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 7, 2023 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM :: Regular Session 5:30 PM Councilmember Dan Wright and Councilmember Kimberly Warmsley will participate in the meeting via teleconference from the following location: Marriott Riverside at the convention center, Lobby 3400 Market St. Riverside, CA 95201 Councilmember Brando Villapudua will participate in the meeting via teleconference from the following location: 74-855 Country Club Dr., Lobby Palm Desert, CA 952260 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 23-0107 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: City of Stockton v. Christopher Bennitt, et al. (San Joaquin County Superior Court Case No. STK-CV-UMCP-2017-11550) 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 City of Stockton Page 1 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 3.2 23-0109 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 23-0111 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 23-0113 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 23-0115 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 23-0117 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 City of Stockton Page 2 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 23-0207 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of November 1, 2022, November 15, 2022, December 6, 2022, and December 13, 2022 Department: City Clerk Attachments: Attachment A - 2022-11-01 Minutes Attachment B - 2022-11-15 Minutes Attachment C - 2022-12-06 Minutes Attachment D - 2022-12-13 Minutes 12.2 23-0208 APPOINTMENT TO THE SAN JOAQUIN COUNTY COMMISSION ON AGING Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution appointing Karol Ford to the San Joaquin County Commission on Aging for a term commencing immediately and ending March 7, 2026. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Appointment Aging 12.3 23-0226 ADOPT A RESOLUTION APPOINTING A MEMBER TO THE City of Stockton Page 3 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEASURE W OVERSIGHT COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Mary Holloway to the Measure W Oversight Committee for a term beginning immediately and ending on January 31, 2025. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Measure W 12.4 23-0044 APPROVE APPOINTMENTS TO THE CULTURAL HERITAGE BOARD Recommended Action: RECOMMENDATION It is recommended that the City Council approve the appointment of eight (8) persons to the Cultural Heritage Board for the terms outlined in the proposed resolution. Department: Community Development Attachments: Attachment A - Planning Commission minutes 1-26-23 Attachment B - Planning Commission minutes 2-9-23 Attachment C - Redacted Applications Proposed Resolution - Appointing CHB Members 12.5 23-0054 ADOPT TWO RESOLUTIONS AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR A PROHOUSING DESIGNATION TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION UNDER THE PROHOUSING INCENTIVE PILOT PROGRAM; AND IF AWARDED, ACCEPT AND APPROPRIATE GRANT FUNDING City of Stockton Page 4 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Authorize the City Manager, or designee, to submit an application for a Prohousing Designation to the California Department of Housing and Community Development; 2. Authorize the City Manager, or designee, to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Prohousing Designation Program; 3. Authorize the City Manager, or designee, to accept and appropriate grant revenues and expenditures; and 4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution. It is further recommended that the City Council approve a resolution to: 1. Authorize the City Manager, or designee, to submit a grant application to the California Department of Housing and Community Development for the Prohousing Incentive Pilot Program; 2. Authorize the City Manager, or designee, to accept the grant award, enter into, execute, and deliver on behalf of the City of Stockton any and all documents including applications, agreements, amendments, and payment requests deemed necessary to secure the Prohousing Pilot Program grant, and make all necessary appropriations in compliance with and for the purposes stated in the grant application; and 3. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Consecutive Prohousing Designation Program Proposed Resolution - Prohousing Application Proposed Resolution - PIP Program 12.6 23-0131 APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR THE POLICE DEPARTMENT AND CITY VEHICLE UP-FITTING PROJECT City of Stockton Page 5 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 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, 2025, in the amount not to exceed $2,158,045.80, to Stommel, Inc. dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022. 2. Authorize the City Manager to execute up to three optional one-year extensions to this Service Contract upon completion of the original term, in the amount not to exceed $2,492,720.10, for a total amount of $4,650,765.90 with extensions. 3. 