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, May 2, 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 23-0400 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Gerardo Rodriguez Pacheco, et al. v. City of Stockton, et al. (United States District Court, Eastern District, Case No. 2:20-CV-01404-TLN-KJN) 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 23-0402 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 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 23-0404 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 23-0406 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 23-0408 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 23-0439 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Auditor This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.7 23-0410 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One City of Stockton Page 2 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 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 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 23-0308 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED MARCH 31, 2023 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ending March 31, 2023. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report 03-31-23 Attachment B - Certification Memo 12.2 23-0443 ADOPT A RESOLUTION APPOINTING A MEMBER TO THE MEASURE W OVERSIGHT COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Esau Hernandez to the Measure W Oversight Committee for a term beginning immediately and ending on January 31, 2025. Department: City Clerk City of Stockton Page 3 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Redacted Application Proposed Resolution 12.3 23-0454 APPROVE A MOTION TO END THE EMERGENCY PROCLAMATION DUE TO SEVERE WINTER STORMS Recommended Action: RECOMMENDATION Staff recommends that Council approve a motion to end the Local Emergency Proclamation due to severe winter storms, dated January 1, 2023, ending the City's need to activate its emergency protocols in response to the severe weather and storms experienced in the early part of 2023. Ending the emergency proclamation due to severe winter storms shall be effective on May 2, 2023, following the City's Council's approval of this motion. Department: City Manager Attachments: Attachment A - Proclamation Severe Weather Emergency Attachment B - Resolution Ratifying Emergency Proclamation 12.4 23-0395 APPROVE A MOTION TO PURCHASE LAPTOPS FOR THE STUDENT WORKER PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager, or designee, to approve the purchase of one hundred and six (106) laptops at a quoted cost of $128,589.02, in support of the City's Student Worker Program funded by the CaliforniansForAll Youth Workforce Development Program. It is also recommended that the motion authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: City Manager Attachments: Attachment A - Purchase Quote from IT Savvy Attachment B - Resolution 2021-12-14-1508 12.5 22-0369 APPROVE THE REVISION TO THE TRANSPORTATION IMPACT ANALYSIS GUIDELINES, AN APPENDIX TO THE CITY OF STOCKTON STANDARD SPECIFICATIONS AND PLANS City of Stockton Page 4 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council adopt a Resolution authorizing the City Manager to approve revisions to the Transportation Impact Analysis Guidelines, which is an appendix to the City of Stockton Standard Specifications and Plans. It is further recommended that the City Manager, or designee, be authorized to execute and take appropriate and necessary actions, including periodic administrative updates to the Transportation Impact Analysis Guidelines, to carry out the purpose and intent of this resolution. Department: Community Development Attachments: Attachment A - TIA Guidelines Attachment B - Transportation Analysis Process Attachment C - VMT Screening Maps Proposed Resolution - TIA 12.6 23-0422 ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH POOLS AND LIFEGUARD MANAGEMENT LLC FOR THE MANAGEMENT AND OPERATION OF SOUSA, BROOKING, HOLIDAY, AND OAK PARK POOLS Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to: 1. Authorize the City Manager to execute a one-year agreement with the Pools and Lifeguard Management LLC for a total amount of $185,000 a year for the management and operation of Brooking, Holiday, Oak, and Sousa Park Pools, including two additional one-year mutual options, at which time staff will return to Council for approval of additional expenditures; and 2. Approve findings that support and justify an exception to the competitive bidding process. It is further recommended that the resolution authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Community Services Attachments: Proposed Resolution - PLM 2023 Exhibit 1 - Management Agreement with PLM 12.7 23-0185 ADOPT A RESOLUTION TO APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM THE STATE OF CALIFORNIA - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR ROUND THREE OF THE HOMEKEY City of Stockton Page 5 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent GRANT PROGRAM AND AWARD HOMELESS HOUSING ASSISTANCE AND PREVENTION (HHAP) GRANT FUNDS TO THE PROJECT AS MATCH FUNDING TO THE APPLICATION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize staff to apply for, accept and appropriate Round 3 of the State of California's Homekey Program grant funds in an amount not to exceed $35,000,000. * Submit a Homekey Round 3 application to the State in partnership with Upholdings California, LLC for the acquisition and redevelopment of the Econolodge motel property, providing a minimum of 76 efficiency, 1-bedroom and 2-bedroom units for individuals who are homeless or at imminent risk of homelessness. 2. Allocate an amount up to $9,720,757 in existing City funds for acquisition, pre-development, rehabilitation, and capitalized operating subsidy reserves, if the Homekey grant application is approved by HCD, including: * $1,800,000 of American Rescue Plan Act (ARPA) Funds; * Up to $1,281,000 of Low and Moderate Income Housing Funds; * $3,789,359 of Homeless Housing Assistance and Prevention (HHAP) Round 3 grant funds; and * $2,850,398 of Homeless Housing Assistance and Prevention (HHAP) Round 4 grant funds, contingent on final executed agreements with the State. 