City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - - Revised Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Anthony Silva, Mayor/Chair Christina Fugazi, Vice Mayor/Vice Chair (District 5) Elbert H. Holman Jr. (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Moses Zapien (District 4) Michael D. Tubbs (District 6) Tuesday, June 9, 2015 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Revised to amend Closed Session Item 3.1 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 15-1565 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Five 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 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) City of Stockton Page 1 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Name of Case: In re Andrew Prouty (Worker's Compensation Appeals Board Case Nos. ADJ740125; ADJ975658; ADJ17793) (Agenda amended to add this case - June 5, 2015) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney This item amended June 5, 2015 3.2 15-1566 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: 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. Department: City Attorney 3.3 15-1567 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Three Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.4 15-1568 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* City of Stockton Page 2 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 13-0680 REFUND OF WASTEWATER SERVICE CHARGES COLLECTED Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the refund of Wastewater service charges to St. Joseph's Medical Center (SJMC) in the amount of $162,133.72. Department: Administrative Services Attachments: Attachment A - SJMC Refund Request Form Attachment B - SJMC Refund Calculation Proposed Resolution - Approving Refund to St Joseph Hospital 12.2 15-1587 2015 AFFORDABLE HOUSING LOANS PROGRAM ALLOCATION City of Stockton Page 3 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the following loans for five affordable housing activities: a. $1,200,000 to Domus Development/AG Spanos Companies for the Anchor Village project; b. $3,485,000 to VCOR, LP for the Grand View Village project; c. $720,000 to Visionary Home Builders of California for the Hunter Street Apartments project; d. $275,000 to Habitat for Humanity for the Alvarado Court and Dream Creek projects; e. $225,000 to Stocktonians Taking Action to Neutralize Drugs (S.T.A.N.D.) for the City Center Infill project; and 2. Approving the allocation of 50 low-income housing units to the Anchor Village project, 80 low-income housing units to the Hunter Street Apartments project, and increase the allocation to Grand View Village from 100 units to 106 pursuant to Article XXXIV of the California Constitution; and 3. Approving the appropriation of $3.2 million of housing bond proceeds to Low-Moderate Income Housing Fund; and 4. Authorizing the City Manager, or his designee, to take whatever actions are necessary and appropriate, including the execution of loan documents, to carry out the intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution 2014-12-16-1211 Attachment B - Resolution 2015-04-21-1501-01 Attachment C - Site Maps Proposed Resolution - 2015 Affordbale Housing Loans Program Exhibit 1 12.3 15-1629 RESOLUTION AUTHORIZING THE CITY MANAGER TO RESTATE THE TERMS OF AGREEMENT A-87-1360 FOR DELIVERING SURFACE WATER TO LINCOLN VILLAGE AND COLONIAL HEIGHTS, AMEND THE COMPENSATION PAID TO THE CITY OF STOCKTON FOR USE OF ITS WATER DELIVERY SYSTEM, AND TERMINATE LINCOLN VILLAGE WATER SERVICE AGREEMENT A-89-1400 City of Stockton Page 4 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Restate the terms of Agreement A-87-1360 for Delivering Surface Water to Colonial Heights and Lincoln Village; 2. Amend the compensation paid to the City for the use of its water delivery system; and 3. Terminate Lincoln Village Agreement A-89-1400. Department: Municipal Utilities Attachments: Attachment A - City Council Resolution No. 87-0505 Attachment B - Agreement for Wheeling of Surface Water Attachment C - Lincoln Village Water Service Agreement Attachment D - SEWD Agreement Proposed Resolution Exhibit 1 - Amendment 12.4 15-1776 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve minutes of the May 19, 2015 City Council Meeting. Department: City Clerk Attachments: 2015-05-19 City Council 12.5 15-1620 PURCHASE OF BODY-WORN CAMERA SYSTEM FOR THE POLICE DEPARTMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving findings to support an exception to the competitive bidding requirement and authorize the purchase of body-worn camera devices from VieVu; 2. Increase the Fiscal Year 2014-15 Budget for the Stockton Police Foundation in the amount of $350,000; 3. Purchase the associated hardware and local storage solution; and 4. Authorize the allocation of one Evidence Technician I position in the Police Department and one Senior Systems Analyst position in the Information Technology Department. Department: Police Attachments: Proposed Resolution - 2015-06-09 Body Camera 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS City of Stockton Page 5 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 15. NEW BUSINESS 15.1 15-1677 APPOINTMENT TO THE SAN JOAQUIN COUNTY COMMISSION ON AGING Recommended Action: RECOMMENDATION Resolution appointing one member to the Commissioner to the San Joaquin County Commission on Aging for a term commencing immediately and ending September 16, 2017. