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 Kevin J. Lincoln II, Mayor/Chair (At Large) Kimberly Warmsley, VIce Mayor (District 6) Michele Padilla (District 1) Daniel R. Wright (District 2) Michael Blower (District 3) Susan Lenz (District 4) Brando Villapudua (District 5) Tuesday, September 10, 2024 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 Wright will participate in the meeting via teleconference from the following location: Hyatt Regency Capitol Hill, Business Center, 400 New Jersey Avenue NW, Washington, DC 20001 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 24-0777 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four Name of Case: Byron Santos v. City of Stockton, et al., (San Joaquin County Superior Court Case No. STK-CV-UCR-2023-4267) Name of Case: Police Sergeant Jimmy Kwan (Workers’ Compensation Appeals Board Case No.ADJ18313761) Name of Case: Police Officer David Labarr (Workers’ Compensation Appeals Board Case No. ADJ17053716) City of Stockton Page 1 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Name of Case: Police Chief Pilot Daniel Lowry (Workers’ Compensation Appeals Board Case No.ADJ15808841) 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 24-0808 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 24-0946 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Number of Cases: One Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e) (3)...BODY 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 City of Stockton Page 2 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10. 1 24-0900 CERTIFICATE OF RECOGNITION: CALIFORNIA GIRLS STATE CITIZENS 2024 - AMERICAN LEGION AUXILIARY 16 Department: Office of the Mayor 10. 2 24-0942 PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK - SEPTEMBER 15-21, 2024 Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 24-0914 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of July 26, 2024 Department: City Clerk Attachments: Attachment A – 2024-07-26 Minutes 12.2 24-0899 ADOPT RESOLUTION TO ACCEPT A 2023 ASSISTANCE TO FIREFIGHTERS GRANT AWARD FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR IDLH MONITORING EQUIPMENT AND TRAINING Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the City Manager to accept a grant from the Federal Emergency Management Agency (FEMA) for the 2023 Assistance to Firefighters Grant in the amount of $63,550.67 for the purchase of Immediately Dangerous to Life or Health (IDLH) monitoring equipment and training. 2. Authorize the City Manager to appropriate $6,355.07 from the General Fund Grant Match Account to cover the required 10 percent of federal fund local match. 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. City of Stockton Page 3 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Fire Attachments: Attachment A - Award Package Proposed Resolution 12.3 24-0459 ACCEPT THE 2025 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE 2025 HEALTH PREMIUM RATES FOR THE CITY’S HEALTH PLANS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Accept the 2025 Annual Health Benefits Report for the City's medical, dental, and vision plans; 2. Approve the 2025 Health Premium Rates for the City's health plans; and 3. Authorize the City Manager or their designee to execute health benefit policies and plans to address the health care needs of the City's employees. Department: Human Resources Attachments: Attachment A - 2025 Health Premium Rates Attachment B - 2025 Annual Health Benefits Report 12.4 24-0801 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH VALLEY LANDSCAPING & MAINTENANCE, INC. FOR LANDSCAPE SERVICES AT THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to award a five-year contract to Valley Landscaping & Maintenance, Inc., of Lodi, CA, in the amount of $173,700, for landscape services at the Delta Water Treatment Plant (Exhibit 1 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 - Contract 12.5 24-0827 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH BADGER DAYLIGHTING CORP FOR REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES City of Stockton Page 4 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 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. Approve the Specifications and Addenda for Regional Wastewater Control Facility Process Cleaning Services (PUR 24-037) (Exhibit 1 to the Resolution). 2. Authorize the City Manager to execute a five-year contract for Regional Wastewater Control Facility Process Cleaning Services with Badger Daylighting Corp for the not-to-exceed amount of $3,311,000. (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- Request for Proposals Exhibit 2 - Standard Agreement 12.6 24-0840 ADOPT A RESOLUTION TO FINALIZE A GRANT APPLICATION FOR A UNITED STATES BUREAU OF RECLAMATION WATERSMART: WATER AND ENERGY EFFICIENCY GRANT FOR FEDERAL FISCAL YEAR 2024 City of Stockton Page 5 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 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. Authorize the City Manager to, sign, apply for, and accept a United States Bureau of Reclamation WaterSMART: Water and Energy Efficiency Grant for Federal FY 24 in the amount not-to-exceed of $4,273,925 on behalf of the City of Stockton. 