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City Council and Concurrent Authorities

Regular Meeting

Stockton, CA · March 9, 2021

Agenda

Agenda

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, March 9, 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, 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 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 21-0127 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four Name of Case: Civic Partners, LLC v. City of Stockton, et al. (Sacramento County Superior Court Case No. 03AS00193) Name of Case: Nathaniel Smith v. City of Stockton, et al. (United States District Court Case No. City of Stockton Page 1 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 2:15-CV-00363-KJM-AC) Name of Case: Police Sergeant Steven Thomas (Workers’ Compensation Board Case Nos. ADJ1174058, ADJ1258566, and ADJ9509583) 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 21-0129 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 21-0131 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 21-0133 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* City of Stockton Page 2 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 21-0066 TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT AT 3263 EAST CHEROKEE ROAD Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the execution of a Quitclaim Deed to terminate four Temporary Construction Easements for the property located at 3263 East Cherokee Road. 2. Authorizing 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 - Final Order of Condemnation Cherokee Attachment B - 3263 Cherokee Map Proposed Resolution - 3263 Cherokee Road TCE Exhibit 1 - Quitclaim Deed - 3263 East Cherokee Rd 12.2 21-0083 AWARD A CONSTRUCTION CONTRACT TO COLLICUTT ENERGY SERVICES, INC. FOR THE COGENERATION ENGINE NO. 3 OVERHAUL AND FUEL BLENDING SYSTEM INSTALLATION City of Stockton Page 3 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 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 filing of Notice of Exemption No. NOE08-21 under the California Environmental Quality Act (CEQA) for the Cogeneration Engine No. 3 Overhaul and Fuel Blending System Installation, Project No. M20014 (Exhibit 1). 2. Approve the project specifications and the determination that Cogeneration Engine No. 3 Overhaul and Fuel Blending System Installation, Project No. M20014 involves work of a highly specialized nature. 3. Award a Construction Contract in the amount of $854,422.28 to Collicutt Energy Services, Inc. of West Sacramento, CA, for the Cogeneration Engine No. 3 Overhaul and Fuel Blending System Installation, Project No. M20014 (Exhibit 2). 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: Municipal Utilities Attachments: Proposed Resolution - Cogeneration Engine No 3 Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.3 20-7570 APPROVE MOTION TO AUTHORIZE THE ARCH-AIRPORT ROAD TRAFFIC SIGNAL SYNCHRONIZATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Kimley-Horn and Associates, Inc., of Oakland, CA, in the amount of $136,998.23, for design of the Arch-Airport Road Traffic Signal Synchronization, Project No. WT21011/Federal Project No. CML-5008(192). 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract City of Stockton Page 4 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.4 20-7585 APPROVE MOTION TO AUTHORIZE THE LINCOLN ROAD SEWER TRUNK REHABILITATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $231,000, for design of the Lincoln Road Sewer Trunk Rehabilitation, Project No. UW21018. 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Contract 12.5 21-0014 ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP INSTALLATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE58-20 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD19015. 2. Approve the plans and specifications for the ADA Curb Ramp Installation, Project No. WD19015. 3. Reallocate available balance in the amount of $266,820.82 from the Sidewalk, Curb, and Gutter Repair Program FY 2018-19 SB1, Project No. WD18015 (240-242) to the Sidewalk, Curb, and Gutter Repair Program FY 2019-20 SB1, Project No. WD19015 (240-242). 4. Award a Construction Contract in the amount of $488,685 to FBD Vanguard Construction, Inc., of Livermore, CA, for the ADA Curb Ramp Installation, Project No. WD19015. 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 City of Stockton Page 5 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - List of Locations Attachment B - Project Map Proposed Resolution - ADA Curb Ramp Installation Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.6 21-0019 APPROVE MOTION TO AUTHORIZE THE UNION STREET SEWER REHABILITATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $156,200, for design of the Union Street Sewer Rehabilitation, Project No. UW21007. 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Contract - Union Street Sewer Rehab 12.7 21-0033 ADOPT RESOLUTION TO AUTHORIZE THE CRACK SEALING VARIOUS STREETS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE64-20 under the California Environmental Quality Act for the Crack Sealing Various Streets, Project No. WD21003. 2. Approve the plans and specifications for the Crack Sealing Various Streets, Project No. WD21003. 3. Award a Construction Contract in the amount of $205,300 to Pavement Coatings Co. of Sacramento, CA, for the Crack Sealing Various Streets, Project No. WD21003. 