City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - Final 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, December 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 Vice Mayor Christina Fugazi will participate in the meeting via teleconference from the following location: DoubleTree Hotel London - Tower of London 7 Pepys Street, Lobby London EC3N 4AF England 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 22-1152 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(d) (1) of the Government Code. Department: City Attorney 3.2 22-1154 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 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 22-1156 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-1158 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-1160 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 22-1161 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(d)(2). Department: City Attorney 4. CLOSED SESSION PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION City of Stockton Page 2 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 22-1187 APPOINTMENT TO THE STOCKTON PORT COMMISSION Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution reappointing Commissioner Anthony Barkett to the Stockton Port Commission, for a term commencing January 16, 2023 and ending January 15, 2027. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Port Commission Appointment 12.2 22-1196 APPOINTMENT TO THE STOCKTON PARKS AND RECREATION COMMISSION Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution appointing Spencer Lockwood and Virtu Arora to the Stockton Parks and Recreation Commission, for terms commencing January 1, 2023 and ending December 31, 2026. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - PR Commission Appointment 12.3 22-1197 ADOPT A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE NOVEMBER 8, 2022, CITY OF STOCKTON, GENERAL MUNICIPAL ELECTION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution accepting the results of the November 8, 2022, City of Stockton, General Municipal Election as certified by the San Joaquin County Registrar of Voters. City of Stockton Page 3 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Clerk Attachments: Proposed Resolution - Certifying Election Results Exhibit 1 - Certificate of Election Results Exhibit 2 - Statement of Votes 12.4 22-1120 LEASE WITH CALTRANS FOR AREA UNDER THE CROSSTOWN FREEWAY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing an amendment of Airspace Ground Lease No. 10-SJX005-0100-01 between the State of California, Department of Transportation (Caltrans) and the City of Stockton; and 2. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Attachment C - Resolution 01-0478 Attachment D - Resolution 2018-07-21-1402-02 - Shelter expansion Proposed Resolution - CalTrans Lease Amendment - Stockton Shelter Exhibit 1 - Amendment Right of Way Use Agreement 12.5 22-1146 APPROVE MOTION TO INCREASE ANNUAL ANIMAL SERVICES MEDICAL SUPPLY PURCHASES AMOUNT TO $297,000 Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion to: 1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process. 2. Increase the annual purchase of medicine and medical supplies for the Stockton Police Department Animal Shelter from MWI Veterinary Supply, Inc. (MWI) in the amount of $297,000. Department: Police 12.6 22-1147 APPROVE MOTION TO AMEND A COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT TO PURCHASE NEW LOCKERS FOR THE STOCKTON POLICE DEPARTMENT WOMEN’S LOCKER ROOM City of Stockton Page 4 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 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. Authorize the City Manager to amend a Cooperative/Piggyback Purchase Agreement utilizing the Sourcewell Contract Number 121919 and execute an agreement with Krueger International, Inc. dba KI for the purchase and installation of lockers as part of Stockton's Police Department Basement Remodel project, adding $210,000 for a total not-to-exceed cost of $565,163; and 2. Authorize and direct the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion. Department: Police Attachments: Attachment A - Proposal with Amendment 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 22-1198 APPROVE ORDINANCES AMENDING THE MORATORIUMS ON RESIDENTIAL AND NON-RESIDENTIAL TENANT EVICTIONS WHERE THE FAILURE TO PAY RENT WAS A RESULT OF COVID-19 Recommended Action: RECOMMENDATION It is recommended that the City Council approve: 1. An ordinance amending Ordinance 2020-06-09-1402, the moratorium on residential tenant evictions due to COVID-19; and 2. An ordinance amending Ordinance 2021-01-12-0802-02, the moratorium on evictions of certain non-residential tenants where failure to pay rent results from COVID-19. Department: City Manager Attachments: Attachment A - Approved Residential Eviction Moratorium Attachment B - Approved Non-Residential Eviction Moratorium Proposed Ordinance - Amendment to Residential Eviction Moratorium Proposed Ordinance - Amendment to Non-Residential Eviction Moratorium 15.2 22-1111 ACCEPT THE FISCAL YEAR 2021-22 FOURTH QUARTER BUDGET STATUS UPDATE, AUTHORIZE BUDGET AMENDMENTS, AND MAKE ALLOCATIONS TO GENERAL FUND RESERVES City of Stockton Page 5 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 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. Accept this budget status report on the unaudited results of the fourth quarter of Fiscal Year (FY) 2021-22. 2. Allocate the General Fund Vacancy Savings budget reduction for FY 2021-22 from Other Administration (Non-Departmental) category to the following departments: Reduce Expenditure Budget: Department Amount a. City Clerk ($82,120) b. Office of Violence Prevention ($123,000) c. Economic Development ($86,000) Increase Expenditure Budget: Other Administration (Non-Departmental) $291,120 3. Authorize the following budget amendment to cover FY 2021-22 overage: a. Increase expenditure appropriation of $18,000 in the Downtown Marina Fund (640) from fund balance due to an equipment acquisition not being recorded in FY 2020-21 and therefore recorded in FY 2021-22. 4. Authorize a reserve for future appropriation of $2,500,000 from FY 2021-22 available funds to be added to $1,100,000 remaining from June 30, 2021 for a total of $3,600,000 to fund the estimated increase in future year Assured Guaranty Settlement contingent payments. 5. Authorize a remittance in the amount of $10,000,000 to Public Agency Retirement Services (PARS) for deposit to the City of Stockton Public Agency Post Employment Benefits Trust (Trust) from the General Fund. 6. Authorize FY 2022-23 General Fund appropriation, including fund transfers, from General Fund balance for $5,667,000 in Council priority projects and authorize the reallocation of up to $440,000 in remaining balances from the FY 2020-21 Council priority projects to the FY 2022-23 Council priority projects. The specific projects to be funded will be determined following review by the Council Budget / Finance / Economic Development Committee and approval by the full City Council. 7. Allocate available fund balance to reserve categories consistent with the Council Reserve and Fund Balance Policy - General Fund Policy. The net increase in fund balance will be added to the current reserve levels to achieve the total reserve amounts as follows: Priority 1 Reserves Working Capital $47,200,000 Known Contingency $55,300,000 Priority 2 Reserves City of Stockton Page 6 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Risk-Based Reserves $10,800,000 It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Administrative Services Attachments: Attachment A - FY 2021-22 General Fund Year-End Report Attachment B - FY 2021-22 General Fund Revenues Attachment C - Project List Attachment D - Other Fund Summary FY 2020-21 Proposed Resolution - FY 2021-22 4th Quarter 15.2 - PPT - FY 21-22 4th Quarter Budget Update 16. HEARINGS** 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1 22-1190 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2023 Recommended Action: This notice is given in compliance with the requirements of the Maddy Act, California Government Code Section 54970 et. seq. This item is information only; no action required. Department: City Clerk Attachments: 2023 Local Appointment List - Maddy Act City of Stockton Page 7 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 13, 2022 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 December 8, 2022 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 8 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent PUBLIC COMMENTS *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. 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. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***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 City of Stockton Page 9 Printed on 12/9/2022 City Council/Successor Agency to Meeting Agenda - Final December 13, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 12/9/2022