City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - Final Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Tuesday, March 12, 2024 3:00 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 24-0143 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Police Officer Jesus Gonzalez, (Workers’ Compensation Appeals Board Case Nos. ADJ7726226; ADJ16712192; and ADJ16712191) Name of Case: Karen Sutherland, et al. v. City of , et al. (United States District Court - Eastern District Case No. 2:21-CV-01855-WBS-AC) This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation. Department: City Attorney 3.2 24-0144 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 24-0145 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City of Stockton Page 1 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 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 24-0146 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 24-0149 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 24-0147 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Number of Cases: One The receipt of a claim pursuant to the Government Claims Act or some other written communication from a potential plaintiff threatening litigation, which is available for inspection (54956.9(e)(3)). Department: City Attorney 3.7 24-0254 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: Two Based on existing facts and circumstances, the Council has decided to initiate or is deciding to initiate litigation pursuant to Government Code section 54956.9(d)(4). Department: City Attorney 4. CLOSED SESSION PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION City of Stockton Page 2 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 10.1 24-0252 PROCLAMATION: NATIONAL NUTRITION MONTH - MARCH 2024 Department: Office of the Mayor 10.2 24-0262 PROCLAMATION: PROCUREMENT MONTH - MARCH 2024; PROCUREMENT PROFESSIONALS’ DAY - MARCH 13, 2024 Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 23-0932 AUTHORIZE THE CITY ATTORNEY TO EXECUTE AGREEMENTS WITH BOND AND DISCLOSURE COUNSEL FIRMS TO ESTABLISH A POOL FOR THE ISSUANCE OF MUNICIPAL DEBT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Attorney to execute agreements with seven bond and disclosure counsel firms to establish a vendor pool to issue bonds and other municipal debt instruments for the financing of capital facilities and infrastructure and the refinancing of existing debt issuances. It is also recommended that the resolution authorize the City Attorney to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Administrative Services City of Stockton Page 3 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Agreement - Jones Hall Attachment B - Agreement - Orrick, Herrington and Sutcliffe LLP Attachment C - Agreement - Arent Fox Schiff LLP Attachment D - Agreement - Hawkins Delafield Wood LLP Attachment E - Agreement - Norton Rose Fulbright US LLP Attachment F - Agreement - Richards, Watson and Gershon Attachment G - Agreement - Stradling Yocca Carlosn and Rauth LLP Proposed Resolution 12.2 24-0135 APPOINTMENT TO THE AVA COMMUNITY ENERGY ADVISORY COMMITTEE Recommended Action: RECOMMENDATION Adopt a resolution appointing Davis Harper to fill a vacancy for the Ava Community Energy Advisory Committee for a two year term commencing immediately ending December 31, 2025 Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - AVA Appointment.doc 12.3 24-0189 RATIFY APPOINTMENT TO PLANNING COMMISSION Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution ratifying an appointment to the Stockton Planning Commission to fill a vacated term representing Council District 1. The partial term will begin upon appointment and end January 31, 2027. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - PC Appointment 12.4 24-0239 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of December 5, 2023, December 12, 2023, December 19, 2023, and January 23, 2024. Department: City Clerk Attachments: Attachment A – 2023-12-05 Minutes.pdf Attachment B - 2023-12-12 Minutes .pdf Attachment C - 2023-12-19 Minutes.pdf Attachment D - 2024-01-23 Minutes.pdf 12.5 24-0091 ADOPT A RESOLUTION AUTHORIZING CONTRACT AMENDMENT City of Stockton Page 4 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent NO. 4 WITH SNF POLYDYNE, INC. FOR THE PURCHASE OF WASTEWATER TREATMENT POLYMER Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process. 2. Authorize the City Manager to execute a two (2) year contract extension with SNF Polydyne, Inc. for a not-to-exceed amount of $6,386,500. 