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, October 20, 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 2. eComment - click https://stockton.granicusideas.com/meetings to submit an eComment(s). New users must follow the instructions to create an account. 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 20-7181 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Patrick Craig v. City of Stockton, et. al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2017-0006371) City of Stockton Page 1 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 20-7183 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 20-7185 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 20-7187 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Recommended Action: Number of Cases: One 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 City of Stockton Page 2 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10.1 20-7255 PROCLAMATION: FAMILY PROMISE WEEK - OCTOBER 18-25, 2020 Recommended Action: RECIPIENT: Sharon Jarvis Department: Office of the Mayor 10.2 20-7284 COMMENDATION: IN HONOR OF HIS EXTRAORDINARY YEARS AS A MUSIC INSTRUCTOR REPRESENTING THE BEAUTIFUL SPIRIT OF STOCKTON Recommended Action: RECIPIENT: Mel Won Department: Office of the Mayor 11. CONSENT AGENDA 11.1 20-7236 2020 CONFLICT OF INTEREST CODE AMENDMENT Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to amend the City's Conflict of Interest Code by adding and deleting certain designated positions. Department: City Clerk Attachments: Attachment A - 2020 Conflict of Interest Code - Redlined Proposed Resolution - 2020 Conflict of Interest Code 2020 Conflict of Interest Code 11.2 20-7251 APPOINTMENT TO THE COMMUNITY DEVELOPMENT COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Kevin Redick to complete the unexpired term on the Community Development Committee as the District 2 appointee. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Appointment to the Community Development Committee 11.3 20-7257 APPOINTMENT TO THE STOCKTON PORT COMMISSION City of Stockton Page 3 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution: 1. Reappointing Commissioner Jay Allen to the Stockton Port Commission, for a term commencing immediately and ending January 15, 2024. 2. Extending the term of Stephen Griffen to end January 15, 2022. 3. Extending the term of Anthony Barkett to end January 15, 2023. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Port Commission Appointment 11.4 20-7258 APPOINTMENT TO THE SAN JOAQUIN COUNTY REGIONAL TRANSIT DISTRICT BOARD Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution reappointing Gary Giovanetti to the San Joaquin County Regional Transit District Board, for a term commencing immediately and ending June 30, 2024. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - SJRTD Appointment 11.5 20-7259 APPROVE RESPONSES TO THE 2019-20 SAN JOAQUIN GRAND JURY REPORTS ON HOMELESSNESS IN SAN JOAQUIN COUNTY, CASE NO. 0119, AND ILLEGAL DUMPING, CASE NO. 0519 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the City's responses to the 2019-20 Civil Grand Jury Reports on Homelessness in San Joaquin County, "Building on a Foundation: Collaboration and Communication," Case No. 0119, and the report on Illegal Dumping, "Talking Trash," Case No. 0519, and direct the City Manager to sign the response on behalf of the City Council and transmit the response to the Presiding Judge of the San Joaquin County Superior Court. Department: City Manager Attachments: Attachment A - 2019-20 SJC Grand Jury Report - Case #0119 Attachment A1 - City Response to Case #0119 Attachment B - 2019-20 SJC Grand Jury Report - Case #0519 Attachment B1 - City Response to Case #0519 Attachment C - 2019-20 SJC Grand Jury Follow Up - Case #0616 Attachment D - 2019-20 SJC Grand Jury Follow Up - Case #0318 City of Stockton Page 4 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.6 20-7040 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR DESTINATIONS, UNIT NO. 4, (TRACT NO. 3700) PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the final map for Destinations, Unit No. 4, Tract No. 3700; and 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 Destinations, Unit No. 4, Tract No. 3700. It is also 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 - Recommending Approval Exhibit 1 - Destinations 4 Subdivision Agreement Exhibit 2 - Destinations 4 Final Map 11.7 20-7098 SUMMARY VACATION OF A PORTION OF LT. COLONEL MARK TAYLOR STREET PUBLIC RIGHT OF WAY AT CANNERY PARK UNIT NO. 1 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the summary vacation of a portion Lt. Colonel Mark Taylor Street. 