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, November 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 The City of Stockton invites public participation in multiple forms. You provide your comments by using one of these methods: 1. e-Comment - follow the e-comment link on the City’s agenda page stockton.granicusideas.com/meetings 2. Email - you may email your comments to city.clerk@stocktonca.gov 3. Voicemail - you can leave a voice message by dialing (209) 937-8459. 4. WebEx - if you wish to join the meeting virtually, you must email city.clerk@stocktonca.gov no later than 90 minutes prior to the meeting on the day of the meeting to request a WebEx link. 5. In-Person Comments – a) Speakers must submit “request to speak cards to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to City.Clerk@stocktonca.gov. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 3-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 21-0798 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Police Officer Nicholas Bertocchini (Workers’ Compensation Appeals Board, Case Nos. ADJ 12153277 and ADJ13285768) 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 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 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 21-0799 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 21-0800 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 21-0801 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION 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 City of Stockton Page 2 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 9. ADDITIONS TO REGULAR SESSION AGENDA*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10.1 21-0767 PROCLAMATION: FAMILY COURT AWARENESS Department: Office of the Mayor 10.2 21-0794 PRESENTATION: iHUB2 SAN JOAQUIN UPDATE Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 21-0710 ADOPT AN ORDINANCE AMENDING TITLE 1, CHAPTER 1.04, SECTION 1.04.080 AND TITLE 1, CHAPTER 1.44, SECTIONS 1.44.020, 1.44.030, 1.44.040, 1.44.050, 1.44.080, 1.44.090, AND 1.44.110 OF THE STOCKTON MUNICIPAL CODE, RELATING TO SERVICE OF NOTICES AND ADMINISTRATIVE HEARINGS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an ordinance amending Title 1, Chapter 1.04, section 1.04.080 and Title 1, Chapter 1.44, sections 1.44.020, 1.44.030, 1.44.040, 1.44.050, 1.44.080, 1.44.090 and 1.44.110 of the Stockton Municipal Code relating to the service of notices and administrative hearings to ensure more orderly and efficient administrative hearing process in the City. Department: City Attorney Attachments: Attachment A - Proposed Ordinance (redline) Proposed Ordinance 12.2 21-0749 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of September 28, 2021 and the Special City Council meeting of October 12, 2021. Department: City Clerk Attachments: Attachment A - 2021-09-28 Minutes Attachment B – 2021-10-12 Minutes - Special 12.3 21-0751 ADOPT A RESOLUTION APPOINTING A MEMBER OF THE MEASURE A CITIZENS’ ADVISORY COMMITTEE City of Stockton Page 3 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Eric Smith Jr. to the Measure A Citizens' Advisory Committee for a term beginning immediately upon appointment and ending June 1, 2025. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution 12.4 21-0770 2022 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR Recommended Action: RECOMMENDATION It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the 2022 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar. Department: City Manager Attachments: Attachment A - 2022 Meeting and Closed Days Calendar 12.5 21-0661 ADOPT A RESOLUTION APPROVING THE 2021 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION ADEQUATE PROGRESS FINDING FOR THE MOSSDALE TRACT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution approving the 2021 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Mossdale Tract. Department: Community Development Attachments: Attachment A - Mossdale Tract Boundary Map Attachment B - SB 5 Overview Attachment C - 200-Year Floodplain Map Proposed Resolution - Mossdale Tract Adequate Progress Exhibit 1 - Engineer's Report Exhibit 2 - 2021 Adequate Progress Report 12.6 21-0666 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR WESTLAKE VILLAGES, UNIT NO. 13 - VILLAGE G (TRACT NO. 3587) PROJECT City of Stockton Page 4 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 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 final map for Westlake Villages, Unit No. 13 - Village G, Tract No. 3587; 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 Westlake Villages, Unit No. 13 - Village G, Tract No. 3587. 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 - Westlake Village G Exhibit 1 - Westlake 13 (Village G) Map Agreement Exhibit 2 - Westlake 13 (Village G) Final Map 12.7 21-0667 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR WESTLAKE VILLAGES, UNIT NO. 14 - VILLAGE H (TRACT NO. 3588) PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the final map for Westlake Villages, Unit No. 14 - Village H, Tract No. 3588; 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 Westlake Villages, Unit No. 14 - Village H, Tract No. 3588. 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 Exhibit 1 - Westlake 14 (Village H) Map Agreement Exhibit 2 - Westlake 14 (Village H) Final Map 12.8 21-0664 TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT AT 2560 HALL AVENUE City of Stockton Page 5 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 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 execution of a Quitclaim Deed to terminate one Temporary Construction Easement for the property located at 2560 Hall Avenue. 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 - No. 193629 - Final Order of Condemnation Attachment B - 2560 Hall Avenue map Proposed Resolution - 2560 Hall Avenue TCE Exhibit 1 - Quitclaim Deed - 2560 Hall Avenue 12.9 21-0668 APPROVE BY MOTION THE SINGLE AVAILABLE SOURCE PURCHASE OF MOTOROLA RADIOS AND SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the execution of a 10-year Communication System and Services Agreement and Radio Upgrade Program Addendum (RUA) between the City and Motorola Solutions, Inc. (Attachment A), that allows for streamlined purchases and replacements of the City's P25 trunked radios for a contract value estimated at $7,500,000; and 2. