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 20, 2022
7:00 PM
See last pages of agenda for information regarding meeting procedures.
CITY COUNCIL
Mayor, Gary Singh
Vice Mayor, Mike Morowit
Councilmember, David Breitenbucher
Councilmember, Charlie Halford
Councilmember, Jose Nuño
REGULAR MEETING AGENDA
REGULAR MEETING AGENDA
MANTECA CITY COUNCIL
DECEMBER 20, 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 Singh
ROLL CALL: City Clerk
INVOCATION/FLAG SALUTE: Vice Mayor Mike Morowit and City Attorney David Nefouse AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PRESENTATIONS:
A.1. 22-643 Certificate of Recognition honoring Marc Minton for his heroic actions.
Attachments: Attachment 1 - Certificate
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. 22-333
CITY COUNCIL REGULAR MEETING AGENDA December 20, 2022
Attachments: Attachment 1 - Resolution
Engineering:
Adopt a resolution approving a Memorandum of Understanding (MOU) Related to Funding for the Mossdale Tract Area Projects Between SJAFCA, the City of Stockton, and the City of Lathrop; delegate authority for the City Manager to execute to the MOU and any Amendments.
C.2. 22-637
Attachment 1 - Resolution
Attachment 2 - Memorandum of Understanding
Attachments:
Adopt a resolution accepting Public Improvements for the North Main Commons, Tract 3915, 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.3. 22-614
Attachment 1 - Resolution
Attachment 2 - Location Map
Attachment 3 - Construction Inspector Memorandum
Attachments:
Adopt a resolution approving Amendment No. 1 to the Agreement for Professional Services with HydroScience Engineers, Inc. for the City of Manteca Water Master Plan and Rate Study in the amount of $26,000; approving a Reimbursement Agreement with the Oakwood Lake Water District in the amount of $26,000; and authorizing the City Manager to sign Amendment No. 1 with HydroScience, sign the Reimbursement Agreement with the Oakwood Lake Water District, and take all necessary steps to effectuate the Amendment and the Reimbursement Agreement.
C.4. 22-615
Attachment 1 - Resolution
Attachment 2 - C2021-86 Agreement for Professional Services Attachment 3 - C2021-86-A1 Agreement for Professional Services Amendment Attachment 4 - Exhibit A to C2021-86-A1 Agreement for Professional Services Amendment Attachment 5 - OLWD Reimbursement Agreement
Attachments:
Approve Amendment No. 2 to the Agreement for Professional Services with Dewberry Engineers, Inc. extending the Performance Period to December 31, 2023; adjusting the compensation by $193,600 for Supplemental Permitting Assistance and Expanded Design Services performed for a not-to-exceed total amount of $1,384,868; and authorize the City Manager to sign Amendment No. 2 and take all necessary actions to effectuate the Amendment.
C.5. 22-620
CITY COUNCIL REGULAR MEETING AGENDA December 20, 2022
Attachment 1 - Agreement for Professional Services C2020-10 Attachment 2 - Amendment No. 1 C2020-10-A1
Attachment 3 - Amendment No. 2 C2020-10-A2
Attachments:
Human Resources:
Approve a Side Letter Agreement to the master Memorandum of Understanding (MOU) for the Manteca Police Officer’s Association (MPOA).
C.6. 22-636
Attachments: Attachment 1 - MPOA Side letter
Approve the correct Memorandum of Understanding for Operating Engineers Local No. 3 (OE3) for the period covering July 1, 2022 through June 30, 2023.
C.7. 22-639
Attachments: OE3
Adopt a resolution approving a budget appropriation in the amount of $28,933.20 to fund the equity adjustment for the Deputy Director of Engineering and approve the Salary Matrix for the Manteca Mid-Manager’s Association (MMA).
C.8. 22-611
Attachment 1 - Salary Matrix
Attachment 2 - Resolution
Attachments:
Information Technology and Innovation:
Approve a Response Letter to the San Joaquin County Civil Grand Jury’s Report “San Joaquin County and Its Seven Cities: Cybersecurity:
Local Defense Against a Global Threat,” Case No. 0321, and Authorize the Mayor or Vice Mayor to Execute the Response Letter on Behalf of the City Council.
C.9. 22-596
Attachment 1 - Grand Jury Report
Attachment 2 - Grand Jury Response
Attachments:
Legislative Services/City Clerk:
Approval of Amendments to the Speakers Time Limit and Decorum Policy.
C.10. 22-510
Attachment 1 - Amended Policy with Redline
Attachment 2 - Clean Final Version
Attachments:
C.11. 22-588 Consider adoption of the 2023 City Council meeting calendar.
Attachments: Attachment 1 - Draft 2023 Meeting Calendar
CITY COUNCIL REGULAR MEETING AGENDA December 20, 2022
Approval of the December 6, 2022, Special and Regular Meeting Minutes and the December 13, 2022, Special Meeting Minutes.
C.12. 22-618
Attachment 1 - Special Meeting Minutes December 6, 2022 Attachment 2 - Regular Meeting Minutes December 6, 2022 Attachment 3 - Special Meeting Minutes December 13, 2022 Attachments:
Public Works:
Adopt a resolution awarding the contract for the electrical and plumbing work for the F2E/Food Waste Processing Facility Mega THOR Food Separator Project (CIP 22032) for $387,762 to TNT Industrial Contractors; authorize the City Manager or designee to sign the contract and associated documents and extend contract as needed to complete the project, approve contract contingency in the amount of 20% ($77,553) to allow for change orders as needed for a not-to-exceed contract total of $465,315, appropriate $465,315 to Account No. 660.00.00.900-7000.04 as noted in the fiscal impact section, and amend CIP 22032 to include the additional appropriation for a not-to-exceed project total of $1,364,315, and close CIP Project No. 21021, CIP Project No. 22054, and CIP Project No. 22055.
C.13. 22-619
Attachment 1 - Resolution
Attachment 2 - Bid Tabulation
Attachment 3 - Project Drawings-Location
Attachments:
D. PUBLIC HEARINGS:
**Previously noticed to be heard; will be heard at a future City Council Meeting.**
Adopt a resolution confirming the approval of the Planning Commission decision to adopt the Mitigated Negative Declaration and approve the Site Plan and Design Review Application for GBX Manteca, located at 2261 Operation Place (File No. SPC 21-136); Conduct a public hearing and uphold the Planning Commission approval of the GBXManteca Project by denying the appeals from the Golden State Environmental Justice Alliance and The City of Lathrop.
D.1. 22-642
E. DISCUSSION ITEMS:
Receive a staff presentation and provide direction and consensus to staff on next steps regarding a possible sidewalk repair Ordinance.
E.1. 22-634
Attachments: Attachment 1 - Sidewalk Repair Ordinance Presentation F. CITY MANAGER COMMENTS:
G. COUNCIL COMMENTS:
CITY COUNCIL REGULAR MEETING AGENDA December 20, 2022
H. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, January 10, 2023, 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, December 15, 2022, by 6:00 p.m. /s/ Marco Martinez
____________________________________________
MARCO MARTINEZ
ACTING ASSISTANT CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA December 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.) 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 20, 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.