City Council and Concurrent Authorities
Regular MeetingStockton, CA · October 8, 2019
Agenda
City Council/Successor
City of Stockton Agency of the
Redevelopment
Agency/Public Financing
Meeting Agenda - Final Authority/Parking Authority
Concurrent Agenda
City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
Michael D. Tubbs Mayor/Chair
Daniel R. Wright Vice Mayor/Vice Chair (District 2)
Sol Jobrack (District 1)
Paul Canepa (District 3)
Susan Lenz (District 4)
Christina Fugazi (District 5)
Jesus M. Andrade (District 6)
Tuesday, October 8, 2019 4:00 PM Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Closed Session 4:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 19-5906 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Seven
Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin
County Superior Court Case No.
39-2012-00277662)
Name of Case: Wells Fargo Bank, National Association, as
Indenture Trustee v. City of Stockton (San Joaquin
County Superior Court Case No.
39-2012-00280741)
Name of Case: In re City of Stockton, California - Debtor (United
States Bankruptcy Court, Eastern District of
California Case No. 2012-32118)
Name of Case: Richard Price, et al. v. City of Stockton,
Redevelopment Agency, et al. (United States
District Court, Eastern District Case No.
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CIV.S-02-0065 LKK JFM)
Name of Case: Joseph Lee Green, et al. v. City of Stockton (San
Joaquin County Superior Court Case No.
STK-CV-UPI-2011-0014340)
Name of Case: Dionne Smith-Downs, et al. v. City of Stockton,
Redevelopment Agency, et al. (United States
District Court, Eastern District Case No.
2:10-CV-02495 CKD)
Name of Case: Samnang Ven (Workers’ Compensation Appeals
Board, Case No. ADJ 11112637)
This Closed Session is authorized pursuant to section 54956.9(a)
of the Government Code.
Department: City Attorney
3.2 19-5907 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Interim City Manager Laurie
Montes
Employee Organizations: Unrepresented Units, Stockton City Employees'
Association, Operating Engineer's Local 3, Mid-Management/Supervisory
Level Unit, Unrepresented Management/Confidential, Law Department,
Stockton Police Management Association, Stockton Firefighters Local 456
International Association of Firefighters, Stockton Fire Management,
Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to Section 54957.6(a) of the
Government Code.
Department: City Attorney
3.3 19-5908 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYEE EVALUATION OF
PERFORMANCE, DISCIPLINE, OR DISMISSAL:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.4 19-5911 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Number of Cases: Two
Based on existing facts and circumstances, there is significant exposure to
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litigation pursuant to Government Code section 54956.9(b).
Department: City Attorney
3.5 19-5936 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Recommended Action: Number of Parcels: One
Address: 759 W. Yettner Road Stockton, California
APN: 193-060-50
Owner: William Lyon Co.
Agency Negotiators: Laurie Montes, Interim City Manager
Under Negotiation: Price and Terms
This Closed Session is authorized pursuant to section 54956.8 of the
Government Code.
Department: City Attorney
4. PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10. 1 19-5897 PROCLAMATION: COMMUNITY PLANNING MONTH
Recommended Action: RECOMMENDATION
Designating October as Community Planning Month
Accepting: David Kwong, Community Development Department Director
Department: Community Development
10. 2 19-5949 PROCLAMATION: CODE ENFORCEMENT OFFICER
APPRECIATION WEEK
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Recommended Action: RECOMMENDATION
Designating Code Enforcement Officer Appreciation Week
Accepting: Chief Jones and Alex Martinez, Acting Code Enforcement
Field Manager
Department: Office of the Mayor
10. 3 19-5950 PROCLAMATION: DOMESTIC VIOLENCE AWARENESS MONTH
(DVAM)
Recommended Action: RECOMMENDATION
Designating October Domestic Violence Awareness Month
Accepting: Romero Davis, Women's Center Youth and Family Services
(WCYFS) Sexual Assault/Domestic Violence Program Manager
Department: Office of the Mayor
11. CONSENT AGENDA
11.1 19-5433 NOMINEES FOR THE CALIFORNIA CORRECTIONAL HEALTH
CARE SERVICES FACILITY CITIZENS’ ADVISORY COMMITTEE
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to nominate
Rosie Bachand and Rajan Nathaniel to the California Correctional Health
Care Services Advisory Committee (CAC), for selection by the Warden of
the California Department of Corrections and Rehabilitation (CDCR).
Department: City Clerk
Attachments: Attachment A - Redacted Applications
11.2 19-5919 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the special City Council - San Joaquin County
Board of Supervisors joint meeting of May 30, 2019 and the special City
Council meetings of May 30, 2019 and May 31, 2019.
