1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, October 4, 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
OCTOBER 4, 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: Douglas Montandon, Love, Inc.
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PRESENTATIONS:
Proclamation presented to the Women’s Center-Youth & Family Services recognizing October 2022, as Domestic Violence Awareness Month.
A.1. 22-522
Attachments: Attachment 1 - Proclamation
Certificate of Recognition presented to Raquel Fresquez Frogier, Ruth Varela Figueroa, and Charles Paz.
A.2. 22-526
Attachments: Attachment 1 - Certificates
CITY COUNCIL REGULAR MEETING AGENDA October 4, 2022
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
C.1. 22-329
Attachments: Attachment 1 - Resolution
Engineering:
Adopt a resolution, approving a budget appropriation of $33,500 from Sewer Maintenance and Operations Fund (Fund 640) Undesignated Reserves to account 640.00.00.900-8050.19 Compressed Biogas Fueling Facility project - Phase II (CIP No. 17008); amending the Capital Improvement Program to reopen the Compressed Biogas Fueling Facility Project - Phase II (CIP No. 17008); approving a Professional Services Agreement with Pacific Advanced Civil Engineers, Inc. for the preparation of plans and specifications for the Wastewater Quality Control Facility (WQCF) Capacity Improvements Project for an amount not-to-exceed $461,870 ($431,422 ARPA Funded + $30,448 Sewer Maintenance and Operations Fund Undesignated Reserves); authorizing the City Manager or designee to sign the agreement and associated documents; approving project continencies not-to-exceed 10% ($46,187) for a total not-to-exceed amount of $508,057.
C.2. 22-494
Attachment 1 - Resolution
Attachment 2 - Request for Proposal
Attachment 3 - Agreement
Attachment 4 - Project Location
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 Trails at Manteca 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.
C.3. 22-502
Attachments: Attachment 1 - Resolution
Adopt a resolution approving Amendment No. 1 to the Improvement Agreement for Griffin Park, Unit No. 1, modifying Schedule B, Total Transportation Facilities System, Public Facilities Implementation Plan Reimbursement, increasing the amount from $304,685.30 to $353,900.30; and authorizing the Mayor to sign the amendment.
C.4. 22-496
CITY COUNCIL REGULAR MEETING AGENDA October 4, 2022
Attachment 1 - Resolution
Attachment 2 - Amendment No 1 to the Griffin Park Unit No 1 Improvement Agreemenet Attachment 3 - Exhibit A to Amendment No. 1
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 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).
C.5. 22-505
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A" to Ordinance
Attachment 3 - Exhibit "B" to Ordinance
Attachments:
Waive the second reading by substitution of the title and adopt an ordinance of the City Council of the City of Manteca amending Title 15, 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.
C.6. 22-506
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A"
Attachments:
Approval of the September 20, 2022, Special and Regular Meeting Minutes.
C.7. 22-504
Attachment 1 - Special Meeting Minutes September 20, 2022 Attachment 2 - Regular Meeting Minutes September 20, 2022 Attachments:
Public Works:
Approve the reclassification of vacant Wastewater Maintenance Worker position to Wastewater Plant Maintenance Worker.
C.8. 22-499
Attachment 1 - Wastewater Plant Maintenance Worker 1 Job Description Attachment 2 - Wastewater Plant Maintenance Worker 2 Job Description Attachment 3 - Wastewater Plant Maintenance Worker 3 Job Description Attachments:
D. INTERVIEWS AND APPOINTMENTS:
Interview and consider appointment of two applicants to fill existing term expirations on the Manteca Youth Advisory Commission and direct the City Clerk to continue to solicit applications for the remaining open vacancies.
D.1. 22-498
CITY COUNCIL REGULAR MEETING AGENDA October 4, 2022
Attachment 1 - Applications
Attachment 2 - Current Roster
Attachment 3 - Bylaws
Attachments:
Interview and consider appointment of one applicant to fill existing term expiration on the San Joaquin Council of Governments Citizen Advisory committee, term ending October 31, 2026.
D.2. 22-501
Attachment 1 - Applications
Attachment 2 - Roster
Attachment 3 - Bylaws
Attachments:
E. PUBLIC HEARINGS:
Adopt a resolution adopting the Initial Study/Mitigated Negative Declaration (“IS/MND”) State Clearinghouse Number SCH 2022060705 and 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).
E.1. 22-454
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution - Project Plans Attachment 3 - Exhibit "B" to Resolution - Conditions of Approval Attachment 4 - Ordinance
Attachment 5 - Planning Commission Staff Report
Attachment 6 - IS/MND Comments and Responses
Attachment 7 - Mitigation Monitoring and Reporting Program Attachment 8 - PowerPoint Presentation
Attachments:
**Previously Noticed to be heard; will be heard at a future City Council Meeting.**
Waive the first reading and substitution of the title and conduct a public hearing to introduce a Municipal Code Amendment to Title 3, Revenue and Finance, by creating Chapter 3.44, Affordable Housing Fee Ordinance and approve a resolution establishing the affordable housing fee at $1.69 per square foot for single-family (i.e. single-family dwellings, detached single-family dwellings, duplex structures, accessory dwelling units, manufactured homes, and mobile homes); and $0.91 per square foot for multi-family (i.e. triplex, fourplex, structures with five or more attached units, and mixed-use dwelling units).
E.2. 22-523
CITY COUNCIL REGULAR MEETING AGENDA October 4, 2022
**Previously Noticed to be heard; will be heard at a future City Council Meeting.**
Waive the first reading by substitute of the title and introduce an ordinance amending Municipal Code Section 3.24 Purchasing by removing Sections
3.24.030 through 3.24.090, inclusive, and updating wording to Sections
3.24.020, 3.24.100, 3.24.110, and 3.24.111.
E.3. 22-518
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, October 18, 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 29, 2022, by 6:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA October 4, 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.) 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.
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.
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 October 4, 2022
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.