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 - Amendment 4 - SNF Polydyne 12.6 24-0102 AWARD A CONSTRUCTION CONTRACT TO SAK CONSTRUCTION LLC FOR THE BROOKSIDE SOUTH STORMWATER PUMP STATION DISCHARGE PIPE REHABILITATION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the filing of Notice of Exemption No. NOE 31-23 under the California Environmental Quality Act (CEQA) for the Brookside South Storm Pump Station Discharge Pipes Rehabilitation, Project No. US24006 (Exhibit 1 to the Resolution). 2. Approve the project Plans and Specifications for the Brookside South Storm Pump Station Discharge Pipes Rehabilitation, Project No. US24006. 3. Award a construction contract of $153,555 to SAK Construction LLC, of O'Fallon, MO, for the Brookside South Storm Pump Station Discharge Pipes Rehabilitation, Project No. US24006 (Exhibit 2 to the Resolution). 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 - Construction Contract 12.7 24-0104 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT City of Stockton Page 5 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent AMENDMENT WITH SWIFTCOMPLY FOR A STORMWATER MODULE SOFTWARE LICENSE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to authorize an amendment to the five-year contract with SwiftComply of Pleasanton, California (Exhibit 1 to the Resolution) to incorporate a stormwater module into the Environmental Control Enforcement Software for a total amount not-to-exceed $384,640. It is also recommended that the City Manager be authorized to take necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Attachment A - Contract No 424000022 Proposed Resolution Exhibit 1 - Contract Amendment No 1 Exhibit 2 - Scope of Work Amendment No 1 12.8 24-0181 ADOPT RESOLUTION TO AUTHORIZE THE DIGITAL CAMERA REPLACEMENT PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE52-23 under the California Environmental Quality Act for the Digital Camera Replacement, Project No. WARP506. 2. Approve the details and specifications for the Digital Camera Replacement, Project No. WARP506. 3. Award a Construction Contract in the amount of $512,365.94 to Convergint Technologies LLC of Stockton, CA, for the Digital Camera Replacement, Project No. WARP506. 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 City of Stockton Page 6 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Digital Camera Locations Attachment B - Assignment Letter Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.9 24-0049 ADOPT RESOLUTION TO PURCHASE EQUIPMENT UTILIZED BY THE PUBLIC WORKS DEPARTMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 2. Approve the use of Cooperative Purchasing Agreements through Sourcewell Contract Nos. 110421-EEC, 110421-ALT, and 040621-PII to provide the City access to preferential pricing of equipment from Elliot Equipment Company, Altec Industries, Inc., and Petersen Industries, Inc. 3. Authorize the City Manager to execute a contract in the amount of $442,625.02 with Elliot Equipment Company through affiliated vendor, Nixon-Egli Equipment Company of Tracy, CA, to purchase one crane truck. 4. Authorize the City Manager to execute a contract in the amount of $176,634.36 with Altec Industries, Inc. of Bakersfield, CA, to purchase one chipper truck. 5. Authorize the City Manager to execute a contract in the amount of $289,615.60 with Petersen Industries, Inc. through affiliated vendor, Municipal Maintenance Equipment, Inc. of Sacramento, CA, to purchase one grapple truck. 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 - Vehicle Replacement List Attachment B - Quote from Nixon-Egli (Crane) Attachment C - Quote from Altec (Chipper) Attachment D - Quote from MME (Grapple) Proposed Resolution Exhibit 1 - Cooperative Purchase Agreement-Nixon-Egli Exhibit 2 - Cooperative Purchase Agreement - Altec Exhibit 3 - Cooperative Purchase Agreement - Petersen City of Stockton Page 7 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.10 24-0068 ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT AND APPROPRIATE FUNDS FOR THE STREET RESURFACING ON FEDERAL-AID STREETS FISCAL YEAR 2023-24 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Award a Professional Services Contract to CSG Consultants, Inc. of Foster City, CA, in the amount of $398,360, for design of the Street Resurfacing on Federal-Aid Streets Fiscal Year 2023-24, Project No. WD24028/HIPSTPL-5008(207). 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 3. Appropriate funds in the amount of $221,030 from the Measure K Fund Balance to the Street Resurfacing on Federal-Aid Streets Fiscal Year 2023-24, Project No. WD24028/HIPSTPL-5008(207). 