Department: City Clerk
Attachments: 2019-05-30 - Minutes to Approve - CC-BOS
2019-05-30 - Minutes to Approve
2019-05-31 - Minutes to Approve
11.3 19-5952 APPOINTMENT TO THE COMMUNITY DEVELOPMENT COMMITTEE
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Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt a resolution appointing one
member to the Community Development Committee to represent Council
District 3. The term will commence immediately upon appointment and end
on June 30, 2023.
Department: City Clerk
Attachments: Attachment A - Redacted Application
Proposed Resolution - Appointments to CDC
11.4 19-5552 APPROVE AMENDMENT TO THE PUBLIC FACILITIES FEE
PROGRAM ADMINISTRATIVE GUIDELINES REGARDING
SEPARATION OF FUNDS, TRANSFERS, AND AUDITS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to amend the
Public Facilities Fee (PFF) Program Administrative Guidelines regarding
separation of funds, transfers and audits, to comply with the Settlement
Agreement with the Building Industry Association of the Delta (BIA).
Department: Community Development
Attachments: Attachment A - Settlement Agreement
Attachment B - PFF Administrative Guidelines - Redline version
Proposed Resolution - PFF Admin Guidelines
Exhibit 1 - PFF Administrative Guidelines - Clean Version
11.5 19-5834 FINAL MAP AND SUBDIVISION AGREEMENT FOR HACIENDA
RANCH PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Hacienda Ranch, Tract No. 4014.
2. Authorize the City Manager to execute the subdivision agreement,
accept on behalf of the public all offers of dedication, and record the final
map for Hacienda Ranch, Tract No. 4014.
It is recommended that the City Manager be authorized to take appropriate
and necessary actions to carry out the purpose and intent of the
resolution.
Department: Community Development
Attachments: Attachment A - Vicinity Map
Proposed Resolution - Hacienda Ranch
Exhibit 1 - Subdivision Agreement
Exhibit 2 - Final Map
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11.6 19-5841 DEDICATION OF AN ACCESS EASEMENT ALONG ARCH AIRPORT
ROAD ADJACENT TO FRENCH CAMP SLOUGH
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing a dedication of an access easement on property owned by
the City of Stockton located along Arch Airport Road adjacent to French
Camp Slough; and
2) Authorizing the filing of Notice of Exemption No. NOE29-19 under the
California Environmental Quality Act for the dedication of an undeveloped
parcel adjacent to French Camp Slough; and
3) Authorizing the City Manager, or designee, to take all the necessary
and appropriate actions to carry out the purpose and intent of this
resolution.
Department: Economic Development
Attachments: Attachment A - Vicinity Map
Attachment B - Aerial Map
Proposed Resolution - Arch Airport Road Dedication
Exhibit 1 - Plat
Exhibit 2 - Legal Description
Exhibit 3 - Notice of Exemption
11.7 19-5845 APPROVE A CONTRACT WITH STANTEC TO PREPARE A
BROWNFIELDS SITE REVITALIZATION PROGRAM
Recommended Action: RECOMMENDATION
It is recommended that the City Council by motion:
1. Approve the execution of a contract with Stantec in the amount of
$550,000 to develop a Brownfields Site Revitalization Program.
2. Authorize the City Manager, or designee, to take necessary and
appropriate actions to carry out the purpose and intent of this motion.
Department: Economic Development
Attachments: Attachment A - Notice of Award
Attachment B - Professional Services Agreement - Stantec
Attachment C - Target Area Map
11.8 19-5857 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT NEW
HOGAN LAKE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the filing of Notice of Exemption No. NOE40-19 under the
California Environmental Quality Act (CEQA) for the disposition of real
property located at New Hogan Lake, County of Calaveras, State of
California ("Property"), APN's 046-019-050, 073-042-015 and 050-003-018.
2. Authorizing the disposition of approximately 303-acres located at New
Hogan Lake, County of Calaveras, State of California ("Property"), APN's
046-019-050, 073-042-015 and 050-003-018 to USA Land Company, LLC,
in the amount of $465,000.
3. Authorizing the City Manager, or designee, to execute the Purchase
and Sale Agreement with USA Land Company, LLC.
