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 Tuesday, April 4, 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 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 23-0278 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Kevin Brasley, et al. v. City Council of Stockton, et al. (United States District Court, Eastern District, Case No. 2:20-CV-01967-JAM-CKD) 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 23-0300 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 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 23-0301 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 23-0302 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 23-0305 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 23-0303 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* City of Stockton Page 2 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 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 23-0350 PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL APPRECIATION WEEK - APRIL 19-15, 2023 Department: Office of the Mayor 10.2 23-0351 PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 9-15, 2023 Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 23-0312 ADOPT RESOLUTION TO ACCEPT A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS City of Stockton Page 3 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the City Manager to accept a grant from the Federal Emergency Management Agency (FEMA) for the 2021 Assistance to Firefighters Grant in the amount of $687,272.72 for the replacement of 108 self-contained breathing apparatus (SCBA) systems. 2. Authorize the City Manager to appropriate $68,727.28 from the Measure W Public Safety Fund balance to cover the required 10 percent of federal fund local match for the replacement of 108 SCBA systems. 3. Authorize the City Manager to appropriate $121,580.80 from the Measure W Public Safety Fund balance for the replacement of 20 additional SCBA systems. 4. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 5. Approve the use of a California Department of General Services Contract No. 1-22-42-04 to provide the City access to preferential pricing of Scott brand SCBA from Allstar Fire Equipment, Inc. 6. Authorize the City Manager to execute a participating agreement in the amount of $877,580.80 with Allstar Fire Equipment, Inc. to purchase 128 SCBA systems. 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: Fire Attachments: Attachment A - Award Letter Attachment B - Allstar Fire Equipment Agreement Proposed Resolution 12.2 23-0317 APPROVE A MOTION AUTHORIZING A NON-EXCLUSIVE PURCHASE AGREEMENT WITH ALLSTAR FIRE EQUIPMENT FOR LION BRAND TURNOUTS AND RELATED PERSONAL PROTECTIVE EQUIPMENT AND RATIFY THE EMERGENCY PURCHASE OF 20 SETS OF LION TURNOUTS City of Stockton Page 4 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to: 1. Approve findings and ratifying City Manager's approval of an emergency purchase order issued February 6, 2023, for the purchase of 20 sets of Lion turnouts for $87,766.80. 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 3. Authorize the City Manager to execute a non-exclusive purchase agreement with Allstar Fire Equipment, Inc. for the purchase of Lion brand turnouts and related personal protective equipment. The agreement will be for an amount not to exceed $1,500,000. 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: Fire Attachments: Attachment A - Allstar Fire Equipment Inc. Agreement Attachment B - Emergency Purchase Order 22303602 12.3 23-0209 APPROVE A MOTION TO INCREASE FUNDING FOR NATIONAL IPA COOPERATIVE AGREEMENT FOR INFORMATION TECHNOLOGY SOLUTIONS AND SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Add funding to the National IPA (NIPA) Cooperative Agreement Contract Number 2018011-01 approved by Council on March 10, 2020, Motion 2020-03-10-1401 with CDW Government LLC (CDW-G) for a term which ends on February 28, 2025, for Information Technology Solutions and Services from Dell Marketing L.P. for a total estimated additional amount of $2,060,000 and totaling $14,560,000 for the term of the contract (Attachment A); and 2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Information Technology Attachments: Attachment A - Amendment #3 12.4 23-0257 APPROVE MOTION TO INCREASE EXPENDITURE AUTHORITY FOR RADIO COMMUNICATIONS SYSTEM FOR ONE ADDITIONAL YEAR OF MAINTENANCE, REPAIRS AND SUPPORT OF THE CURRENT PUBLIC SAFETY RADIO SYSTEM WITH DELTA WIRELESS, INC. City of Stockton Page 5 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 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. Authorize the City Manager to spend a total estimated amount of $607,685 beginning July 1, 2023 through June 30, 2024 for public safety radio and infrastructure maintenance fees, non-covered repairs, and support services to Delta Wireless for the City's radio communication system; 2. Approve findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process; and 3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion. Department: Information Technology Attachments: Attachment A - Delta Wireless - Fire Adtran Attachment B - Delta Wireless - Radio Maintenance Attachment C - Delta Wireless Radio Amendment Attachment D - Delta Wireless Certification Letter Attachment E - Delta Wireless Quotes 12.5 23-0250 AWARD A CONSTRUCTION CONTRACT TO BLOCKA CONSTRUCTION, INC. FOR THE SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT REPLACEMENT AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET City of Stockton Page 6 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 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. NOE27-22 under the California Environmental Quality Act (CEQA) for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 1 to the Resolution). 2. Approve the project Plans and Specifications for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 2 to the Resolution). 3. Award a $239,500.00 Construction Contract to Blocka Construction, Inc. of Pleasanton, CA, for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 3 to the Resolution). 4. Authorize the appropriation of Wastewater Utility funds in the amount of $60,000.00 from Fund Balance to Smith Canal Sanitary Pump Station Odor Control Unit Replacement, Project No. UW23021. 