City Council/Successor

Agency of the

City of Stockton

Redevelopment

Agency/Public Financing

Authority/Parking Authority

Concurrent Agenda

Meeting Agenda - Final

City Council/Successor Agency to the

Redevelopment Agency/Public

Financing Authority/Parking Authority

Concurrent

Kevin J. Lincoln II (At Large) Mayor/Chair

Christina Fugazi (District 5) Vice Mayor/Vice Chair

Sol Jobrack (District 1)

Daniel R. Wright (District 2)

Paul Canepa (District 3)

Susan Lenz (District 4)

Kimberly Warmsley (District 6)

Tuesday, September 27, 2022

4:00 PM

Council Chamber, City Hall, 425 N. El Dorado

Street, Stockton CA

Closed Session 4:00 PM :: Regular Session 5:30 PM

CLOSED SESSION CALL TO ORDER/ROLL CALL

ADDITIONS TO CLOSED SESSION AGENDA

ANNOUNCEMENT OF CLOSED SESSION

22-0840

3.1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

Number of Cases: Four

Name of Case: Police Officer David LaBarr, (Workers’

Compensation Appeals Board Case No. ADJ

unassigned)

Name of Case: Fire Captain Kevin Walsh, (Workers’

Compensation Appeals Board Case No. ADJ

13581872)

Name of Case: James Weaver, Jr., et al. v. City of Stockton, et al.

(Eastern District of California, Case No.

2:20:CV-00990-JAM-JDP)

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.

Department:

City Attorney

22-0841

3.2

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

3.4

3.5

3.6

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action:

City Manager

This Closed Session is authorized pursuant to Government Code section

54957.

Department:

City Attorney

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action:

City Attorney

This Closed Session is authorized pursuant to Government Code section

54957.

Department:

City Attorney

PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action:

City Clerk

This Closed Session is authorized pursuant to Government Code section

54957.

Department:

City Attorney

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

CLOSED SESSION PUBLIC COMMENT*

RECESS TO CLOSED SESSION

REGULAR SESSION CALL TO ORDER/ROLL CALL

INVOCATION/PLEDGE TO FLAG

REPORT OF ACTION TAKEN IN CLOSED SESSION

ADDITIONS TO REGULAR SESSION AGENDA***

RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.

22-0909

10.1

PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK -

SEPTEMBER 18-24, 2022

Department:

Office of the Mayor

11.

PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

CONSENT AGENDA

12.

22-0860

22-0752

22-0684

12.1

ACCEPT THE SINGLE AUDIT AND INDEPENDENT AUDITORS’

REPORTS AND THE REPORT ON INTERNAL CONTROLS FOR THE

YEAR ENDED JUNE 30, 2021

Recommended Action:

RECOMMENDATION

It is recommended that the City Council accept by motion the Single Audit

and Independent Auditors' Reports and the Report on Internal Control

Related Matters Identified in the Audit for the year ended June 30, 2021.

Department:

Attachments:

Administrative Services

Attachment A - 2021_Stockton_Single Audit_FINAL

12.2

APPROVE AN ORDINANCE ADDING TITLE 8, CHAPTER 8.100, TO

THE STOCKTON MUNICIPAL CODE RELATING TO PROTECTION

OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS

Recommended Action:

RECOMMENDATION

It is recommended that the City Council approves an ordinance adding Title

8, Chapter 8.100, to the Stockton Municipal Code relating to protection of

critical infrastructure and wildfire risk areas.

Department:

Attachments:

City Manager

Proposed Ordinance - Protection of Critical Infrastructure

12.3

RESOLUTION TO ADOPT THE SUMMARY VACATION OF A

PORTION OF RIGHT- OF- WAY AT “E” STREET

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution:

1) Approving the summary vacation of a portion of the public right-of-way at

"E" Street.

2) Authorizing the reservation of a public utility easement.

3) Authorizing the filing of a Notice of Exemption No. 25-22 under the

California Environmental Quality Act for the vacation of a portion of public

right-of-way at "E" Street; and

4) Authorizing the City Manager, or designee, to take all the necessary

and appropriate actions to carry out the purpose and intent of this

resolution.