4. Authorizing the City Manager, or designee, to take all necessary and
appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachments: Attachment A - Vicinity Map
Attachment B - Purchase and Sale Agreement
Attachment C - Resolution 2015-10-06-1203
Attachment D - Resolution SRD 2015-10-06-1203
Proposed Resolution - Hogan Lake - USA Land
Exhibit 1 - Notice of Exemption - New Hogan Lake
Exhibit 2 - Hogan Lake - USA Land Company, LLC
11.9 19-5858 SUMMARY VACATION OF A PORTION OF THREE STREET AND
HIGHWAY EASEMENTS AND RESERVING A PUBLIC UTILITY
EASEMENT AT FRENCH CAMP ROAD AND VAL DERVIN
PARKWAY
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the summary vacation of three street and highway
easements at French Camp Road and Val Dervin Parkway;
2) Authorizing the reservation of public utility easements;
3) Authorizing the filing of a Notice of Exemption No. NOE28-19 under
the California Environmental Quality Act for the vacation of three street and
highway easements at French Camp Road and Val Dervin Parkway; and
4) Authorizing the City Manager, or designee, to take all the necessary
and appropriate actions to carry out the purpose and intent of this
resolution.
Department: Economic Development
Attachments: Attachment A - Vicinity Map
Attachment B - Aerial Map
Proposed Resolution - French Camp and Val Dervin Easements
Exhibit 1 - Parcel A Legal Description
Exhibit 2 - Parcel A Plat
Exhibit 3 - Parcel B Legal Description
Exhibit 4 - Parcel B Plat
Exhibit 5 - Parcel C Legal Description
Exhibit 6 - Parcel C Plat
Exhibit 7 - Notice of Exemption - French Camp - Val Dervin
11.10 19-5868 REQUEST TO AUTHORIZE THE PROCUREMENT OF FIRE AND
SAFETY TOOLS AND EQUIPMENT FROM MUNICIPAL EMERGENCY
SERVICES, INC. THROUGH FIRERESCUE-GROUP PURCHASING
ORGANIZATION
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Adopt findings approving an exception to the competitive bid process
and authorize the City Manager to execute two (2) cooperative agreements
with Municipal Emergency Services (MES) to purchase fire, rescue, safety
and emergency supplies, tools, and equipment for a total amount not to
exceed $477,000 through FireRescue-Group Purchasing Organization
(GPO); and
2. Authorize the City Manager to take appropriate and necessary actions
to carry out the purpose and intent of this motion.
Department: Fire
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Attachments: Attachment A - MES Agreement - Fire Equipment
Attachment B - MES Agreement - SCBA Equipment
11.11 19-5882 AUTHORIZE A FIVE-YEAR CONTRACT WITH AQUA-SCIENCE
COMPANY FOR ANNUAL NPDES EFFLUENT AQUATIC TOXICITY
TESTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code Section
3.68.3070 in support of an exception to the competitive bidding process.
2. Authorize a five-year contract with Aqua-Science Company of Davis,
California, for an amount not to exceed $331,820 over the five-year period
for chronic toxicity testing.
It is recommended that the City Manager be authorized to take appropriate
and necessary actions to carry out the purpose and intent of this motion.
Department: Municipal Utilities
Attachments: Attachment A - Aqua-Science Contract
Attachment B - Aqua-Science Cost Quote
11.12 19-5855 APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE
INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY IN THE AMOUNT OF $450,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to accept a Driving Under the Influence
(DUI) Selective Traffic Enforcement Program (STEP) grant award from the
State of California Office of Traffic Safety (OTS) in the amount of $450,000;
and
2. Authorize the City Manager to execute Grant Agreement PT20125
(Exhibit 1 to the Proposed Resolution) and all related documents to carry
out the purpose and intent of the grant award; and
3. Amend the Fiscal Year (FY) 2019-20 Annual Budget to increase the
Police Grants & Special Programs revenue and expenditure appropriation
by $450,000; and
4. Authorize the City Manager to take appropriate and necessary actions
to carry out the purpose and intent of this resolution.
Department: Police
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Attachments: Proposed Resolution - 2020 OTS STEP Grant
Exhibit 1 - 2020 OTS Grant Agreement PT20125
11.13 19-5835 AUTHORIZE THE WEBER POINT EVENTS CENTER FOUNTAIN
RENOVATION
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE32-19 under the California
Environmental Quality Act for the Weber Point Events Center Fountain
Renovation, Project No. PW1735.
2. Approve the plans and specifications for the Weber Point Events Center
Fountain Renovation, Project No. PW1735.
3. Award a Construction Contract in the amount of $408,698 to USA Pools
of California/USA Management, of San Francisco, CA, for the Weber Point
Events Center Fountain Renovation, Project No. PW1735.
