1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, September 20, 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
SEPTEMBER 20, 2022
7:00 PM
1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
Pursuant to Government Code 54953(b), this meeting will include a teleconference location at 1008 Yolo Street, Manteca, CA 95336 for Councilmember Breitenbucher and at 862 Canyon Court, Manteca, CA 95336 for Vice Mayor Halford. They will be attending the Regular Meeting via teleconference. The public shall have the opportunity to address the City Council at this teleconference location pursuant to Government Code Section 54953. All votes during the teleconferencing session will be conducted by roll call vote. The teleconference location is accessible to the public and the agenda will be posted at the teleconference location 24 hours before the meeting.
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: Brian Hunt, Crossroads Grace
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PUBLIC COMMENT:
B. CONSENT ITEMS:
City Manager:
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
B.1. 22-328
Attachments: Attachment 1 - Resolution
Development Services:
Adopt a resolution making express findings and determinations that modifications to the 2022 California Building, Residential, Plumbing, and Mechanical Codes are reasonably necessary because of local climatic, geological, or topographical conditions.
B.2. 22-470
Attachment 1 - Resolution
Attachment 2 - Resolution Exhibit "A"
Attachments:
Engineering:
Adopt a resolution accepting a Grant Deed from Madan Mohan Das, for an Emergency Vehicle Access Easement located at 448 and 456 East Alameda Street.
B.3. 22-344
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution amending the Capital Improvement Plan transferring $72,000 from the Gas Tax/ Street Improvement Fund
(420.00.00.900-8150.46) to the Subsidized Street Project Fund (480.00.00.900-8150.02) for the Local Road Safety Plan Project (CIP No. 22037), approving a budget appropriation of $72,000 to the Subsidized Street Project Fund Intergovernmental Grants revenue account in Fund 480 (specific account number to be determined by Finance), awarding a contract to Kimley-Horn and Associates, Inc. for Professional Engineering Services to prepare a Local Road Safety Plan (LRSP) for an amount not-to-exceed $79,920.40, and authorize the City Manager or designee to sign the agreement and associated documents.
B.4. 22-360
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - Proposal
Attachments:
Adopt a resolution for the Statement of Consistency pursuant to Executive Order N-7-22 and Findings of Fact for construction of a new groundwater irrigation well in the Villa Ticino West subdivision for irrigation of a park; and authorize the City Engineer to take all necessary steps to comply with the terms of the Executive Order.
B.5. 22-455
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
Attachments: Attachment 1 - Resolution
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Cerri, Unit No. 3 subdivision, Tract 4066.
B.6. 22-462
Attachment 1 - Location Map
Attachment 2 - Construction Inspector Memorandum
Attachments:
Adopt a resolution approving the short list of qualified engineering firms to provide Environmental and Design Services for various upcoming improvement projects. The shortlist will be valid for a period of five (5) years, following approval by City Council.
B.7. 22-472
Attachment 1 - Resolution
Attachment 2 - List of Qualified Engineering Firms Env & Design Services Attachment 3 - Project Location Map
Attachments:
Adopt a resolution approving the short list of qualified engineering firms to provide Construction Management Services for various Federally and Locally Funded Improvement Projects. The shortlist will be valid for a period of five (5) years, following approval by City Council.
B.8. 22-473
Attachment 1 - Resolution
Attachment 2 - Short List of Qualified Engineering Firms_Construction Management Services Attachment 3 - Project Location Map
Attachments:
Adopt a resolution approving a budget appropriation $15,000 from Fund 640 Undesignated Reserves to account 640.00.00.900-8050.20 Wastewater Plant Improvements, determine Conco West, Inc. to be the lowest responsive and responsible bidder for the WQCF Glycerin System Project (CIP 22060); awarding contract to same for an amount not-to-exceed $357,100; authorize the City manager, or designee, to sign the construction contract and associated documents, and approve project contingency funds to issue change orders in an amount not- to-exceed 15%, ($53,565) of the construction contract amount.
B.9. 22-475
Attachment 1 - Resolution
Attachment 2 - Bid Tabulation
Attachment 3 - Location Map
Attachments:
Adopt a resolution adopting Caltrans Local Assistance Procedures Manual Chapter 10.
