City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - Final 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, December 15, 2015 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM :: Regular Session 5:30 PM 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 15-1763 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Recommended Action: 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 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. Department: City Attorney 3.2 15-1775 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: 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 15-1828 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 15-2246 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Recommended Action: Number of Parcels: One Address: 135 West Fremont Street, Stockton, California APN: 137-190-30 Owner: State of California Agency Negotiators: Kurt Wilson, City Manager Under Negotiation: Price and Terms This Closed Session is authorized pursuant to Section 54956.8 of the Government Code. Department: City Attorney 4. PUBLIC COMMENT* 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** City of Stockton Page 2 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 15-2029 GRANT AWARD FOR THE SEXUAL ASSAULT LAW ENFORCEMENT SPECIALIZED UNIT PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to accept grant funding from the California Office of Emergency Services in the amount of $188,975 for the Sexual Assault Specialized Response Unit Program, approve a 25 percent cash match in the amount of $62,992, for a total program cost of $251,967, and authorize the City Manager to execute all required contracts or agreements with the granting agency, provide additional information and furnish such documents as may be required, execute all documents and amendments or extensions pertaining to the grant project, and make all required appropriations in compliance with and for the purposes stated in the project contract, and to take all necessary and appropriate actions to carry out the purpose and intent of the Resolution. Department: Police Attachments: Attachment A - Agreement Proposed Resolution - FY16 Sexual Assault Grant 12.2 15-2144 ANIMAL SERVICES MEDICAL SUPPLY PURCHASES Recommended Action: RECOMMENDATION It is recommended that City Council approve findings justifying an exception to the competitive bid process and authorize the purchase of medicine and medical supplies for the Animal Shelter from MWI Veterinary Supply, Inc. for the 2015-16 Fiscal Year by ratifying current fiscal year purchases in the amount of $68,297 and approve additional estimated purchases in the amount of $111,703 for a total purchase amount of $180,000. Department: Police 12.3 15-2156 RENEWAL OF THE AGREEMENT WITH SAN JOAQUIN REGIONAL CONSERVATION CORPS FOR LITTER AND GRAFFITI ABATEMENT City of Stockton Page 3 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a renewal of the Agreement between the City of Stockton and San Joaquin Regional Conservation Corps, for litter and graffiti abatement services. It is further recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Police Attachments: Attachment A - Agreement with SJ Regional Conservation Corps 12.4 15-2099 AUTHORIZE THE CITY MANAGER TO APPLY TO THE STATE WATER RESOURCES CONTROL BOARD CLEAN WATER STATE REVOLVING FUND PROGRAM, EXECUTE A FINANCIAL ASSISTANCE AGREEMENT FOR THE PLANNING AND DESIGN OF THE REGIONAL WASTEWATER CONTROL FACILITIES PROJECT, PLEDGE REVENUES AS SECURITY FOR PAYMENT OF THE FINANCING AGREEMENT AND MAKE OTHER CERTIFICATIONS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt two resolutions: 1. Authorize the City Manager as the designated Authorized Representative to apply for, file and execute a Financial Assistance Agreement and amendments from the State Water Resources Control Board Clean Water State Revolving Fund Program (CWSRF) for Progressive Design-Build Services for the Regional Wastewater Control Facilities Project and make other certifications. 2. Authorize the City Manager to pledge Wastewater Net Revenues as a source of revenue for payment of any and all Clean Water State Revolving Fund Program financing of the Progressive Design-Build Services for the Regional Wastewater Control Facilities Project. Department: Municipal Utilities Attachments: Proposed Authorizing Resolution Proposed Resolution - Stockton Pledged Revenues 12.5 15-2165 SINGLE-FAMILY HOUSING REHABILITATION LOAN FOR 509 WEST HOWARD STREET City of Stockton Page 4 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve a $90,000 CALHOME (CalHome) Loan to Aurelio G. Diaz and Madeline Jane Diaz for repairs to their home located at 509 West Howard Street; and 2. Authorize the City Manager, or his designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Photos Attachment C - Housing Program Guidelines Attachment D - Resolution 08-0460 Attachment