1001 W. Center Street,
Manteca, CA 95337
www.mantecagov.com
City Hall Council Chambers
FOR THE CITY COUNCIL OF THE CITY OF MANTECA
Tuesday, October 18, 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
OCTOBER 18, 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: Cecily Ballungay, HOPE Ministries AGENDA REVIEW AND SUPPLEMENTAL REPORTS: City Clerk
A. PUBLIC COMMENT:
B. CONSENT ITEMS:
City Manager:
Adopt a resolution continuing the Proclamation of Local Emergency in response to the Coronavirus (COVID-19).
B.1. 22-534
Attachments: Attachment 1 - Resolution
Development Services:
CITY COUNCIL REGULAR MEETING AGENDA October 18, 2022
Adopt a resolution approving the 2023 development fee schedule adjustment to the San Joaquin County Multi-Species Habitat Conservation Plan Pursuant to Section 13.40.020.B. of the Manteca Municipal Code.
B.2. 22-471
Attachment 1 - Resolution
Attachment 2 - SJCOG Board Staff Report
Attachment 3 - 2023 San Joaquin County Multi-Species Conservation Plan Fee Model Attachment 4 - San Joaquin County Multi-Species Conservation Plan 2023 Fees and Endowments Attachments:
Engineering:
Adopt a resolution accepting the improvement work included in the Mayors Park Subdivision Pavement Project (CIP No. 18038) as complete; authorize the City Clerk to file a Notice of Completion; and approve all remaining budget appropriations to be disencumbered.
B.3. 22-521
Attachment 1 - Resolution
Attachment 2 - Notice Of Completion
Attachment 3 - Payment Certification
Attachment 4 - Location Maps
Attachments:
Human Resources:
B.4. 22-539 Approve Revised Citywide Rule 8.04.
Attachments: Attachment 1 - Redlined Rules and Regs
Legislative Services/City Clerk:
Waive the second reading by substitution of the title and adopt an ordinance of the City of Manteca, State of California, amending Ordinance No. 1501, the zoning ordinance, as amended, a zoning map change for the Manteca Marriott Courtyard project (REZ-22-21).
B.5. 22-535
Attachments: Attachment 1 - Ordinance
B.6. 22-536 Approval of the October 4, 2022, Special and Regular Meeting Minutes.
Attachment 1 - Special Meeting Minutes October 4, 2022
Attachment 2 - Regular Meeting Minutes October 4, 2022
Attachments:
Police Department:
Adopt a resolution accepting a partnership with and grant from Best Friends Animal Society in the amount of $40,000, which will be received in three installments and approve a budget appropriation of $40,000 to revenue General Fund (Account No. 100.11.10.270-4850.05) and a budget appropriation $40,000 to the special supplies account General Fund B.7. 22-525
CITY COUNCIL REGULAR MEETING AGENDA October 18, 2022
(Account No. 100.11.10.270-6200.02) for the Animal Control Division.
Attachments: Attachment 1 - Resolution
Public Works:
Adopt a resolution approving Capital Improvement Project amendments and budget and appropriations in the total amount of $256,000 from the General Fund Assigned Capital Facilities reserves (as listed in the Fiscal Impact Section) and approving Change Order No. 5 to Contract with JHK Construction for the construction of CDBG Senior Center Improvements - Phase 2 (CIP numbers 18049 and 20012) increasing the contract amount by $21,668.32 for a total dollar amount of $1,194,764.42 and authorizing City Manager to sign the change order; accept the improvements as complete; and authorize the City Clerk to sign and file a notice of Completion with the County Clerk.
B.8. 22-514
Attachment 1 - Resolution
Attachment 2 - Change Order 05 - Senior Center -Phase 2 - 2022-09-20 Attachment 3 - Notice Of Completion - JHK Construction - 2022-09-20 Attachment 4 - Final Payment Certification-JHK Construction Attachments:
Adopt a resolution approving a Five-year agreement with ETA Transit Systems, in the amount not-to-exceed $191,997 to provide an Intelligent Transportation System (ITS) to City of Manteca Transit and authorizing the City Manager to sign all necessary documents.
B.9. 22-516
Attachment 1 - Resolution
Attachment 2 - Agreement
Attachment 3 - ITS RFP
Attachment 4 - ETA Transit Systems, Inc. Proposal
Attachment 5 - Swiftly, Inc. Proposal
Attachments:
C. PUBLIC HEARINGS:
Adopt a resolution adopting the Dutra Annexation IS/MND and Mitigation Monitoring and Reporting Program; adopt a resolution approving the annexation of 39.51 acres of land known as the Dutra Annexation Project area and authorize staff to apply for annexation to LAFCo; 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, amending the zoning map to approve a pre-zone for the Dutra Annexation zoProject (File No.
PRZ21-056); and adopt a resolution approving a Tentative Subdivision Map for the 197 unit Dutra Tentative Subdivision Project (File Nos.
GPA22-060, SPP22-061, and SDJ21-44; SCH 2022070278).
C.1. 22-513
CITY COUNCIL REGULAR MEETING AGENDA October 18, 2022
Attachment 1 - Resolution- IS/MND Adoption
Attachment 2 - Exhibit A to Resolution- Response to Comments Attachment 3 - Exhibit B to Resolution- MMRP
Attachment 4 - Resolution- Annexation
Attachment 5 - Exhibit A to Resolution- Legal Description Attachment 6 - Ordinance- Prezoning
Attachment 7 - Exhibit A to Ordinance- Zoning Map
Attachment 8 - Resolution- Tentative Map
Attachment 9 - Exhibit A to Resolution- Tentative Subdivision Map Attachment 10- Exhibit B to Resolution- Conditions of Approval Attachment 11- Planning Commission Staff Report and Attachments Attachment 12- Fiscal Analysis
Attachment 13- PowerPoint PPT
Attachment 14 - IS/MND Comments and Responses
Attachments:
**Previously Noticed to be heard; will be heard at a future City Council Meeting.**
Adopt a resolution adopting the Yosemite Square 2022 IS/MND and Mitigation Monitoring and Reporting Program, approving a General Plan Amendment, and approving a Tentative Subdivision Map for the 814 unit Yosemite Square Tentative Subdivision Project; and waive the first reading by substitution of the title and introduce and adopt an ordinance approving the Yosemite Square Master Plan Rezoning for the project site (File No.
GPA22-060, SPP22-061, and SDJ21-44).
C.2. 22-544
D. DISCUSSION ITEMS:
D.1. 22-449 Animal Shelter presentation and provide staff direction.
Attachments: Attachment 1 - Animal Shelter Presentation E. CITY MANAGER COMMENTS:
F. COUNCIL COMMENTS:
G. ADJOURNMENT:
The next regularly scheduled City Council meeting is Tuesday, November 1, 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, October 13, 2022, by 5:00 p.m. /s/ Cassandra Candini-Tilton
____________________________________________
CASSANDRA CANDINI-TILTON
DIRECTOR OF LEGISLATIVE SERVICES / CITY CLERK
CITY COUNCIL REGULAR MEETING AGENDA October 18, 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 October 18, 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.