City Council and Concurrent Authorities

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, May 12, 2020 4:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:30 PM :: Regular Session 5:30 PM During this time of local health concerns, the City of Stockton is following the guidelines as stated by the State of California Executive Order N-29-20 and N-33-20. Due to these concerns, public comment(s) are temporarily limited to electronic participation. 1. You are strongly encouraged to observe the live stream of the City Council meetings at http://www.stocktongov.com/government/oMeetings/councilMeetings.html 2. eComment - click https://stockton.granicusideas.com/meetings to submit eComment(s) prior to, and during, the meeting. New users, follow the instructions to create an account. Note: eComments during the meeting, click the "Past" tab. 3. If you wish to make a comment after the meeting has begun, please submit your comment via email to the City Clerk at City.Clerk@stocktonca.gov or call (209) 937-8459. Your comment will be shared with the City Council and placed into the record at the City Council meeting. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-6574 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Five Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00277662) City of Stockton Page 1 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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. CIV.S-02-0065 LKK JFM) Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 20-6576 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: Agency Designated Representative: City Manager Harry Black 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 20-6578 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 20-6580 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION City of Stockton Page 2 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(b). 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 11. CONSENT AGENDA 11.1 20-6456 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED MARCH 31, 2020 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended March 31, 2020. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report Attachment B - Certification of Quarterly Investment Report 11.2 20-6496 AWARD CONTRACT FOR GENERAL AUCTION SERVICES City of Stockton Page 3 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the sale of City surplus personal property through First Capitol Auction, Inc. of Vallejo, CA. 2. Authorize the City Manager to execute a five-year Standard Agreement between the City of Stockton and First Capitol Auction, Inc. of Vallejo, CA. 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 motion. Department: Administrative Services Attachments: Attachment A - First Capitol Auction Agreement Attachment B - First Capitol Auction Fee Schedule 11.3 20-6403 AUTHORIZE THE CITY MANAGER TO APPROVE A CONTRACT WITH SEDGWICK ADMINISTRATORS (SEDGWICK) AS THIRD-PARTY ADMINISTRATOR (TPA) FOR THE CITY’S SELF-INSURED WORKERS’ GENERAL LIABILITY PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to execute a contract agreement with Sedgwick for services as the TPA for the City's self-funded General Liability Program. It is further recommended that this motion authorize the City Manager to take all necessary and appropriate action to carry out the purpose and intent of this agreement. Department: Human Resources Attachments: Attachment A - Sedgwick Agreement Attachment B - Sedgwick Agreement Scope 11.4 20-6411 AWARD A CONSTRUCTION CONTRACT TO GOLDEN BAY FENCE PLUS IRON WORKS, INC. FOR THE 14 MILE SLOUGH RESERVOIR SITE FENCING AND AMEND THE FISCAL YEAR 2019-20 ANNUAL BUDGET City of Stockton Page 4 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the filing of Notice of Exemption No. NOE14-20 under the California Environmental Quality Act (CEQA) for the 14 Mile Slough Reservoir Site Fencing, Project No. M07033 (Exhibit 1 to the Resolution). 2. Approve the project plans and specifications for the 14 Mile Slough Reservoir Site Fencing, Project No. M07033. 3. Amend the Fiscal Year 2019-20 Annual Budget to appropriate $49,791 from the Water Utility Fund Balance Account No. 421-0000-287 to the Municipal Water Utility - Capital Improvement Program Water Well/Reservoir Site Improvement Account No. 427-7620-670, CIP No. M07033, for the 14 Mile Slough Reservoir Site Fencing, Project No. M07033. 