Department:

Attachments:

Economic Development

Attachment A - Vicinity map - E Street abandonment

Attachment B - Aerial map - E Street abandonment

Proposed Resolution - E Street abandonment

Exhibit 1 - Legal Description - E Street Abandonment

Exhibit 2 - Plat - E Street abandonment

Exhibit 3 - NOE25-22 - E Street abandonment

22-0921

12.4

ADOPT A RESOLUTION AMENDING THE 2022 AFFORDABLE

HOUSING LOAN PROGRAM ALLOCATION

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution:

1. Amending Resolution 2022-07-26-1505 2022 Affordable Housing Loan

Program Allocation removing the ten percent cap of City funding available

for pre-development expenditures that affected the following four projects:

a. $600,000 to Visionary Home Builders for the 72-unit Casa de Mariposa

project;

b. $2,227,632 to Delta Community Developers Corp. (Housing Authority of

the County of San Joaquin) for the 51-unit Park Center Apartments project;

c. $2,242,609 to Service First of Northern California for the 105-unit

Fontana Towers project; and

d. $816,821 to the Central Valley Low Income Housing Corp. and

Stocktonians Taking Action to Neutralize Drugs (STAND) for the 30-unit

Shared Housing Infill Project for the Homeless.

2. Authorize the City Manager, or designee, to take actions that are

necessary and appropriate to carry out the purpose and intent of this

resolution, including the execution of loan documents and the reallocation

of funding sources.

Department:

Economic Development

Attachments:

Attachment A - Approved Resolution 2022-07-26-1505

Proposed Resolution - Amended 2022 Housing Allocations

Exhibit 1 - Funding Recommendations

22-0802

12.5

APPROVE CONTRACT WITH SCOTTS PPE RECON FOR ON-CALL

CLEANING, INSPECTION, AND REPAIR SERVICES FOR FIRE

DEPARTMENT PERSONAL PROTECTIVE EQUIPMENT AND

EXTRACTORS.

Recommended Action:

RECOMMENDATION

It is recommended that the City Council approve a motion to:

1. Approve a three (3) year contract with Scotts PPE Recon for on-call

cleaning, inspection, and repair services for fire department personal

protective equipment and extractors.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070

in support of an exception to the competitive bidding process.

3. Authorize the City Manager to execute a contract in the amount of

$148,500 with Scotts PPE Recon for on-call cleaning, inspection, and

repair services for fire department personal protective equipment and

extractors.

4. Authorize the City Manager the option to execute two (2) additional

one-year contract extensions with an annual not-to-exceed of $49,500

each.

5. Authorize the City Manager to take appropriate and necessary actions

to carry out the purpose and intent of this motion.

Department:

Attachments:

Fire

Attachment A - Agreement - Scotts PPE Recon

22-0803

12.6

ADOPT A RESOLUTION ACKNOWLEDGING THE FIRE

DEPARTMENT’S 2021 ANNUAL INSPECTION STATISTICS FROM

EDUCATIONAL GROUP E AND RESIDENTIAL GROUP R

OCCUPANCIES

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution to acknowledge

the Fire Department's 2021 annual inspection statistics from Educational

Group E and Residential Group R Occupancies per State of California

Health and Safety Code Section 13146.4.

Department:

Attachments:

Fire

Attachment A - 13146.2, 13146.3, & 13146.4

Proposed Resolution - Annual Inspections 2021

Exhibit 1 - 2021 Inspections

22-0906

12.7

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

STOCKTON AND THE STOCKTON POLICE OFFICERS’

ASSOCIATION AND AMENDMENT TO THE PREVIOUSLY

APPROVED MEMORANDA OF UNDERSTANDING BETWEEN THE

CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT

ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT,

AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT

UNIT

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution:

1. Authorizing the approval of the Stockton Police Officers' Association

(SPOA) Memorandum of Understanding (MOU) effective July 1, 2022

through June 30, 2025.

2. Authorizing approval to amend changes to the approved Memoranda of

Understanding between the City of Stockton and the Stockton Police

Management Association (SPMA), Stockton Firefighters' Local 456 Fire

Unit, and Stockton Firefighters' Local 456 Fire Management Unit. The

changes consist of increasing the market adjustments effective July 1,

2023, and July 1, 2024, by 1% each year for members in these bargaining

units.

3. Authorizing the City Manager and the Employee Relations Officer to

take all appropriate and necessary actions to carry out the purpose and

intent of the resolution, including implementation and funding of the

successor SPOA MOU and amendments to the SPMA, Fire, and Fire

Management Unit MOUs.

