1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, April 5, 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
APRIL 5, 2022
7:00 PM
1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
***AMENDED***
Members of the public that wish to submit public comments may do so by several different methods. Public Comment may be submitted in the following ways.
• In Person:
- The City Council Chambers are open to the public in accordance with CDPH and CalOsha guidelines. • Zoom Webinar:
- To call or log into Zoom Webinar, please use the following:
Meeting ID: 826 7726 8640
Phone number: (669) 900 6833
- To speak during an item you must use the Raise Your Hand feature. If dialing in, press *9 to Raise Your Hand.
- Please remain muted until called upon
- 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 [email protected]
- Received no later than two hours prior to the meeting and limited to 250 words to be read into the record. - Public Comment over 250 words will be made part of the official record. • Mail: Office of the City Clerk, 1001 W. Center St., Ste. G, Manteca, CA 95337 - Received no later than two hours prior to the meeting and limited to 250 words to be read into the record. - Public Comment over 250 words will be made part of the official record. • Hand delivered to: Office of the City Clerk, 1001 W. Center St., Ste. G, Manteca, CA 95337 - Received no later than two hours prior to the meeting and limited to 250 words to be read into the record. - Public Comment over 250 words will 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: Tim Kemptner with New Hope Church AGENDA REVIEW AND SUPPLEMENTAL REPORTS:
A. PRESENTATIONS:
CITY COUNCIL REGULAR MEETING AGENDA April 5, 2022
Certificate of Recognition for walking/running all the streets within the city limits of Manteca.
A.1. 22-132
Attachments: Attachment 1 - Certificate of Recognition
Proclamation honoring the Children’s Home of Stockton on their efforts related to their 140 years of serving the San Joaquin area.
A.2. 22-146
Attachments: Attachment 1 - Proclamation
A.3. 22-151 Proclamation for COVID-19 Victims and Survivors Memorial Day.
Attachments: Attachment 1 - Proclamation
B. PUBLIC COMMENT:
C. CONSENT ITEMS:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
C.1. 21-568
Attachments: Attachment 1 - Resolution
Adopt a resolution approving a three-year Microsoft Enterprise agreement with CDW Government Computing Solutions in the amount of $734,868, approve a budget appropriation in the amount of $244,956 for Year One, and authorize the City Manager to sign all necessary documents.
C.2. 22-167
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachments:
Adopt a resolution accepting a Grant Deed from A.G. Dutra Properties, Ltd, Limited Partnership, a California Limited Partnership, for the expansion of Well Site #25, located at 1374 Oleander Avenue.
C.3. 22-158
Attachment 1 - Resolution
Attachment 2 - Grant Deed
Attachment 3 - Location Map
Attachments:
Adopt a resolution approving grading and construction of improvements, prior to filing of the Final Map, for work included in the Oakwood Trails Improvement Plans.
C.4. 22-150
Attachment 1 - Resolution
Attachment 2 - Developer's Request Letter
Attachment 3 - Location Map
Attachments:
Adopt a resolution to accept the grant deeds (APN 228-060-25 partial and 224-050-19 partial) that Caltrans acquired for the State Route 99 and 120 C.5. 22-089
CITY COUNCIL REGULAR MEETING AGENDA April 5, 2022
Improvement Project, authorize the City Manager or designee to execute the Certificate of Acceptance (COA), and direct the City Clerk to cause the associated deeds to be recorded in the office of the San Joaquin County Recorder
Attachment 1 - Resolution
Attachment 2 - Certificate of Acceptance
Attachment 3 - Grant Deeds and ROW Contracts (APN 228-060-25 Partial) Attachment 4 - Grant Deeds and ROW Contracts (APN 224-050-19 Partial) Attachment 5 - Caltrans ROW Map
Attachments:
Adopt a resolution establishing the Short Term Rental permit fee to cover costs incurred by the City to administer the Short Term Rental program.
C.6. 22-156
Attachment 1 - Resolution
Attachment 2 - Permit Application
Attachments:
Adopt a resolution approving a Purchase and Sale Agreement with the Successor Agency to the former Manteca Redevelopment Agency, as seller, for Exempt Surplus Property Owned by the Successor Agency and located at 682 S. Main Street.