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 City of Stockton Page 6 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution - Crack Sealing Various Streets Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.8 21-0054 PURCHASE AND INSTALLATION OF NEW PLAYGROUND EQUIPMENT AT FOUR PARKS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 2. Approve use of a Cooperative Purchasing Agreement through Sourcewell Contract No. 030117-LTS, formerly National Joint Powers Alliance, to provide the City access to preferential pricing programs from PlayPower, Inc. and its subsidiary companies, including, but not limited to: Miracle Recreation, Miracle Playsystems, Little Tikes, Softplay, USA Shade, and Wabash Valley. 3. Approve a contract in the amount of $756,109.76 with PlayPower, Inc. a subsidiary company of Miracle Playsystems, Inc. of Alamo, CA, for the purchase and installation of new playground equipment at American Legion, Laughlin, Swenson, and Oak Parks. 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 - Playground Renderings Proposed Resolution - New Playground Equipment Exhibit 1 - Cooperative Piggyback Purchasing Agmt 12.9 21-0172 APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS Recommended Action: RECOMMENDATION Resolution ratifying Councilmember and Mayoral appointments to the Community Development Committee, Measure A Citizens' Advisory Committee, Measure M Strong Communities Advisory Committee, Measure W Oversight Committee, and Water Advisory Group Note: item added 2021-03-05 by Office of the City Clerk Department: City Clerk City of Stockton Page 7 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Redacted Applications CDC Attachment B - Redacted Applications MA Attachment C - Redacted Applications MM Attachment D - Redacted Applications MW Attachment E - Redacted Applications- WAG Proposed Resolution - Appointments 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 20-7588 ADOPT THE 2021 STATE AND FEDERAL LEGISLATIVE PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the 2021 State and Federal Legislative Program 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 - 2021 State and Federal Legislative Program 15.2 21-0140 UPDATE REGARDING POLICE CALLS FOR SERVICE AT HOMELESS ENCAMPMENTS Recommended Action: RECOMMENDATION Informational only. No action to be taken. Department: Police 15.3 21-0141 INFORMATION REGARDING THE CALVAX PROGRAM Recommended Action: RECOMMENDATION Informational only. No action to be taken. Department: Fire 15.4 21-0075 APPROVE MOTION TO EXECUTE AMENDMENT NO. 2 TO THE STANDARD AGREEMENT FOR TENANT IMPROVEMENTS TO THE WATERFRONT TOWERS FOR THE RELOCATION OF CITY HALL City of Stockton Page 8 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to execute Amendment No. 2 to the Standard Agreement with Indigo, Hammond + Playle Architects, LLP, in the amount of $527,147, for additional design services for the tenant improvements to the Waterfront Towers for the Relocation of City Hall, Project No. E016015. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Amendment No. 2 15.5 21-0102 ADOPT A RESOLUTION AUTHORIZING A PUBLIC HEARING TO CONSIDER INCREASES IN THE CITY’S WATER RATES AND CHARGES AND TO MAIL A NOTICE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED INCREASES TO THE WATER RATES AND CHARGES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize a public hearing to be held in the future to consider increases in the City's water rates and charges; and 2. Authorize and direct the City Manager to mail a notice of the future public hearing to all City of Stockton Water Utility customers and the record owners of property upon which the rates and charges are proposed for imposition. The public hearing shall be held not less than 45 days after the notice of the public hearing has been mailed. 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: Municipal Utilities Attachments: Attachment A - Draft Final Water Rate Study Report Proposed Resolution 16. HEARINGS** 16.1 20-7523 APPROVE A FINDING REGARDING ENVIRONMENTAL REVIEW AND ADOPT AN ORDINANCE AMENDING THE STOCKTON CITYWIDE ZONING MAP TO COMPLY WITH THE STOCKTON 2040 GENERAL PLAN City of Stockton Page 9 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt an Ordinance amending the Stockton Citywide Zoning Map to comply with the 2040 General Plan with appropriate findings. These include a finding that further environmental review is not required for the proposed amendments to the Citywide Zoning Map (rezones) per the California Environmental Quality Act (CEQA) pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) and per Stockton Municipal Code Section 16.116.050. Department: Community Development Attachments: Attachment A - General Plan Land Use Map Attachment B - Citywide Zoning Map Rezones Attachment C - PC Resolution 2020-12-10-0501 Proposed Ordinance Exhibit 1 - Proposed Zoning Map Exhibit 2 - List of Rezone Properties 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 21-0152 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Measure A Citizens Advisory 2020-05-27 Measure A Citizens Advisory 2020-09-09 Water Advisory Group 2020-03-04 Water Advisory Group 2020-09-02 Water Advisory Group 2020-11-04 City of Stockton Page 10 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 2021 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 March 5, 2021, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 3/5/2021 City Council/Successor Agency to Meeting Agenda - - Revised March 9, 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 12 Printed on 3/5/2021

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