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 - Professional Services Contract 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 24-0089 COMMUNITY MEDICAL CENTERS PROJECT UPDATES: COMMUNITY WELL-BEING CRISIS INTERVENTION PROJECT AND OPIOID SETTLEMENT AGREEMENTS Recommended Action: RECOMMENDATION Informational only; no action to be taken. Department: City Manager's Office Attachments: PPT - 15.1 - Community Medical Centers Project Updates 15.2 23-1171 OFFICE OF VIOLENCE PREVENTION ANNUAL UPDATE Recommended Action: RECOMMENDATION Information only. No action to be taken. City of Stockton Page 8 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Manager Attachments: PPT - 15.2 - OVP Annual Update 15.3 24-0228 ADOPT A RESOLUTION APPROVING RECOMMENDED ADJUSTMENTS TO THE AMERICAN RESCUE PLAN ACT PROGRAMS AND PROJECTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the recommended adjustments to the American Rescue Plan Act Programs and Projects: a. Allocate $65,000 to complete work already in progress on the Arena Scoreboard Project b. Allocate $300,000 to add an additional year of services to the Non-Profit Capacity Building Program c. Allocate $300,000 for the Essential Worker Premium Payment shortfall adjustment d. Allocate $200,000 to support a co-location Data Center as part of the City's Disaster Readiness Plan e. Allocate $1 million to complete the Emergency Generator Installation Project, adding six firehouse locations f. Allocate $4.124 million to support the Stockton Animal Shelter Renovation Project revised budget estimate g. Allocate $2,011,000 to the Revenue Loss Fund h. Allocate $2,000,000 to the Council Contingency Fund i. Authorize the City Manager to reallocate funds among approved ARPA projects to meet the obligation deadlines and close out completed projects. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: City Manager Attachments: Attachment A - February 2024 ARPA Workshop Materials Proposed Resolution - 2024 ARPA Adjustments PPT - 15.3 - 2024 ARPA Recommendations 16. HEARINGS** 16.1 24-0044 PUBLIC HEARING TO APPROVE AN OFFICE AND INDUSTRIAL SALES TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF STOCKTON AND HOME DEPOT USA, INC., AND AMEND THE OFFICE AND INDUSTRIAL SALES TAX INCENTIVE PROGRAM GUIDELINES City of Stockton Page 9 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the execution of an Office and Industrial Sales Tax Incentive Agreement between the City of Stockton and Home Depot USA, Inc.; 2. Amending the Office and Industrial Sales Tax Incentive program guidelines to better support the City in attracting and retaining businesses and to facilitate easier engagement with enterprises; 3. Establishing a Redevelopment Unrestricted Sub-fund within the General Fund as a mechanism for use in the City's redevelopment efforts including acquisition, blight abatement, demolition, and other actions that support the City's development; 4. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution 2014-06-24-1505 Attachment B - Resolution 2014-08-12-1604 Proposed Resolution - THD Exhibit 1 - OIST Program Guidelines Exhibit 2 - Agreement THD PPT - 16.1 - Industrial Sales Tax Incentive 16.2 23-1010 ADOPT AN ORDINANCE FOR PREZONING AND ADOPT A RESOLUTION AUTHORIZING ANNEXATION REQUESTS FOR A PROPOSED CONVENIENCE STORE WITH FUELING STATION AND TWO QUICK-SERVE RESTAURANTS AT 3568 ARCH ROAD (APN 181-120-01) (P20-0011) Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Find that the proposed project is exempt from CEQA in accordance with the provisions of CEQA Guidelines Section 15183 (Projects); and 2. Adopt an Ordinance for the Prezoning of APN 181-120-01 to Commercial, General (CG); and 3. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and 4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution and ordinance. Department: Community Development City of Stockton Page 10 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Location Map and Aerial Photo Attachment B - General Plan Map Attachment C - Zoning Map Attachment D - Project Plans Attachment E - Planning Commission Resolutions Ordinance - Prezoning Exhibit 1 - Prezone Description Proposed Resolution - Annexation Exhibit 1 - Arch Road City Services Plan Exhibit 2 - Annexation Map Exhibit 3 - MOU Exhibit 4 - Draft Detachment Agreement PPT - 16.2 - Pre-Zone Annex 3568 Arch Rd 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 24-0246 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: PC 2023-07-27.pdf PC 2023-08-10.pdf PC 2023-08-24.pdf PC 2023-09-14.pdf PC 2023-09-21.pdf PC 2023-09-28.pdf City of Stockton Page 11 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 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 March 7, 2024, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 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 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 City of Stockton Page 13 Printed on 3/7/2024 City Council/Successor Agency to Meeting Agenda - Final March 12, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 3/7/2024