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, January 23, 2024 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 24-0032 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 3.2 24-0033 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.3 24-0034 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 24-0035 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City of Stockton Page 1 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 24-0036 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Number of Cases: One To discuss matters pertaining to the threat of 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 24-0038 APPOINTMENT TO THE CHARTER REVIEW ADVISORY COMMISSION Recommended Action: RECOMMENDATION Resolution ratifying the Councilmember Villapudua's appointment to the Charter Review Advisory Commission for a term commencing immediately ending December 31, 2026 Department: City Clerk City of Stockton Page 2 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Redacted Application.pdf Proposed Resolution 12.2 24-0050 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of September 12, 2023, October 17, 2023, and October 24, 2023. Department: City Clerk Attachments: Attachment A – 2023-09-12 Minutes.pdf Attachment B – 2023-10-17 Minutes .pdf Attachment C – 2023-10-24 Minutes .pdf 12.3 23-1186 APPROVE MOTION TO ADD ADDITIONAL FUNDING TO THE EXISTING CONTRACT WITH CO OCCUPATIONAL MEDICAL PARTNERS (COMP) FOR PRE-EMPLOYMENT HEALTH SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to add additional funding to the existing contract with Co Occupational Medical partners (COMP) for pre-employment health services. 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 agreement. Department: Human Resources Attachments: Attachment A - COMP Services Agreement Amendment 12.4 23-0916 APPROVE A MOTION TO EXECUTE A CONTRACT WITH KLEAR.AI LLC TO IMPLEMENT AND MAINTAIN A RISK MANAGEMENT INFORMATION SYSTEM City of Stockton Page 3 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve entering into a service agreement with Klear.ai LLC to implement and maintain a Risk Management Information System (RMIS); 2. Authorize the City Manager to execute a three (3) year service agreement with Klear.ai LLC to implement and maintain a Risk Management Information System (RMIS); 3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and 4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Human Resources Attachments: Attachment A - Klear.ai Contract 12.5 23-0917 APPROVE A MOTION TO JUSTIFY EXCEPTION TO THE COMPETITIVE BID PROCESS AND ENTER INTO SERVICE AGREEMENTS WITH SIX PROVIDERS TO ESTABLISH A CITYWIDE TEMPORARY EMPLOYMENT SERVICES POOL Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve entering into service agreements with 22nd Century Tech Sled, Tryfacta, AppleOne, Info Jini Inc., Abacus, and Bolt Staffing to establish a citywide temporary employment services pool; and 2. Authorize the City Manager to execute a three (3) year service agreement with the option of two (2), one (1) year extensions to establish a citywide temporary employment services pool; and 3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and 4. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Human Resources Attachments: Attachment A - 22nd Century Attachment B - Tryfacta Attachment C - AppleOne Attachment D - Info Jini Inc Attachment E - Abacus Service Corp Attachment F - Bolt City of Stockton Page 4 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.6 23-1191 APPROVE A WAIVER OF CUSTOMER CREDITS UNDER THE STATE WATER RESOURCES CONTROL BOARD WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving a waiver of customer credits applied under the State Water Resource Control Board Water and Wastewater Arrearage Payment Program. It is also recommended that the City Council authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution 12.7 24-0029 APPROVE MOTION TO AUTHORIZE A FUNDS TRANSFER AGREEMENT FOR THE MIRACLE MILE PEDESTRIAN CROSSING IMPROVEMENTS, INCLUDING PEDESTRIAN CROSSING UPGRADES IMPROVEMENTS, PUBLIC SAFETY IMPROVEMENTS, AND REVITALIZATION IMPROVEMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to authorize the City Manager to execute a Funds Transfer Agreement between the City of Stockton and the California Department of Transportation for a total of $20,000,000 for the Miracle Mile Pedestrian Crossing Improvements, including Pedestrian Crossing Upgrades Improvements, Public Safety Improvements, and Revitalization Improvements. 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 - Caltrans Agreement 12.8 23-1131 ADOPT RESOLUTION TO AWARD A SERVICE CONTRACT FOR PARKS MAINTENANCE AND JANITORIAL PROJECT City of Stockton Page 5 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Award a three-year Service Contract, in the amount not to exceed $4,871,952.53 annually, for a total of $14,615,857.59, to Al Fresco Landscaping, Inc. of Hollister, CA, for the Parks Maintenance and Janitorial, Project No. OM-23-039. 2. Authorize the City Manager to execute two optional one-year extensions to this Service Contract. 3. Amend the Fiscal Year 2023-24 Budget to increase expenditure appropriations as follows: a. Increase the Public Works' Parks General Fund operating budget by $499,740. b. Increase the Economic Development Department's operating budget by $100,260 for maintenance of Pixie Woods. 4. 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 resolution. Department: Public Works Attachments: Proposed Resolution Exhibit 1 - Contract for Services 12.9 23-1148 APPROVE MOTION TO PURCHASE MISCELLANEOUS EQUIPMENT City of Stockton Page 6 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the specifications for the Request for Bids for Miscellaneous Equipment, Project No. OM-23-111. 