4. Award a $302,431 Construction Contract to Golden Bay Fence Plus Iron Works, Inc., of Stockton, California, for the 14 Mile Slough Reservoir Site Fencing, Project No. M07033 (Exhibit 2 to the Resolution). 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: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - NOE Exhibit 2 - Contract 11.5 20-6416 AWARD A CONSTRUCTION CONTRACT TO MAGGIORA BROS. DRILLING INC. FOR THE ABANDONMENT OF WATER WELLS NO. 1, 9, 11 AND 16 AND AMEND THE FISCAL YEAR 2019-20 ANNUAL BUDGET City of Stockton Page 5 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the filing of Notice of Exemption No. NOE12-20 under the California Environmental Quality Act (CEQA) for the Abandonment of Water Wells No. 1, 9, 11 and 16, Project No. M18004 (Exhibit 1 to the Resolution). 2. Approve the project plans and specifications for the Abandonment of Water Wells No. 1, 9, 11 and 16, Project No. M18004. 3. Amend the Fiscal Year 2019-20 Annual Budget to appropriate $311,500 from the Water Utility Fund Balance Account No. 421-0000-287 to the Municipal Water Supply - Capital Improvement Program - Wells Abandonment, Account No. 427-7617-670 for the Abandonment of Water Wells No. 1, 9, 11 and 16, Project No. M18004. 4. Award a Construction Contract in the amount of $484,899 to Maggiora Bros. Drilling, Inc. of Watsonville, CA, for the Abandonment of Water Wells No. 1, 9, 11 and 16, Project No. M18004 (Exhibit 2 to the Resolution). It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - NOE Exhibit 2 - Contract 11.6 20-6420 APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH PUMP REPAIR SERVICE COMPANY TO REPLACE WELL 10R PUMP WORKS AND AMEND THE FISCAL YEAR 2019-20 ANNUAL BUDGET Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Amend the Fiscal Year 2019-20 Annual Budget to appropriate funds in the amount of $266,554 from the Water Utility Fund Balance account (421-0000-287) to the Water Well Production Capital Outlay account (421-4235-606). 2. Approve a Professional Services Agreement in the amount of $266,553.41 with Pump Repair Service Company to provide and install a submersible pump and motor for Well 10R. It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities City of Stockton Page 6 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Bid Abstract Attachment B - Proposal Proposed Resolution Exhibit 1 - Contract 11.7 20-6422 APPROVE CONTRACT WITH SNF POLYDYNE, INC. OF RICEBORO, GEORGIA, FOR THE PURCHASE OF POLYMERS FOR WASTEWATER TREATMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a contract with SNF Polydyne, Inc. of Riceboro, GA, in the not-to-exceed amount of $1,650,000, for the purchase of polymer for Wastewater Treatment (PUR 19-043). Department: Municipal Utilities Attachments: Attachment A - Contract with SNF Polydyne 11.8 20-6428 AWARD A CONSTRUCTION CONTRACT TO GSE CONSTRUCTION COMPANY INC. FOR THE NORTH STOCKTON PIPELINE SODIUM HYPOCHLORITE SYSTEM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the filing of Notice of Exemption No. NOE11-20 under the California Environmental Quality Act (CEQA) for the North Stockton Pipeline Sodium Hypochlorite Injection System, Project No. M17012 (Exhibit 1 to the Resolution). 2. Approve the project plans and specifications for the North Stockton Pipeline Sodium Hypochlorite Injection System, Project No. M17012. 3. Award a Construction Contract in the amount of $1,319,500 to GSE Construction Company Inc., of Livermore, California, for the North Stockton Pipeline Sodium Hypochlorite Injection System, Project No. M17012 (Exhibit 2 to the Resolution). 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: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - NOE Exhibit 2 - Contract 11.9 20-6304 PROFESSIONAL SERVICES CONTRACT FOR THE RAISED City of Stockton Page 7 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEDIAN AT EL DORADO STREET Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $90,600, for design of the Raised Median at El Dorado Street, Project No. PW1718/Federal Project No. HRRRL-5008(163). 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 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 motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 11.10 20-6348 APPROVE RESOLUTION TO AUTHORIZE THE 2019-20 LOCAL STREET RESURFACING - CRACK SEALING PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE04-20 under the California Environmental Quality Act for the 2019-20 Local Street Resurfacing - Crack Sealing, Project No. PW1914. 