1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, November 1, 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
NOVEMBER 1, 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:
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• 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: Jim Todd, Love Manteca
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PRESENTATIONS:
Present a Proclamation proclaiming November 12th - 20th, as Hunger and Homelessness Awareness Week.
A.1. 22-503
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
CITY COUNCIL REGULAR MEETING AGENDA November 1, 2022
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
C.1. 22-330
Attachments: Attachment 1 - Resolution
Engineering:
Adopt a resolution approving Amendment No. 1 to the Agreement for Professional Services between the City of Manteca and TJKM extending the Performance Period to December 31, 2025, to provide professional services for Design and Environmental Services for the Retroreflective Traffic Sign Project HSIP 5242 (033) (CIP No. 16027); authorize the City Manager or designee to sign the amendment and associated documents; and authorize the City Manager same.
C.2. 22-524
Attachment 1 - Resolution
Attachment 2 - Reference Agreement for Professional Services (C2017-99) Attachment 3 - Amendment 01 - Retroreflective Traffic Sign Project Attachments:
Adopt a resolution approving Amendment No. 2 to the Agreement for Professional Services between the City of Manteca and TJKM extending the Performance Period to December 31, 2025 to provide professional services for Design and Environmental Services for the Traffic Signal Update Project HSIP 5242 (034) (CIP No. 17058); authorize the City Manager or designee to sign the amendment and associated documents; and authorize the City Manager or designee to sign same.
C.3. 22-533
Attachment 1 - Resolution
Attachment 2 - Reference Agreement for Professional Services (C2017-98) Attachment 3 - Reference Amendment No. 1 (C2017-98-A1)
Attachment 4 - Amendment 02 - Traffic Signal Update Project Attachments:
Adopt a resolution approving grading and construction of Drain 5 improvements prior to filing of the Final Map(s) for the Villa Ticino West subdivision.
C.4. 22-542
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Location Map
Attachments:
Adopt a resolution amending the Capital Improvement Plan to increase the total project budget for the Airport Way Pavement Improvement Project (CIP 11027) by $50,000, bringing the new total project budget to $ 4,328,560; approve a budget appropriation of $50,000 from Fund 430 - RTIF Undesignated Reserves; and approving Amendment No. 1 in the amount of $50,000, to the Agreement for Professional Services with TRC Engineers, Inc. for the construction management and inspection services C.5. 22-543
CITY COUNCIL REGULAR MEETING AGENDA November 1, 2022
for the Airport Way Pavement Improvements Project (CIP 11027) and Library Parking Lot Renovation (CIP 22062) for a total contract amount not to exceed $392,601; and authorize the City Manager or designee to sign the agreement and associated documents; or extend the agreement.
Attachment 1 - Resolution
Attachment 2 - Amendment 1 Construction Management & Inspection Attachment 3 - Reference TRC Agreement C2022-68
Attachment 4 - Location Map
Attachments:
Adopt a resolution approving grading and construction of improvements prior to filing of the Final Maps for Griffin Park Unit Nos. 7 & 8 included in the Griffin Park subdivision Unit 7 improvement plans and Unit 8 improvement plans.
C.6. 22-553
Attachment 1 - Resolution
Attachment 2 – Developer’s Request Letter
Attachment 3 - Vicinity Maps
Attachments:
Adopt a resolution accepting Public Improvements for the Vintage II, Tract 4061, 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 exoneration of the Warranty Bond twelve (12) months after the date of acceptance.
C.7. 22-554
Attachment 1 - Resolution
Attachment 2 - Vicinity Map
Attachment 3 - City Construction Inspector Memorandum
Attachments:
Human Resources:
Adopt a resolution approving the Memorandum of Understanding and Salary Matrix for the Manteca Professional Firefighters IAFF Local 1874 at the annual cost of $311,000 ($212,000 from the General Fund and $99,000 form Measure M) plus a one-time, non-persable payment from the American Rescue Plan Act of $132,000.
