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, June 20, 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 Note: Councilmember Susan Lenz will participate in the meeting via teleconference from the following location: Westin, Lobby, 270 West 42nd St. New York, New York 10036 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 23-0528 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code. Department: City Attorney 3.2 23-0529 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. City of Stockton Page 1 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Attorney 3.3 23-0532 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 23-0534 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 23-0536 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 23-0538 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(2). Department: City Attorney 4. CLOSED SESSION PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 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*** City of Stockton Page 2 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 23-0475 ACCEPT AND APPROVE AMENDMENTS TO THE CITY OF STOCKTON’S INVESTMENT POLICY NO. 17.01.030 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to amend City Policy No 17.01.030 "City Investment Policy" as presented in Attachment A. It is further recommended that the City Manager be authorized to take appropriate and necessary action to carry out the purpose and intent of the motion. Department: Administrative Services Attachments: Attachment A - Proposed Investment Policy 17.01.030 Attachment B - City Council Policy Chapter 5.03 Attachment C - Redlined Investment Policy 17.01.030 12.2 23-0615 ADOPT A RESOLUTION APPROVING THE DISPLAY OF THE PRIDE FLAG IN COMMEMORATION OF PRIDE MONTH Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City of Stockton to display the Pride Flag from June 21, 2023, to June 28, 2023, in commemoration of Pride Month. Department: City Clerk Attachments: Proposed Resolution - Pride Flag Display 12.3 23-0576 ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.94 OF THE STOCKTON MUNICIPAL CODE REGARDING THE STOCKTON ARTS COMMISSION, ADDING A YOUTH COMMISSIONER, REMOVING THE PUBLIC ART STANDING COMMITTEE, AND APPROVING STOCKTON ARTS COMMISSION ANNUAL PLAN FOR FISCAL YEAR 2023-24. City of Stockton Page 3 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 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. Adopt an Ordinance amending Title 2, Chapter 2.94, of the Stockton Municipal Code (SMC) relating to the Stockton Arts Commission to add a Youth Commissioner and remove the requirement for the Public Art Standing Committee. 2. Approve the Stockton Arts Commission (Commission) Annual Plan for Fiscal Year 2023-24. 3. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Proposed Commission Annual Plan for FY2023-24 Attachment B - Proposed Ordinance - redline Proposed Ordinance 12.4 23-0557 RESOLUTION APPOINTING ANUIT ALBAHAR TO THE STOCKTON ARTS COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Appoint Anuit Albahar to the Stockton Arts Commission with term to commence immediately upon approval. 2. Authorize the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution. Department: Community Services Attachments: Attachment A - SAC Candidate Application - Redacted Proposed Resolution 12.5 23-0506 AUTHORIZE THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH ASSURED TECHNOLOGY, TO INSTALL A NEW CLOSED-CIRCUIT TV AND ACCESS CONTROL SYSTEM AT THE STOCKTON ARENA, BANNER ISLAND BALLPARK, AND BOB HOPE THEATRE City of Stockton Page 4 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve a cooperative purchasing agreement between the City of Stockton and Assured Technology, through the California Multiple Award Schedule (CMAS), for the purchase and installation of a new Closed-Circuit TV (CCTV) and Access Control System for the following City owned Venues: a. Stockton Arena b. Banner Island Ballpark c. Bob Hope Theatre 2. Approve findings which support and justify an exception to the competitive bidding process pursuant to SMC Section 3.68.070(A)(5), using a Cooperative purchasing agreement through other governmental jurisdictions or public agencies; and 3. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Economic Development Attachments: Attachment A - CMAS Cooperative Purchase Agreement Attachment B - Resolution No. 2021-11-16-1501 12.6 23-0498 APPROVE A MOTION TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH DR. JOHNSTON CO, MD OF CO OCCUPATIONAL MEDICAL PARTNERS FOR MEDICAL DIRECTOR SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute a five-year professional services agreement in the amount of $117,500 with Dr. Johnston Co, MD of Co Occupational Medical Partners to serve as Medical Director for the Stockton Fire Department. 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 take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Fire Attachments: Attachment A - Medical Director Agreement City of Stockton Page 5 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.7 23-0484 APPROVE MOTION TO EXECUTE A ONE-TIME PURCHASE FROM SIRCHIE ACQUISITIONS, LLC FOR THE SIRCHIE MOBILE CRIME LAB VEHICLE 550-18F (MCL550-18F) IN AN AMOUNT NOT TO EXCEED $248,388 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute a one-time purchase from Sirchie Acquisitions, LLC (Sirchie); 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 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 - Sirchie Sole Source Letter Attachment B - Sirchie Vehicle Quote Attachment C - Standard Agreement 12.8 23-0548 APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE YEAR OPTIONS TO EXTEND WITH HARD LUCK ANIMAL WELFARE ADVOCATES, AND THE CITY OF STOCKTON IN AN AMOUNT NOT TO EXCEED $4,970,704 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute a three-year contract with two (2) one- year options to extend between the City of Stockton (City) and Hard Luck Animal Welfare Advocates (HLAWA), for on-site veterinarian service for a total contract amount not to exceed $4,970,704 2. It is further recommended that the City Manager is hereby 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. 