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, September 15, 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 20-6926 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four 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) City of Stockton Page 1 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Name of Case: State of California ex rel. OnTheGO Wireless, LLC v. Cellco Partnership d/b/a Verizon Wireless, et al. (Sacramento County Superior Court Case No. 34-2012-00127517) Name of Case: Stockton East Water District, a political subdivision of the State of California v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UOCT-2017-13066) 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 20-6927 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 20-6928 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 20-6988 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: One City of Stockton Page 2 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(c). 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 20-6995 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of December 17, 2019, July 14, 2020, and July 28, 2020. Department: City Clerk Attachments: Attachment A - 2019-12-17 Minutes for Approval Attachment B - 2020-07-14 Minutes for Approval Attachment C - 2020-07-28 Minutes for Approval 11.2 20-6913 ADOPT A RESOLUTION TO APPROVE AUGMENTED STATE CENSUS FUNDING AND AMENDMENT TO THE AGREEMENT WITH EL CONCILIO TO PERFORM ADDITIONAL HARD-TO-COUNT ACTIVITIES FOR THE CITY OF STOCKTON City of Stockton Page 3 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council adopt a Resolution: 1. To accept augmented State Census Funding, increasing the program amount by $98,461, to $422,318; 2. Increase the existing agreement with El Concilio by $97,961 to provide essential support to complete the Census work; and 3. Appropriate revenues and expenditures in the amount of the agreements to the Special Purpose Grant Fund Non-Departmental Budget. It is also recommended that the City Manager be authorized to take actions necessary to carry out the intent of this Resolution. Department: City Manager Attachments: Attachment A - State Contract - California Complete Count 2020 Attachment B - Amended State Contract Attachment C - El Concilio Contract Attachment D - Amended El Concilio Contract Attachment E - Strategic Plan Executive Summary Proposed Resolution - Census 2020 11.3 20-6945 APPROVAL OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT FOR A WATER SUPPLY ASSESSMENT AND FINAL APPROVAL FOR CANCELLATION OF WILLIAMSON ACT CONTRACT FOR THE SANCHEZ-HOGGAN PROJECT (APNS 181-100-09, 179-200-27) (P19-0691) Recommended Action: RECOMMENDATION Staff recommends the City Council: a) Adopt a resolution certifying an Addendum to the Sanchez-Hoggan Project Environmental Impact Report (EIR) #2020020006 pursuant to the California Environmental Quality Act (CEQA) Section 15164 that addresses Water Supply Assessment; and b) Adopt a Resolution approving the Final Williamson Act Contract Cancellation for the Sanchez Parcel (APN 181-100-09) (P19-0691). Department: Community Development Attachments: Attachment A - WA Cancellation Submittal Proposed Resolution - Addendum Exhibit 1- Addendum Exhibit 2- WSA Proposed Resolution - Final WA City of Stockton Page 4 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.4 20-6953 APPROVE A COOPERATIVE PURCHASE AGREEMENT WITH LIFE-ASSIST, INC. THROUGH NATIONAL PURCHASING PARTNERS, LEAGUE OF OREGON CITIES FOR PROCUREMENT OF MEDICAL AND PHARMACEUTICAL SUPPLIES, EQUIPMENT AND RELATED SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute an initial three (3) year cooperative purchase agreement (Attachment A) with Life-Assist, Inc. to purchase medical and pharmaceutical supplies, equipment, and related services through a cooperative contract with National Purchasing Partners, League of Oregon Cities for an initial amount not to exceed $390,000, with three (3) optional one-year renewals for an estimated cost of $130,000 per year; and 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 appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Fire Attachments: Attachment A - Life-Assist, Inc. Cooperative Agreement 11.5 20-7055 TERMINATION OF SAN JOAQUIN COUNTY REGIONAL FIRE DISPATCH AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWER AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to terminate the Amended and Restated Joint Exercise of Power Agreement (JPA) (Exhibit 1 to the Resolution) with the San Joaquin County Regional Fire Dispatch Authority effective June 30, 2021, pending a majority vote of the JPA Board. Alternatively, should either Council or the JPA Board not vote to terminate, the City of Stockton (COS) will issue notice that it desires to withdraw from the JPA and will issue notice to terminate its contracted dispatch services to the JPA members pursuant to the terms of the Amended and Restated Joint Exercise of Power Agreement. