ACTING DIRECTOR OF LEGISLATIVE SERVICES / ACTING CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA January 18, 2022
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.mantecagov.com; 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. B, 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.). 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, or at the discretion of the Mayor or City Council.
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, unless modified at the discretion of the Mayor or City Council. 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.
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 January 18, 2022
PUBLIC HEARINGS/APPEALS:
During any public hearing or appeal, any person may directly address the City Council. Applicants (or appellants) are allowed ten (10) 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. 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.