City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - - Revised 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, August 11, 2020 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM :: Regular Session 5:30 PM During this time of local health concerns, City Hall has limited socially-distanced seating available to the public. Due to these concerns, you are strongly encouraged to watch the meeting online and you can submit your public comments electronically. 1. You can view the live meeting at http://www.stocktongov.com/government/oMeetings/ councilMeetings.html or cable tv Channel 97. 2. eComment - click https://stockton.granicusideas.com/meetings to submit an eComment(s). Only one comment per agenda item, per person will be read into the record. 3. Email – City.Clerk@stocktonca.gov if you prefer to email your comments in. Only one comment per agenda item, per person will be read into the record. 4. Public comment voicemail - (209) 937-8459 if you wish to leave your public comment in the form of a voicemail, it will be transcribed and emailed to the City Clerk. Only one comment per agenda item, per person will be read into the record. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-6887 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Three Name of Case: L.F., a minor et al. v. City of Stockton (United States District Court, Eastern District Case No. 2:17-CV-01648-KJM-DB) City of Stockton Page 1 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Name of Case: City of Stockton v. San Joaquin County Emergency Medical Services Agency (San Joaquin County Superior Court Case No. STK-CV-UWM-2020-04909) Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 20-6888 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 20-6889 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 20-6768 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Recommended Action: 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 City of Stockton Page 2 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 20-6944 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the special City Council meeting of December 19, 2019 and the City Council meetings of January 14, 2020, February 4, 2020, and April 28, 2020. Department: City Clerk Attachments: Attachment A - 2019-12-19 Minutes for Approval - Special Attachment B - 2020-01-14 Minutes for Approval Attachment C - 2020-02-04 Minutes for Approval Attachment D - 2020-04-28 Minutes for Approval 11.2 20-6878 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2020 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended June 30, 2020. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report - 6-30-2020 Attachment B - Certification of Quarterly Investment Report 11.3 20-6850 RESOLUTION EXEMPTING THE CITY OF STOCKTON FROM THE STATE-MANDATED CONGESTION MANAGEMENT PROGRAM City of Stockton Page 3 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Electing to exempt the City of Stockton from the State-mandated Congestion Management Program in conjunction with the San Joaquin Council of Governments' collective effort to achieve Countywide exemption in accordance with California Government Code Section 65088.3. 2. Finding that the proposed action is exempt from the California Environmental Quality Act under section 15061(b)(3). It is further 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 - SJCOG Letter to Jurisdictions Proposed Resolution - CMP Opt Out 11.4 20-6610 ACQUISITION OF FEE INTEREST IN 759 WEST YETTNER ROAD FOR MUNICIPAL UTILITIES WATER LINE EASEMENT FOR VETERANS AFFAIRS MEDICAL FACILITY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1) Authorizing the acquisition of 759 West Yettner Road, an undeveloped 1.93-acre parcel adjacent to Municipal Utilities Department's (MUD) Weston Ranch Water Reservoirs south of French Camp Road, to facilitate the water utility services extension to the nearby U.S. Department of Veterans Affairs (VA) Medical Facility and for future operational use by MUD; and 2) 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 - VA Facilities Map Attachment B - Vicinity Map Attachment C - Aerial Map Proposed Resolution - Acquisition 759 W Yettner Exhibit 1 - Purchase Agreement 11.5 20-6778 APPROVE MOTION TO ENTER INTO A NEW CONTRACT WITH APPLIED OFFICE FOR A THREE-YEAR CONTRACT FOR IT COMPUTER TRAINING SERVICES City of Stockton Page 4 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 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. Award a Professional Services Contract to Applied Office for a term of three-years with the option of two one-year renewals for City-wide computer training services. The total contract amount is $135,000 for the first three-years with two optional renewals estimated at $45,000 per year; 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and 3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Information Technology Attachments: Attachment A - Applied Office Proposal to PUR 20-010 Attachment B - Applied Office Executed Contract Package Attachment C - Applied Office Fee Schedule to PUR 20-010 11.6 20-6874 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 $457,500 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution: 1. Authorizing 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 $457,500; 2. Authorizing the City Manager to execute Grant Agreement PT21067 (Exhibit 1 to the Proposed Resolution) and all related documents, to carry out the purpose and intent of the grant award; 3. Amending the Fiscal Year (FY) 2020-21 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $457,500; 4. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Police Attachments: Proposed Resolution - 2021 OTS STEP Grant Exhibit 1 - 2021 OTS STEP Grant Agreement PT21067 11.7 20-6849 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM - SLURRY SEAL, PROJECT NO. City of Stockton Page 5 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent PW1914 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE33-20 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2019-20 SB1 - Slurry Seal, Project No. PW1914. 2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2019-20 SB1 - Slurry Seal, Project No. PW1914. 3. Award a Construction Contract in the amount of $608,608 to Intermountain Slurry Seal, Inc., of Reno, NV, for the Local Street Resurfacing Program FY 2019-20 SB1 - Slurry Seal, Project No. PW1914. 4. Reallocate available balance, not to exceed $172,000, from the Local Street Resurfacing Program FY 2018-19 SB1, Project No. PW1814 (030-3079-640) to the Local Street Resurfacing Program FY 2019-20 SB1 - Slurry Seal, Project No. PW1914 (030-3079-640). 