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, March 1, 2022 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 comments 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. 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 22-0200 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-UVM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 22-0202 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 22-0206 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-0208 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-0212 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: .RECOMNDATION City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 22-0210 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* City of Stockton Page 2 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 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 10.1 22-0185 COMMENDATION: 30TH ANNIVERSARY OF THE FILIPINO AMERICAN NATIONAL HISTORICAL SOCIETY Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 22-0233 APPROVE BY MOTION AMENDMENTS TO THE CONTRACT OF EMPLOYMENT FOR CITY MANAGER HARRY BLACK Department: Office of the Mayor Attachments: Draft First Amended Contract for City Manager 12.2 22-0231 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of December 14, 2021. Department: City Clerk Attachments: Attachment A - 2021-12-14 Minutes 12.3 22-0095 ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH YMCA OF SAN JOAQUIN FOR THE MANAGEMENT AND OPERATION OF SOUSA, BROOKING, HOLIDAY, AND OAK PARK POOLS City of Stockton Page 3 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to: 1) Authorize the City Manager to execute a three-year agreement with the YMCA of San Joaquin for a total amount of $405,000 ($135,000 per year) for the management and operation of Brooking, Holiday, Oak, and Sousa Park Pools, including two additional one-year mutual options, at which time staff will return to Council for approval of additional expenditures; and 2) Approve findings that support and justify an exception to the competitive bidding process. It is further recommended that the resolution authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Community Services Attachments: Proposed Resolution - YMCA 2022 Exhibit 1 - Management Agreement with YMCA 12.4 22-0145 ADOPT A RESOLUTION APPOINTING MAXIMILIAN CAO TO THE STOCKTON ARTS COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Appoint Maximilian Cao to the Stockton Arts Commission with term to commence immediately upon approval. 2. Authorize the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution. Department: Community Services Attachments: Attachment A - Redacted Application - Maximilian Cao Proposed Resolution 12.5 21-0957 AWARD A CONTRACT TO SYNAGRO-WWT, INC. FOR THE DIGESTER C CLEANING City of Stockton Page 4 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 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. NOE73-21 under the California Environmental Quality Act (CEQA) for the Digester C Cleaning, (Exhibit 1 to the Resolution). 2. Approve the project plans and specifications for the Digester C Cleaning. 3. Award a $949,940 contract to Synagro-WWT, Inc. of Baltimore, Maryland for the Digester C Cleaning, (Exhibit 2 to the Resolution). 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 Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.6 22-0086 AUTHORIZE CONTRACT AMENDMENT NO. 2 WITH USALCO, LLC FOR PURCHASE OF WASTEWATER TREATMENT POLYMER AND AMEND THE FISCAL YEAR 2021-22 ANNUAL BUDGET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing contract Amendment No. 2 (Exhibit 1 to the Resolution) in the amount of $2,500,000 with USALCO, LLC of Modesto, CA for the purchase of polymer for wastewater treatment; and 2. Appropriating funds in the amount of $920,000 from the Wastewater Utility Fund balance to the Wastewater Treatment Plant Operations, Maintenance & Repairs Services account. 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 - CalChem Contract Attachment B - USALCO - CCO1 Attachment C - Stockton Price Increase 2022 Proposed Resolution Exhibit 1 - USALCO - CCO2 City of Stockton Page 5 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.7 21-0852 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MANAGEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a multi-year Professional Services Contract through December 31, 2026, with Siegfried Engineering, Inc. of Stockton, CA, in the amount not-to-exceed $877,062.00, to provide services for the Landscape and Lighting Maintenance Assessment District Management, Project No. OM-21-088. 