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, December 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 included in 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 included in 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 included in the record. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-7485 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2019-12404) City of Stockton Page 1 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 20-7490 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 20-7492 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 20-7494 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 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA*** City of Stockton Page 2 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 11. CONSENT AGENDA 11.1 20-7518 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of September 15, 2020, September 29, 2020, October 6, 2020, and October 20, 2020. Department: City Clerk Attachments: Attachment A - 2020-09-15 Minutes for Approval Attachment B - 2020-09-29 Minutes for Approval Attachment C - 2020-10-06 Minutes for Approval Attachment D - 2020-10-20 Minutes for Approval 11.2 20-7260 INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES OF MEASURES A AND B REVENUES AND EXPENDITURES FOR YEAR ENDED JUNE 30, 2020 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Independent Accountant's Report on Applying Agreed-Upon Procedures of Measures A and B Revenues and Expenditures for the Year Ended June 30, 2020. Department: Administrative Services Attachments: Attachment A - Measure A AUP 11.3 20-7261 REPORT ON COMPLIANCE WITH THE PROPOSITION 111 APPROPRIATION LIMIT (GANN LIMIT), THE CORE REVENUES REPORT, THE MEASURE M STRONG COMMUNITIES TAX FUND AUDIT, THE MEASURE W PUBLIC SAFETY TAX FUND AUDIT FOR YEAR ENDED JUNE 30, 2020 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Report on Compliance with the Proposition 111 Appropriation Limit (Gann Limit), the Report of Agreed-Upon Procedures Applied to Core Revenues, the Measure M Strong Communities Tax Fund Audit, the Measure W Public Safety Tax Fund Audit, and the for the year ended June 30, 2020. Department: Administrative Services City of Stockton Page 3 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - 2020 GANN Limit Attachment B - 2020 Core Revenues Attachment C - 2020 Measure M Attachment D - 2020 Measure W 11.4 20-7262 PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEAR 2019-20 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Public Facilities Fee Program Annual Reports for Fiscal Year 2019-20 (Attachment A) to comply with State reporting requirements. 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: Administrative Services Attachments: Attachment A - PFF Financial Report FY2019-20 11.5 20-7391 ADOPT A RESOLUTION EXTENDING THE GREATER DOWNTOWN STOCKTON RESIDENTIAL AND CITY-WIDE AFFORDABLE HOUSING DEVELOPMENT PUBLIC FACILITY FEE EXEMPTION PROGRAMS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the extension of the Greater Downtown Stockton Residential and City-wide Affordable Housing Development Public Facility Fee Exemptions until such time as a new nexus study is completed and new fees are adopted by Council; and 2. Authorizing the City Manager, or his designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Community Development Attachments: Attachment A - Greater Downtown Area Map Proposed Resolution - Extend PFF Waiver Programs 11.6 20-7427 APPROVE A MOTION AUTHORIZING EMERGENCY COMMUNICATIONS DIVISION EXPANSION PROJECT AND EXPENDITURES NOT TO EXCEED $822,000.00 TO ENACT SENATE BILL 438 City of Stockton Page 4 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 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 City Manager to approve the procurement of services, software, supplies and equipment identified through the FY2020-21 budget process that are required for Fire Department's Emergency Communications Division to enact Senate Bill 438 for a total amount not to exceed $822,000.00; and 2. Authorize the City Manager to execute a five-year agreement with A,T&T for the purchase, installation, and maintenance of hardware and software for 911 phone processing equipment through California Master Purchase Agreement for an amount not to exceed $126,416.91; and 3. Authorize the City Manager to execute Amendment No. 1 to the Motorola agreement for the purchase, installation, and maintenance of additional radio equipment at a not-to-exceed cost of $356,855.00; and 4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and 5. Authorize the City Manager to take appropriate and take necessary actions to carry out the purpose and intent of this motion. Department: Fire Attachments: Attachment A - Co-op Purchase Agreement Attachment B - Motorola Amendment No. 1 11.7 20-6882 MOTION AUTHORIZING THE CITY MANAGER TO AWARD THE BID AND EXECUTE A CONTRACT WITH THE PERMANENTE MEDICAL GROUP AND CO OCCUPATIONAL MEDICAL PARTNERS (CO COMP) FOR PRE-EMPLOYMENT OCCUPATIONAL HEALTH SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve findings and by motion authorize the City Manager to execute a non-exclusive