1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, June 7, 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
JUNE 7, 2022
7:00 PM
1001 W. Center Street,
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: Eden Lamoure, New Hope Church
AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
A. PRESENTATIONS:
Proclamation proclaiming June as Elder and Dependent Adult Abuse Awareness Month.
A.1. 22-273
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
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. 21-572
Attachments: Attachment 1 - Resolution
Adopt a resolution declaring DeSilva Gates Construction, LLC the lowest responsive and responsible bidder, awarding the contract for the SR120/McKinley Ave Interchange project (CIP 11034) in an amount not to exceed $23,387,387.00, authorize the City manager or designee to sign the construction contract and associated documents, approve a project contingency fund in the amount of 20% ($4,677,478.00) of the contract amount for a project total of $28,064,865.00, authorize the City Manager or her designee to use project contingency funds to issue change orders in an amount not to exceed 10% ($2,338,740.00) of the construction contract, approve use of the remaining project contingency funds as needed to complete the project, authorize the City Manager or her designee to extend the construction contract as needed to complete the project, and appropriate the funds as outlined in the fiscal impact section.
C.2. 22-173
Attachment 1 - Resolution
Attachment 2 - Bid Tabulation
Attachment 3 - Project Location Map
Attachments:
Adopt a resolution authorizing the City Manager to execute an agreement with Cagwin & Dorward Landscape Contractors in an amount not-to-exceed $105,000 annually for the next three (3) years for a total not-to-exceed amount of $315,000 to perform landscape maintenance services to various City-owned properties with two (2) optional one-year extensions.
C.3. 22-268
Attachment 1 - Resolution
Attachment 2 - General Service Agreement
Attachments:
Adopt a resolution authorizing City Manager to execute an agreement with the San Joaquin County Office of Education dba Greater Valley Conservation Corps not-to-exceed $120,000 annually for the next three (3) years and total not-to-exceed amount of $360,000 to perform weed abatement services to various City owned properties, Right of Ways, parcels or acquired properties; and two (2) optional one-year extensions.
C.4. 22-269
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
Attachment 1 - Resolution
Attachment 2 - General Services Agreement
Attachments:
C.5. 22-290 Adopt a resolution amending the “Manteca Infill Zone” map.
Attachment 1 - Resolution
Attachment 2 - Amended Infill Zone Map
Attachments:
Adopt a resolution awarding the contract to WSP USA, Inc. for the Construction Management and Inspection Services for the SR120/McKinley Ave Interchange Project for an amount not to exceed $2,364,537.00, authorize the City Manager or designee to sign the agreement and associated documents, approve project contingencies, issue change orders, extend the agreement and approve change orders not to exceed 15% ($354,680.55) for a construction management and inspection services for a project total of $2,719,217.55 C.6. 22-174
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Project Location Map
Attachments:
Adopt resolutions 1) Calling and Giving Notice of the General Municipal Election to be held Tuesday, November 8, 2022, for the purpose of electing a Mayor and two Councilmembers for Districts 3 & 4; 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.7. 22-259
Attachment 1 - Resolution Calling and Giving Notice
Attachment 2 - Resolution Consolidation Request
Attachment 3 - Resolution Candidate Statements
Attachments:
Adopt a resolution approving submission of relevant projects from the Fiscal Year 2022-2023 Capital Improvement Program to the California Transportation Commission (CTC) for potential funding through the Road Repair and Accountability Act of 2017, Senate Bill 1 (SB1).
C.8. 22-265
Attachment 1 - Resolution
Attachment 2 - SB1 Projects Location
Attachments:
Adopt a resolution approving the Improvement Agreements and Final Maps for The Trails of Manteca Unit No. 1 (Tract 3729), Unit No. 2 (Tract 3734), Unit No. 3 (Tract 3735) and Unit No. 4 (Tract 3736) C.9. 22-278
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
Attachment 1 - Resolution
Attachment 2 - Trails of Manteca Unit No. 1 Improvement Agreement Attachment 3 - Trails of Manteca Unit No. 2 Improvement Agreement Attachment 4 - Trails of Manteca Unit No. 3 Improvement Agreement Attachment 5 - Trails of Manteca Unit No. 4 Improvement Agreement Attachment 6 - The Trails of Manteca Unit No. 1 Final Map Attachment 7 - The Trails of Manteca Unit No. 2 Final Map Attachment 8 - The Trails of Manteca Unit No. 3 Final Map Attachment 9 - The Trails of Manteca Unit No. 4 Final Map Attachment 10 - Vicinity Map
Attachments:
Adopt a resolution authorizing the Mayor to execute Project Specific Maintenance Agreement (10-0H890) with the California Department of Transportation (Caltrans) for the SR120/McKinley Avenue Interchange Project
C.10. 22-279
Attachment 1 - Resolution
Attachment 2 - McKinley IC - Maintenance Agreement Caltrans (PSMA) Attachment 3 - Exhibit A to Maintenance Agreement (Exhibits) Attachment 4 - Exhibit B to Maintenance Agreement (Self-Insurance) Attachment 5 - McKinley IC - Project Location Map
Attachments:
Adopt a resolution accepting the easements, located in the existing S.
