1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Monday, August 29, 2022
5:00 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
SPECIAL MEETING AGENDA
SPECIAL MEETING AGENDA
MANTECA CITY COUNCIL
AUGUST 29, 2022
5:00 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
FLAG SALUTE: Vice Mayor Halford
AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PUBLIC COMMENT:
Public comment is limited to only those items listed on this agenda. Government Code Section 54954.3(a) B. DISCUSSION ITEMS:
Approve an Agreement with His Way Recovery House, Inc. starting September 1, 2022 through June 30, 2023 for the operation of the Unsheltered Emergency Center in an amount not-to-exceed $777,616 and authorize the Mayor or designee to sign the agreement.
B.1. 22-463
CITY COUNCIL SPECIAL MEETING AGENDA August 29, 2022
Attachment 1 - Professional Services Agreement
Attachment 2 - Insurance
Attachments:
Establish a City Council Ad Hoc Boards and Commissions Committee and appoint two Councilmembers to serve on the Committee.
B.2. 22-465
C. CLOSED SESSION:
CONFERENCE WITH LABOR NEGOTIATORS (Government Code
Section 54957.6): City designated representatives: Toni Lundgren, Interim City Manager, Jose Jasso, Interim Assistant City Manager, and Dawn Cortesi, Interim Director of Human Resources. Employee Organizations:
Manteca Police Officers’ Association, Manteca Police Employee’s Association, Manteca Firefighters IAFF Local 1874, Operating Engineers Local Union No. 3 (OE3), Manteca Technical and Support Services Association, Manteca Mid-Manager Association, and Manteca Public Safety Management Association.
C.1. 22-457
CONFERENCE WITH LEGAL COUNSEL - ANITICAPTED LITIGATION - (Government section 54956.9(d)(2)) - Facts and circumstances that might result in litigation against the City, but which the City believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (Government Code 54956.9(e)(1)).
C.2. 22-458
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -
(Government Code section 54956.9(d)(1)) - City of Manteca v. Lei Ann Larson et al., STK-CV-UCP-2022-0006590 (County of San Joaquin Superior Court).
C.3. 22-459
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - (Government Code section 54956.9(d)(4)) - Number of Cases: 1 - Based on existing facts and circumstances, the City is deciding whether to initiate litigation.
C.4. 22-460
PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: Titles: City Manager.
C.5. 22-461
D. REPORT ON ACTION TAKEN IN CLOSED SESSION: City Attorney E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
CITY COUNCIL SPECIAL MEETING AGENDA August 29, 2022
The next regularly scheduled City Council meeting is Tuesday, September 20, 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, August 25, 2022, by 4:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL SPECIAL MEETING AGENDA August 29, 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 SPECIAL MEETING AGENDA August 29, 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.