Department:

Attachments:

Human Resources

Attachment A - SPOA MOU - Redline

Attachment B - SPMA MOU - Redline

Attachment C - Fire Unit MOU - Redline

Attachment D - Fire Management MOU - Redline

Proposed Resolution

Exhibit 1 - SPOA MOU

Exhibit 2 - SPMA MOU

Exhibit 3 - Fire Unit MOU

Exhibit 4 - Fire Management MOU

Exhibit 5 - Budget Amendment

22-0785

12.8

AWARD A CONSTRUCTION CONTRACT TO TNT INDUSTRIAL

CONTRACTORS, INC. FOR THE REGIONAL WASTEWATER

CONTROL FACILITY BIOSCRUBBER REPAIRS

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution to:

1. Approve the filing of Notice of Exemption No. NOE11-22 under the

California Environmental Quality Act (CEQA) for the Regional Wastewater

Control Facility (RWCF) Bioscrubber Repairs, Project No. UW21011

(Exhibit 1 to the Resolution).

2. Approve the project Plans and Specifications for the RWCF Bioscrubber

Repairs, Project No. UW21011 (Exhibit 2 to the Resolution).

3. Award a $623,135 Construction Contract to TNT Industrial Contractors,

Inc. of Sacramento, CA, for the RWCF Bioscrubber Repairs, Project No.

UW21011 (Exhibit 3 to the Resolution).

It is further recommended that the City Manager be authorized to take

appropriate and necessary actions to carry out the purpose and intent of

this resolution.

Department:

Attachments:

Municipal Utilities

Proposed Resolution

Exhibit 1 - Notice of Exemption

Exhibit 2 - Plans & Specifications

Exhibit 3 - Construction Contract

22-0789

12.9

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution to:

1. Approve the filing of Notice of Exemption No. NOE13-22 under the

California Environmental Quality Act (CEQA) for the RWCF Digester Gas

Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 1

to the Resolution).

2. Approve the project plans and specifications for the RWCF Digester Gas

Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 3

to the Resolution).

3. Award a $144,665.00 Construction Contract to Power Engineering

Construction Co. of Alameda, CA for the RWCF Digester Gas Pipeline

Expansion Joints Replacement, Project No. UW21013 (Exhibit 2 to the

Resolution).

4. Transfer funds in the amount of $98,000 from existing capital projects

UW21012 ($53,000) and UW20014 ($45,000) to the RWCF Digester Gas

Pipeline Expansion Joints Replacement (Project No. UW21013),

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:

12.10

ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF

MEMBRANE FILTERS FROM FILMTEC CORPORATION FOR THE

DELTA WATER TREATMENT PLANT

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

for an exception to the competitive bidding process.

2. Authorize a purchase agreement with FilmTec Corporation for

membrane filters in the amount of $456,219.26.

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:

Attachments:

Municipal Utilities

Proposed Resolution

Exhibit 1 - Quote

22-0819

12.11

APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE

INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM

GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF

TRAFFIC SAFETY IN THE AMOUNT OF $493,723

Recommended Action:

RECOMMENDATION

It is recommended that the City Council approve a resolution to:

1. Authorize the City Manager, or designee, to accept a Driving Under the

Influence Selective Traffic Enforcement Program grant award from the State

of California Office of Traffic Safety in the amount of $493,723;

2. Authorize the City Manager, or designee, to execute Grant Agreement

PT23181 and all related documents to carry out the purpose and intent of

the grant award;

3. Amend the Fiscal Year 2022-23 Annual Budget to increase the Police

Grants & Special Programs revenue and expenditure appropriation by

$493,723; and

4. Authorize the City Manager, or designee, to take appropriate and

necessary actions to carry out the purpose and intent of this resolution.

Department:

Attachments:

Police

Proposed Resolution - Grant Agreement PT23181

Exhibit 1 - Grant Agreement PT23181

22-0820

12.12

APPROVE RESOLUTION ACCEPTING GRANT FUNDING FOR THE

BYRNE DISCRETIONARY COMMUNITY PROJECT FUNDING

GRANT IN THE AMOUNT OF $1,000,000 FOR THE SAFER STREETS

AND SAFER COMMUNITIES PROGRAM

Recommended Action:

RECOMMENDATION

It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager, or designee, to accept a Byrne

Discretionary Community Project Funding Grant award allocation from the

United States Department of Justice, Office of Justice Programs, and

Bureau of Justice Assistance in the amount of $1,000,000; and

2. Authorize the City Manager, or designee, to execute all grant award

documents as required by the Bureau of Justice Assistance and accept

applicable terms and conditions; and

3. Amend the Fiscal Year 2022-23 Annual Budget to increase the Police

Grants & Special Programs revenue and expenditure appropriation by

$1,000,000; and

4. Authorize the City Manager, or designee, to take appropriate and

necessary actions to carry out the purpose and intent of this resolution.

