City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - Final Authority/Parking Authority Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Kevin J. Lincoln II (At Large) Mayor/Chair Christina Fugazi (District 5) Vice Mayor/Vice Chair Sol Jobrack (District 1) Daniel R. Wright (District 2) Paul Canepa (District 3) Susan Lenz (District 4) Kimberly Warmsley (District 6) Tuesday, September 13, 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 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 22-0811 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Fire Fighter Engineer Robert Forster, (Workers’ Compensation Appeals Board Case No. ADJ unassigned) 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(d) (1) of the Government Code. Department: City Attorney 3.2 22-0812 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 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 22-0813 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-0814 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-0815 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 22-0837 PUBLIC EMPLOYEE APPOINTMENT: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.7 22-0816 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One City of Stockton Page 2 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(2). Department: City Attorney 4. CLOSED SESSION 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 10.1 22-0807 PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK - SEPTEMBER 18-24, 2022 Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 22-0732 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2022 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended June 30, 2022. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report 6-30-2022 Attachment B - Certification of Quarterly Investment Report 12.2 22-0839 ADOPT A RESOLUTION APPOINTING LORI M. ASUNCION AS CITY ATTORNEY FOR THE CITY OF STOCKTON, AUTHORIZING MAYOR TO EXECUTE THE EMPLOYMENT CONTRACT, AND AUTHORIZE STAFF TO AMEND CITY OF STOCKTON SALARY SCHEDULE TO REFLECT INCREASE IN CITY ATTORNEY BASE SALARY City of Stockton Page 3 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution confirming the appointment of Lori M. Asuncion as City Attorney for the City of Stockton and authorize Mayor, on behalf of the City Council, to execute an employment contract setting forth the terms and conditions of employment with Lori M. Asuncion, effective September 13, 2022, and authorize staff to amend City of Stockton salary schedule to reflect increase in City Attorney base salary. Department: City Attorney Attachments: Proposed Resolution Exhibit 1 12.3 22-0875 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of July 12, 2022 and July 26, 2022 Department: City Clerk Attachments: Attachment A – 2022-07-12 Minutes Attachment B - 2022-07-26 Minutes 12.4 22-0738 APPROVE RESPONSES TO THE 2021-22 SAN JOAQUIN COUNTY GRAND JURY REPORT ON CYBERSECURITY, CASE NO. 0321 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the City's responses to the 2021-22 Civil Grand Jury Report titled "San Joaquin County and Its Seven Cities: Cybersecurity: Local Defense Against a Global Threat," Case No. 0321, and direct the City Manager to sign the response on behalf of the City Council and transmit the response to the Presiding Judge of the San Joaquin County Superior Court. Department: City Manager Attachments: Attachment A - Grand Jury Report on Cybersecurity Attachment B - City of Stockton Response Letter Attachment C - Ransomware Attack Response Policy 12.5 22-0750 APPROVE A RESOLUTION ADOPTING A CITY COUNCIL POLICY REGARDING SINGLE-USE PLASTICS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution adopting a City Council Policy establishing rules to restrict, promote, and encourage environmentally sustainable practices regarding purchase and distribution of single-use plastics by City representatives and contractors. City of Stockton Page 4 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Manager Attachments: Proposed Resolution - Single-Use Plastics Policy Exhibit 1 - Council Policy 2.08 - Single-Use Plastics 12.6 22-0539 RESOLUTION AUTHORIZING AN AGREEMENT WITH ELEVATOR TECHNOLOGY, INC., TO REPAIR AND UPGRADE ELEVATORS WITHIN THE FIVE PARKING FACILITIES IN DOWNTOWN STOCKTON Recommended Action: RECOMMENDATION It is recommended that the Board of the Parking Authority of the City of Stockton adopt a Resolution: 1. Authorizing the Executive Director, or designee, to execute an agreement with Elevator Technology, Inc. (ETI), to repair and upgrade the elevators within the five (5) parking facilities (garages) located in downtown Stockton. 