2. Award a Purchase Agreement for one forklift from Holt of California of West Sacramento, CA, in the amount of $79,607.83. 3. Award a Purchase Agreement for one brush chipper from Cal-Line Equipment, Inc. of Livermore, CA, in the amount of $83,383.26. 4. Award a Purchase Agreement for two bucket trucks from Altec Industries, Inc. of Dixon, CA, in the amount of $471,206.82. 5. Award a Purchase Agreement for one trailer-mounted excavator and one power rodder from Owen Equipment Sales of Fairfield, CA, in the amount of $693,383.94. 6. Award a Purchase Agreement for two sewer camera vans from Jack Dohney Company of Northville, MI, in the amount of $855,040.03. 7. Award a Purchase Agreement for one valve-turning truck from E.H. Wachs - A Division of ITW of Lincolnshire, IL, in the amount of $164,582.83. 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 - Equipment Replacement List Attachment B - Holt of California Attachment C - Cal-Line Equipment Attachment D - Altec Industries, Inc. Attachment E - Owen Equipment Sales Attachment F - Jack Doheny Company Attachment G - EH Wachs - A Division of ITW 12.10 23-1165 ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2023-24 City of Stockton Page 7 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 2023-24 fiscal year. 2. Receive and deposit the proceeds in Transportation Development Act Fund 245 pursuant to State of California requirements. 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: Public Works Attachments: Proposed Resolution 12.11 23-1173 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT KNOCKDOWN REPAIRS PHASE 7 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE58-23 under the California Environmental Quality Act for the Streetlight Knockdown Repairs Phase 7, Project No. OM-23-016. 2. Approve the plans and specifications for the Streetlight Knockdown Repairs Phase 7, Project No. OM-23-016. 3. Award a Construction Contract in the amount of $122,723 to Ray's Electric of Oakland, CA, for the Streetlight Knockdown Repairs Phase 7, Project No. OM-23-016. 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 12.12 24-0072 ADOPT AN ORDINANCE AMENDING CHAPTER 5.104 TO THE STOCKTON MUNICIPAL CODE RELATED TO TOBACCO RETAILERS City of Stockton Page 8 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an ordinance amending Chapter 5.104 to the Stockton Municipal Code relating to tobacco retailers, creating additional exemptions to the Chapter 5.104 distancing restrictions. 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: Administrative Services Attachments: Attachment A - Proposed Ordinance Red-lined Version Proposed Ordinance 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 24-0048 ACCEPT THE FISCAL YEAR 2022-23 FOURTH QUARTER BUDGET STATUS UPDATE, AUTHORIZE BUDGET AMENDMENTS, AND MAKE ALLOCATIONS TO GENERAL FUND RESERVES City of Stockton Page 9 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Accept this budget status report on the unaudited results of the fourth quarter of Fiscal Year (FY) 2022-23. 2. Allocate the General Fund Vacancy Savings budget reduction for FY 2022-23 from Other Administration (Non-Departmental) category to the following departments: Reduce Expenditure Budget: Department Amount a. City Clerk $ 37,000 b. City Manager $125,000 c. Office of Violence Prevention $ 67,000 d. City Attorney $ 93,000 e. Economic Development $107,000 $429,000 Increase Expenditure Budget: Other Administration $429,000 3. Authorize a reserve for future appropriation of $925,000 from FY 2022-23 ending balance in the General Fund to reimburse the United States Department of Housing and Urban Development for costs deemed ineligible associated with Oak Park Ice Arena improvements. 4. Authorize a reserve for future appropriation of $1,469,000 from FY 2022-23 available funds for the estimated increase in the Assured Guaranty Settlement contingent payments for a total reserve of $3,600,000. 5. Authorize a FY 2022-23 General Fund appropriation of $21,450,000 for Council priority projects including restoration of Fire Station 7, parks maintenance, and the Victory Park Pool. 6. Allocate available fund balance to reserve categories consistent with the Council Reserve and Fund Balance Policy - General Fund Policy. The net increase in fund balance will be added to the current reserve levels, as displayed in Table 6, to achieve the total reserve amounts as follows: Priority 1 Reserves Working Capital $48,300,000 Known Contingency $68,000,000 Priority 2 Reserves Risk-Based Reserves $10,800,000 7. Authorize a FY 2022-23 budget amendment increasing expenditure and revenue appropriations in the Downtown Marina Fund by $8,500. It is further recommended that the City Manager be authorized to take City of Stockton Page 10 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Administrative Services Attachments: Attachment A - FY22-23 GF Year-End Budget Update Attachment B - FY22-23 GF Year-End Revenues Attachment C - Recommended Projects Attachment D - FY22-23 Year-End Other Fund Summary Proposed Resolution - FY22-23 4th Quarter PPT - 15.1 - FY22-23 Year End Budget Update 16. HEARINGS** 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT 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 January 19, 2024, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 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. Email - you may email your comments to city.clerk@stocktonca.gov 2. Voicemail - you can leave a voice message by dialing (209) 937-8459. 3. 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 which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will City of Stockton Page 12 Printed on 1/19/2024 City Council/Successor Agency to Meeting Agenda - Final January 23, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 1/19/2024