It is also recommended that the City Manager be authorized to take
appropriate and necessary actions to carry out the purpose and intent of
this resolution.
Department: Public Works
Attachments: Proposed Resolution - Weber Point Fountain Renovation
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
11.14 19-5840 REJECT BIDS FOR THE WILSON WAY CORRIDOR
IMPROVEMENTS PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to reject all bids
received for the construction of the Wilson Way Corridor Improvements,
Project No. PW1613, pursuant to Stockton Municipal Code section
3.68.160(B).
It is recommended that the City Manager be authorized to take appropriate
and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachments: Attachment A - Vicinity Map
11.15 19-5759 REJECT BIDS FOR THE POLICE HEADQUARTERS BASEMENT
REMODEL PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Rejecting all bids received for the construction of the Police
Headquarters Basement Remodel, Project No. PW1535, pursuant to
Stockton Municipal Code section 3.68160(B).
It is recommended that the City Manager be authorized to take appropriate
and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
11.16 19-5514 CONTRACT FOR 2019 ON-CALL CONSTRUCTION MANAGEMENT
SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a three-year Professional Services Contract to APSI Construction
Management, of Sacramento, CA, in the not to exceed amount of
$750,000, for 2019 On-Call Construction Management Services, Project
No. SEB-19-005.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070
in support of an exception to the competitive bidding process.
It is recommended that the City Manager be authorized to take appropriate
and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachments: Attachment A - Professional Services Contract
12. ADMINISTRATIVE MATTERS
13. UNFINISHED BUSINESS
14. NEW BUSINESS
14.1 19-5905 APPLY FOR THE BUILDING HOMES AND JOBS ACT (SENATE BILL
2-SB2) PLANNING GRANT PROGRAM
Recommended Action: RECOMMENDATION
Adopt a Resolution authorizing the City Manager or designee to submit an
application for funding under the California Department of Housing and
Community Development SB 2 Planning Grants Program in the amount of
$625,000.
Department: Community Development
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Attachments: Attachment A - SB2 Grant Application Form
Attachment B - General Plan and Housing Element Goals
Proposed Resolution - SB2 Grant Application
14.2 19-5902 TRANSFORMATIVE CLIMATE COMMUNITIES GRANT STATUS
UPDATE AND SUSTAINABLE NEIGHBORHOOD PLAN ADOPTION
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a motion approving the
Sustainable Neighborhood Plan, developed under the Transformative
Climate Communities Planning Grant, which included a 1) Climate
Leadership Forum, 2) Sustainable Neighborhood Plan, and 3) Tree
Census.
Department: Office of the Mayor
Attachments: Attachment A - TCC Sustainable Neighborhood Plan
Attachment B - Resolution 2018-08-21-1111
15. HEARINGS**
15.1 19-5856 PUBLIC HEARING FOR THE PROPOSED USE OF THE 2019
JUSTICE ASSISTANCE GRANT
Recommended Action: RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City
Council adopt a resolution:
1. Accepting the Edward Byrne Memorial Justice Assistance Grant 2019
allocation in the amount of $357,577;
2. Approving Amendment No. 8 to the Interlocal Memorandum of
Understanding between the City of Stockton and County of San Joaquin to
reallocate the 2019 JAG funds;
3. Amending the Fiscal Year 2019-20 Annual Budget to increase the
Police Grants & Special Programs revenue and expenditure appropriation
by $357,577; and
4. Authorizing the City Manager to execute all grant award documents as
required by the U.S. Department of Justice Bureau of Justice Assistance
and accept applicable terms and conditions.
Department: Police
Attachments: Proposed Resolution - 2019 JAG
Exhibit 1 - Amendment No 8 - Interlocal MOU - JAG
16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
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17. COUNCIL COMMENTS
18. ADJOURNMENT
INFORMATIONAL ITEMS
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I
caused this agenda to be posted in the City Hall notice case on October 3, 2019, in
compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the
Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker
is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to
speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the
meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened. If a large number of
people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to
three (3) minutes.
***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present
at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda
that action must be taken and that the item came to the attention of the City subsequent to the agenda being
posted.
All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish
language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to
offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those
with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda
packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the
City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by
calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline
will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are
available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202,
during normal business hours. Such documents are also available on the City's website at www.stocktongov.com
subject to staff's ability to post the documents before the meeting.
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any
quasi-adjudicative decision made by the City 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 the City must be filed no later than the 90th day following the date on
which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will
be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising
only those issues they or someone else raised at the meeting described in this notice, or in written correspondence
delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred
where the interested party has not sought and exhausted all available administrative remedies.
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