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process. It is also recommended that the City Council authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Information Technology Attachments: Attachment A - Motorola Subscriber Radios Contract 12.10 21-0625 TERMINATE THE EASTERN SAN JOAQUIN COUNTY GROUNDWATER BASIN AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a letter agreement indicating concurrence with the termination of the Eastern San Joaquin Groundwater Basin Authority Joint Exercise of Powers Agreement. Department: Municipal Utilities City of Stockton Page 6 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Letter Agreement 12.11 21-0630 ADOPT RESOLUTION TO EXPAND SERVICE CAPACITY LEVELS AND SERVICE OPTIONS FOR SMALL FRONT LOAD COMPACTOR SERVICES FOR THE COLLECTION OF SOLID WASTE, ORGANICS, AND RECYCLING 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 for Mobile Homes, Multi-Family and Commercial Customers, as follows: a. To offer 5 and 6 cubic yard front load compactor capacities; and, b. Expand weekly service options. 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 - Rate Schedule Attachment B - Rate Schedule Revised Proposed Resolution Exhibit 1 - Service Rates 12.12 21-0750 ADOPT A RESOLUTION CONFIRMING UPDATES TO CITY COUNCIL POLICY CHAPTER 3.02 CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS, AND COMMISSIONS AS IT RELATES TO THE APPOINTMENT PROCESS Recommended Action: RECOMMENDATION It is recommended that Council adopt a Resolution approving the redline line changes to the City Council Policy Manual Chapter 3.02 that were approved by motion on June 28, 2016. Department: City Clerk Attachments: Attachment A - Redline Council Policy Chapter 3.02 Proposed Resolution - Council Policy Chapter 3.02 Exhibit 1 - Council Policy Chapter 3.02 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS City of Stockton Page 7 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 15. NEW BUSINESS 15.1 21-0492 AUTHORIZE THE EXECUTION OF AN INSTALLMENT SALE AGREEMENT BETWEEN THE CITY OF STOCKTON AND THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD UNDER THE CLEAN WATER ACT STATE REVOLVING FUND PROGRAM IN THE AMOUNT OF $46,800,000 TO ASSIST IN THE FINANCING OF THE PLANNING, DESIGN, AND CONSTRUCTION OF THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT AND AUTHORIZE AND DIRECT ADDITIONAL ACTIONS WITH RESPECT THERETO Recommended Action: RECOMMENDATION It is recommended that the Stockton City Council adopt a resolution authorizing the execution of an installment sale agreement (SRF Loan) between the City of Stockton and the California State Water Resources Control Board under the Clean Water Act State Revolving Fund (SRF) Program in the amount of $46,800,000 to assist in the financing of the planning, design, and construction of the Regional Wastewater Control Facility (RWCF) Modifications Project (CIP UW16022). It is also recommended that the City Manager be authorized to increase the funding appropriations based on the loan amount and take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Attachment A - Sample SRF Loan Amortization Attachment B - Installment Sale Agreement Proposed Resolution PPT - 15.1 - SRF 15.2 21-0471 ADOPT ORDINANCE APPROVING THE RECOMMENDATION TO INCREASE THE CITY MANAGER ADMINISTRATIVE EXPENDITURE LIMIT FOR BIDDING, CONTRACTING AND PURCHASING; AND APPROVE RESOLUTION TO RESTATE AND FURTHER CLARIFY THE ADMINISTRATIVE CONTRACT CHANGE ORDER AUTHORITY City of Stockton Page 8 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an ordinance to: 1. Approve an increase to the expenditure limits in the Stockton Municipal Code Chapter 3.68 Bidding, Contracting and Purchasing Procedures; and 2. Increase the City Manager's administrative expenditure authority to one hundred thousand dollars ($100,000). It is further recommended that the City Council approve a Resolution to: 3. Restate and further clarify the administrative change order contract authority. 4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Administrative Services Attachments: Attachment A - Expenditure Authority Executive Summary Attachment B - Proposed Ordinance 3.68 - Redlined Proposed Ordinance - 3.68 - Expenditure Authority Proposed Resolution - Contract Change Order Authority PPT 15.2 Expenditure Authority 16. HEARINGS** 16.1 21-0577 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A COMMISSION USE PERMIT AND DESIGN REVIEW TO ALLOW THE OPERATION OF A CREMATORIUM AT THE FRISBIE-WARREN & CARROLL FUNERAL HOME BUSINESS AT 809 NORTH CALIFORNIA STREET (APN 139-173-14) (P18-0500) Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution granting the appeal and reversing the Planning Commission's denial of a Commission Use Permit to allow the establishment of a crematorium, in accordance with the findings and subject to the conditions herein. Department: Community Development City of Stockton Page 9 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 2021 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Location Map Attachment B - Appeal Request Attachment C - Site Plan and Elevations Attachment D - Historic Resources Analysis Attachment E - Noise Assessment Attachment F - Health Risk Assessment Attachment G - Resolution 2021-07-22-0301 Proposed Resolution Exhibit 1 - Site Plan and Elevations 16.1 - PPT - Crematorium Use Permit This item has been pulled by the Community Development Department at the request of the Applicant on 2021-10-28 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 21-0772 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Redistricting Advisory Commission 2021-08-09 Redistricting Advisory Commission 2021-08-30 Redistricting Advisory Commission 2021-10-04 Strong Communities 2021-05-04 Water Advisory Group 2021-02-03 Water Advisory Group 2021-04-07 City of Stockton Page 10 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 2, 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 October 28, 2021, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 10/28/2021 City Council/Successor Agency to Meeting Agenda - - Revised November 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 12 Printed on 10/28/2021