B.10. 22-477
Attachment 1 - Resolution
Attachment 2 - Official Letter addressed to DLA Office of Guidance and Oversight Office Chief Attachments:
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
Adopt a resolution approving the a Professional Services Agreement with Wood Rodgers, Inc. for the preparation of plans and specifications for the Nile Garden Well 30 Water Supply Project (Project) for an amount not-to-exceed $505,447; authorize the City Manager or designee to sign the agreement and associated documents; approve project contingencies; issue change orders not-to-exceed 15% ($75,817) for a total not-to-exceed amount of $581,264.
B.11. 22-479
Attachment 1 - Resolution
Attachment 2 - Request for Proposal
Attachment 3 - Agreement
Attachment 4 - Project Location
Attachments:
Adopt a resolution approving a Grant Deed that will grant 1,586 square feet of real property to the Pillsbury Road Partners, LLC, to correct the width of Lot “LC” along the south side of Lion Drive as dedicated on the Griffin Park Unit No. 2 Final Map.
B.12. 22-481
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachments:
Adopt a resolution approving the Improvement Agreement for Shadowbrook Neighborhood 6 and the Final Map for Shadowbrook Neighborhoods 6 & 7, Tract 4010.
B.13. 22-483
Attachment 1 - Resolution
Attachment 2 - Shadowbrook Neighborhood 6 Improvement Agreement Attachment 3 - Shadowbrook Neighborhood 6 and 7 Final Map Attachment 4 - Location Map
Attachments:
Adopt a resolution approving a Parcel Map for Jack Lewis II, Jennifer Lynn Nunes, and James Francis Lewis located at 1825 and 1965 South Union Road.
B.14. 22-484
Attachment 1 - Resolution
Attachment 2 - Parcel Map
Attachments:
Authorize Mayor to sign a letter of support requesting that the State Water Resources Control Board (State Water Board) set aside the Administrative Hearing Officer’s Proposed Order to cancel the City of Stockton pending Water Right Application 30531B.
B.15. 22-508
Attachment 1 - Letter to the State Water Control Board
Attachment 2 - City of Stockton Final Status Conference Statement Attachments:
Human Resources:
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
Adopt a resolution approving a budget appropriation in the amount of $89,000 to fund the equity adjustment for the Instrument Technician/Electrician, Senior Instrument Technician and Lead Wastewater Plant Maintenance Technician and approve the Salary Matrix for Operating Engineers local No. 3 (OE3).
B.16. 22-436
Attachment 1 - Resolution
Attachment 2 - OE3 Salary Matrix
Attachments:
Adopt a resolution approving budget appropriations in the amount of $13,000 to fund the equity adjustment necessary to alleviate compaction between the Police Chief and Fire Chief and their immediate subordinates and approve the Salary Matrix for Executive Management effective September 1, 2022.
B.17. 22-480
Attachment 1 - Resolution
Attachment 2 - Salary Matrix
Attachments:
Information Technology and Innovation:
Approve agreements with CALNET for Comcast Cable Communications for Ethernet Network Service (ENS) at seven City sites, totaling $6,250 per month, and authorize the City Manager to sign all necessary documents (CALNET IPR Agreement - Six (6-Sites) and CALNET IPR Agreement - One (1-Site).
B.18. 22-482
Attachment 1 - CALNET IPR Agreement - 6 Sites
Attachment 2 - CALNET IPR Agreement - 1 Site
Attachment 3 - Comcast Quote
Attachments:
Legislative Services/City Clerk:
Adopt a resolution approving the 2022-2024 City of Manteca Conflict of Interest Code as required by the Political Reform Act.
B.19. 22-379
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution
Attachment 3 - Exhibit “B” to Resolution
Attachments:
B.20. 22-437 Approval of City Council Meeting Minutes.
Attachment 1 - Special Meeting Minutes August 3, 2022
Attachment 2 - Regular Meeting Minutes August 16, 2022
Attachment 3 - Special Meeting Minutes August 16, 2022
Attachment 4 - Special Meeting Minutes August 29, 2022
Attachments:
B.21. 22-446 Waive the second reading by substitution of the title and adopt an
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
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.
Attachments: Attachment 1 - Ordinance
Police Department:
Adopt a resolution accepting UC Davis Welcome Grant in the amount of $5,000 for the Manteca Animal Control Shelter and approve related budget appropriations.