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Fire City of Stockton Page 5 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Proposed Resolution - JPA Exhibit 1 - Amended & Restated Joint Exercise of Power Agreement 11.6 20-6922 APPROVE A CONTRACT WITH ALPINE HELICOPTER SERVICE, INC. OF WOODBRIDGE, FOR HELICOPTER AERIAL SPRAYING SERVICES FOR MOSQUITO AND VECTOR CONTROL AT THE REGIONAL WASTEWATER CONTROL FACILITY Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the Specifications and Addenda for Mosquito and Vector Control at the Regional Wastewater Control Facility (PUR 20-008), and 2. Authorize a five-year contract with Alpine Helicopter Service, Inc. of Woodbridge for Helicopter Aerial Spraying Services for Mosquito and Vector Control at the Regional Wastewater Control Facility, for a total not-to-exceed contract amount of $363,000. It is also recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Contract with Alpine Helicopter Service Attachment B - Alpine Helicopter Service Cost Estimate 11.7 20-6908 REJECT ALL BIDS FOR THE THORNTON AND DAVIS ROADS SANITARY SEWER PUMP STATION REHABILITATION AND THE DON AVENUE AND SANTIAGO WAY SANITARY SEWER PUMP STATION REHABILITATION Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to reject all bids received for construction of the Thornton and Davis Roads Sanitary Sewer Pump Station Rehabilitation, Project No. M13009, and the Don Avenue and Santiago Way Sanitary Sewer Pump Station Rehabilitation, Project No. M13010, pursuant to Stockton Municipal Code (SMC) 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: Municipal Utilities 11.8 20-6909 APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR EMERGENCY BYPASS PUMPING AND REPAIR SERVICES FOR SANITARY SEWER MAINTENANCE HOLE AND PIPELINES ALONG City of Stockton Page 6 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MARCH LANE Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to accept findings and ratify the emergency expenditure of $237,174.40 to Rain-for-Rent Inc. of Stockton and Pipe and Plant Solutions Inc. of Oakland, for emergency bypass pumping and repair services for sanitary sewer maintenance hole and pipelines along March Lane. It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 11.9 20-6911 AWARD A PROFESSIONAL SERVICES AGREEMENT TO THE HACH COMPANY FOR WATER UTILITY INSTRUMENTATION SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to award a three-year Professional Services Agreement to the Hach Company of Loveland, CO, in the not-to-exceed amount of $82,145.61 for Water Utility instrumentation services. 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 Attachments: Attachment A - Bid Document - PUR 20-016 Proposed Resolution - Instrumentation Services Exhibit 1 - Contract 11.10 20-6678 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR ON-CALL ENVIRONMENTAL SERVICES FOR THE DOWNTOWN FUEL TANK REMOVAL, LEAK ASSESSMENT PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to AdvancedGeo, Inc., of Stockton, CA, in the amount not to exceed $150,000, for on-call environmental services for the Downtown Fuel Tank Removal, Leak Assessment, Project No. PW1425. 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. City of Stockton Page 7 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 11.11 20-6848 ADOPT RESOLUTION TO AUTHORIZE THE SIDEWALK, CURB, AND GUTTER REPAIR PROGRAM FY 2019-20 SB1 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE23-20 under the California Environmental Quality Act for the Sidewalk, Curb, and Gutter Repair Program FY 2019-20 SB1, Project No. PW1915. 2. Approve the plans and specifications for the Sidewalk, Curb, and Gutter Repair Program FY 2019-20 SB1, Project No. PW1915. 3. Award a Construction Contract in the amount of $1,045,560 to FBD Vanguard Construction, Inc., of Livermore, CA, for the Sidewalk, Curb, and Gutter Repair Program FY 2019-20 SB1, Project No. PW1915. 