1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, August 16, 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
AUGUST 16, 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 person and the following ways. • Zoom Webinar:
- To call or log into Zoom Webinar, please use the following:
Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
- 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, 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 Cantu
ROLL CALL: City Clerk
INVOCATION/FLAG SALUTE: Mohammad ElFarra, Islamic Center of Manteca / Councilmember Nuño
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PUBLIC COMMENT:
B. CONSENT ITEMS:
City Manager:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
B.1. 22-326
Attachments: Attachment 1 - Resolution
CITY COUNCIL REGULAR MEETING AGENDA August 16, 2022
Engineering:
Adopt a resolution approving an agreement to defer Improvements at 253 Pacific Road, Manteca, CA, 95337, for a fixed amount of $30,000 and authorize the Mayor to sign the Agreement.
B.2. 22-421
Attachment 1 - Resolution
Attachment 2 - Agreement to Defer Improvements
Attachments:
Adopt a resolution approving the Improvement Agreement and Final Map for Griffin Park Unit No. 5, Tract 4096.
B.3. 22-420
Attachment 1 - Resolution
Attachment 2 - Griffin Park Unit No. 5 Improvement Agreement Attachment 3 - Griffin Park Unit No. 5 Final Map
Attachment 4 - Vicinity Map
Attachments:
Approve Amendment No. 2 to the Agreement for Professional Services between the City of Manteca and Kleinfelder, Inc. extending the Time of Performance from a period of three (3) years to a period of three (3) years and eight (8) months, to provide As-Needed Geotechnical Engineering Field Services; and authorize the City Manager to sign and take all necessary steps to effectuate the Amendment.
B.4. 22-418
Attachment 1 - Agreement for Professional Services - C2019-115 Attachment 2 - Amendment No. 1 - C2019-115-A1
Attachment 3 - Amendment No. 2
Attachments:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy, Resolution 2008-150, at Wackerly Estates, Tract 4048, with the condition that the Performance Bond will be retained until all public improvements are completed to the satisfaction of the City Engineer and the Engineering Department.
B.5. 22-398
Attachment 1 - Vicinity Map
Attachment 2 - Construction Inspector Memo
Attachments:
Finance:
B.6. 22-430 Receive and file the FY 2021-22 Q4 Quarterly Treasurer’s Report.
Attachments: Attachment 1 - Investment Report June 30, 2022 Human Resources:
Adopt a resolution approving budget appropriations in the amount of $101,800 to fund the agreed upon contract with the Manteca Public Safety B.7. 22-445
CITY COUNCIL REGULAR MEETING AGENDA August 16, 2022
Mid-Management Association to be distributed as follows: Public Safety Sales Tax Salary and Benefit Accounts $24,700; General Fund Salary and Benefit Accounts $47,100 and ARPA funds of $30,000, and approve the Salary Matrix and Memorandum of Understanding with MPSMA effective July 1, 2022 through June 30, 2023.
Attachment 1 - Resolution
Attachment 2 - Memorandum of Understanding
Attachment 3 - Salary Matrix
Attachments:
Adopt a resolution approving the Salary Matrix and Memorandum of Understanding between the City of Manteca and the Manteca Police Employees Association (MPEA) effective July 1, 2022 through June 30, 2023.
B.8. 22-442
Attachment 1 - Resolution
Attachment 2 - Memorandum of Understanding
Attachment 3 - Salary Matrix
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 the zoning map to approve a pre-zone (File no. PRZ 21-173) for the Sedan Avenue annexation at 7189 East Sedan Avenue.
B.9. 22-407
Attachments: Attachment 1 - Ordinance
Public Works:
Adopt a resolution approving Change Order No. 2 to the Wastewater Quality Control Facility Bar Screen Project (CIP Numbers 21006 & 22056), with GSE Construction Company, for additional scope and compensation not-to-exceed $26,650 and a total compensation not-to-exceed $1,698,311.
B.10. 22-404
Attachment 1 - Resolution
Attachment 2 - Change Order No. 2
Attachment 3 - Change Order No. 1
Attachment 4 - Original Contract C2021-165
Attachments:
Adopt a resolution accepting a Grant of Easement from D.R. Horton CA2, Inc. on Assessor Parcel Numbers 200-130-010 and 200-130-020 along the western edge of the Manteca Golf Course for purposes of a golf ball easement.
B.11. 22-411
CITY COUNCIL REGULAR MEETING AGENDA August 16, 2022
Attachment 1 - Resolution
Attachment 2 - Executed Golf Ball Agreement with Exhibits A, B and C-1 and C-2 Attachments:
Approve Amendment No. 2 to Professional Services Agreement No.
C2020-128 for additional scope and time with compensation not-to-exceed $30,866, and total contract compensation not-to-exceed $101,296, with Herwit Engineering for engineering and construction inspection services for the WQCF Bar Screen Project (CIP 21006 & 22056).
B.12. 22-424
Attachment 1 - Original C2020-128
Attachment 2 - Amendment No. 1 C2020-128
Attachment 3 - Amendment No. 2C2020-128
Attachments:
C. PUBLIC HEARINGS:
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 Manteca Municipal Code (MMC) Table 17.26.020-1, Development Standards for Manteca's Base Zoning Districts, to increase the maximum building height within the Commercial Neighborhood (CN), Commercial General (CG) and Commercial Manufacturing (CM) zoning districts from 35 feet to 45 feet.
C.1 22-403
Attachment 1 - Planning Commission Staff Report
Attachment 2 - Planning Commission Resolution
Attachment 3 - MCA 22-057 Redline Copy
Attachment 4 - Ordinance
Attachment 5 - PowerPoint Presentation
Attachments:
D. DISCUSSION ITEMS:
Introduce, waive the first and second reading by substitution of the title, and adopt an urgency ordinance of the City Council of the City of Manteca, State of California, amending Manteca Municipal Code (MMC) 13.04.210, Public Services, to add and modify existing unlawful water uses..
D.1. 22-441
Attachment 1 - Ordinance
Attachment 2 - Existing Manteca Municipal Code 13.04.210 Attachment 3 - Red Lined Manteca Municipal Code 13.04.210 Attachments:
E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
CITY COUNCIL REGULAR MEETING AGENDA August 16, 2022
The next regularly scheduled City Council meeting is Tuesday, September 20, 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 Friday, August 12, 2022, by 2:30 p.m. /s/ Marco Martinez
____________________________________________
MARCO MARTINEZ
ACTING ASSISTANT DIRECTOR OF LEGISLATIVE SERVICES / ACTING ASSISTANT CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA August 16, 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 August 16, 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.