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, November 14, 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 New York Times Square, 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 23-1044 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four Name of Case: Karla Heneby v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UCR-2022-9993) Name of Case: Yachne Noah v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UNPI-2022-9992) Name of Case: Angela Pelligra v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UCR-2022-9859) 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. City of Stockton Page 1 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Attorney 3.2 23-1045 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 23-1046 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: Charter Review Advisory Commission 3.4 23-1047 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 23-1048 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 23-1049 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 City of Stockton Page 2 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 23-0933 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30,2023 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended September 30, 2023. Department: Administrative Services Attachments: Attachment A - Combined Quarterly Investment Reports Attachment B - Certification of Quarterly Investment Report 12.2 23-1067 APPOINTMENTS TO THE CHARTER REVIEW ADVISORY COMMISSION Recommended Action: RECOMMENDATION Resolution ratifying the Mayor and Council's appointments to the Charter Review Advisory Commission for a term commencing immediately and Districts 2, 4, 5, and Mayoral appointments ending December 31, 2024, and Districts 1, 3, and 5 ending December 31, 2026. Note: Redacted Applications and Resolution to be provided. Department: City Clerk 12.3 23-0915 2024 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR City of Stockton Page 3 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority, and Stockton Parking Authority adopt by motion the 2024 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar. Department: City Manager Attachments: 2024 Meeting and Closed Days Calendar 12.4 23-0872 ADOPT RESOLUTION TO AUTHORIZE THE WEBER POINT EVENTS CENTER SHADE STRUCTURE REHABILITATION - PHASE 2 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE36-22 under the California Environmental Quality Act for the Weber Point Events Center Shade Structure Rehabilitation - Phase 2, Project No. WP22033. 2. Approve the plans and specifications for the Weber Point Events Center Shade Structure Rehabilitation - Phase 2, Project No. WP22033. 3. Award a Construction Contract in the amount of $798,910 to McFadden Construction, Inc. for the Weber Point Events Center Shade Structure Rehabilitation - Phase 2, Project No. WP22033. 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 12.5 23-0875 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT POLE REPLACEMENT FY 2022-23 SB1 PROJECT City of Stockton Page 4 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE38-23 under the California Environmental Quality Act for the Streetlight Pole Replacement FY 2022-23 SB1, Project No. WD23006. 2. Approve the plans and specifications for the Streetlight Pole Replacement FY 2022-23 SB1, Project No. WD23006. 3. Award a Construction Contract in the amount of $223,300 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Pole Replacement FY 2022-23 SB1, Project No. WD23006. 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 23-0955 APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH COMMUNITY MEDICAL CENTERS OF STOCKTON TO UTILIZE FUNDS RECEIVED THROUGH THE NATIONAL OPIOID SETTLEMENT AGREEMENTS City of Stockton Page 5 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 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 pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 2. Awarding a Professional Services Contract to Community Medical Centers (CMC) of Stockton, CA in the Not-to-Exceed amount of $4,500,000 for three years to utilize funds received through the National Opioid Settlement in order to remediate and provide activities that end, reduce, and/or lessen the effects of the opioid epidemic in communities. 3. Authorizing the City Manager to accept and appropriate all funds allocated to the City of Stockton under the Opioid Settlement Agreement Funds. It is also recommended that the City Manager, or designee, be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: City Manager Attachments: Attachment A - List of Opioid Remediation Uses Attachment B - CA DHCS Payment Information Proposed Resolution - Opioid Settlement Agreement Funds.docx Exhibit 1 - CMC Agreement for Opioid Settlement Funds PPT - 15.1 Opioid Settlement Fund.pdf 15.2 23-0992 STOCKTON DIAMOND GRADE SEPARATION PROJECT - EMINENT DOMAIN Recommended Action: RECOMMENDATION Informational only. No action to be taken. Department: Public Works Attachments: PPT 15.2 Stockton Diamond Grade Separation 16. HEARINGS** 16.1 23-1066 PUBLIC HEARING FOR THE DISCUSSION OF THE PROPOSED MEASURE A SUNSET EXTENSION Recommended Action: RECOMMENDATION It is recommended that the City Council hold the first required public hearing to discuss an extension of the 3/4 Cent General Transaction and Use Tax previously approved by voters at the November 5, 2013 election (Measure A). Department: Administrative Services City of Stockton Page 6 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Recommended Findings Based on Evidence for Measure A Extension Attachment B - Ordinance No. 2013-07-09-1601 Attachment C - Marshall Plan June 5, 2013 Staff Rpt Attachment D - Successor MOU Appendices PPT - 16.1 Measure A Public Hearing Presentation 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 23-0970 MEASURE A FISCAL YEAR 2018-19, FISCAL YEAR 2019-20, AND FISCAL YEAR 2020-21 ANNUAL REPORTS UPDATE Recommended Action: RECOMMENDATION This is an informational item submitting Annual Reports for Fiscal Year (FY) 2018-19, FY 2019-20, and FY 2020-21 to the City Council as required by the "City of Stockton Transaction and Use Tax Ordinance Citizens' Oversight Committee Charter." Department: Administrative Services Attachments: Attachment A - DRAFT FY2018-19 Annual Report Attachment B - DRAFT FY2019-20 Measure A Annual Report Attachment C - DRAFT FY2020-21 Measure A Annual Report 2. 23-1042 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Audit 2023-06-12 CSC 2023-06-15 CSC 2023-07-20 CSC 2023-08-17 Planning Commission 2023-04-27 Planning Commission 2023-05-25.pdf City of Stockton Page 7 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 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 November 9, 2023 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 8 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 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 9 Printed on 11/9/2023 City Council/Successor Agency to Meeting Agenda - Final November 14, 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 10 Printed on 11/9/2023