2. Authorizing the Executive Director, or designee, to take all appropriate actions to carry out the purpose and intent of this Resolution. Department: Economic Development Attachments: Attachment A - Parking Facilities Map Attachment B - Resolution PFA 2019-12-17-1501 Proposed Resolution - Elevator Project Exhibit 1 - Elevator Technology, Inc. Contract 12.7 22-0757 APPROVE A RESOLUTION TO APPOINT THE CITY MANAGER AS THE PLAN ADMINISTRATOR OF THE CITY’S DEFINED CONTRIBUTION PLANS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to appoint the City Manager as the Plan Administrator of the City's Defined Contribution Plans. 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 action. Department: Human Resources Attachments: Proposed Resolution 12.8 22-0764 APPROVE A MEMORANDUM OF UNDERSTANDING WITH SAN JOAQUIN COUNTY PUBLIC HEALTH SERVICES TO PROVIDE WASTEWATER INFLUENT SAMPLES FOR COVID-19 VIRUS ANALYSIS BY BIOBOT ANALYTICS City of Stockton Page 5 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve by resolution a memorandum of understanding with the San Joaquin County Public Health Services for sampling wastewater influent for COVID-19 testing by Biobot Analytics. 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 action. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - Memorandum of Understanding 12.9 22-0758 APPROVE RESOLUTION ACCEPTING THE STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, CANNABIS TAX FUND GRANT PROGRAM AWARD FROM THE STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, IN THE AMOUNT OF $138,499.30 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Authorize the City Manager, or designee, to accept a California Highway Patrol, Cannabis Tax Fund Grant Program grant award from the State of California, California Highway Patrol in the amount of $138,499.30; 2. Authorize the City Manager, or designee, to execute Grant Agreement 9631 and all related documents to carry out the purpose and intent of the grant award; 3. Amend the Fiscal Year 2022-23 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $138,499.30; and 4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Police Attachments: Proposed Resolution Exhibit 1 - Grant Agreement 9631 12.10 22-0739 APPROVE MOTION TO AWARD A CONSTRUCTION CONTRACT FOR THE VAN BUSKIRK COMMUNITY CENTER GYM FLOOR REPLACEMENT PROJECT City of Stockton Page 6 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Construction Contract in the amount not to exceed $190,604 to H.Y. Floor and Gameline Painting, Inc. of San Carlos, CA, for the Van Buskirk Community Center Gym Floor Replacement, Project No. WC22003. 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 - Construction Contract 12.11 22-0817 ADOPT RESOLUTION TO PURCHASE ONE FIRE ENGINE 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 the use of a Cooperative Purchasing Agreement through Sourcewell Contract No. 113021 to provide the City access to preferential pricing of firefighting apparatus from Pierce Manufacturing, Inc. 3. Authorize the City Manager to execute a contract in the amount of $776,401.10 with Pierce Manufacturing, Inc. through affiliated vendor, Golden State Fire Apparatus of Sacramento, CA, to purchase one fire engine. 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: Proposed Resolution - Purchase of One Fire Engine Exhibit 1 - Cooperative Agreement 12.12 22-0556 ADOPT RESOLUTION TO AUTHORIZE THE COUNTY-CITY AGREEMENTS FOR THE OPERATION AND MAINTENANCE OF THE TRAFFIC SIGNALS AT THE INTERSECTIONS OF AUSTIN ROAD AND ARCH ROAD, AND AUSTIN ROAD AND MARIPOSA ROAD City of Stockton Page 7 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute two agreements with San Joaquin County to share with the City the cost to operate and maintain the traffic signals at the intersections of Austin Road and Arch Road, and Austin Road and Mariposa Road. 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 - Austin Road/Arch Road Attachment B - Austin Road/Mariposa Road Proposed Resolution Exhibit 1 - Austin/Arch Road Agreement Exhibit 2 - Austin/Mariposa Road Ageement 12.13 22-0570 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE STOCKTON SAFE ROUTES TO SCHOOL SAFETY AND CONNECTIVITY IMPROVEMENTS 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 $300,000, for the design of the Stockton Safe Routes to School Safety and Connectivity Improvements, Project No. WT19005/Federal Project No. ATPSB1L-5008(189). 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 12.14 22-0665 ADOPT RESOLUTION TO AUTHORIZE THE LINCOLN STREET AND EIGHTH STREET ROUNDABOUT PROJECT City of Stockton Page 8 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 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 Notice of Exemption No. NOE42-20 under the California Environmental Quality Act for the Lincoln Street and Eighth Street Roundabout, Project No. WT17021/Federal Project No. CML-5008(176). 