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Aging Appointment 16. HEARINGS**** 16.1 15-1539 PUBLIC HEARING AND COUNCIL APPROVAL OF THE 2015-2016 STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE ASSESSMENT DISTRICT 2005-1 ANNUAL ENGINEER’S REPORT FOR THE 2015-2016 FISCAL YEAR AND BUDGET Recommended Action: RECOMMENDATION This is a Public Hearing to consider public comment and testimony regarding the approval and adoption of the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 Annual Engineer's Report for Fiscal Year 2015-2016 including the Assessment Rolls. At the conclusion of the public hearing, if a majority protest does not exist, it is recommended that the City Council adopt a resolution overruling all protests, approving and adopting the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 (District) Annual Engineer's Report for the 2015-2016 Fiscal Year, which contains the budget for each Zone, and confirming and levying the assessments for each Zone as set forth in the report. Department: Municipal Utilities Attachments: Attachment A - Map Attachment B - Budgets Proposed Resolution - 2015-16 Consolidated Storm Drainage Maintenance 16.2 15-1540 PUBLIC HEARING TO APPROVE THE FISCAL YEAR 2015-2016 ANNUAL BUDGET AND ASSESSMENT ROLLS FOR FIVE STORM DRAINAGE BASIN MAINTENANCE DISTRICTS City of Stockton Page 6 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION This is a public hearing to consider public comment and testimony regarding the approval and adoption of the annual budgets and assessment rolls for the City's five industrial storm drainage basin maintenance districts. At the conclusion of the public hearing, if a protest does not exist, it is recommended that the City Council adopt resolutions overruling all protests approving the preliminary annual budget, and confirming and levying for the Fiscal Year (FY) 2015-2016 assessments for each of the five industrial storm drainage basin maintenance assessment districts (Districts). 1. Arch Road Industrial Park Storm Drainage Basin Maintenance District, Project Number 84-2 (Arch Road) 2. Charter Way Industrial Site Storm Drainage Basin Maintenance District, Project Number 86-4 (Charter Way) 3. Western Pacific Industrial Park Storm Drainage Basin Maintenance District, Project Number 81-1 (Western Pacific) 4. Stockton Airport Business Center Storm Drainage Basin Maintenance District, Project Number 84-1 (Stockton Airport) 5. Airport Gateway Center Storm Drainage Basin Maintenance District (Airport Gateway) Department: Municipal Utilities Attachments: Attachment A - Map Attachment B - Budgets Attachment C - Fund Balances Proposed Resolution - Arch Road Proposed Resolution - Charter Way District Proposed Resolution - Western Pacific Proposed Resolution - Stockton Airport Business Center Proposed Resolution - Airport Gateway 16.3 15-1665 PUBLIC HEARING: ADOPT BUDGET FOR THE 2015-2016 CENTRAL STOCKTON LIGHTING MAINTENANCE DISTRICT City of Stockton Page 7 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION This public hearing is to consider public comments and testimony regarding the Fiscal Year 2015-2016 Central Stockton Lighting Maintenance District (District) Annual Engineer's Report, preliminary budget, and levy of assessments. At the conclusion of the public hearing, if owners of more than 50 percent of the area of assessable lands within the District have not protested the proposed levy of annual maintenance assessments, it is recommended that Council adopt a resolution overruling any and all protests, approving and adopting the District's Annual Engineer's Report for the Fiscal Year (FY) 2015-2016 containing the preliminary budget, confirming and levying the assessments as set forth in the Annual Engineer's Report, confirming that the assessments are in compliance with State of California Streets and Highways Code Section 22500, that the assessments are levied without regard to property valuation, and that the assessments are to fund maintenance of streetlights in public rights-of-way. It is further recommended that the resolution authorize the City Manager to take appropriate actions to carry out the purpose and intent of this resolution. Department: Public Works Attachments: Attachment A - Vinicity Map Attachment B - Proposed 2015-2016 Budget Proposed Resolution 16.4 15-1666 PUBLIC HEARING: ADOPT BUDGET FOR THE 2015-2016 STOCKTON CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 96-2 City of