Department:

Attachments:

Police

Proposed Resolution - BDC

Exhibit 1 - BDC

13.

14.

ADMINISTRATIVE MATTERS

UNFINISHED BUSINESS

NEW BUSINESS

15.

22-0766

15.1

APPROVE MOTION TO AUTHORIZE AN AGREEMENT WITH

COMMUNITY PARTNERSHIP FOR FAMILIES OF SAN JOAQUIN

Recommended Action:

RECOMMENDATION

It is recommended that the City Council approve a motion authorizing the

City Manager to:

1. Execute an agreement with the Community Partnership for Families of

San Joaquin in the amount of $450,000 to provide Community Programs

and Services for residents of Stockton.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070

to justify and support 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 motion.

Department:

City Manager

Attachments:

Attachment A - CPFSJ 2022 Contract

22-0737

15.2

APPROVE A RESOLUTION TO AUTHORIZE EXECUTION OF A

MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF

STOCKTON AND SAN JOAQUIN COUNCIL OF GOVERNMENTS

FOR THE SUSTAINABLE TRANSPORTATION EQUITY PROJECT

(STEP)

Recommended Action:

RECOMMENDATION

It is recommended that the City Council approve a resolution authorizing

the City Manager to execute a memorandum of understanding (MOU)

between the City of Stockton and the San Joaquin Council of Governments

for the Sustainable Transportation Equity Project (STEP).

It is also recommended that the resolution authorize the City Manager to

take appropriate and necessary actions to carry out the purpose and intent

of this resolution.

Department:

Attachments:

City Manager

Proposed Resolution

22-0889

15.3

DISCUSSION OF PLANNING COMMISSIONER MEMBERSHIP

Recommended Action:

RECOMMENDATION

It is recommended that City Council discuss and provide guidance on

membership eligibility for Planning Commissioners currently serving.

Department:

City Clerk

16.

HEARINGS**

22-0787

16.1

PUBLIC HEARING TO ADOPT A RESOLUTION ACCEPTING THE

2022 REPORT ON WATER QUALITY PUBLIC HEALTH GOALS

Recommended Action:

RECOMMENDATION

It is recommended that the City Council conduct a Public Hearing to

accept and respond to public comment on the 2022 Report on Water

Quality Public Health Goals. At the conclusion of the Public Hearing, it is

recommended that the City Council adopt a resolution to accept the 2022

Report on Water Quality Public Health Goals (Exhibit 1 to the Resolution).

If is also recommended that the City Manager be authorized to take the

necessary and appropriate actions to carry out the purpose and intent of

this resolution.

Department:

Attachments:

Municipal Utilities

Proposed Resolution

Exhibit 1 - Report of Water Quality

PPT - 16.1 - 2022 Public Health Goals

22-0547

16.2

APPEAL OF THE PLANNING COMMISSION DENIAL OF A

COMMISSION USE PERMIT AND DESIGN REVIEW TO ESTABLISH

A RETAIL STOREFRONT CANNABIS BUSINESS AND AN

ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL

NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, IN

AN EXISTING 4,375 SQUARE FOOT COMMERCIAL BUILDING AT

2521 WEST LANE (APPLICATION NO. P21-0602)

Recommended Action:

RECOMMENDATION

It is recommended that City Council adopt a resolution to:

1. Reverse the Planning Commission's denial of a Commission Use Permit

to allow the establishment of a proposed retailer storefront cannabis

business, in accordance with the findings and subject to conditions in the

proposed Resolution; and

2. Reverse the Planning Commission's denial of an Administrative Use

Permit to allow a retail non-storefront (delivery only) cannabis business, in

accordance with the findings and subject to conditions in the proposed

Resolution; and

3. Reverse the Planning Commission's denial of Design Review for

architectural modifications to an existing building, in accordance with the

findings and subject to conditions in the proposed Resolution.

Department:

Attachments:

Community Development

Attachment A - Location Map, General Plan and Zoning Designation

Attachment B - Communication from Aspire Schools

Attachment C - Existing Commercial Cannabis Business Locations

Attachment D - Project Plans

Attachment E - Applicant Appeal

Proposed Resolution - Recommending Approval

Exhibit 1

PPT - 16.2 - 2521 West Lane

17.

18.

19.

CITY MANAGER'S UPDATE

COUNCIL COMMENTS

ADJOURNMENT

INFORMATIONAL ITEMS

*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 three 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. If a large number of

people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to

three (3) minutes.

***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 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.