3. 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 the City held a competitive Request for Proposals. Department: Police Attachments: Attachment A - Hard Luck Animal Welfare Advocates City of Stockton Page 6 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.9 23-0562 APPROVE MOTION TO EXECUTE AN EMERGENCY FOUR-MONTH MEMORANDUM OF UNDERSTANDING WITH THE ANIMAL PROTECTION LEAGUE FOR SHELTERING SERVICES, NOT TO EXCEED $309,760 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute an emergency four-month Memorandum of Understanding (MOU) with the Animal Protection League (APL) to provide sheltering services, at a not-to-exceed cost of $309,760; and 2. Authorize and direct the City Manager to make any and all expenditures and appropriations on behalf of the City of Stockton (City) as appropriate and necessary to carry out the purpose and intent of this motion. Department: Police Attachments: Attachment A - MOU - Animal Protection League Note: This item was revised on June 15, 2023 by the Police Department 12.10 23-0412 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2022-23 SB1 - PAVEMENT REPAIR PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE8-23 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2022-23 SB1 - Pavement Repair, Project No. WD23003. 2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2022-23 SB1 - Pavement Repair, Project No. WD23003. 3. Award a Construction Contract in the amount of $405,435 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Local Street Resurfacing Program FY 2022-23 SB1 - Pavement Repair, Project No. WD23003. 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 7 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 23-0366 ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE TREE MAINTENANCE PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE32-22 under the California Environmental Quality Act for the Citywide Tree Maintenance, Project No. WE22052. 2. Approve the specifications for the Citywide Tree Maintenance, Project No. WE22052. 3. Award a Construction Contract in the amount of $3,791,766.09 to P31 Enterprises, Inc. of Oroville, CA, for the Citywide Tree Maintenance, Project No. WE22052. 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 - Maintenance Trimming Locations Attachment B - Tree Removal Locations Attachment C - Tree Stump Removal Locations Attachment D - Clearance Work Order Trimming Locations Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract PPT - 15.1 - Citywide Tree Maintenance Note: This item was revised on June 15, 2023 by the Public Works Department 15.2 23-0491 ADOPT AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16, SECTION 5.16.010 AND ADDING CHAPTER 5.104 TO THE City of Stockton Page 8 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent STOCKTON MUNICIPAL CODE RELATED TO TOBACCO RETAILERS Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an ordinance amending Title 5, Chapter 5.16, Section 5.16.010, and adding Chapter 5.104 to the Stockton Municipal Code relating to tobacco retailers. 2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance. Department: Police Attachments: Attachment A - Proposed Ordinance Red-lined Version Attachment B - Additional Flavored Tobacco Options Attachment C - Proposed New Fees Proposed Ordinance PPT - 15.2 - Tobacco Retailer Ordinance 16. HEARINGS** 16.1 23-0560 PUBLIC HEARING TO ADOPT THE FISCAL YEAR 2023-24 ANNUAL BUDGET; APPROVE THE 2023-2028 CAPITAL IMPROVEMENT PLAN; APPROVE THE FY 2023-24 FEE SCHEDULE; APPROVE THE FY 2023-24 CALIFORNIA CONSTITUTIONAL APPROPRIATIONS LIMIT; ADOPT THE FY 2023-24 ANNUAL BUDGET FOR THE PARKING AUTHORITY OF THE CITY OF STOCKTON; ADOPT THE FY 2023-24 ANNUAL BUDGET FOR THE SUCCESSOR AGENCY TO THE FORMER STOCKTON REDEVELOPMENT AGENCY City of Stockton Page 9 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 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. Adopt the Fiscal Year (FY) 2023-24 Annual Budget, the 2023-2028 Capital Improvement Plan, and the FY 2023-24 Fee Schedule as modified in the Budget Addendum (Exhibit 1 to the City resolution), 2. Adopt the FY 2023-24 California Constitutional (Gann) Appropriations Limit, 3. Approve other administrative and financial actions. And it is recommended that the Parking Authority of the City of Stockton (Parking Authority) approve a resolution to: 1. Adopt the FY 2023-24 Annual Budget for the Parking Authority (Exhibit 1 to the Parking Authority resolution). And it is recommended that the Successor Agency to the former Stockton Redevelopment Agency (Successor Agency) approve a resolution to: 1. Adopt the FY 2023-24 Annual Budget for the Successor Agency to the former Stockton Redevelopment Agency (Exhibit 1 to the Successor Agency resolution). It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions. Department: Administrative Services Attachments: Proposed City Resolution FY 2023-24 Budget Exhibit 1 - City Resolution - Budget Addendum Proposed Resolution Parking Authory - FY 2023-24 Budget Exhibit 1 - Parking Authority Proposed Budget Proposed Resolution Sucessor Agency FY 2023-24 Budget Exhibit 1 - Successor Agency Proposed Budget PPT - 16.1 - FY23-24 Annual Budget Public Hearing Note: This item was revised on June 15, 2023 by the Administrative Services Department 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT City of Stockton Page 10 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 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 June 15, 2023, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 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 6/15/2023 City Council/Successor Agency to Meeting Agenda - - Revised June 20, 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 6/15/2023