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 - List of Locations Attachment B - Project Map Proposed Resolution - PW1915 Exhibit 1 - NOE23-20 Exhibit 2 - Construction Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 20-6993 ADOPT RESOLUTION TO AWARD CONTRACT FOR COMMUNITY CHOICE AGGREGATION FEASIBILITY STUDY City of Stockton Page 8 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 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 award a contract to MRW & Associates, LLC, in the amount of $92,750.00 to complete a community choice aggregation (CCA) feasibility study. 2. Approve findings pursuant to Stockton Municipal Code Section 3.68.070(A)(3) in support of an exception to the competitive bidding process. It is also recommended that the resolution authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: City Manager Attachments: Attachment A - CCA Feasibility Study Agreement Proposed Resolution - Community Choice Aggregation Feasibility Study 14.2 20-6976 UPDATE FROM THE HOMELESS OUTREACH TRAINING (HOT) TEAM Recommended Action: RECOMMENDATION No action to be taken. Department: Fire 14.3 20-6866 APPROVE A MOTION TO ADOPT THE 2020 STATE AND FEDERAL LEGISLATIVE PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the 2020 State and Federal Legislative Programs and authorize the City Manager to pursue the objectives outlined in these Programs through advocacy efforts in Sacramento and Washington, D.C. Department: City Manager Attachments: Attachment A - 2020 State Legislative Program - Redline Attachment B - 2020 State Legislative Program - Final Attachment C - 2020 Federal Legislative Program - Redline Attachment D - 2020 Federal Legislative Program - Final 15. HEARINGS** 15.1 19-5904 ADOPTION OF AN ORDINANCE THAT MEETS OBJECTIVE 1 IN THE FOOD AND AGRICULTURE ACTION PLAN WITH THE CREATION OF FORMAL URBAN AGRICULTURE REGULATIONS VIA City of Stockton Page 9 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent AMENDMENTS TO TITLES 5, 6, 8, 13, AND 16 OF THE STOCKTON MUNICIPAL CODE Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an Ordinance Amending Title 5, Chapter 5.08, Section 5.08.250; Title 6, Chapter 6.04, Section 6.04.430; Title 8, Chapter 8.04, Section 8.04.010; Chapter 8.68, Section 8.68.040; Title 13, Chapter 13.04, Section 13.04.015; Title 16, Chapter 16.20, Section 16.20.020; Chapter 16.80, Sections 16.80.020, 16.80.060, 16.80.130, 16.80.135, 16.80.260, 16.80.280, 16.80.285, 16.80.350; Chapter 16.136, Section 16.136.030, Chapter 16.152, Section 16.152.040, Chapter 16.164, Section 16.164.030; and Chapter 16.240, Section 16.240.020 of the Stockton Municipal Code, Relating to Urban Agriculture 2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this ordinance and resolution. Department: Community Development Attachments: Attachment A - Food and Agriculture Plan Attachment B - PC Reso 2020-07-23-0501 Attachment C - Urban Ag Ord (redlines) Attachment D - Summary of Proposed Amendments Proposed Ordinance - Urban Ag 15.2 20-6861 ADOPT AN ORDINANCE AMENDING THE ZONING DESIGNATION FOR AN EXISTING COMMERCIAL BUILDING AT 1825 SOUTH EL DORADO STREET (APN 165-074-35) (APPLICATION NO. P19-0328) Recommended Action: RECOMMENDATION Staff recommends the City Council adopt an Ordinance amending the zoning designation for an existing, vacant commercial building at the southwest corner of South El Dorado Street and West 4th Street (APN 165-074-35) from Residential, Low Density to Commercial, General (CG), to allow rehabilitation and use of a currently underutilized property. Department: Community Development Attachments: Attachment A - Location Map & Aerial Photo Attachment B - Zoning Map Attachment C - General Plan Land Use Map Attachment D - Planning Commission Reso 2020-06-25-0501-01 Proposed Ordinance 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA City of Stockton Page 10 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 17. CITY MANAGER'S COVID-19 UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 20-6947 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Planning Commission 2020-04-09 Planning Commission 2020-04-23 Planning Commission 2020-05-14 Planning Commission 2020-05-28 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 September 8, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 9/8/2020 City Council/Successor Agency to Meeting Agenda - Final September 15, 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 9/8/2020