E - CalHOME Loan Agreement 12.6 15-2166 AMENDMENT TO STOCKTON CITY CENTER 16, LLC AGREEMENT FOR THE CINEPLEX PROJECT Recommended Action: RECOMMENDATION It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") adopt a resolution to amend the Disposition and Development Agreement ("DDA") with Stockton City Center 16, LLC, for the Multi-Screen Theater Complex (the "Project" or "Cineplex"), to add Section 6.2 (h) - Buyout of Agency Investment. Department: Economic Development Attachments: Proposed Resolution - Stockton City Center 16, LLC Exhibit 1 - Proposed Amendment 12.7 15-2171 APPROVE PURCHASE OF FORTY-SEVEN POLICE INTERCEPTOR UTILITY VEHICLES FROM BIG VALLEY FORD Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve the purchase of 47 Ford Police Interceptor Utility Vehicles from Big Valley Ford of Stockton, California, in the amount of $1,457,648.60. It is further recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Bid Documents 12.8 15-2172 ORDINANCE AMENDING TITLE 2, CHAPTER 2.12 OF THE STOCKTON MUNICIPAL CODE AND RESCINDING RESOLUTION City of Stockton Page 5 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 98-0052 ELIMINATING A CANDIDATE FILING FEE AND MANDATING THE ELECTRONIC AND PAPERLESS FILING OF CAMPAIGN FINANCE DISCLOSURE STATEMENTS AND STATEMENTS OF ECONOMIC INTEREST Recommended Action: RECOMMENDATION Approve an ordinance which would delete current section 2.12.010 of the Stockton Municipal Code and rescind Council Resolution 98-0052 (Attachment A), eliminating the $25.00 candidate filing fee, and add language to mandate the electronic and paperless filing of campaign finance disclosure statements by elected officials, candidates, and committees (Attachment B) and mandate the electronic and paperless filing of the Statement of Economic Interest by filers identified in the City's Conflict of Interest Code. Department: City Clerk Attachments: Attachment A - Council Resolution 98-0052 Attachment B - Ordinance - Redline version Attachment C - Government Code section 84615 Proposed Ordinance - Mandating Electronic Filings 12.9 15-2190 RESOLUTION APPROVING THE APPOINTMENT OF MICHAEL AMMANN TO THE DEVELOPMENT OVERSIGHT COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the appointment of Michael Ammann to fill the vacant position on the Development Oversight Commission as the San Joaquin Partnership representative, for a term that will expire on October 20, 2019. Department: Community Development Attachments: Proposed Resolution - Commission Appointment 12.10 15-2201 ADOPTING THE 2016 STATE AND FEDERAL LEGISLATIVE PROGRAMS Recommended Action: RECOMMENDATION It is recommended that by motion action, the City Council adopt the 2016 State and Federal Legislative Programs and authorize the City Manager to pursue the objectives outlined in these programs through advocacy efforts in Sacramento and Washington, D.C. Department: City Manager Attachments: Attachment A - 2016 State Legislative Program - Redline Attachment B - 2016 State Legislative Program - Final Attachment C - 2016 Federal Legislative Program - Redline Attachment D - 2016 Federal Legislative Program - Final City of Stockton Page 6 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-2198 ACCEPT THE PLANNING COMMISSION’S RECOMMENDATION AND APPROVE A MOTION DIRECTING THE CITY MANAGER TO SUBMIT THE DRAFT 2015-2023 HOUSING ELEMENT, WITH AMENDMENTS INCORPORATED, TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Recommended Action: RECOMMENDATION It is recommended that the City Council accept the Planning Commission's recommendation and approve a motion directing the City Manager to submit the "Draft 2015-2023 Housing Element," with amendments incorporated, to the State Department of Housing and Community Development for the required review (Government Code � 65585). Department: Community Development Attachments: Attachment A - Draft 2015-2023 Housing Element Attachment B - Public Comment Letters 15.2 15-2230 EMERGENCY REPAIR OF NORTH LITTLE JOHNS CREEK EMBANKMENT AT AIRPORT BUSINESS CENTER STORM WATER DETENTION BASIN Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion accepting findings and justify an exemption to the competitive bidding process for the emergency repair of the North Little Johns Creek embankment located at the Stockton Airport Business Center Stormwater Detention Basin. G & N Construction of Stockton, California was retained by the Municipal Utilities Department (MUD) to perform the emergency repairs. Final costs are not yet known; however, staff will return to the City Council for ratification of final expenditures. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Location Map Attachment B - Photos 16. HEARINGS**** City of Stockton Page 7 Printed on 12/10/2015 City Council/Successor Agency to Meeting Agenda - Final December 15, 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 8 Printed on 12/10/2015