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, July 11, 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 23-0665 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 23-0666 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA) This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code. Department: City Attorney 3.3 23-0667 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City of Stockton Page 1 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 23-0668 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 23-0669 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 23-0670 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*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS City of Stockton Page 2 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 23-0638 ADOPT THE FISCAL YEAR 2023-24 INTERNAL AUDIT PROGRAM Recommended Action: RECOMMENDATION The Council Audit Committee recommends that City Council adopts by motion the Fiscal Year (FY) 2023-24 Internal Audit Program. Department: City Auditor Attachments: Attachment A - FY 23-24 Internal Audit Program 12.2 23-0633 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of April 18, 2023 and May 2, 2023 Department: City Clerk Attachments: Attachment A – 2023-04-18 Minutes Attachment B - 2023-05-02 Minutes 12.3 23-0565 APPROVE MOTION TO EXECUTE CITY OF STOCKTON THREE-YEAR STANDARD AGREEMENT WITH COMMUNITY MEDICAL CENTER FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Execute a standard agreement with Community Medical Center (CMC) to provide behavioral health outreach, assessment, engagement, linkage, and mental health services to support CalVIP efforts in the amount of $193,051 (Attachment A). 2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: City Manager Attachments: Attachment A - CMC CalVIP Cohort 4 Agreement Attachment B - Approved Resolution Attachment C - 2022-25 CalVIP Grant Agreement 12.4 23-0674 ADOPT A RESOLUTION TO AUTHORIZE TWO NEW, LIMITED TERM, GRANT-FUNDED POSITIONS WITHIN THE CITY MANAGER’S City of Stockton Page 3 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent OFFICE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the City Manager to hire two new, limited term, positions within the City Manager's Office using grant funds from the City's $10.8M Round 3 Transformative Climate Communities Implementation Grant 2. Authorize the City Manager to take any appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: City Manager Attachments: Proposed Resolution - TCC Round 3 Amendment 12.5 23-0526 RESOLUTION TO ADOPT A SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY AT BELLEVIEW AVENUE BETWEEN EAST 11th STREET AND ARRIBA ROAD Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving a summary vacation of a portion of the public right-of-way at Belleview Avenue between East 11th Street and Arriba Road. 2. Authorizing the filing of Notice of Exemption No. 24-23 under the California Environmental Quality Act for a portion of the public right-of-way at Belleview Avenue between East 11th Street and Arriba Road. 3. Authorizing the City Manager, or his designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Vicinity map - Belleview abandonment Attachment B - Aerial map - Belleview abandonment Proposed Reso - Belleview abandonment Exhibit 1 - Legal Description - Belleview abandonment Exhibit 2 - Plat - Belleview abandonment Exhibit 3 - NOE24-23 Response - Belleview 12.6 23-0559 ADOPT A RESOLUTION TO AUTHORIZE A FIVE-YEAR CONTRACT WITH SWIFTCOMPLY FOR ENVIRONMENTAL CONTROL ENFORCEMENT SOFTWARE City of Stockton Page 4 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 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 plans and specifications for the Request for Proposals for the Environmental Control Enforcement Software (PUR 23-013). 2. Authorizing a five-year contract with SwiftComply of Pleasanton, California to provide Environmental Control Enforcement Software for a total amount not-to-exceed amount of $229,683.00. 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 - Contract with SwiftComply 12.7 23-0580 APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE-YEAR OPTIONS TO EXTEND WITH ALLIED UNIVERSAL FOR CITYWIDE SECURITY SERVICES (PUR 23-019) 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 Universal Protection Service, LP, dba: Allied Universal Security Services (Allied Universal) for Citywide security services for a total contract amount not to exceed $10,390,980. 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. Department: Police Attachments: Attachment A - Security Full Contract 12.8 23-0543 APPROVE RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENT OF DELINQUENT CODE ENFORCEMENT CHARGES, AND DIRECTING THE ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TAX ASSESSOR’S ROLL City of Stockton Page 5 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution: 1. Overruling protests and confirming the assessment of the delinquent charges listed in the "2023 NSS Assessment List - Delinquent Accounts" stemming from code enforcement actions against the affected properties; and 2. Directing the assessments be placed on the San Joaquin County Tax Assessor's Roll. 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 resolution. Department: Police Attachments: Attachment A - Administrative Order Proposed Resolution - 2023 Assessment Exhibit 1- 2023 NSS Assessment List Delinquent Accounts 12.9 23-0544 APPROVE MOTION TO EXECUTE A FIVE-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE COUNTY OF SAN JOAQUIN FOR THE PROVISION OF IMPOUND AND ANIMAL SHELTER SERVICES Recommended Action: RECOMMENDATION It is recommended that City Council approve, by motion, the proposed Memorandum of Understanding between the City of Stockton and the County of San Joaquin for impound and animal shelter services for a five-year term expiring June 30, 2028, and authorize the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution. Department: Police Attachments: Attachment A - SJC Animal Intake MOU 12.10 23-0368 ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON FOR CALIFORNIA ASSEMBLY BILL 109 (AB 109) FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE, APPROVE PURCHASE OF THREE OUTFITTED UTILITY TASK VEHICLES, AND AMEND THE FISCAL YEAR 2023-24 ANNUAL BUDGET City of Stockton Page 6 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 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 execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership Task Force; 2. Authorize the City Manager to accept $1,935,298 in Fiscal Year (FY) 2023-24 Police Grant Funds as Fiscal Agent for the law enforcement agencies of San Joaquin County; and 3. Authorize the City Manager to approve the purchase of three off-road outfitted Utility Task Vehicles (UTV) with trailers for $213,279.41; and 4. Approve an amendment to the FY 2023-24 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $1,935,298; and 5. Authorize the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Police Attachments: Proposed Resolution - SJC CCP Exhibit 1 - CCP Task Force Contract 2023-24 Exhibit 2 - Proposed Budget Form CCP Task Force 12.11 23-0455 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Kjeldsen, Sinnock & Neudeck, Inc. of Stockton, CA, in the amount of $150,384, for design of the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007. 