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 - Plans and Specifications Exhibit 3 - Construction Contract 12.6 23-0251 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH LUHDORFF & SCALMANINI CONSULTING ENGINEERS FOR ADDITIONAL SERVICES AT WATER WELL NO. 33 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing Contract Amendment No. 1, in the amount of $52,250, with Luhdorff & Scalmanini Consulting Engineers for additional services at Water Well No. 33, Project No. UH22005. 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 City of Stockton Page 7 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - LSCE Contract Attachment B - LSCE Change Order Request Proposed Resolution Exhibit 1 - LSCE Contract Amendment No. 1 12.7 23-0252 ADOPT A RESOLUTION TO AUTHORIZE A FIVE-YEAR CONTRACT WITH BEST ENVIRONMENTAL FOR COGENERATION SYSTEM TESTING SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the plans and specifications for the Request for Proposals for the Source Testing for the Stockton Regional Wastewater Control Facility (PUR 23-003). 2. Authorizing a five-year contract with Best Environmental of Livermore, California, to provide cogeneration engine system testing services for a total amount not-to-exceed $201,350.00. 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 Exhibit 1 - PUR-23-003_SourceTesting-PlansandSpecs Exhibit 2 - PUR-23-003_SourceTesting-Contract 12.8 23-0255 APPROVE MOTION TO ADOPT STANDARD AGREEMENT AMENDMENT BETWEEN ALL CREATURES VETERINARY CLINIC AND THE CITY OF STOCKTON IN THE AMOUNT OF $90,000 Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion to: 1. Authorize the City Manager to approve the Standard Agreement Amendment No. 2 between All Creatures Veterinary Clinic (All Creatures) and the City of Stockton, increasing the Compensation subsection by a maximum not to exceed amount of $90,000. 2. It is further recommended that the City Manager be authorized and directed 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 - Amendment - Vet After Hours and Emergency City of Stockton Page 8 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.9 23-0091 APPROVE MOTION TO AUTHORIZE THE SUBMITTAL OF DR. MARTIN LUTHER KING JR. BOULEVARD RAIL AND ROADWAY RECONSTRUCTION PROJECT TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR “ONE VOICE” PROJECT PRIORITY FOR FEDERAL FISCAL YEAR 2023-2024 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the submittal of Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project to the San Joaquin Council of Governments for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C. 2. Authorize associated agreements and undertake actions to accept and receive the funding in the event that the funding request is successful, including any future amendments. 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 12.10 23-0100 ADOPT RESOLUTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 4, AND APPROPRIATE FUNDING FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Appropriate additional funds in the amount of $289,785 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018. 2. Authorize Balancing Construction Contract Change Order No. 4 in the amount of $289,785 with Sinclair General Engineering Construction, Inc. for the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018. 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 9 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - BCCO 4 12.11 23-0133 APPROVE FINDINGS FOR EMERGENCY CONSTRUCTION FOR THE REPAIRS OF VANDALIZED STREET LIGHTS CITYWIDE PROJECT 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. Appropriate additional funds in the amount of $517,810.52 from the Measure K Fund balance to the Fiscal Year 2022-23 Measure K Maintenance Fund. 3. Authorize Contract Change Order No. 1 in the amount of $253,235.52 with St. Francis Electric, LLC for the Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055. 4. Approve payment in the amount of $517,810.52 to St. Francis Electric, LLC of San Leandro, CA, for the construction of Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055. 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 - Contract - St. Francis Electric, LLC Proposed Resolution Exhibit 1 - Contract Change Order 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 23-0342 UPDATE ON CLEAN CITY INITIATIVE Recommended Action: RECOMMENDATION Informational only. No action to be taken. Department: Public Works City of Stockton Page 10 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - 2022 CCI Closeout and 2023 Look Ahead PPT - 15.1 - Update on Clean City Initiative 16. HEARINGS** 16.1 23-0073 ADOPT BY MOTION, THE 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS AND AUTHORIZE THE CITY MANAGER TO SUBMIT REPORTS TO THE STATE HOUSING DEPARTMENTS TO COMPLY WITH STATE LAW Recommended Action: RECOMMENDATION It is recommended that City Council adopt by motion the 2022 Annual Progress Reports (APRs) for the Envision Stockton 2040 General Plan and the 2015-2023 Housing Element and authorize the City Manager to submit reports to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) as required by State Law. Department: Community Development Attachments: Attachment A - 2040 General Plan Progress Report Attachment B - 2015-2023 Housing Element Progress Report PPT 16.1 Housing Element Update 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 23-0339 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: CICP 2022-10-12 CSC 2022-11-17 Leg 2022-10-19 PC 2022-10-27 PC 2022-12-08 City of Stockton Page 11 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 2. 23-0206 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2022 ANNUAL REPORT Recommended Action: RECOMMENDATION Informational item only. No action is necessary. Department: Human Resources Attachments: Attachment A - 2022 Annual Report Attachment B - 2022 Attendance Roster 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 29, 2023, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 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 13 Printed on 3/29/2023 City Council/Successor Agency to Meeting Agenda - Final April 4, 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 14 Printed on 3/29/2023