2. Approve the plans and specifications for the 2019-20 Local Street Resurfacing - Crack Sealing, Project No. PW1914. 3. Award a Construction Contract in the amount of $348,900 to Graham Contractors, Inc. of San Jose, CA, for the 2019-20 Local Street Resurfacing - Crack Sealing, Project No. PW1914. 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: Attachment A - Project Location Map Proposed Resolution Exhibit 1 - NOE04-20 Exhibit 2 - Contract with Graham Contractors, Inc. City of Stockton Page 8 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.11 20-6382 AUTHORIZE THE PERSHING AVENUE SEWER TRUNK LINE REHABILITATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. CE026-18 under the California Environmental Quality Act for the Pershing Avenue Sewer Trunk Line Rehabilitation, Project No. M16003. 2. Approve the plans and specifications for the Pershing Avenue Sewer Trunk Line Rehabilitation, Project No. M16003. 3. Transfer funds in the amount of $989,244 from the Wastewater Utility fund balance (431-0000-287) to the Wastewater/Sanitary Sewer Deficiency Improvements (437-7787-670) for the Pershing Avenue Sewer Trunk Line Rehabilitation, Project No. M16003. 4. Award a Construction Contract in the amount of $1,969,630 to California Trenchless Inc. of Hayward, CA, for the Pershing Avenue Sewer Trunk Line Rehabilitation, Project No. M16003. It is 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: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - Notice of Exemption CE026-18 Exhibit 2 - Construction Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 20-6418 ORDINANCE AMENDING TITLE 5, CHAPTER 5.98.020 RELATED TO THE CANNABIS REGULATORY PROGRAM’S WORKFORCE DIVERSITY PROGRAM City of Stockton Page 9 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt the proposed ordinance amending the Stockton Municipal Code, Title 5, Chapter 5.98, Section 5.98.020, related to the City of Stockton Cannabis Regulatory Program's Workforce Diversity Program 2. Select Cannabis Regulatory Program's Workforce Diversity Program Eligibility Map Option 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this ordinance Department: Community Development Attachments: Attachment A - Proposed Ordinance (redlines) Attachment B - Kelley Dr Neighborhood Option 1 Attachment C - Kelley Dr Neighborhood Option 2 Proposed Ordinance - Workforce Diversity Program 14.2 20-6474 AMEND TITLE 15 OF THE STOCKTON MUNICIPAL CODE TO ADOPT THE 2019 CALIFORNIA CODE OF REGULATIONS, TITLE 24 APPENDICES RELATED TO EMERGENCY HOUSING Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an ordinance amending Title 15 of the Stockton Municipal Code (SMC), Sections 15.08.010 and 15.10.010 to incorporate Appendix O of the 2019 Edition of the California Building Code and Appendix X of the 2019 Edition of the California Residential Code related to Emergency Housing structures and facilities. Department: Community Development Attachments: Attach A - CBC Appendix O - Emergency Housing Attach B - CRC Appendix X - Emergency Housing Attach C - Proposed Ordinance - Redline Attach D - Emergency Housing Map Proposed Ordinance - Amend SMC Title 15 14.3 20-6421 AMENDMENT TO THE ASM (SMG) OPERATING AGREEMENT AND INCREASE APPROVED FISCAL YEAR 2019/20 VENUES FUND OPERATING BUDGET City of Stockton Page 10 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1) Authorize the City Manager to execute an Amendment to the Agreement with ASM Global (C-11-093 NP, resolution 11-0022) including $1.26 million in contribution from ASM to the Venue operation over the next six years and including an additional 2-year extension option through June 2033. 2) Authorize a $550,000 transfer and associated budget appropriation from the General Fund to the Entertainment Venues Fund. 3) Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Resolution 2019-11-05-1401 Attachment B - Resolution Reso 11-0022 Proposed Resolution - ASM 2nd Amendment Exhibit 1 - Second Amendment 15. HEARINGS** 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. CITY MANAGER'S COVID-19 UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT 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 May 5, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 5/5/2020 City Council/Successor Agency to Meeting Agenda - Final May 12, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent *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. City of Stockton Page 12 Printed on 5/5/2020