Main Street right-of-way abutting the Griffin Park Subdivision, quitclaimed to the City of Manteca by the South San Joaquin Irrigation District C.11. 22-288
Attachment 1 - Resolution
Attachment 2 - Vicinity Map
Attachment 3 - Quitclaim Deed 1 - Lateral X-134dd
Attachment 4 - Quitclaim Deed 2 - Lateral X
Attachments:
Adopt a resolution accepting public improvements for CenterPoint Container Yard 2 - N. Airport Way Improvements; 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.12. 22-289
Attachment 1 - Resolution
Attachment 2 - Vicinity Map
Attachment 3 - City Construction Inspector Memorandum
Attachments:
Adopt a resolution accepting a Grant Deed from MPVCA Manteca, LLC for right-of-way and a public utility easement on N. Airport Way and W.
C.13. 22-281
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
Yosemite Avenue along the frontages of 2077 W. Yosemite Avenue and 134 N. Airport Way.
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachments:
Waive the second reading by substitution of the title and adopt an ordinance repealing Manteca Municipal Code Chapter 17.82, Second Dwelling Units, and adding Chapter 17.82, Accessory Dwelling Units, to be compliant with State Law.
C.14. 22-282
Attachments: Attachment 1 - Ordinance
Waive the second reading by substitution of the title and adopt an ordinance amending Municipal Code Amendment (MCA 22-035) to Table
17.30.020-1, Allowed Uses and Permit Requirements in the Central Business District Overlay Zones of the Manteca Municipal Code to allow residential uses within CBD Zone 1.
C.15. 22-284
Attachments: Attachment 1 - Ordinance
Waive the second reading by substitution of the title and adopt an ordinance amending Municipal Code Amendment (MCA 22-035) to Table
17.26.020-1 increasing the allowable height limit from 35' to 45' within the Business Industrial Park (BIP) and Commercial Mixed Use (CMU) zoning districts.
C.16. 22-285
Attachments: Attachment 1 - Ordinance
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Vintage II subdivision, Tract 4061.
C.17. 22-038
Attachment 1 - City Construction Inspector Memorandum
Attachment 2 - Vicinity Map
Attachments:
Approve Amendment No. 8 to the Agreement with HDR Engineering, Inc. for an additional amount of $338,217.47 to provide Construction and Engineering Support Services for the SR120/McKinley Avenue Interchange project and authorize the City Manager or designee to sign the Amendment and associated contract documents
C.18. 22-280
Attachment 1 - Resolution
Attachment 2 - Amendment 8
Attachments:
Approve City Council 2022 calendar cancelling the September 6, 2022 Regular City Council Meeting.
C.19. 22-276
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
Attachments: Attachment 1 - Revised 2022 Meeting Calendar C.20. 22-301 Approval of City Council Meeting Minutes.
Attachment 1 - Special Meeting Minutes May 17, 2022
Attachment 2 - Regular Meeting Minutes May 17, 2022
Attachments:
D. PUBLIC HEARINGS:
Adopt a resolution certifying an Environmental Impact Report for the Lumina at Machado Ranch Annexation project and make certain findings of overriding consideration; adopt a resolution approving the annexation of 183.46 acres of land known as the Development and Non-Development area and authorize staff to apply for Annexation to LAFCo; adopt a resolution approving a General Plan Amendment and Tentative Map for the 827 unit Lumina at Machado Ranch Subdivision project; waive the first reading by substitution of the title and introduce an ordinance approving the Pre-Zone of the 16 parcels in the annexation area and approving a Planned Development for the Lumina at Machado Ranch Subdivision Project; and waive the first reading by substitution of the title and introduce an ordinance approving a Development Agreement between the City of Manteca and Signature Homes for the Lumina at Machado Ranch Subdivision (File Nos. ANX20-40, PRZ20-41, GPA20-43, SDJ20-44, PD20-42, and DA22-037).
D.1. 22-261
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
Attachment 1 - Planning Commission Staff Report
Attachment 2 - Resolution - EIR Certification
Attachment 3 - Exhibit A to Resolution - EIR Certification Attachment 4 - Exhibit B to Resolution - EIR Certification Attachment 5 - Resolution - Annexation
Attachment 6 - Exhibit A to Resolution - Annexation
Attachment 7 - Ordinance - Prezoning and PD Overlay
Attachment 8 - Exhibit A to Oridinance - Prezoning and PD Overlay Attachment 9 - Resolution - General Plan and Tentative Map Attachment 10 - Exhibit A to Resolution - General Plan and Tentative Map Attachment 11 - Exhibit B to Resolution - General Plan and Tentative Map Attachment 12 - Exhibit C to Resolution - General Plan and Tentative Map Attachment 13 - Ordinance - Development Agreement
Attachment 14 - Exhibit A to Ordinance - Development Agreement Attachment 15 - PD Design Guidelines
Attachment 16 - Project Fiscal Analysis
Attachment 17 - EIR Comment Letters
Attachment 18 - Planning Commission Comment Letters
Attachment 19 - PowerPoint Presentation
Attachments:
Adopt a resolution ordering the levy and collection of annual assessments for the City's Landscape Maintenance Districts and Benefit Assessment Districts for Fiscal Year 2022-23 as listed; and approve San Joaquin County Certification of Assessment relating to the collection and levying of special assessments for the City's Landscape Maintenance and Benefit Assessment Districts.
D.2. 22-294
Attachment 1 - Resolution
Attachment 2 - Exhibit A Executive Summary
Attachment 3 - Certification of Assessment
Attachments:
E. DISCUSSION ITEMS:
E.1. 22-308 Receive a presentation from the Manteca Millennial Advisory Committee.
Attachments: Attachment 1 - PowerPoint
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
CITY COUNCIL REGULAR MEETING AGENDA June 7, 2022
The next regularly scheduled City Council meeting is Tuesday, June 21, 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 Thursday, June 2, 2022, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA June 7, 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 June 7, 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.