City Council and Concurrent Authorities
Regular MeetingStockton, CA · May 23, 2023
Agenda
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 23, 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 23-0401 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Davion Barlow, et al. v. Officer Nicholas Fogal, et
al., (United States Eastern District Court Case No.
2:22-CV-00551-TLN-DB)
Name of Case: Laura Dinges v. City of Stockton, et al. (San
Joaquin County Superior Court Case No.
STK-CV-UPI-2019-17043)
Name of Case: Gerardo Rodriguez Pacheco, et al. v. City of
Stockton, et al., (United States Eastern District
Court 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 23-0403 CONFERENCE WITH LABOR NEGOTIATOR
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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 23-0405 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.4 23-0407 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.5 23-0409 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.6 23-0411 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*
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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 23-0399 RESOLUTION APPROVING THE ADOPTION OF THE
POST-EMPLOYMENT BENEFITS TRUST AGREEMENT BETWEEN
PFM ASSET MANAGEMENT LLC (“PFM”) AS TRUST
ADMINISTRATOR AND PRINCIPAL BANK (“PRINCIPAL BANK”) AS
TRUSTEE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute a five-year professional service
agreement with the option of one one-year extension with PFM Asset
Management LLC ("PFM") for Plan Administration and Investment Advisory
services for the City's Irrevocable Pension 115 Trust;
2. Adopt the Post-Employment Benefits Trust Agreement between PFM as
Trust Administrator and Principal Bank as Trustee;
3. Authorize the City Manager, or designee, to execute any Trust-related
documents and agreements to signify its adoption including, but not
limited to, an Adoption Agreement and Trust Administrative Services
Agreement;
4. Approve, ratify, and confirm the appointment of Principal Bank as the
Trustee and PFM as the Trust Administrator as of the effective date of the
Adoption Agreement; and
5. Accept the Account Agreement between the City and Principal Bank as
Trustee.
6. Approve findings pursuant to Stockton Municipal Code 3.68.070 in
support of an exception to the competitive bidding process.
It is also recommended that the resolution authorize the City Manager to
take appropriate and necessary actions to carry out the purpose and intent
of the resolution.
Department: Administrative Services
Attachments: Proposed Resolution - Agreement with PFM
Exhibit 1 - PFMAM 115 Trust Agreement
12.2 23-0433 AUTHORIZE CONTRACT WITH INFOSEND, INC. FOR UTILITY BILL
PRINTING AND MAILING SERVICES
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a four-year professional service
agreement, with the option to for one one-year extension, with InfoSend,
Inc. for utility bill printing and mailing services in an initial not to exceed
amount of $3,400,000, but subject to increases pursuant to the agreement.
2. Approve findings which support and justify an exception to the
competitive bidding process pursuant to Stockton Municipal Code section
3.68.070(A)(3), where City held a competitive Request for Proposals.
3. Authorize the City Manager, or designee, to take appropriate and
necessary actions to carry out the purpose and intent of the motion.
Department: Administrative Services
Attachments: Attachment A - Agreement with InfoSend, Inc.
12.3 23-0487 ACCEPT THE SINGLE AUDIT AND INDEPENDENT AUDITORS’
REPORTS AND THE REPORT ON INTERNAL CONTROLS FOR THE
YEAR ENDED JUNE 30, 2022
Recommended Action: RECOMMENDATION
It is recommended that the City Council accept by motion the Single Audit
and Independent Auditors' Reports and the Report on Internal Control
Related Matters Identified in the Audit for the year ended June 30, 2022.
Department: Administrative Services
Attachments: Attachment A - 2022 Single Audit and Independent Auditors Reports
12.4 23-0499 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of March 7, 2023, and
March 28, 2023, and April 4, 2023
Department: City Clerk
Attachments: Attachment A - 2023-03-07 Minutes
Attachment B - 2023-03-28 Minutes
Attachment C - 2023-04-04 Minutes
12.5 23-0467 ADOPT A RESOLUTION IDENTIFYING TERMS AND CONDITIONS
FOR FIRE DEPARTMENT ADMINISTRATIVE SUPPRESSION
PERSONNEL COMPENSATION FOR PROVIDING RESPONSE TO
THE CALIFORNIA OFFICE OF EMERGENCY SERVICES INCIDENTS
AWAY FROM THEIR OFFICIAL DUTY STATION OUTSIDE OF THE
CITY OF STOCKTON
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve and adopt a resolution to
add Administrative Fire Battalion Chief, Administrative Fire Captain,
Administrative Fire Fighter Engineer, and Administrative Fire Fighter to the
current list of approved Fire Department personnel classification titles
assigned to mutual aid incident response to the California Office of
Emergency Services away from the official duty station outside the City of
Stockton and San Joaquin County.