2. Authorizing the filing of a Notice of Exemption No. NOE45-20 under the California Environmental Quality Act for the vacation of Lt. Colonel Mark Taylor Street public right-of-way at Cannery Park Unit No. 1; 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 City of Stockton Page 5 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map - Lt Col Mark Taylor Attachment B - Aerial map - Lt. Col Mark Taylor Attachment C - Resolution 2019-07-16-1104 Proposed Reso - Lt Col Mark Taylor Street abandonment Exhibit 1 - Legal Description - Lt Col Mark Taylor Exhibit 2 - Plat - Lt Col Mark Taylor Exhibit 3 - NOE45-20 - Lt. Col Mark Taylor vacation 11.8 20-7209 AUTHORIZE THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF REFINANCING THE CALIFORNIA EDUCATIONAL FACILITIES AUTHORITY SERIES 2009 AND SERIES 2012 BONDS ISSUED FOR THE UNIVERSITY OF PACIFIC PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the issuance of revenue bonds by the California Municipal Finance Authority ("CMFA"), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $70,000,000 ("Bond"), on behalf of the University of Pacific ("UOP") for the purpose refinancing the California Educational Facilities Authority series 2009 and series 2012 bonds ("CEFA bonds") issued for educational facilities ("Project") located at 3601 Pacific Avenue, in the City of Stockton, California. Note: The bonds will not represent a debt of the City, nor do they obligate the City in any way. 2. It is further recommended that the City Manager, or designee, be authorized to take appropriate actions necessary to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - UOP Project 11.9 20-7203 ADOPT A RESOLUTION ACKNOWLEDGING THE FIRE DEPARTMENT’S 2019 ANNUAL INSPECTION STATISTICS FROM EDUCATIONAL GROUP E AND RESIDENTIAL GROUP R OCCUPANCIES City of Stockton Page 6 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to acknowledge the Fire Department's 2019 annual inspection statistics from Educational Group E and Residential Group R Occupancies in accordance with Senate Bill 1205. Department: Fire Attachments: Attachment A - Senate Bill 1205 Attachment B - Cal. Health & Safety Codes 13146 Proposed Resolution Exhibit 1 - SB 1205 - 2019 Inspections.pdf 11.10 20-7016 APPROVE PURCHASE OF MEMBRANE FILTERS FROM FILMTEC CORPORATION FOR THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 for an exception to the competitive bidding process. 2. Authorize the purchase of membrane filters from FilmTec Corporation. 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: Proposed Resolution - DWTP Membrane Filters - FilmTec Exhibit 1 - Quote Exhibit 2 - COS Terms of Purchase 11.11 20-7142 AWARD A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE VETERANS AFFAIRS MEDICAL FACILITY OFF-SITE UTILITIES IMPROVEMENTS PROJECT City of Stockton Page 7 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 2. Award a Professional Services Agreement in the amount of $701,261 to TRC Engineers, Inc. of Sacramento, CA, for the Construction Management Services for the Veterans Affairs Medical Facility Off-site Utilities Improvements, Project No. M20026 (Attachment A). 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 Attachments: Attachment A - Agreement with TRC Engineers, Inc. Attachment B - Map of Proposed Off-Site Utilities Improvements Project 11.12 20-6946 ADOPT A RESOLUTION OF INTENTION TO FORM A NEW DISTRICT WITHIN THE STOCKTON INDUSTRIAL STORM DRAINAGE BASIN MAINTENANCE ASSESSMENT DISTRICTS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a Resolution of Intention to: 1. Form a new District (Stockton Industrial Storm Drainage Basin Maintenance Assessment District, North Newcastle, Project 20-1) to maintain and operate storm drainage improvements, providing for annual assessments for the costs and expenses thereof. 2. Specify that the public interest would be served by establishing the Zone and levying annual assessments for the costs to operate the storm drainage improvements. 