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 - Vicinity Map Proposed Resolution Exhibit 1 - NOE33-20 Exhibit 2 - Construction Contract 11.8 20-6685 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR PERSHING AVENUE SEWER TRUNK (CHURCH STREET TO NAVY DRIVE) PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to West Yost Associates, of Davis, CA, in the amount of $449,465 for design of the Pershing Avenue Sewer Trunk (Church Street to Navy Drive), Project No. M17023. 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 City of Stockton Page 6 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract - M17023 11.9 20-6760 REJECT BIDS FOR THE INSTALLATION AND UPGRADE OF BICYCLE FACILITIES (CLASS II AND CLASS III) PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting all bids received for the construction of the Installation and Upgrade of Bicycle Facilities (Class II and Class III), Project No. PW1517, pursuant to Stockton Municipal Code section 3.68.160(B). 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 11.10 20-6461 EASEMENT GRANT AND MEMORANDUM OF UNDERSTANDING WITH THE SAN JOAQUIN AREA FLOOD CONTROL AGENCY FOR THE SMITH CANAL GATE PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Grant easements from parcel APN 133-060-010 to the San Joaquin Area Flood Control Agency and the Sacramento and San Joaquin Drainage District for the construction and maintenance of the Smith Canal Gate project. 2. Execute a Memorandum of Understanding with the San Joaquin Area Flood Control Agency to formalize general conditions for the granted easement. 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 - FEMA Effective FIRM 10-16-09 Attachment B - CEQA Docs - Smith Canal Gate Project Attachment C - Project Overview Attachment D - Legal Descriptions and Plalts Proposed Resolution - Grant and MOU with SJAFCA Exhibit 1 - City-SJAFCA Easement Deed Exhibit 2 - MOU - SJAFCA and City - Smith Canal City of Stockton Page 7 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.11 20-6539 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE MINER AVENUE COMPLETE STREET IMPROVEMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Salaber Associates, Inc., of Rancho Cordova, CA, in the amount of $1,706,570, for construction management services for the Miner Avenue Complete Street Improvements, Project No. PW1732. 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 - Vicinity Map Attachment B - Contract - Salaber Associates - PW1732 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 20-6779 ADOPT RESOLUTION AUTHORIZING AN INITIAL ISSUANCE OF SPECIAL TAX BONDS TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF STOCKTON COMMUNITY FACILITIES DISTRICT NO. 2018-2 (WESTLAKE VILLAGES II), APPROVE AND DIRECT THE EXECUTION OF A FISCAL AGENT AGREEMENT, APPROVING THE FORM OF PRELIMINARY OFFICIAL STATEMENT, APPROVE SALE OF SUCH BONDS, AND APPROVE OTHER RELATED DOCUMENTS AND ACTIONS Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to authorize the issuance and sale of Special Tax Bonds, payable from Special Taxes, for and on behalf of the City of Stockton Community Facilities District No. 2018-2 (Westlake Villages II) in the estimated amount of $9,300,000 (not-to-exceed $9,630,000), and directing the execution of a Fiscal Agent agreement, approving the bond sale, and approving all necessary actions and approving all documents in connection with the issuance. Department: Administrative Services City of Stockton Page 8 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Docs Being Approved & Terms Used Attachment B - Good Faith Estimate Proposed Resolution - Westlake II CFD 2018-2 Exhibit 1 - Fiscal Agt Agmt Westlake II CFD 2018-2 Exhibit 2 - Preliminary Official Statement Exhibit 3 - Bond Purchase Agreement Exhibit 4 - Acquisition Agreement 14.2 20-6870 DESIGNATING VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD OCTOBER 7-9, 2020 Recommended Action: RECOMMENDATION It is recommended that the City Council, by motion action, designate two members to serve as voting delegates representing the City at the League of California Cities Annual Conference to be held October 7-9, 2020, one member as delegate and one member as alternate. Department: City Manager Attachments: Attachment A - 2020 LCC Correspondence 14.3 20-6936 UPDATE FROM THE OFFICE OF PERFORMANCE AND DATA ANALYTICS Recommended Action: RECOMMENDATION No action to be taken. This will be an informal presentation to update Mayor and Council on activities in the Office of Performance and Data Analytics (OPDA). Department: City Manager 14.4 20-6958 AUTHORIZE THE CITY OF STOCKTON, CVLIHC AND STAND TO SUBMIT A JOINT APPLICATION FOR GRANT FUNDING UNDER PROJECT HOMEKEY FOR THE ACQUISITION, REHABILITATION AND ON-GOING MANAGEMENT OF RELAX INN (TOWN CENTER STUDIOS) City of Stockton Page 9 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 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 and authorize the submission of a joint application, submitted by the City of Stockton, in conjunction with Central Valley Low Income Housing Corp. (CVLIHC) and Stocktonians Taking Action to Neutralize Drugs (STAND) (together referred to as Co-Applicant), to the California Department of Housing and Community Development (HCD), in order to apply for up to $3.9 million of Project Homekey grant money for the acquisition, rehabilitation and ongoing operation of Relax Inn (Town Center Studios) located at 1604 N. Wilson Way. 2. If the application is approved, authorize and direct Co-Applicant to ensure that any funds awarded for capital expenditures are spent by December 30, 2020, and that any funds awarded for capitalized operating subsidies are spent by June 30, 2022. 3. If the application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $3,900,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the HCD and to participate in the Homekey Program, and all amendments thereto (collectively, the "Homekey Documents"). 4. The City Manager is hereby authorized to execute the Application and all necessary Homekey Documents on behalf of Co-Applicant for participation in the Homekey Program. 5. If grant funds are awarded, revenue and expenditure budget appropriations in the amount of the award are authorized. It is further recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution and authorize the City Manager to approve additional Project Homekey applications as projects develop prior to the application deadline. Department: Economic Development Attachments: Proposed Resolution - Project Homekey Joint Application Note: this item added to agenda 2020-08-07 by Economic Development Department 15. HEARINGS** 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. CITY MANAGER'S COVID-19 UPDATE 18. COUNCIL COMMENTS City of Stockton Page 10 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 August 7, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 8/7/2020 City Council/Successor Agency to Meeting Agenda - - Revised August 11, 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 8/7/2020