B.22. 22-478
Attachments: Attachment 1 - Resolution
Public Works:
Approve the reclassification of a vacant Parks Maintenance Worker I to an Urban Forestry Technician.
B.23. 22-467
Attachments: Attachment 1 - Job Description
Adopt a resolution of intention for the proposed establishment of the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (CFD) and establish a future annexation area.
B.24. 22-485
Attachment 1 - Resolution
Attachment 2 - Exhibits A & C
Attachment 3 - Landowner Petitions
Attachment 4 - Formation Timeline
Attachments:
Authorize an Invitation to Bid for the F2E/Food Waste Processing Facility electrical and plumbing work project; the Mega Thor Turbo Food Separator at the Lovelace Transfer Station.
B.25. 22-487
Attachment 1 - Technical Specifications for Waste Processing Facility Attachment 2 - Waste Processing Facility Contract Drawings Attachment 3 - Invitation to Bid
Attachments:
Authorize staff to re-class the existing vacant position of Solid Waste Utility Worker to Solid Waste Equipment Operator; and proceed with the recruiting of Solid Waste Equipment Operator I or II.
B.26. 22-493
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
Attachment 1 - Solid Waste Utility Worker job description Attachment 2 - Solid Waste Equipment Operator II job description Attachment 3 - Solid Waste Equipment Operator I job description Attachments:
C. PUBLIC HEARINGS:
Conduct a public hearing to consider the proposed Mossdale Tract Regional Development Impact Fee Update Nexus Study (Nexus Study), receive public input, and upon conclusion of the public hearing, adopt a resolution that, (1) approves and adopts the Nexus Study; (2) states that the Updated Nexus Study supersedes any prior nexus study adopted in relation to development impact fees for the Mossdale Tract area; (3) states that proposed development impact fee shall be considered for adoption by ordinance at a second scheduled public hearing on September 20, 2022; (4) approves the Amended Agreement for Collection of San Joaquin Area Flood Control Agency Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee; (5) delegates authority to the City Manager to execute the amended collection agreement, substantially in the form attached, with the San Joaquin Area Flood Control Agency (SJAFCA), San Joaquin County, and the cities of Lathrop and Stockton; and (6) determines that adoption of this Resolution is not a “project” subject to the California Environmental Quality Act.
C.1. 22-453
Attachment 1 - Resolution
Attachment 2 - Exhibit A - Updated Nexus Study
Attachment 3 - Exhibit B - Amended Collection Agreement Attachment 4 - 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 Manteca Municipal Code (MMC), Title 13 Public Services, Chapter 13.50, Interim Urban Level of Flood Protection Levee Impact Fee (amended chapter title: Regional Urban Level of Flood Protection Levee Impact Fee); and adopt a resolution establishing the proposed Regional Urban Level of Flood Protection Development Impact Fee for projects within Mossdale Tract Area.
C.2. 22-476
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution
Attachment 3 - Ordinance
Attachment 4 - Exhibit "A" to Ordinance
Attachment 5 - Exhibit "B" to Ordinance
Attachment 6 - Red Lined Ordinance
Attachments:
Waive the first reading by substitution of the title and introduce an ordinance of the City Council of the City of Manteca amending Title 15, C.3. 22-468
CITY COUNCIL REGULAR MEETING AGENDA September 20, 2022
Buildings and Construction, and adopting by reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24, Parts 1, 2, 2.5, 3, 4, 5, 6, 8, 10, 11, and 12, including identified appendices), including adoption of local amendments to the Building Standards Code.
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A"
Attachment 3 - Exhibit "A" - Redline
Attachments:
**Previously Noticed to be heard; will be heard at the October 4, 2022, City Council Meeting.**
Adopt a resolution approving the Site Plan and Design Review and Planned Development, with Conditions of Approval for the Manteca Marriott Courtyard project (SPC 22-22 and PCD 22-19); and Waive the first reading by substitution of the title and introduce an ordinance of the City of Manteca, State of California, amending Ordinance No. 1501, the zoning ordinance, as amended, a zoning map change for the Manteca Marriott Courtyard project (REZ-22-21).
C.4. 22-507
D. DISCUSSION ITEMS:
Approval of Amendment to the Contract for Toni Lundgren as Interim City Manager.
D.1. 22-490
Attachments: Attachment 1 - Contract Amendment
E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, October 4, 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, September 15, 2022, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA September 20, 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 September 20, 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.