2. Approve the plans and specifications for the Lincoln Street and Eighth Street Roundabout, Project No. WT17021/Federal Project No. CML-5008(176). 3. Appropriate funds in the amount of $265,000 from the Measure K Maintenance Fund Balance to the Lincoln Street and Eighth Street Roundabout, Project No. WT17021/Federal Project No. CML-5008(176). 4. Award a Construction Contract in the amount of $1,045,569.50 to George Reed, Inc. of Modesto, CA, for the Lincoln Street and Eighth Street Roundabout, Project No. WT17021/Federal Project No. CML-5008(176). 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 Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.15 22-0675 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE HSIP 10 - LEFT-TURN POCKETS 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 $141,700, for the design of the HSIP 10 - Left-Turn Pockets, Project No. WT22046/Federal Project No. HSIPSL-5008(195). 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 City of Stockton Page 9 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12.16 22-0689 ADOPT RESOLUTION TO AUTHORIZE THE SIDEWALK, CURB, AND GUTTER REPAIRS PROGRAM FY 2021-22 SB1 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE6-22 under the California Environmental Quality Act for the Sidewalk, Curb, and Gutter Repairs Program FY 2021-22 SB1, Project No. WD22004. 2. Approve the plans and specifications for the Sidewalk, Curb, and Gutter Repairs Program FY 2021-22 SB1, Project No. WD22004. 3. Award a Construction Contract in the amount of $1,265,240 to United Pavement Maintenance, Inc. of Hughson, CA, for the Sidewalk, Curb, and Gutter Repairs Program FY 2021-22 SB1, Project No. WD22004. 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 - Location List Attachment B - Project Map Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.17 22-0701 ADOPT RESOLUTION TO AUTHORIZE THE SIDEWALK REPLACEMENT PROJECT City of Stockton Page 10 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 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 Notice of Exemption No. NOE14-22 under the California Environmental Quality Act for the Sidewalk Replacement, Project No. WD22017. 2. Approve the plans and specifications for the Sidewalk Replacement, Project No. WD22017. 3. Award a Construction Contract in the amount of $150,040 to United Pavement Maintenance, Inc. of Hughson, CA, for the Sidewalk Replacement, Project No. WD22017. 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 Exhibit 1 - NOE14-22 Exhibit 2 - Construction Contract 12.18 22-0704 ADOPT RESOLUTION TO AUTHORIZE THE CITY STREET RE-STRIPING FY 2021-22 SB1 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE20-22 under the California Environmental Quality Act for the City Street Re-Striping FY 2021-22 SB1, Project No. WD22009. 2. Approve the plans and specifications for the City Street Re-Striping FY 2021-22 SB1, Project No. WD22009. 3. Award a Construction Contract in the amount of $297,315 to Chrisp Company of Stockton, CA, for the City Street Re-Striping FY 2021-22 SB1, Project No. WD22009. 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 11 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - NOE20-22 Exhibit 2 - Construction Contract 12.19 22-0712 ADOPT RESOLUTION TO AUTHORIZE THE SMITH CANAL FOOTBRIDGE FENCING REPLACEMENT PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE7-22 under the California Environmental Quality Act for the Smith Canal Footbridge Fencing Replacement, Project No. WC21014. 2. Approve the plans and specifications for the Smith Canal Footbridge Fencing Replacement, Project No. WC21014. 3. Award a Construction Contract in the amount of $127,314.40 to Stockton Fence & Material Co., of Stockton, CA, for the Smith Canal Footbridge Fencing Replacement, Project No. WC21014. 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 Exhibit 1 - NOE 7-22 Exhibit 2 - Construction Contract 12.20 22-0713 APPROVE MOTION TO AWARD SERVICE CONTRACT FOR THE ROOF MAINTENANCE AND ON-CALL LEAK RESPONSE PROJECT City of Stockton Page 12 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a multi-year Service Contract through June 30, 2027, in the amount not to exceed $1,099,966, to D.K. Enterprises, Inc. DBA King's Roofing of Patterson, CA, for Roof Maintenance and On-Call Leak Response, Project No. OM-22-040. 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 - Service Contract with King's Roofing Attachment B - Financial Breakdown 12.21 22-0715 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 Notice of Exemption No. NOE21-22 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD22004. 