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 City of Stockton Page 7 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12.12 23-0505 ADOPT RESOLUTION TO AUTHORIZE THE CITY STREET RE-STRIPING FY 2022-23 SB1 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE16-23 under the California Environmental Quality Act for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009. 2. Approve the plans and specifications for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009. 3. Appropriate funds in the amount of $88,000 from the Local Streets Resurfacing Program FY 2022-23 SB1, Project No. WD23003, to the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009. 4. Award a Construction Contract in the amount of $277,420 to Chrisp Company of Stockton, CA, for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Public Works Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 23-0662 INFORMATIONAL UPDATE ON DELTA CONVEYANCE PROJECT Recommended Action: RECOMMENDATION Informational only. No action to be taken. Department: Municipal Utilities Attachments: PPT - 15.1 - Delta Conveyance Project Update City of Stockton Page 8 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 15.2 23-0492 ADOPT AN ORDINANCE AMENDING TITLE 6, CHAPTER 6.04 OF THE STOCKTON MUNICIPAL CODE TO ADD SECTION 6.04.360, MAKING IT UNLAWFUL TO WILLFULLY ABANDON ANIMALS WITHIN THE CITY LIMITS Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an Ordinance amending Title 6, Chapter 6.04, adding section 6.04.360 to the Stockton Municipal Code (SMC) relating to the willful abandonment of animals in the City of Stockton. 2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution. Department: Police Attachments: Proposed Ordinance - Animal Abandonment PPT - 15.2 - SMC Amendment - Abandoned Animals 15.3 23-0628 ACCEPT THE FISCAL YEAR 2022-23 SECOND QUARTER BUDGET STATUS UPDATE AND AUTHORIZE A BUDGET AMENDMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Accept this budget status report on the financial results for the Second Quarter of Fiscal Year (FY) 2022-23. 2. Authorize a budget amendment in the Public Works Department. 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 resolution. Department: Administrative Services Attachments: Attachment A - FY 2022-23 Second Quarter Budget Update General Fund Attachment B - FY 2022-23 Second Quarter Revenues General Fund Attachment C - FY 2022-23 Second Quarter Report for Other Major Funds Proposed Resolution - FY 2022-23 Second Quarter Update PPT - 15.3 - FY 2022-23 Second Quarter Budget Update 16. HEARINGS** 16.1 23-0577 ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT AND DENSITY TRANSFER AGREEMENT BETWEEN A.G. SPANOS CONSTRUCTION INC. AND City of Stockton Page 9 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent THE CITY OF STOCKTON FOR THE A.G. SPANOS BUSINESS PARK MASTER DEVELOPMENT PLAN Recommended Action: RECOMMENDATION Staff recommends that the City Council: 1. Find that the project is categorically exempt from CEQA, pursuant to the CEQA Guidelines, section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations; and 2. Adopt an Ordinance amending the Spanos West Business Park Development Agreement and Density Transfer Agreement. 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 - Location and Context Map Attachment B – Approved Master Plan Attachment C – Approved DA/DTA Agreements Attachment D – Approved Planning Commission Resolution Proposed Ordinance Exhibit 1 - Proposed Amendment PPT - 16.1 - Spanos Business Park 16.2 23-0603 PUBLIC HEARING TO APPROVE A RESOLUTION OVERRULING PROTESTS, ADOPTING THE DELINQUENT UTILITY SERVICE ASSESSMENT REPORT, AND DIRECTING THE ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TREASURER-TAX COLLECTOR’S TAX ROLL City of Stockton Page 10 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Conduct a public hearing to consider all objections or protests to the proposed Delinquent Utility Service Charges, 2023 Assessment Report ("2023 Assessment Report") for delinquent water, sewer, solid waste collection, and stormwater service charges ("utility service charges") incurred by property owners. After the public hearing, if a majority protest does not exist, it is recommended that the City Council approve a resolution to: 1. Overrule all public protests; 2. Confirm the unpaid utility service charges set forth in the 2023 Assessment Report; 3. Adopt the 2023 Assessment Report; 4. Direct the assessments to be placed on the San Joaquin County Treasurer-Tax Collector's Tax Roll; and 5. Authorize the City Manager to take any necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Administrative Services Attachments: Attachment A - 2023 Assessment Report Order Proposed Resolution - 2023 Assessments Exhibit 1 - Assessment List 2023 PPT - 16.2 - Utility Services Assessments 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 23-0648 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk City of Stockton Page 11 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Ad Hoc Homelessness 2022-011-17 Audit 2023-05-15 CSC 2023-04-20 PC 2023-01-26 PC 2023-02-09 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 July 5, 2023, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 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 two 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 2-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 7/6/2023 City Council/Successor Agency to Meeting Agenda - Final July 11, 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 7/6/2023