C.8. 22-551
Attachment 1 - Resolution
Attachment 2 - Memorandum of Understanding
Attachment 3 - Salary Matrix
Attachments:
Authorize equity adjustment of vacant Assistant City Clerk position and approve amended MMA Salary Matrix
C.9. 22-550
Attachments: Attachment 1 - Salary Matrix
Legislative Services/City Clerk:
CITY COUNCIL REGULAR MEETING AGENDA November 1, 2022
C.10. 22-548 Approval of the October 18, 2022, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes October 18, 2022 Attachment 2 - Regular Meeting Minutes October 18, 2022 Attachments:
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 for the Dutra Annexation Project (File No. PRZ21-056).
C.11. 22-549
Attachment 1 - Ordinance
Attachment 2 - Exhibit "A" to Ordinance
Attachments:
Public Works:
Adopt a resolution receiving and accepting a State of California Senate Bill 1383 Local Assistance Grant awarded to the Solid Waste Division for $124,088 and approve a budget appropriation in the same amount to Solid Waste (Fund 660) Account Number 660.40.75.001-6280.23 to allow staff to expend funds as outlined in the grant budget.
C.12. 22-541
Attachment 1 - Resolution
Attachment 2 - Budget Document
Attachment 3 - Congratulatory Note
Attachments:
Adopt a resolution approving Change Order No. 3 to the Wastewater Quality Control Facility Bar Screen Projects (CIP 21006 & 22056) with GSE Construction Company, for additional scope and compensation not-to-exceed $31,711 ($15,855.50 for each project) and a total compensation not-to-exceed $1,730,022.
C.13. 22-540
Attachment 1 - Resolution
Attachment 2 - Change Order No. 3
Attachment 3 - Change Order No. 2
Attachment 4 - Change Order No. 1
Attachment 5 - Original Contract
Attachments:
Adopt a resolution amending the Capital Improvement Plan (CIP) 22045 (Grapple Truck) budget, authorize an additional budget appropriation of $10,000 for a new total project budget of $260,000 from Fund 660-Solid Waste Undesignated Reserves to complete the procurement of a Solid Waste Grapple Truck due to an increase from the original budget brought on by market inflation.
C.14. 22-546
Attachment 1 - Resolution for Appropriation
Attachment 2 - Grappler Truck Sales Order
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA November 1, 2022
D. PUBLIC HEARINGS:
Receive public comment regarding the formation of the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services); adopt a resolution Establishing the Formation of a Community Facilities District; adopt a resolution calling for a Special Election for a Community Facilities District; adopt a resolution Declaring the Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien; and 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, authorizing the levy of special taxes in a Community Facilities District, CFD No. 2022-1 (Manteca Public Safety, Maintenance & Services).
D.1. 22-512
Attachment 1 - Notice of Public Hearing
Attachment 2 - Public Order of Proceedings
Attachment 3 - Resolution of Formation
Attachment 4 - Exhibits A and B to Resolution of Formation Attachment 5 - Resolution Calling a Special Election
Attachment 6 - Exhibit A to Resolution Calling a Special Election Attachment 7 - Resolution Certifying Election Results
Attachment 8 - Exhibit A to Resolution Certifying Election Results Attachment 9 - Ordinance
Attachment 10 - Notice of Special Tax Lien
Attachment 11 - Proposed boundaries of City of Manteca Community Facilities Districts No. 2021-1 Attachments:
E. DISCUSSION ITEMS:
Adopt a resolution authorizing the borrowing of funds pursuant to a loan agreement to refinance (i.e. refund) the 2009 Sewer ($19,000,000 outstanding), 2012 Sewer ($11,265,000 outstanding) and 2012 Water ($24,715,000 outstanding) Revenue Bonds to realize a combined debt service savings of as much as $7,333,959 over the same remaining term as the bonds to be refinanced, and authorizing the City Manager or designee to sign all related documents and execute all related actions.
E.1. 22-552
Attachment 1 - Resolution
Attachment 2 - Loan Agreement
Attachment 3 - Irrevocable Refunding Instructions
Attachment 4 - Presentation
Attachments:
F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
CITY COUNCIL REGULAR MEETING AGENDA November 1, 2022
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, November 15, 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 Monday, October 24, 2022, by 6:30 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA November 1, 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 November 1, 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.