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 Tuesday, February 2, 2021 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, 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 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 included 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 included into the record. 5. WebEx virtual participation - if you wish to join the meeting virtually to provide public comment please contact the City Clerk's Office at (209) 937-8458 or city.clerk@stocktonca.gov no later than 5:00 PM the day of the meeting. You will be asked to provide your name, phone number, your email, and the item you wish to speak on. You will be emailed instructions to log into WebEx to participate in the meeting. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-7592 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) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. City of Stockton Page 1 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Attorney 3.2 20-7593 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 20-7594 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 20-7595 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*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS City of Stockton Page 2 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 21-0056 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of November 17, 2020, December 1, 2020, and December 15, 2020. Department: City Clerk Attachments: Attachment A - 2020-11-17 Minutes for Approval Attachment B - 2020-12-01 Minutes for Approval Attachment C - 2020-12-15 Minutes for Approval 12.2 20-7553 AGREEMENT WITH SEAN ALEXANDER MARINE SERVICES, INC. FOR REMOVAL AND DISPOSAL OF DERELICT VESSELS FOR THE CITY OF STOCKTON (PUR 20-035) Recommended Action: RECOMMENDATION It is recommended that the Council by motion: 1. Approve an agreement between the City and Sean Alexander Marine Services Inc. for removal and disposal of derelict vessels within the City limits and water channels; and 2. Authorize the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of this motion. Department: Economic Development Attachments: Attachment A - Agreement Attachment B - Resolution 2020-03-10-1102 12.3 21-0003 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 4812 SOUTH STATE ROUTE 99 W FRONTAGE ROAD City of Stockton Page 3 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 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 filing of Notice of Exemption No.06-21under the California Environmental Quality Act (CEQA) for the disposition of real property located at 4812 South State Route 99 W Frontage Road, APN 179-270-11. 2) Authorizing the disposition of the City-owned parcel located at 4812 South State Route 99 W Frontage Road to Anthony Barkett and Michael Grech in the amount of $6,885. 3) Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Anthony Barkett and Michael Grech. It is also recommended that the City Council authorize the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Resolution 00-0132 Attachment B - Vicinity Map Attachment C - Aerial Map Attachment D - Administrative Directive HRD-02 Proposed Reso - 4812 S State Route 99 - Barkett-Grech Exhibit 1 - NOE06-21 - 4821 S State Route 99 sale Exhibit 2 - Agreement 12.4 21-0010 APPROVE MOTION TO AUTHORIZE THE CLOSING PEDESTRIAN ACCESS GAPS TO SCHOOLS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to: 1. Approve the plans and specifications for the Closing Pedestrian Access Gaps to Schools, Project No. PW1705/Federal Project No. ATPCML-5008(178). 2. Award a Construction Contract in the amount of $989,445.51 to JJR Construction, Inc. of San Mateo, CA, for the Closing Pedestrian Access Gaps to Schools, Project No. PW1705/Federal Project No. ATPCML-5008(178). 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 4 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Federally Funded Construction Contract 12.5 21-0073 RATIFY APPOINTMENTS TO THE STOCKTON PLANNING COMMISSION Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution ratifying appointments to the Stockton Planning Commission. Department: City Clerk Attachments: Proposed Resolution - PC Appointment Attachment A - Redacted Applications Note: this item was added on 2021-01-28 by Office of the City Clerk 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 21-0032 AWARD A CONSTRUCTION CONTRACT TO MOUNTAIN CASCADE, INC. FOR THE U.S. DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY OFF-SITE UTILITIES IMPROVEMENTS PROJECT, AND EXECUTE AN AGREEMENT WITH NOTOTOMNE CULTURAL PRESERVATION FOR NATIVE AMERICAN MONITORING SERVICES RELATED TO THE CONSTRUCTION OF SANITARY SEWER AND WATER LINES FOR THE VETERANS AFFAIRS MEDICAL FACILITY City of Stockton Page 5 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 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 plans and specifications for the U.S. Department of Veterans Affairs Medical Facility Off-site Utilities Improvements Project (Rebid), Project No. M20026. 2. Award a Construction Contract in the amount of $4,854,395 to Mountain Cascade, Inc. of Livermore, CA, for the U.S. Department of Veterans Affairs Medical Facility Off-site Utilities Improvements (Rebid), Project No. M20026 (Exhibit 1 to the resolution). 3. Approve an agreement with Nototomne Cultural Preservation for the required Native American monitoring services in compliance with the California Environmental Quality Act (CEQA) Findings and Mitigation Monitoring and Reporting Program (MMRP) (Exhibit 2 to the resolution). It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Attachment A - Project Map Proposed Resolution Exhibit 1 - Construction Contract Exhibit 2 - Nototomne Cultural Preservation Agreement 15.2 21-0067 DISCUSSION REGARDING THE PROCESS FOR ISSUING PERMITS REQUIRED FOR CANNABIS BUSINESSES AND THE NECESSITY AND POTENTIAL FOR ENACTING A MORATORIUM PENDING THE CONSIDERATION OF CHANGES TO THE STOCKTON MUNICIPAL CODE Item for Discussion. Department: City Attorney Note: this item was added on 2021-01-27 by Office of the City Attorney 15.3 21-0074 DISCUSSION REGARDING HOMELESS MITIGATION SOLUTIONS AND THE POTENTIAL FOR ADDITIONAL EMERGENCY SHELTER CAPACITY Department: Office of the Mayor Note: this item was added on 2021-01-28 by Office of the Mayor 16. HEARINGS** 16.1 20-7603 HOLD A PUBLIC HEARING TO APPROVE RESOLUTION TO ADOPT City of Stockton Page 6 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent THE EASTERN SAN JOAQUIN REGION INTEGRATED REGIONAL WATER MANAGEMENT PLAN - 2020 ADDENDUM Recommended Action: RECOMMENDATION It is recommended that the City Council conduct a public hearing to approve a resolution to adopt the Eastern San Joaquin Region Integrated Regional Water Management Plan - 2020 Addendum. 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 - San Joaquin River Funding Area Proposed Resolution - Water Management Plan Exhibit 1 - FINAL ESJ IRWMP 2020 Addendum 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on January 28, 2021, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 7 Printed on 1/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised February 2, 2021 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 8 Printed on 1/28/2021