2. Approve the plans and specifications for the ADA Curb Ramp Installation, Project No. WD22004 3. Transfer funds in the amount of $102,324.45 from the Sidewalk, Curb, and Gutter Repairs Program FY 2019-20, Project No. WD19015 (formerly PW1915), to the ADA Curb Ramp Installation, Project No. WD22004. 4. Appropriate funds in the amount of $170,000 from the Measure K Maintenance Fund to the ADA Curb Ramp Installation, Project No. WD22004. 5. Award a Construction Contract in the amount of $450,000 to BGS Builders, Inc. of Stockton, CA, for the ADA Curb Ramp Installation, Project No. WD22004. 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 13 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Location List Attachment B - Vicinity Map Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract with BGS Builders 12.22 22-0716 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2021-22 SB1 - MICRO-SURFACING PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE18-22 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2021-22 SB1 - Micro-Surfacing, Project No. WT22003. 2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2021-22 SB1 - Micro-Surfacing, Project No. WT22003. 3. Award a Construction Contract in the amount of $709,288 to Pavement Coatings, Co. of Sacramento, CA, for the Local Street Resurfacing Program FY 2021-22 SB1 - Micro-Surfacing, Project No. WT22003. 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 - VSS International, Inc. Bid Protest Letter Attachment C - Pavement Coatings, Co. Bid Protest Letter Attachment D - City Bid Protest Determination Letter Proposed Resolution Exhibit 1 - NOE18-22 Exhibit 2 - Construction Contract with Pavement Coatings Co. 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 22-0709 CONSIDER A MEMORANDUM OF UNDERSTANDING ALLOWING STOCKTON UNIFIED SCHOOL DISTRICT’S FAMILY RESOURCE City of Stockton Page 14 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent PROGRAM USE OF CITY MICRO LIBRARY SPACE AT ARNOLD RUE AND STRIBLEY COMMUNITY CENTERS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to enter into a memorandum of understanding (MOU) providing Stockton Unified School District's (SUSD) Family Resource Program space to operate in the City's Micro Libraries at Stribley and Arnold Rue Community Centers. This action will also authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Community Services Attachments: Attachment A - Facility Use Agmt Stribley and Arnold Rue Micro Libraries 15.2 22-0763 APPROVE A MARKETING AGREEMENT FOR THE NATIONAL LEAGUE OF CITIES SERVICE LINE WARRANTY PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City to enter into a Marketing Agreement with Utility Service Partners Inc. to offer the National League of Cities Service Line warranty program to homeowners in the City of Stockton's Service Area over an initial term of five (5) years; and 2. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Updated Brand Fee Agreement 15.2 - PPT - NLC Service Line Program 15.3 22-0767 AUTHORIZE PURCHASE OF AN OMNI CATAMARAN MULTI-PURPOSE WORKBOAT AND ACCESSORIES FROM ELASTEC INC. FOR THE MCLEOD LAKE MAINTENANCE PROGRAM City of Stockton Page 15 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 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 findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 2. Authorize the City Manager to execute the purchase of an Omni Catamaran multi-purpose workboat and proprietary accessories from Elastec Inc. of Carmi, Illinois for $133,276.71. 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 - Quote Proposed Resolution 15.3 - PPT - Omni Catamaran for McLeod Lake 15.4 22-0805 APPROVE A RESOLUTION AND ORDINANCE TO AUTHORIZE THE CITY OF STOCKTON’S MEMBERSHIP IN THE EAST BAY COMMUNITY ENERGY AUTHORITY AND PARTICIPATION IN ITS COMMUNITY CHOICE AGGREGATION PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt a resolution approving the agreement titled "East Bay Community Energy Authority - Joint Powers Agreement" in order to participate with other signatories in a Community Choice Aggregation JPA for regional municipalities and authorizing the City Manager to execute the agreement. 2. Adopt an ordinance approving the East Bay Community Energy Authority Joint Powers Agreement and Authorizing Implementation of its Community Choice Aggregation Program It is also recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the resolution and ordinance. Department: City Manager Attachments: Attachment A - EBCE Letter to City 5.12.2022 Attachment B - CCA Feasibility Study Attachment C - EBCE Joint Powers Agreement Proposed Resolution Proposed Ordinance 15.4 - PPT - Community Choice Aggregation City of Stockton Page 16 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 15.5 22-0770 ADOPT AN ORDINANCE AMENDING THE STOCKTON MUNICIPAL CODE BY ADDING CHAPTER 8.94, RELATING TO THE FLYING OF UNMANNED AIRCRAFT SYSTEMS IN THE PORT OF STOCKTON ZONING DISTRICT Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an ordinance amending the Stockton Municipal Code by adding Chapter 8.94, relating to the flying of unmanned aircraft systems (UAS/drones) in the Port of Stockton (PT) zoning district. 