agreement with The Permanente Medical Group (Attachment A) and a non-exclusive agreement with CO Occupational Medical Partners (CO Comp) (Attachment B) to provide pre-employment occupational health services. Contracting with two (2) providers will allow the City to utilize the services of either provider, thus expanding the City's network of services beyond the current structure. It is also recommended that this motion authorize the City Manager to take actions necessary and appropriate to carry out the purpose and intent of this agreement. Department: Human Resources Attachments: Attachment A - Standard Agreement - Kaiser Attachment B - Agreement CO Comp City of Stockton Page 5 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.8 20-7099 AUTHORIZE THE SAFE ROUTES TO SCHOOL SIDEWALK GAP CLOSURE PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to approve the Notice of Exemption No. NOE27-20 under the California Environmental Quality Act for the ATP4 Safe Routes to School Sidewalk Gap Closure, Project No. PW1913/Federal Project No. ATPSB1L-5008(187). 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 - SRTS Sidewalk Gap Closure Exhibit 1 - Notice of Exemption 11.9 20-7176 ADOPT RESOLUTION TO AMEND SPECIFIC COMMERCIAL SOLID WASTE COLLECTION RATES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Amend the Solid Waste, Organics, and Recyclables Collection and Street Sweeping Services Rate Schedule as follows: a. Correct the 1.5 cubic yard container, 5 pickups per week "Mobile Home Customers - Bin Service, Organics Collection" service rate, misstated on the current rate schedule as $48.86 per month to $484.86 per month; and, b. Correct the service descriptions for "Mobile Homes, Multi-Family and Commercial Customers - Front Load Compactor Services" to indicate 3 and 4 cubic yard Organics compactor service levels. 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 - Existing Mobile Home Bin Rate Attachment B - Amended Mobile Home Bin Rate Attachment C - Existing Front Load Compactor Rate Attachment D - Amended Front Load Compactor Rate Proposed Resolution - Amend Solid Waste Rates Exhibit 1 - Services Rates City of Stockton Page 6 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.10 20-7195 REJECT BIDS FOR THE BUS RAPID TRANSIT PHASE V PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to reject all bids received for the construction of the Bus Rapid Transit Phase V, Project No. PW1516/Federal Project No. CML-5008(149), 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 - Project Location Map 11.11 20-7210 ADOPT RESOLUTION TO AUTHORIZE THE TAM O’SHANTER DRIVE AND KNICKERBOCKER DRIVE ROUNDABOUT AND BICYCLE LANE INSTALLATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE49-19 under the California Environmental Quality Act for the Tam O'Shanter Drive and Knickerbocker Drive Roundabout and Bicycle Lane Installation, Project No. PW1727/Federal Project No. CML-5008(173). 2. Approve the plans and specifications for the Tam O'Shanter Drive and Knickerbocker Drive Roundabout and Bicycle Lane Installation, Project No. PW1727/Federal Project No. CML-5008(173). 3. Award a Construction Contract in the amount of $613,058.23 to AM Stephens Construction Company, Inc., of Lodi, CA, for the Tam O'Shanter Drive and Knickerbocker Drive Roundabout and Bicycle Lane Installation, Project No. PW1727/Federal Project No. CML-5008(173). 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 - Project No. PW1727 Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 11.12 20-7386 ADOPT RESOLUTION TO AUTHORIZE THE MICRO-SURFACING OF LOCAL STREETS PROJECT City of Stockton Page 7 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 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 Notice of Exemption No. NOE52-20 under the California Environmental Quality Act for the Micro-surfacing of Local Streets, Project No. OM-21-009. 2. Approve the plans and specifications for the Micro-surfacing of Local Streets, Project No. OM-21-009. 3. Award a Construction Contract in the amount of $481,134.50 to Dryco Construction, Inc., of Sacramento, CA, for the Micro-surfacing of Local Streets, Project No. OM-21-009. 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 - Micro Surfacing Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 11.13 20-7293 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF CALIFORNIA BOARD OF STATE COMMUNITY CORRECTIONS, IN THE AMOUNT OF $1,499,917, FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT FOR THE PERIOD OCTOBER 1, 2020 THOUGH DECEMBER 31, 2023, AND AUTHORIZING EXECUTION OF GRANT AGREEMENTS City of Stockton Page 8 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 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 acceptance of grant funding from the State of California Board of State Community Corrections California Violence Intervention and Prevention (CalVIP) Grant; and 2. Authorize all required appropriations and expenditures in compliance with and for the purposes stated in the project agreement over a three year time period; and 3. Authorize the allocation of a full-time grant funded Management Assistant position for the duration of the three-year