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 - Professional Services Contract 12.8 22-0042 APPROVE MOTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 3 FOR THE LEFT-TURN LANES AT VARIOUS LOCATIONS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to authorize Balancing Contract Change Order No. 3, in the amount of $83,215, with B&M Builders, Inc., for the Left-Turn Lanes at Various Locations, Project No. WT17020/Federal Project No. CML-5008(169). 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 - Balancing CCO No. 3 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 22-0191 SJAFCA PRESENTATION ON THE LOWER SAN JOAQUIN RIVER City of Stockton Page 6 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent PROJECT, TEN MILE SLOUGH LEVEE IMPROVEMENTS Recommended Action: RECOMMENDATION Informational presentation only. No action to be taken. Department: Municipal Utilities Attachments: 15.1 - PPT - SJAFCA Informational Presentation 15.2 22-0114 ADOPT A RESOLUTION TO APPROVE THE MIRACLE MILE IMPROVEMENT DISTRICT PROPOSED 2022 ANNUAL OPERATING BUDGET AND 2021 ANNUAL REPORT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the proposed 2022 Operating Budget for the Property Based Improvement District commonly known as the Miracle Mile Improvement District; 2. Approving the 2021 Annual Report for the Miracle Mile Improvement District; and 3. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution. Department: Economic Development Attachments: Attachment A - MMID Boundary Map Proposed Resolution 2022 MMID Exhibit 1 - MMID 2022 Budget Exhibit 2 - MMID 2021 Annual Report 15.2 - PPT - MMID City Council Presentation 2022 15.3 22-0183 ACCEPT FISCAL YEAR 2021-22 FIRST QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Accept this budget status report on the unaudited results of the first quarter of Fiscal Year (FY) 2021-22. 2. Approve five budget amendments in the Office Equipment Internal Service Fund, Municipal Utilities Department Water, Stormwater, and Wastewater Utilities funds, and the Fire Department General Fund budget. It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. City of Stockton Page 7 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Administrative Services Attachments: Attachment A - FY 2020-21 First Quarter-General Fund Proposed Resolution - First Quarter Budget Update 15.3 - PPT - First Quarter Budget Update 15.4 22-0234 DISCUSSION ON SUSD’S PROPOSED FAMILY RESOURCE CENTER PARTNERSHIP Department: Office of the Mayor 15.5 22-0188 ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM; APPROVE THE ALLOCATION OF FUNDS AND APPROVE A WAIVER OF ELIGIBLE CUSTOMER LATE FEES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Accept and appropriate funds from the California State Water Resources Control Board for the Water and Wastewater Arrearage Payment Program in the amount of $1,623,889.31. 2. Approve the allocation of funds in accordance with all Water and Wastewater Arrearage Payment Program requirements. 3. Approve a waiver of customer late payment fees eligible under the Water and Wastewater Arrearage Payment Program. 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: Proposed Resolution 15.5 - PPT - California Water and Wastewater Arrearage Payment Program Note: This item was added 2022-02-24 by the Municipal Utilities Department 16. HEARINGS** 16.1 22-0050 ADOPTION OF AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLES 5 AND 16 RELATED TO THE CANNABIS REGULATORY PROGRAM City of Stockton Page 8 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an Ordinance Option Amending Title 5, Chapter 5.98, Section 5.98.020, Chapter 5.99, Section 5.99.030, Chapter 5.100, Sections 5.100.080, 5.100.310; and Title 16, Chapter 16.20, Section 16.20.020 and Chapter 16.80, Section 16.80.195 of the Stockton Municipal Code Relating to the Cannabis Regulatory Program. 2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the ordinance adopted by Council. Department: Community Development Attachments: Attachment A - Planning Commission 12-9-21 Minutes Attachment B1 - Proposed Ordinance - Option 1 Attachment B2 - Proposed Ordinance - Option 2 Attachment B3 - Proposed Ordinance - Option 3 Attachment B4 - Proposed Ordinance - Option 4 Attachment C - Recommendation Summary Matrix Attachment D - Location Requirement Options Attachment E - Best Practices Report Attachment F - Equity Analysis Report 16.1 - PPT - Cannabis Ordinance Amendment 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 February 23, 2022, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 9 Printed on 2/24/2022 City Council/Successor Agency to Meeting Agenda - - Revised March 1, 2022 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 10 Printed on 2/24/2022