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: Proposed Resolution - Homekey Round 3 12.8 23-0273 RESOLUTION AUTHORIZING AGREEMENTS WITH UBERDISPLAYS, LLC, KEY CODE MEDIA, INC., AND MUSCO SPORTS LIGHTING, LLC, TO REPLACE THE ARENA VIDEO BOARD DISPLAYS, BROADCASTING, AND LIGHTING EQUIPMENT City of Stockton Page 6 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the Stockton City Council adopt a Resolution: 1. Authorizing the City Manager, or designee, to execute agreements (attached as exhibits to the Resolution), to replace the Stockton Arena video board displays, broadcast, and house/game lighting equipment, with the following Contractors: a. UberDisplays, LLC b. Key Code Media, Inc. c. Musco Sports Lighting, LLC 2. Authorizing the City Manager, or designee, to appropriate an additional $450,000 in funding and expenditure authority to CIP Project EV22606, from the American Rescue Plan Act Contingency Fund; 3. Finding an exception to the competitive bidding process pursuant to SMC Section 3.68.070 through use of a competitive request for proposals; and 4. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of this Resolution. Department: Economic Development Attachments: Attachment A - Motion 2022-05-24-1502 Attachment B - Resolution 2022-06-21-1601 Proposed Resolution - Video Display, Broadcast, and Lighting Equipment Exhibit 1 - Uber LED Video Boards Contract Exhibit 2 - Key Code Operating System Broadcasting Agreement Exhibit 3 - Musco Game Lighting Contract 12.9 23-0374 APPROVE FINDINGS AND EXECUTE CONTRACT AGREEMENTS FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL CONSORTIUM City of Stockton Page 7 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving findings in support of an exception to the competitive bidding process. 2. Authorizing the City Manager to execute five (5) contracts for the purchase of chemicals for water and wastewater treatment for Fiscal Year 2023-24. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - BACC Ammonia 2023-24 Contract Exhibit 2 - BACC Sodium Bisulfite 2023-24 Contract Exhibit 3 - BACC Sodium Hydroxide 2023-24 Contract Exhibit 4 - BACC Sodium Hypochlorite 2023-24 Contract Exhibit 5 - BACC Citric Acid 2023-24 Contract 12.10 23-0291 APPROVE MOTION TO AUTHORIZE TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDING THROUGH DECEMBER 2024 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the specifications for Truck Hauling Services for Asphalt Concrete and Asphalt Concrete Grinding through December 2024, Project No. WD23003. 2. Award a Service Contract in the amount of $910,000 to California Materials, Inc. of Stockton, CA, for Truck Hauling Services for Asphalt Concrete and Asphalt Concrete Grinding through December 2024, Project No. WD23003. 3. Authorize the City Manager to execute up to two one-year extensions to this Service Contract. 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 8 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Contract for Services Attachment B - Bid Protest Determination Letter 12.11 23-0292 THE FISCAL YEAR 2023-24 PROJECT LIST FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB1) AND SUBMITTAL OF REPORTS TO THE CALIFORNIA TRANSPORTATION COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Fiscal Year 2023-24 project list for the Road Repair and Accountability Act of 2017 (SB1). 2. Approve submittal of reports to the California Transportation Commission related to the Road Repair and Accountability Act of 2017 (SB1). 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 - RMRA Project List FY 2022-2023 Proposed Resolution Exhibit 1 - RMRA Project List FY 2023-2024 12.12 23-0307 APPROVE MOTION TO AUTHORIZE THE ON-CALL LIST OF CONSULTING FIRMS FOR GRANT WRITING AND TECHNICAL STUDY ASSISTANCE Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the On-Call List of Consulting Firms for Grant Writing and Technical Study Assistance through December 31, 2026, Project No. SEB-23-002. 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, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works 12.13 23-0225 APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 1 FOR THE POLICE HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL PROJECT City of Stockton Page 9 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 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 Contract Change Order No. 1 in the amount of $145,462 with Stratus Construction Company for the Police Headquarters Women's Locker Room Remodel, Project No. P015035. 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 - CCO No. 1 12.14 23-0256 ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2022-23 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to authorize the City Manager or his Designee to: 1. Execute and submit a claim to the San Joaquin Council of Governments for the Transportation Development Act tax revenue for the 2022-23 fiscal year. 2. Receive and deposit the proceeds in Transporation Development Act Fund 245 pursuant to State of California requirements. 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 12.15 23-0477 MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster to add Vice Mayor Kimberly Warmsley as the alternate Board Member for the East Bay Community Energy Authority, effective immediately. Department: City Clerk Attachments: Proposed Resolution - Mayoral Appointments Amendment Exhibit 1 - Mayoral Appointments Amended 2023-05-02 City of Stockton Page 10 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 23-0290 OFFICE OF VIOLENCE PREVENTION ANNUAL UPDATE Recommended Action: RECOMMENDATION Information only. No action to be taken. Department: City Manager Attachments: PPT - 15.1 - OVP Annual Update 2023 15.2 23-0377 DISCUSS AND CONSIDER A RESOLUTION TO AUTHORIZE APPROPRIATION OF $5,667,000 IN GENERAL FUND DOLLARS TO CITY COUNCIL PRIORITY PROJECTS Recommended Action: RECOMMENDATION Discuss and consider a resolution recommended by the Budget/Finance/Economic Development Council Committee authorizing a FY 2022-23 General Fund appropriation and any necessary transfers of $5,667,000 to seventeen City Council priority projects. It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Administrative Services Attachments: Attachment A - FY 2022-23 Recommended Projects Attachment B - Dignity Alcove Memo Proposed Resolution - Council Priority Projects $5.7 million PPT - 15.2 - $5.7 Million Council Appropriation 16. HEARINGS** 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 11 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 1 23-0423 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Audit 2022-12-12 LegEnv 2023-02-15 CSC 2023-01-25 CSC 2023-02-16 CSC 2023-03-16 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 April 27, 2023 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 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 4/27/2023 City Council/Successor Agency to Meeting Agenda - Final May 2, 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 4/27/2023