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 - Contract for Services Attachment B - Funding Breakdown Over Contract Term 12.7 23-0048 APPROVE MOTION TO EXECUTE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 5 FOR THE NORTHEAST STOCKTON LIBRARY AND RECREATION CENTER PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to authorize Professional Services Contract Amendment No. 5 in the amount of $240,380 with Architectural Nexus, Inc. for additional design services for the Northeast Stockton Library and Recreation Center, Project No. CL17024. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Amendment No 5 12.8 23-0053 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE PERSHING AVENUE SEWER TRUNK REHABILITATION PROJECT City of Stockton Page 6 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 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 Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $125,400, for design of the Pershing Avenue Sewer Trunk Rehabilitation, Project No. UW22003. 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 12.9 22-1117 ADOPT RESOLUTION TO AUTHORIZE TRANSFER OF FUNDS FOR LIGHTING AND PLAYGROUND EQUIPMENT UPGRADES AT S.L. FONG PARK Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to transfer funds in the amount of $57,776.03 from two zones of the Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 Reserves for Continuing Appropriations Accounts to fund lighting and playground equipment upgrades at S.L. Fong Park. 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 12.10 22-1125 APPROVE MOTION TO EXECUTE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 3 FOR THE NORTHEAST STOCKTON LIBRARY AND COMMUNITY CENTER PROJECT City of Stockton Page 7 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to authorize Professional Services Contract Amendment No. 3 in the amount of $413,000 with Griffin Structures, Inc. for the Northeast Stockton Library and Community Center, Project No. CL17024. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Amendment No 3 12.11 22-1127 ADOPT RESOLUTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 5 AND TRANSFER FUNDING FOR THE MARCH LANE/EAST BAY MUD BICYCLE AND PEDESTRIAN PATH CONNECTIVITY IMPROVEMENTS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to authorize Balancing Contract Change Order No. 5 in the amount of $62,287.33 with McFadden Construction, Inc. for the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. WT17022/Federal Project No. ATPCML-5008(179). 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 - Balancing CCO No. 5 12.12 23-0002 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE WEST LANE QUEUE CUTTER PROJECT City of Stockton Page 8 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 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 Professional Services Contract to Kimley-Horn and Associates, Inc. of Oakland, CA, in the amount of $298,716.60, for design of the West Lane Queue Cutter, Project No. WT22008/Federal Project No. STPLR-7500(289). 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 12.13 23-0010 ADOPT RESOLUTION TO AUTHORIZE THE DOWNTOWN DECORATIVE STREETLIGHT LED CONVERSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE28-22 under the California Environmental Quality Act for the Downtown Decorative Streetlight LED Conversion, Project No. WD22016. 2. Approve the plans and specifications for the Downtown Decorative Streetlight LED Conversion, Project No. WD22016. 3. Award a Construction Contract in the amount of $597,852 to Tim Paxin's Pacific Excavation, Inc., dba Pacific Excavation, of Elk Grove, CA, for the Downtown Decorative Streetlight LED Conversion, Project No. WD22016. 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 Map Proposed Resolution Exhibit 1 - Notice of Exemption NOE28-22 Exhibit 2 - Construction Contract 13. ADMINISTRATIVE MATTERS City of Stockton Page 9 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 23-0157 ADOPT THE 2023 STORMWATER MASTER PLAN IN SUPPORT OF THE ENVISION STOCKTON 2040 GENERAL PLAN UPDATE Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Approve the determination pursuant to the California Environmental Quality Act (CEQA) guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) that the preparation of the 2023 Stormwater Master Plan is exempt and no further environmental review is required. 2. Approve a resolution to adopt the 2023 Stormwater Master Plan prepared in support of the Envision Stockton 2040 General Plan Update. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - 2023 Stormwater Master Plan PPT - 15.1 - Stormwater Master Plan 16. HEARINGS** 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 23-0211 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: CSC 2022-10-20 CSC 2022-12-15 Leg Committee 2022-11-16 PC 2022-09-22 City of Stockton Page 10 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on March 3, 2023 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 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 City of Stockton Page 12 Printed on 3/3/2023 City Council/Successor Agency to Meeting Agenda - - Revised March 7, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 13 Printed on 3/3/2023