City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - Final Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent Anthony Silva, Mayor/Chair Paul Canepa, Vice Mayor/Vice Chair (District 3) Elbert H. Holman Jr. (District 1) Katherine M. Miller (District 2) Moses Zapien (District 4) Dyane Burgos Medina (District 5) Michael D. Tubbs (District 6) Tuesday, January 14, 2014 3:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 3:30 | Regular Session 5:30 Councilmember Tubbs will be attending the meeting via teleconference from the following locations: Closed Session at 3:30 p.m. from: The Center for Healthy Communities 1000 North Alameda Street Los Angeles, CA 90012 AND Open Session at 5:30 p.m. from: Radisson Hotel Midtown at USC 3540 S Figueroa Street Los Angeles, CA 90007 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 14-0046 3.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four Name of Case: Wells Fargo Bank v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00277662) Name of Case: Wells Fargo Bank, National Association, as City of Stockton Page 1 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Indenture Trustee v. City of Stockton (San Joaquin County Superior Court Case No. 39-2012-00280741) Name of Case: In re City of Stockton, California - Debtor (United States Bankruptcy Court, Eastern District of California Case No. 2012-32118) Name of Case: Richard Price, et al. v. City of Stockton, Redevelopment Agency, et al. (United States District Court, Eastern District Case No. CIV.S-02-0065 LKK JFM) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. 3.2 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Interim City Manager Kurt Wilson 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. 3.3 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Teresia Zadroga-Haase City Manager This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code. 3.4 PUBLIC EMPLOYEE APPOINTMENT Title: City Manager City of Stockton Page 2 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, 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 . 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** **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. 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, 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 . 12. CONSENT AGENDA 12.1 13-1035 APPOINTMENT TO THE COMMUNITY DEVELOPMENT COMMITTEE RECOMMENDATION It is recommended that the City Council adopt a resolution reappointing James Gorman to the Community Development Committee for a term effective immediately and ending on September 30, 2016. Department: Economic Development City of Stockton Page 3 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - Boards and Commissions Vacancies Attachment B - Applicaton for Appointment Resolution - Reappointment of CDC Member Gorman 12.2 13-1047 APPROVE PLANS AND SPECIFICATIONS, AND THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM FOR THE MCKINLEY AVENUE BRIDGE EROSION REPAIRS, PROJECT NO. 08-18 RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, and authorizing the filing of a Notice of Determination under the California Environmental Quality Act (CEQA) for the McKinley Avenue Bridge Erosion Repairs over North Branch of French Camp Slough, Project No. 08-18. In addition, it is recommended that the City Council approve a motion to adopt the plans and specifications for the McKinley Avenue Bridge Erosion Repairs over North Branch of French Camp Slough, Project 08-18. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of the respective resolution and motion. Department: Public Works Attachments: Attachment A - Vicinity Map Proposed Resolution - McKinley Avenue Bridge Erosion Repairs 12.3 13-1069 2014 ANNUAL OPERATING BUDGET AND ASSESSMENT FOR THE STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT RECOMMENDATION It is recommended that the City Council adopt a resolution approving 2014 Annual Operating Budget and Assessment for the Stockton Tourism Business Improvement District. Department: City Manager Attachments: Proposed Resolution - 2014 SCVB Annual Budget Exhibit 1 - 2014 - SCVB Annual Service Plan Exhibit 2 - 2014 SCVB Budget - Final 12.4 13-1095 AGREEMENTS WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION TO DISTRICT PERFORM ALL FUNCTIONS City of Stockton Page 4 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent INCIDENT TO THE ADMINISTRATION AND OPERATION OF THE 3/4 CENT SALES TAX TO BE IMPLEMENTED ON APRIL 1, 2014 RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the “Preparatory Agreement” and the “Administrative Agreement” with the State of California, Board of Equalization to Districtperform exclusively all functions incident to the administration and operation of the 3/4 cent sales tax to be implemented on April 1, 2014. Department: Administrative Services Attachments: Proposed Resolution for BOE Exhibit A - Preparatory Agreement Exhibit B - Administrative Agreement 12.5 14-0043 APPROVAL OF CITY COUNCIL MINUTES Approve the minutes from the December 3, 2013 regular meeting. Department: City Clerk Attachments: 2013-12-03 Minutes 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-1045 ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM, AND AWARD A CONSTRUCTION CONTRACT FOR THE ARCH ROAD SANITARY SEWER TRUNK LINE, PROJECT NO. M09106 RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, and authorizing the filing of a Notice of Determination under the California Environmental Quality Act (CEQA) for the Arch Road Sanitary Sewer Trunk Line, Project No. M09106. In addition, it is recommended that the City Council approve a motion to adopt the plans and specifications, and authorize the City Manager to execute a Construction Contract in the amount of $2,559,862 to the City of Stockton Page 5 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent lowest responsible bidder, DSS Company dba Knife River Construction (Knife River Construction), for the Arch Road Sanitary Sewer Trunk Line, Project No. M09106. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of the respective resolution and motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Construction Contract with DSS Company dba Knife River Construction Resolution - Arch Road Sanitary Sewer Trunk Line, Project No. M09106 15.2 13-1046 REQUEST FOR PROPOSALS FOR THE DEVELOPMENT OF AN ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR THE CITY OF STOCKTON RECOMMENDATION It is recommended that the City Council approve a motion authorizing the issuance of a Request for Proposals (RFP) for the development of a comprehensive Economic Development Strategic Plan for the City of Stockton and authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Economic Development Strategic Plan - RFP 15.3 13-1091 FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2012 RECOMMENDATION It is recommended the Council accept by motion action the Comprehensive Annual Financial Report for the year ended June 30, 2012. Department: Administrative Services Attachments: Attachment A - Comprehensive Annual Financial Report for the fiscal year ended June 30, 2012 Attachment B - SAS 115 Communicating Internal Control Related Matters Identified in an Audit Attachment C - Unrecorded Audit Adjusting Journal Entries 16. HEARINGS*** ***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. 16.1 14-0051 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO UPGRADE THE OFF-SALE OF City of Stockton Page 6 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING RETAIL OUTLET AT 8024 NORTH EL DORADO STREET (P13-148) RECOMMENDATION It is recommended that the City Council adopt a Resolution affirming the Planning Commission’s denial of the request for a Use Permit to upgrade the off-sale of beer and wine (Type 20) to the off-sale of general alcoholic beverages (Type 21) in an existing retail outlet at 8024 North El Dorado Street. (Note: This item is continued from the December 17, 2013 City Council meeting - Agenda Item 16.2) Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Project Location Maps Attachment C - September 12, 2013 Planning Commission Staff Report Attachment D - Findings for Denial Proposed Resolution - Affirming Planning Commission Denial 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS All proceedings before the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meetings of the City Council/ Successor Agency to the Redevelopment Agency/Public Financing Authority, please contact the Office of the City Clerk at (209) 937-8459 at least 48 hours prior to the meeting to enable the City/Agency to make reasonable arrangements to ensure accessibility. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459. The Agenda is available on the City of Stockton Website: www.stocktongov.com 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 City of Stockton Page 7 Printed on 1/8/2014 City Council/Successor Agency to Meeting Agenda - Final January 14, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 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 interest City of Stockton Page 8 Printed on 1/8/2014