Stockton Page 8 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION This public hearing is to consider public comments and testimony regarding the Fiscal Year 2015-2016 Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 (Consolidated Landscape District) Annual Engineer's Report, budget, and levy of assessments. At the conclusion of the public hearing, if owners of more than 50 percent of the area of assessable lands within the Consolidated Landscape District have not protested the proposed levy of annual maintenance assessments, it is recommended that Council adopt a resolution overruling any and all protests, approving and adopting the Consolidated Landscape District's Annual Engineer's Report for the Fiscal Year (FY) 2015-16 containing the budget for each zone, confirming and levying the assessments for each zone as set forth in the Annual Engineer's Report, confirming that the assessments are in compliance with State of California Streets and Highways Code Section 22500, that the assessments are levied without regard to property valuation, and that the assessments are to fund maintenance of public parks, landscape improvements, and street lights in public rights-of-way and public open spaces. It is further recommended that the resolution authorize the City Manager to take appropriate actions to carry out the purpose and intent of this resolution. Department: Public Works Attachments: Attachment A - Vinicity Map Attachment B - Proposed Budget Attachment C - Summary of Zones Proposed Resolution 16.5 15-1699 PUBLIC HEARING TO APPROVE THE ANNUAL BUDGET AND ASSESSMENT ROLLS FOR THE 2015-16 HOLIDAY PARK MAINTENANCE DISTRICT Recommended Action: RECOMMENDATION 1. This public hearing is to consider public comments and testimony regarding the Holiday Park Maintenance District 2015-2016 Proposed Assessment; and 2. Adopt a resolution adopting the annual budget, authorize approval of an assessment of $46,598 for the Holiday Park Maintenance District for fiscal year 2015-2016, authorize the City of Stockton Chief Financial Officer to assess those parcels within the assessment district, and authorize the City Manager to take appropriate actions to carry out the purpose and intent of the resolution. Department: Community Services City of Stockton Page 9 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Holiday Park Vicinity Map Attachment B - Holiday Park Assessment District Map Attachment C - Holiday Park Maintenance District Budget 2015-16 Proposed Resolution - Holiday Park 2015-16 16.6 15-1740 PUBLIC HEARING ADOPTING THE PROPOSED (WITH REVISIONS) FISCAL YEAR (FY) 2015-2016 ANNUAL BUDGET; APPROVING THE 2015-2020 CAPITAL IMPROVEMENT PROGRAM; APPROVING THE FY 2015-2016 FEE SCHEDULE; APPROVING THE FY 2015-2016 CALIFORNIA CONSTITUTIONAL APPROPRIATIONS LIMIT; ADOPTING THE FY 2015-2016 ANNUAL BUDGET FOR THE PARKING AUTHORITY OF THE CITY OF STOCKTON; AND ADOPTING THE FY 2015-2016 ANNUAL BUDGET FOR THE SUCCESSOR AGENCY TO THE FORMER STOCKTON REDEVELOPMENT AGENCY Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution that: * Adopts the Fiscal Year (FY) 2015-2016 Annual Budget and also adopts the Proposed 2015-2020 Capital Improvement Program, the Proposed FY 2015-2016 Fee Schedule and the FY 2015-2016 California Constitutional (GANN) Appropriations Limit. And it is recommended that the Parking Authority of the City of Stockton (Parking Authority) approve a resolution that: * Adopts the FY 2015-2016 Annual Budget for the Parking Authority (Exhibit 1 to the Parking Authority resolution and as presented on page I-39 of the FY 2015-16 Proposed Annual Budget). And it is recommended that the Successor Agency to the former Stockton Redevelopment Agency (Successor Agency) approve a resolution that: * Adopts the FY 2015-2016 Annual Budget for the Successor Agency to the former Stockton Redevelopment Agency (Exhibit 1 to the Successor Agency resolution). Department: Administrative Services Attachments: Proposed Resolution - City Council - FY 2015-16 Annual Budget Exhibit 1 to Resolution - City Council - FY 2015-16 Annual Budget Proposed Resolution - Parking Authority - FY 2015-16 Annual Budget Exhibit 1 to Resolution - Parking Authority - FY 2015-16 Annual Budget Proposed Resolution - Successor Agency - FY 2015-16 Annual Budget Exhibit 1 to Resolution - Successor Agency - FY 2015-16 Annual Budget City of Stockton Page 10 Printed on 6/5/2015 City Council/Successor Agency to Meeting Agenda - - Revised June 9, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 17. COUNCIL COMMENTS 18. 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. ***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. **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. 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 disabled 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) 937-8459, 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. 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 6/5/2015