C.7. 22-175
Attachment 1 - Resolution
Attachment 2 - Exhibit A to Resolution
Attachments:
Approve the agreement for Jose Jasso to serve as Interim Assistant City Manager from May 2, 2022 through December 12, 2022.
C.8. 22-181
Attachments: Attachment 1 - Proposed Agreement for Approval Approve an amendment with the Boys and Girls Club of Manteca increasing their Community Development Block Grant funds for their capital improvement project by $100,000.
C.9. 22-145
Attachments: Attachment 1 - Amendment
Approve a letter of support to the people of the Ukraine during this challenging time.
C.10. 22-169
Attachments: Attachment 1 - Letter
Approve a letter of support for North Lathrop Transfer Station and Lathrop Wye Project RAISE Grant Application and authorize City Manager to sign said letter.
C.11. 22-185
Attachment 1 - Letter of Support
Attachment 2 - Project Fact Sheet
Attachments:
CITY COUNCIL REGULAR MEETING AGENDA April 5, 2022
Approve an agreement with Mark Thomas and Company to continue to provide environmental, right of way acquisition, and engineering services for the State Route 120/Union Road Interchange project and authorize the City Manager or designee to sign the same.
C.12. 22-171
Attachments: Attachment 1 - Professional Service Agreement with Consultant Approve Amendment No. 1 to the Professional Service Agreement with Dewberry Engineers, Inc. to increase the compensation to consultant by $200,000.00, for a total not-to-exceed amount of $275,000.00 to provide Project Management and Engineering Support Services needed for Capital Improvement Program (CIP) projects, Infrastructures, Plan Checking, and General Engineering Supports and authorize the City Manager or designee to sign the Amendment.
C.13. 22-172
Attachment 1 - Professional Service Agreement with Consultant (C2021-45) Attachment 2 - Amendment No. 1
Attachments:
Authorize the Director of Finance to release a Request for Proposal for Municipal Financial Advisory Services, for the purpose of evaluating and preparing for future bond issuances.
C.14. 22-155
Attachments: Attachment 1 - RPF for Municipal Financial Advisory Services Adopt a resolution approving Roofing Change Order No. 4 to the City of Manteca Senior Center Improvements - Phase 2 Project (CIP 18049), including the Senior Center Refrigeration Upgrades and Renovations Project (CIP 20012).
C.15. 22-166
Attachment 1 - Change Order No. 4
Attachment 2 - Resolution
Attachments:
Waive the final reading and substitution by title and adopt an ordinance approving the third Amendment to the Development Agreement between the City and CenterPoint Properties regarding the extension of Intermodal Way.
C.16. 22-152
Attachment 1 - City Council Ordinance
Attachment 2 - Exhibit A to Ordinance: Third Amendment to Development Agreement Attachments:
C.17. 22-153 Approval of City Council Meeting Minutes.
Attachment 1 - Special Meeting Minutes 03-03-2022
Attachment 2 - Special Meeting Minutes 03-15-2022
Attachment 3 - Regular Meeting Minutes 03-15-2022
Attachments:
D. DISCUSSION ITEMS:
CITY COUNCIL REGULAR MEETING AGENDA April 5, 2022
Waive the first reading by substitution of title and adopt an ordinance, amending Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, as codified by Assembly Bill No. 481, the City of Manteca, by and through the Manteca Police Department, shall maintain an active military equipment use policy, which shall be approved by resolution of the City Council.
D.1. 22-111
Attachment 1 - Resolution
Attachment 2 - City of Manteca Policy Regarding Use of Military Equipment Attachment 3 - Ordinance regarding Military Use Policy
Attachments:
Approve the first reading of amendments to the Manteca Municipal Code concerning future Planning Commission appointments and adopt corresponding resolution regarding current Planning Commissioners’ terms and appointments.
D.2. 22-170
Attachment 1 - Proposed Changes to Chapter 2.24 and Related Resolution to the Ordinance Attachment 2 - Resolution Regarding Current Terms and Appointments Attachment 3 - Planning Commission Chapter 2.24
Attachment 4 - Redline Planning Commission Chapter 2.24 Attachments:
E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, April 19, 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 Friday, April 1, 2022, by 1:00 p.m. /s/ Olivia Nashed
____________________________________________
OLIVIA NASHED
ASSISTANT DIRECTOR OF LEGISLATIVE SERVICES / ASSISTANT CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA April 5, 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 April 5, 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.