1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, December 6, 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
DECEMBER 6, 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: Councilmember David Breitenbucher AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PRESENTATIONS:
A.1. 22-598 Certificate of Retirement Honoring Michael Aguilar, Chief of Police.
Attachments: Attachment 1 - Retirement Certificate
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
City Manager:
C.1. 22-332 Adopt a resolution continuing the Proclamation of Local Emergency in
CITY COUNCIL REGULAR MEETING AGENDA December 6, 2022
response to the Coronavirus (COVID-19).
Attachments: Attachment 1 - Resolution
Development Services:
Adopt a resolution accepting a grant from the California Energy Commission, California Automated Permit Processing (CalAPP) Program in the amount of $60,000, approve a budget appropriation in the same amount to Intergovernmental Grants-State/County CA Energy Commission - Account No. 340.30.45.000-4475.30, approve a Grant Agreement with the California Energy Commission in the amount of $60,000, and authorize the City Manager to sign said agreement.
C.2. 22-515
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachments:
Adopt a resolution approving a Subscription Service Agreement for Accela (SaaS) Civic Application and an agreement with LCT Software LLC (DigEPlan) for integrated Electronic Plan Review; Approve Professional Services Agreements with TruePoint Solutions, LLC for implementation and post-go-live support of the Accela (SaaS) Civic Application for a total under-budget amount of $398,000 with annual subscription costs of $105,290, plus annual growth of 3%-5%; and Authorize the City Manager to sign all agreements as necessary.
C.3. 22-530
Attachment 1 - Resolution
Attachment 2 - Accela (SaaS) Civic Application Agreement Attachment 3 - LCT Software LLC Agreement
Attachment 4 - Professional Services Agreement - TruePoint Solutions (Implementation) Attachment 5 - Professional Services Agreement - TruePoint Solutions (Ongoing Service) Attachments:
Adopt a resolution pursuant to Government Code Section 54221(b) declaring that real property owned by the City located at 309 W. Yosemite Avenue and 105 Sycamore (A.P.N.’s 217-210-10 & 11) are surplus land, and taking related actions, and determine the property exempt from CEQA review under sections 15378 and 15061 (b) (3) of title 14 of the California Code of Regulations.
C.4. 22-557
Attachments: Attachment 1 - Resolution
Engineering:
Adopt a resolution accepting public improvements for the Nur Al-Huda Academy; approving exoneration of the Irrevocable Standby Letter of Credit for construction of the public improvements six (6) months after the date of acceptance; and approving exoneration of the Warranty Irrevocable Standby Letter of Credit twelve (12) months after the date of acceptance.
C.5. 22-601
CITY COUNCIL REGULAR MEETING AGENDA December 6, 2022
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - Construction Inspector Memorandum
Attachments:
Approve partial acceptance of public improvements in accordance with the Subdivision Partial Acceptance Policy for the Yosemite Greens subdivision, Tract 4081, 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.
C.6. 22-604
Attachment 1 - Vicinity Map
Attachment 2 - Construction Inspector Memorandum
Attachments:
Finance:
Adopt a resolution approving Amendment No. 1 to the ClearGov, Inc. contract C2021-186, extending services for two additional years and increasing the amount from $54,000 to $114,000, and authorizing the City Manager or designee to sign the amendment and associated documents.
C.7. 22-595
Attachment 1 - Resolution
Attachment 2 - Contract C2021-186 Original Agreement
Attachment 3 - Amendment No. 1
Attachments:
Human Resources:
C.8. 22-573 Adopt a resolution approving the 2023 Part Time Salary Matrix.
Attachment 1 - Resolution
Attachment 2 - Exhibit "A" to Resolution - 2023 Part Time Salary Matrix Attachments:
Adopt a resolution approving the Memorandum of Understanding and Salary Matrix for the Manteca Mid-Manager’s Association (MMA) at the annual cost of $248,000 plus a one-time, non-persable payment from the American Rescue Plan Act of $150,000, for a total of $398,000.
C.9. 22-574
Attachment 1 - Resolution
Attachment 2 - MMA MOU
Attachment 3 - Salary Matrix
Attachments:
Adopt a resolution approving the Memorandum of Understanding and Salary Matrix for the Manteca Technical Support Services Association (MTSSA) at the annual cost of $198,800 (General Fund = $70,900; Other Funds = $127,900) plus a one-time, non-persable payment from the American Rescue Plan Act of $210,000, for a total of $408,800.
C.10. 22-581
CITY COUNCIL REGULAR MEETING AGENDA December 6, 2022
Attachment 1 - Memorandum of Understanding
Attachment 2 - MTSSA Salary Matrix
Attachment 3 - Resolution
Attachments:
Adopt a resolution approving the Industrial Disability Retirement benefit on behalf of Police Officer Elliott Eichel.
C.11. 22-583
Attachments: Attachment 1 - Resolution
Legislative Services/City Clerk:
Receive and file the 2023 Local Appointments List highlighting upcoming term vacancies occurring in the next year on City boards, commissions, and committees.
C.12. 22-589
Attachments: Attachment 1 - 2023 Local Appointments List Approval of the November 15, 2022, Special and Regular Meeting Minutes.
C.13. 22-609
Attachment 1 - Special Meeting Minutes November 15, 2022 Attachment 2 - Regular Meeting Minutes November 15, 2022 Attachments:
Public Works:
Approve Amendment No. 2 to Agreement C2017-140 for a lease agreement with Mizuno Farms through December 31, 2023 for the lease of 23000 South Hays Road Property, this amendment will generate an estimated $99,000 to the Sewer Fund (Revenue Account
640-40.80.015.4500.08) and authorize the Mayor to sign the agreement.
C.14. 22-519
Attachment 1 - Amendment No. 2.pdf
Attachment 2 - Farmland Lease Agreement (C2017-140-A1)
Attachments:
Adopt a resolution approving a General Services Agreement with MCC Controls, LLC, DBA Primex, for the Wells 17 and 19 Variable Frequency Drive Replacement Project (CIP No. 22034) for an amount not-to-exceed $118,310; and authorize the City Manager or designee to sign the agreement and associated documents.
C.15. 22-567
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachments:
D. DISCUSSION ITEMS:
D.1. 22-603 Receive a Presentation on the City Website Upgrade Attachments: Attachment 1 - City Website Upgrade Presentation
CITY COUNCIL REGULAR MEETING AGENDA December 6, 2022
E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, December 20, 2022, at 7:00p.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, December 1, 2022, by 4:30p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA December 6, 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 December 6, 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.