2. Authorize the City Manager to finalize the grant application and all information submitted for consideration and to certify that the Municipal Utilities Department has and will provide $4,273,925 in non-federal cost-share funding and/or in-kind contributions specified in the grant funding plan of $8,547,850. 3. Authorize the City Manager to certify that the City has and will comply with all statutory and regulatory requirements related to any grant funds. 4. Authorize the City Manager to negotiate and execute a financial assistance agreement and any amendments thereto on behalf of the City of Stockton. It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Attachment A - WEEG-008 City of Stockton Proposed Resolution 12.7 24-0851 AWARD A PROFESSIONAL SERVICES AGREEMENT TO GATEWAY PACIFIC CONTRACTORS, INC. TO DESIGN AND CONSTRUCT THE DELTA WATER TREATMENT PLANT GROUNDWATER RECHARGE BASIN PROJECT 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. Award a Professional Services Agreement to Gateway Pacific Contractors, Inc. of Sacramento, CA, in the not-to-exceed amount of $11,483,248 to design and construct the Delta Water Treatment Plant Groundwater Recharge Basin Project (UH21005) and associated infrastructure. It is also recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of this resolution. City of Stockton Page 6 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Municipal Utilities Attachments: Attachment A - Gateway Pacific Proposal Proposed Resolution Exhibit 1 - Contract 12.8 24-0947 ADOPTION OF PROPOSED REDLINE CHANGES TO CHAPTER 4.06 OF THE COUNCIL POLICY MANUAL Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt by resolution the proposed redline changes to Chapter 4.06, Section 4.06.010 of the Council Policy Manual. Department: City Attorney Attachments: Attachment A - Council Policy 4.06.010-redlined Proposed Resolution - Electronic Devices.docx Exhibit 1 - Council Policy 4.06.010 (clean).pdf 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 16. HEARINGS** 16.1 24-0773 ADOPT AN ORDINANCE AMENDING TITLE 8, TO ADD CHAPTER 8.104 TO THE STOCKTON MUNICIPAL CODE REGARDING ILLEGAL DUMPING AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE City of Stockton Page 7 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 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 8 of the Stockton Municipal Code ("SMC") to adopt and add Chapter 8.104 regarding Illegal Dumping. 2. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to illegal dumping fines. 3. Authorize the City Manager, or designee, to submit the approved ordinance and resolution to the San Joaquin County Civil Grand Jury, in response to Case No. 0519, Illegal Dumping: Talking Trash. 4. 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: Attachment A - Proposed Ordinance Red-lined Proposed Resolution - Illegal Dumping Exhibit 1 – FY2024-25 Proposed New Fees PPT - 16.1 - Illegal Dumping Ordinance 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 24-0852 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Audit 2024-04-22 Audit 2024-07-08 CSC 2024-05-16 CSC 2024-06-20 Planning Commission 2024-04-25 Planning Commission 2024-06-13 Planning Commission 2024-06-27 City of Stockton Page 8 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 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 September 5, 2024, in compliance with the Brown Act. Katherine Roland, CMC, CPMC Interim City Clerk By: ________________________________ Deputy City of Stockton Page 9 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 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. Spanish Language interpreter requests must be received at least 72 business hours in advance of the meeting for the best possible availability. Contact the City Clerk's Office as soon as possible at (209) 937-8458 or City.Clerk@stocktonca.gov Las solicitudes de intérpretes de español deben recibirse al menos 72 horas hábiles antes de la reunión para la mejor disponibilidad posible. Comuníquese con la Oficina de la Secretaria Municipal lo antes posible al (209) 937-8458 o City.Clerk@stocktonca.gov 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, City of Stockton Page 10 Printed on 9/5/2024 City Council/Successor Agency to Meeting Agenda - Final September 10, 2024 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 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 11 Printed on 9/5/2024