Department: Fire
Attachments: Proposed Resolution
12.6 23-0391 AWARD A CONSTRUCTION CONTRACT TO INSITUFORM
TECHNOLOGIES, LLC FOR THE BROOKSIDE NORTH STORM
PUMP STATION DISCHARGE PIPES REHABILITATION AND AMEND
FISCAL YEAR 2022-23 ANNUAL BUDGET
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the filing of Notice of Exemption No. NOE 7-23 under the
California Environmental Quality Act (CEQA) for the Brookside North Storm
Pump Station Discharge Pipes Rehabilitation, Project No. US20028
(Exhibit 1 to the Resolution).
2. Approve the project Plans and Specifications for the Brookside North
Storm Pump Station Discharge Pipes Rehabilitation, Project No. US20028
(Exhibit 2 to the Resolution).
3. Award a construction contract of $173,702 to Insituform Technologies,
LLC, of Chesterfield, MO, for the Brookside North Storm Pump Station
Discharge Pipes Rehabilitation, Project No. US20028 (Exhibit 3 to the
Resolution).
4. Reappropriate funds in the amount of $105,000 from the completed
capital project Storm Drain Pump Stations and Forcemains Cathodic
Protection Repairs Project US16010 to the Brookside North Storm Pump
Station Discharge Pipes Rehabilitation, Project No. US20028.
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 - Notice of Exemption
Exhibit 2 - Plans & Specifications
Exhibit 3 - Construction Contract
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12.7 23-0413 APPROVE VENDOR POOL LIST FOR PROPERTY NUISANCE
ABATEMENT AND EMERGENCY BOARD-UP SERVICES
Recommended Action: RECOMMENDATION
It is recommended that City Council approve a motion to:
1. Authorize the City Manager to execute a five-year contract with six
contractors to establish a vendor pool list providing necessary property
nuisance abatement and emergency board-up services.
2. Approve findings pursuant to Stockton Municipal Code Section 3.68.070
in support of an exception to the competitive bidding process; and
3. It is further recommended that the motion authorize the City Manager to
take appropriate and necessary actions to carry out the purpose and intent
of the motion.
Department: Police
Attachments: Attachment A - RFSOQ Vendor Ranking
Attachment B - Rotating List Abatement
Attachment C - Rotating List Emergency
Attachment D - Standard Agreement
12.8 23-0365 APPROVE MOTION TO AUTHORIZE ASPHALT CONCRETE COLD
PLANING THROUGH DECEMBER 2024
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the specifications for Asphalt Concrete Cold Planing through
December 2024, Project No. WD23003.
2. Award a Service Contract in the amount of $352,125 to Pavement
Recycling Systems, Inc. of Jurupa Valley, CA, for Asphalt Concrete Cold
Planing 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
Attachments: Attachment A – Contract with Pavement Recycling Systems
12.9 23-0390 APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR CITY
OF STOCKTON ELEVATOR MAINTENANCE AND REPAIR
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SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a five-year Service Contract in the amount not to exceed
$209,120 to KONE, Inc. of Sacramento, CA, for City of Stockton Elevator
Maintenance and Repair Services, Project No. OM-23-087.
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
Attachment B - Funding Accounts for Contract
12.10 23-0480 APPROVE A MOTION TO EXECUTE PROFESSIONAL SERVICES
AGREEMENTS WITH DR ASSOCIATES INTERNATIONAL AND THE
GUMSHOE GROUP FOR PRE-EMPLOYMENT BACKGROUND AND
PERSONNEL INVESTIGATION SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager, or designee, to execute a Professional
Services Agreement with DR Associates International to provide
preemployment background and personnel investigation services for the
City of Stockton Fire and Police Departments in the amount not to exceed
$475,000 for a five-year term;
2. Authorize the City Manager, or designee, to execute a Professional
Services Agreement with The Gumshoe Group to provide preemployment
background and personnel investigation services for the City of Stockton
Fire and Police Departments in the amount not to exceed $100,000 for a
five-year term;
3. Approve findings that support an exception to the competitive bidding
process; and
4. Authorize the City Manager, or designee, to take appropriate and
necessary actions to carry out the purpose and intent of this motion.
Department: Fire
Attachments: Attachment A - DR Associates Agreement
Attachment B - Gumshoe Group Agreement
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13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 23-0523 PRESENTATION ON THE VALLEY LINK RAIL PROJECT
Recommended Action: RECOMMENDATION
Informational presentation by the Tri-Valley - San Joaquin Valley Regional
Rail Authority on the Valley Link Rail Project.
Department: City Manager
Attachments: PPT - 15.1 - Valley Link Rail Project
15.2 23-0392 APPROVE THE 2023 STOCKTON TOURISM BUSINESS
IMPROVEMENT DISTRICT BUDGET AND SERVICE PLAN, AND
2022 ANNUAL REPORT
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Approving the 2023 Annual Service Plan for the Stockton Tourism
Business Improvement District;
2. Approving the 2023 Operating Budget and Assessment for the Stockton
Tourism Business Improvement District;
3. Approving the 2022 Annual Report for the Stockton Tourism Business
Improvement District; and
4. Authorizing the City Manager, or designee, to take necessary and
appropriate actions to carry out the purpose of this resolution.