3. Preliminarily approve Engineer's Report, approve a proposed boundary map, and appoint Engineer of Work. 4. Set date for the Public Hearing of Protests and provide for Property Owner Ballots on December 15, 2020, and direct the City Clerk to mail a public notice to the affected property owners at least forty-five days before the hearing date. (To be mailed by October 30, 2020.) It is also recommended that the City Manager be authorized to take appropriate and necessary action to carry out the purpose and intent of the resolution. Department: Municipal Utilities City of Stockton Page 8 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Engineer's Report Attachment B - Storm Drainage Basin Maintenance Districts Map Attachment C - North Newcastle Location Map Proposed Resolution Exhibit 1 - North Newcastle 11.13 20-7087 AWARD A CONSTRUCTION CONTRACT TO PIPING AND CORROSION SPECIALTIES, INC. FOR THE SANITARY SEWER PUMP STATIONS AND FORCEMAINS CATHODIC PROTECTION IMPROVEMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the filing of Notice of Exemption No. NOE44-20 under the California Environmental Quality Act (CEQA) for the Sanitary Sewer Pump Stations and Forcemains Cathodic Protection Improvements, Project No. M17014 (Exhibit 1 to the Resolution). 2. Approve the plans and specifications for the Sanitary Sewer Pump Stations and Forcemains Cathodic Protection Improvements, Project No. M17014. 3. Award a Construction Contract in the amount of $562,098 to Piping and Corrosion Specialties, Inc. of Millersville, Maryland, for the Sanitary Sewer Pump Stations and Forcemains Cathodic Protection Improvements, Project No. M17014 (Exhibit 2 to Resolution). 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: Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Contract 11.14 20-7128 APPROVE MOTION AUTHORIZING AN AGREEMENT FOR POLICE OFFICER ASSIGNMENT BETWEEN THE SAN JOAQUIN REGIONAL TRANSIT DISTRICT AND THE CITY OF STOCKTON POLICE DEPARTMENT City of Stockton Page 9 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion to: 1. Authorize the City Manager to execute a one-year Agreement for Police Officer Assignment between the San Joaquin Regional Transit District and City of Stockton Police Department, in the amount of $130,021 annually between the City of Stockton and the San Joaquin Regional Transit District; and 2. Authorize and direct the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion. Department: Police Attachments: Attachment A - Agreement for Police Officer Assignment FY2021 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 15. HEARINGS** 15.1 20-7140 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2021 DEVELOPMENT FEE SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution approving the San Joaquin Multi-Species Habitat Conservation and Open Space Plan 2021 development fee schedule. Department: Community Development Attachments: Attachment A - SJCOG Staff Report Attachment B - Habitat Fee Areas Proposed Resolution - SJMSCP 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT City of Stockton Page 10 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent INFORMATIONAL ITEMS 1. 20-7288 STRONG COMMUNITIES ADVISORY COMMITTEE ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2018-19 Recommended Action: RECOMMENDATION This item is an informational item submitting the Strong Communities Advisory Committee Annual Report for Fiscal Year 2018-19 to the City Council. Department: Administrative Services Attachments: Attachment A - Annual Report FY 2018-2019 2. 20-7289 MEASURE W CITIZENS’ OVERSIGHT COMMITTEE ADOPTED ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2018-19 Recommended Action: RECOMMENDATION This item is an informational item submitting the Measure W Citizens' Oversight Committee Report for Fiscal Year 2018-19 to the City Council. Department: Administrative Services Attachments: Attachment A - Measure W Annual Report 9-28-2020 3. 20-7220 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Water Committee 2019-07-11 Water Committee 2019-08-08 Water Committee 2019-11-14 Water Committee 2020-03-12 Water Committee 2020-05-14 City of Stockton Page 11 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 14, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 10/14/2020 City Council/Successor Agency to Meeting Agenda - Final October 20, 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 13 Printed on 10/14/2020