grant term; and 4. The grant funds received hereunder shall not be used to supplant expenditures controlled by this body; and 5. The City of Stockton agrees to ensure all matching funds required for the grant are provided and abide by the terms and conditions of the grant Agreement as set forth by BSCC; and 6. The City Manager is authorized and directed to execute on behalf of the City of Stockton, all required contracts or agreements with the granting agency, provide additional information and furnish such documents as may be required, execute all documents and amendments or extensions pertaining to the grant project; and 7. The City Manager is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: City Manager Attachments: Proposed Resolution - 2020-2023 CalVIP Grant Exhibit 1 - 2020-2023 CalVIP Grant Agreement Note: Office of the City Manager added this item to the agenda 12-11-2020 11.14 20-7444 ADOPT A RESOLUTION AUTHORIZING THE CONVEYANCE OF RECREATIONAL VEHICLE TRAILERS TO THE STOCKTON SHELTER FOR THE HOMELESS AND DIGNITY’S ALCOVE; AND ENTERING INTO AN AGREEMENT WITH DIGNITY'S ALCOVE FOR THE PROVISION OF SERVICES TO HOMELESS VETERANS City of Stockton Page 9 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the conveyance of nine (9) Recreational Vehicle (RV) trailers to Stockton Shelter for the Homeless; and 2. Authorizing the conveyance of eight (8) Recreational Vehicle (RV) trailers to Dignity's Alcove; and 3. Approving findings pursuant to Stockton Municipal Code Section 3.68.070 for an exception to the competitive bidding process; and 4. Entering into a sole source agreement with Dignity's Alcove in the amount of $106,629.00 to provide services to homeless veterans; and 5. Authorizing the City Manager to take the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: City Manager Attachments: Proposed Resolution - COVID-19 RV Trailers Exhibit 1 - Dignity's Alcove Agreement Note: Office of the City Manager added this item to the agenda 12-11-2020 11.15 20-7460 ADOPT A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE NOVEMBER 3, 2020, CITY OF STOCKTON, GENERAL MUNICIPAL ELECTION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution accepting the results of the November 3, 2020, City of Stockton, General Municipal Election as certified by the San Joaquin County Registrar of Voters. Department: City Clerk Attachments: Proposed Resolution - Certifying Election Results Exhibit 1 - Statement of the Votes Cast Note: Office of the City Clerk added this item to the agenda 12-11-2020 11.16 20-7519 ADOPT A RESOLUTION APPOINTING POSITIONS IN THE OFFICE OF THE MAYOR City of Stockton Page 10 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution that: 1. Amends the title of Executive Assistant to Chief Aide position in the Office of the Mayor; and 2. Appoints three employees to fill upcoming vacancies in the Office of the Mayor; and 3. Authorize the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution. Department: City Clerk Attachments: Attachment A1 - Class Spec - Chief Aide Attachment A2 - Redacted Resume - Nadeja M. Steager Attachment B1 - Class Spec - Public Information Officer Attachment B2 - Redacted Resume - Dana Sovinec Attachment C1 - Class Spec - Mayor's Senior Policy Advisor Attachment C2 - Redacted Resume - Rajan Nathaniel Proposed Resolution - Mayoral Staff Appointments Note: Office of the City Manager on behalf of the Mayor-Elect added this item to the agenda 12-11-2020 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 20-7263 INDEPENDENT AUDIT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2020, AND APPROVE A RESOLUTION AUTHORIZING A DEPOSIT INTO THE CITY OF STOCKTON PUBLIC AGENCY POST EMPLOYMENT BENEFITS TRUST Recommended Action: RECOMMENDATION It is recommended the City Council accept by motion the independent audit of the Comprehensive Annual Financial Report for the year ended June 30, 2020, and approve a resolution authorizing a remittance to Public Agency Retirement Services (PARS) for deposit to the City of Stockton Public Agency Post Employment Benefits Trust (Trust). Department: Administrative Services Attachments: Attachment A - CAFR FY 19-20 Proposed Resolution - PARS Trust Deposit FY2020 City of Stockton Page 11 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Note: Administrative Services Department amended Attachment A and added the Proposed Resolution 12-11-2020 14.2 20-6979 ADOPT A RESOLUTION TO ACCEPT A TRANSFORMATIVE CLIMATE COMMUNITIES IMPLEMENTATION GRANT AWARD IN THE AMOUNT OF $10,834,490 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve a grant agreement in the amount of $10,834,490 with the California Strategic Growth Council, and; 2. Authorize the City Manager to appropriate grant revenues and expenditures in the amount of $10,834,490, and; 3. Authorize the City Manager to execute and manage sub-agreements with co-applicants in amounts consistent with the Grant Agreement, and; 4. Authorizing the allocation of a grant funded Program Manager III position to the City Manager's Office for the duration of the three-year grant term. It is also recommend that the City Council 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 - TCC Implementation Grant Agreement Attachment B - Project Area Map Proposed Resolution - TCC Implementation Grant Award 14.3 20-7191 RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT WITH RBH GROUP, LLC FOR A PROPOSED MIXED-USE DEVELOPMENT PROJECT AT SOUTH POINTE LOCATED ALONG WEST WEBER AVENUE Recommended Action: RECOMMENDATION It is recommended the City Council adopt a resolution to approve an Exclusive Negotiating Rights Agreement between the City of Stockton and RBH Group, LLC for the possible acquisition of multiple City-owned parcels located along West Weber Avenue, known as South Pointe, for the development of a mixed-use project. It is also recommended the City Council authorize the City Manager, or his designee, to take the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development City of Stockton Page 12 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Attachment B - Conceptual Rendering Proposed Resolution - ENRA Exhibit 1 - ENRA 14.4 20-7170 ADOPT RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO PATRIOT CONTRACTING, INC. FOR THE NORTHEAST STOCKTON LIBRARY AND COMMUNITY CENTER PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the plans and specifications for the Northeast Stockton Library and Community Center, Project No. PW1724. 2. Award a Construction Contract in the amount of $14,450,556 to Patriot Contracting, Inc. of Gardena, CA, for the Northeast Stockton Library and Community Center, Project No. PW1724. 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 Attachment B - Zovich Constr Bid Protest Ltr Attachment C - Patriot Protest Response Ltr Attachment D - Patriot Protest Response Ltr Attachment E - Law Ofc of Ayvazi, Patriot Protest Attachment F - COS Initial Bid Determination Ltr Attachment G - Law Ofc of Ayzazi, Patriot Protest Attachment H - COS 2ndary Bid Determination Ltr Attachment I - Patriot Protest Response Ltr Attachment J - Law Ofc of McInerney/Dillon, Zovich Attachment K - Patriot Protest Response Ltr Attachment L - COS Final Bid Determination Ltr Proposed Resolution - NE Stkn Library Exhibit 1 - Construction Contract 15. HEARINGS** 15.1 20-7412 HOLD A PUBLIC HEARING TO FORM A NEW ASSESSMENT DISTRICT AS PART OF THE STOCKTON INDUSTRIAL STORM City of Stockton Page 13 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent DRAINAGE BASIN MAINTENANCE ASSESSMENT DISTRICTS, NORTH NEWCASTLE STORM PUMP STATION AND BASIN ASSESSMENT DISTRICT 20-1 Recommended Action: RECOMMENDATION The City Council, at its meeting on October 20, 2020, adopted a Resolution of Intention to form a new assessment district and set a required Public Hearing for December 15, 2020. It is recommended that the City Council conduct a public hearing to consider public comment and testimony regarding the formation of North Newcastle Storm Pump Station and Basin Assessment District No. 20-1 (the "District") as part of the Stockton Industrial Storm Drainage Basin Maintenance Assessment Districts. After the public hearing, if a majority protest based on the Resolution of Intention does not exist, it is recommended that the City Council adopt a resolution to: 1. Overrule all public hearing protests or objections (including all written protests not withdrawn in writing before the conclusion of the public hearing) to the Resolution of Intention. 2. Approve formation of North Newcastle Storm Pump Station and Basin Assessment District No. 20-1 as part of the Stockton Industrial Storm Drainage Basin Maintenance Assessment Districts, to maintain and operate storm drainage improvements. 3. Specify that the public interest would be served by establishing the District and levying annual assessments for the costs to maintain and operate the storm drainage improvements. 4. Confirm and finally approve the proposed boundary map (Exhibit 1 of the Resolution) and Engineer's Report (Exhibit 2 of the Resolution) and order recording of the assessment diagram. It is also recommended that the City Manager or his designee be authorized and directed to execute all documents, including, but not limited to, agreements and amendments. It is further recommended that the Resolution authorize the City Manager to take appropriate and necessary action to carry out the purpose and intent of the Resolution. Department: Municipal Utilities Attachments: Proposed Resolution - Assessment District 20-1 Exhibit 1 - Assessment Map Exhibit 2 - Engineers Report Note: Municipal Utilities Department added this item to the agenda 12-11-2020 City of Stockton Page 14 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 15, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 20-7507 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Planning Commission 2020-06-25 Planning Commission 2020-07-09 Planning Commission 2020-07-23 Planning Commission 2020-08-27 Strong Communities Advisory 2020-06-04 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 December 11, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 15 Printed on 12/11/2020 City Council/Successor Agency to Meeting Agenda - - Revised December 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 16 Printed on 12/11/2020