2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance. Department: Police Attachments: Proposed Ordinance 15.5 - PPT - Unmanned Aircraft Flight 15.6 22-0804 APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION Recommended Action: RECOMMENDATION Adopt a resolution appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2025. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - CSC Appointment 15.7 22-0876 DISCUSSION ON YOUTH PILOT PROGRAM Department: Office of the Mayor 15.8 22-0877 ADOPT A RESOLUTION RENAMING BROOKVIEW COURT AS FMF DOC GNEM COURT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the City Manager to process a street name change to rename "Brookview Court" as "FMF DOC GNEM Court" with the next 30 days. 2. Authorizing the City Manager to take other actions which are necessary and appropriate to carry out the purpose and intent of this Resolution. City of Stockton Page 17 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Office of the Mayor Attachments: Proposed Resolution 16. HEARINGS** 16.1 22-0702 ADOPT A RESOLUTION TO ESTABLISH A NEW FEE TO FILE A COMMERCIAL CANNABIS LOTTERY APPLICATION Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to: 1. Approve the amendment of Fiscal Year (FY) 2022-23 Fee Schedule to create a new fee to file an application for the Commercial Cannabis Lottery program in the amount of $200.00, commencing on 10/01/2022; and 2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intend of the resolution. Department: Community Development Attachments: Proposed Resolution - New Application Processing Fee Exhibit 1 - Proposed Fee 16.1 - PPT - Cannabis Lottery Application 16.2 22-0605 CONDUCT A PUBLIC HEARING FOR THE FORMATION OF THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT City of Stockton Page 18 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council conduct a Public Hearing to consider public comment and testimony regarding the approval and adoption for the formation of the Miracle Mile Community Improvement District (MMCID). At the conclusion of the public input portion of the public hearing, it is recommended that the City Clerk tabulate all ballots received. If after tabulation of the ballots, the ballots in favor of the MMCID formation exceed the opposition (weighted by the amount of the assessment), it is recommended that the City Council adopt a resolution to: 1. Approve the formation of the Miracle Mile Community Improvement District authorized under the City of Stockton's Community Improvement District Ordinance 2022-03-12-211 (Attachment A - SMC Ordinance) and designated as the "Miracle Mile Community Improvement District No. 2022-01," with separate benefit zones designated "Zone 1," "Zone 2," "Zone 3," and "Zone 4," the boundaries of which are shown in the Boundary Map (Exhibit 1 to the Resolution); 2. Approve the assessment formula and levying of the assessments; 3. Declare the assessment is lawfully authorized and direct the Clerk to cause the Boundary Map to be filed in the Office of the San Joaquin County Recorder and, concurrently therewith, to record a Notice of Assessment with respect to the properties in the Office of the County Recorder of the County of San Joaquin; 4. Approve and adopt the final Management District Plan and Engineer's Report (Exhibit 2 to the Resolution); and 5. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - SMC Ordinance #2022-03-22-1211 Proposed Resolution - MMCID 2022 Exhibit 1 - MMCID Map Exhibit 2 - Management District Plan & Engineer's Report 16.2 - PPT - MMID 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT City of Stockton Page 19 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent INFORMATIONAL ITEMS 1. 22-0861 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: CSC 2021-11-12 CSC 2022-01-20 MTF 2022-01-07 MTF 2022-02-02 MTF 2022-02-18 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 September 8, 2022 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 20 Printed on 9/8/2022 City Council/Successor Agency to Meeting Agenda - Final September 13, 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 a person with a disability 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) 937-8458, 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 21 Printed on 9/8/2022