City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
3:00 PMTuesday, March 12, 2024
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:
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachments:
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
Attachment A - Redacted Application
Proposed Resolution - AVA Appointment.doc
Attachments:
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
Attachment A - Redacted Application
Proposed Resolution - PC Appointment
Attachments:
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
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
Attachments:
12.5 24-0091 ADOPT A RESOLUTION AUTHORIZING CONTRACT AMENDMENT
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Proposed Resolution
Exhibit 1 - Amendment 4 - SNF Polydyne
Attachments:
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
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
12.7 24-0104 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachment A - Contract No 424000022
Proposed Resolution
Exhibit 1 - Contract Amendment No 1
Exhibit 2 - Scope of Work Amendment No 1
Attachments:
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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Attachment A - Digital Camera Locations
Attachment B - Assignment Letter
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
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
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
Attachments:
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Professional Services Contract
Attachments:
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
PPT - 15.1 - Community Medical Centers Project UpdatesAttachments:
15.2 23-1171 OFFICE OF VIOLENCE PREVENTION ANNUAL UPDATE Recommended Action: RECOMMENDATION
Information only. No action to be taken.
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department: City Manager
PPT - 15.2 - OVP Annual UpdateAttachments:
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
Attachment A - February 2024 ARPA Workshop Materials
Proposed Resolution - 2024 ARPA Adjustments
PPT - 15.3 - 2024 ARPA Recommendations
Attachments:
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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
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
Attachments:
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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachments:
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
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
Attachments:
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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 [email protected]
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 [email protected]. 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
March 12, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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.