Department: Economic Development
Attachments: Proposed Resolution - Visit Stockton
Exhibit 1 - 2023 Annual Service Plan
Exhibit 2 - 2023 Annual Budget
Exhibit 3 - 2022 Annual Report
PPT - 15.2 - Visit Stockton Council Update
15.3 23-0383 CONSIDER BALLOTS FOR THE PROPOSED SAN JOAQUIN AREA
FLOOD CONTROL AGENCY LEVEE CONSTRUCTION AND
MAINTENANCE ASSESSMENT DISTRICT FORMATION AS
RELATED TO CITY-OWNED PROPERTIES
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Recommended Action: RECOMMENDATION
Consider ballots for the proposed San Joaquin Area Flood Control Agency
(SJAFCA) Levee Construction and Maintenance Assessment District
(LCMA) formation, as related to City-owned properties, and authorize the
City Manager to execute ballots for City-owned properties in response to
the proposed annual assessment.
Department: City Manager
Attachments: Attachment A - Summary of Assessments and Map for City of Stockton Parcels
Attachment B - City of Stockton Ballots
Attachment C - Ballot Notice and Information Guide
Attachment D - Lower San Joaquin River Feasibility & Environmental
Attachment E - LCMA Preliminary Engineer's Report
Proposed Resolution
PPT - 15.3 - SJAFCA - Levee Construction and Maintenance Assessment
16. HEARINGS**
16.1 23-0417 HOLD PUBLIC HEARING TO APPROVE THE ANNUAL BUDGET
AND ASSESSMENT ROLLS FOR THE 2023-24 HOLIDAY PARK
MAINTENANCE DISTRICT
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Recommended Action: RECOMMENDATION
This scheduled noticed public hearing is being held to consider public
comments and testimony regarding the Holiday Park Maintenance District
2023-24 proposed Assessment budget and the levy of assessments.
At the conclusion of the public hearing, if a majority protest does not exist,
it is recommended that the City Council adopt a resolution to:
1. Override any and all public hearing protests.
2. Approve the Annual Budget for Holiday Park Budget for FY2023-24.
3. Confirm and approve the assessment of $46,598 for the Holiday Park
Maintenance District for FY2023-24.
4. Authorize the City of Stockton Chief Financial Officer to assess those
parcels within the assessment district.
5. Certify the assessments meet the requirements pertaining to the levy of
annual assessments.
6. Approve a subsidy in the amount of $116,735 from the Strong
Communities Fund (210-000) to continue operations and maintenance of
the facility.
7. Authorize the City Manager to take appropriate actions to carry out the
purpose and intent of the resolution.
Department: Community Services
Attachments: Attachment A - Holiday Park Budget
Attachment B - Holiday Park Assessment District Map
Proposed Resolution - Holiday Park 2023-2024
PPT - 16.1 - Holiday Park Maintenance District Assessment
16.2 23-0275 APPROVE A FINDING FOR ENVIRONMENTAL REVIEW AND ADOPT
A RESOLUTION INTENDING TO AMEND THE GENERAL PLAN
LAND USE MAP AND AN ORDINANCE AMENDING THE STOCKTON
CITYWIDE ZONING MAP FOR COMPLIANCE WITH THE GENERAL
PLAN AND STATE LAW
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Recommended Action: RECOMMENDATION
Staff recommends that the City Council:
1. Find no further environmental review is required per California
Environmental Quality Act (CEQA) Guidelines Section 15183 (Consistency
with a Community Plan or General Plan); and
2. Approve a Resolution amending the Stockton General Plan Land Use
Map for multiple properties; and
3. Adopt an Ordinance amending the Citywide Zoning Map for multiple
properties.
It is also recommended that the City Manager be authorized to take
appropriate and necessary actions to carry out the purpose and intent of
these approvals.
Department: Community Development
Attachments: Attachment A - Proposed Property Amendment List
Attachment B - Proposed General Plan Land Use Maps of Properties
Attachment C - Proposed Zoning Maps of Properties
Attachment D - Neighborhood Meeting Notice
Attachment E - Planning Commission Support Letter
Attachment F - Planning Commission Approved Resolution
Proposed Resolution - GPLU Map
Exhibit 1 - GPLUM
Exhibit 2 - Property List
Ordinance - Proposed Zoning Map Amendments
Exhibit 1- Zoning
Exhibit 2- Property List
PPT - 16.2 - GP Zoning Amendment
16.3 23-0360 PUBLIC HEARING TO ACCEPT THE ECONOMIC DEVELOPMENT
SUBSIDY 2022 ANNUAL REPORT
Recommended Action: RECOMMENDATION
It is recommended that the City Council, by motion:
1. Accept the Economic Development Subsidy 2022 Annual Report, which
includes all subsidies the City has provided to developers for economic
development purposes over $100,000; and
2. Authorize the City Manager to take appropriate and necessary actions
to carry out the purpose and intent of this motion.
Department: Community Development
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Attachments: Attachment A - Government Code 53083
Attachment B - AB 562 Annual Report 2022
PPT - 16.3 - Economic Subsidy Presentation
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
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 May 17, 2023, in
compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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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
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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.
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