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) Vacant (District 4) Michael D. Tubbs (District 6) Tuesday, January 26, 2016 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 15-2265 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.2 15-2275 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Stockton Page 1 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: Number of Cases: Six 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) Name of Case: Jerry Moore v. City of Stockton, et al. (United States District Court Case No. 2:13-CV-02104-WBS-EFB) Name of Case: James Smith, et al. v. City of Stockton, et al. (United States District Court Case No. 2:15-CV-02511- MCE-AC This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.3 15-2276 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 15-2277 CONFERENCE WITH LABOR NEGOTIATOR 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 3.5 16-2301 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Two City of Stockton Page 2 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). 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** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 16-2305 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes of the City Council meetings of November 3, 2015, November 17, 2015 and December 15, 2015. Department: City Clerk Attachments: Minutes for Approval - 2015-11-03 Minutes for Approval - 2015-11-17 Minutes for Approval - 2015-12-15 12.2 16-2321 APPOINTMENTS TO THE MAYOR’S TASK FORCE FOR PERSONS WITH DISABILITIES Recommended Action: RECOMMENDATION Adopt a Resolution extending the term for the Mayor's Task Force for Persons with Disabilities to January 12, 2017, and ratifying the Mayor's appointments to serve on the task force. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Appointments to Task Force City of Stockton Page 3 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 12.3 15-2199 ADOPTION OF THE REVISED COUNCIL POLICY MANUAL Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by resolution the revised Council Policy Manual. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Stockton Table of Contents - CPM and AD Attachment B - Policy Revision Map Proposed Resolution - Council Policy Manual Exhibit 1 - Revised Council Policy Manual 12.4 15-2203 AWARD SERVICE CONTRACT TO CALIFORNIA MATERIALS, INC. FOR TRUCK HAULING SERVICES FOR ASPHALT CONCRETE AND ASPHALT CONCRETE GRINDINGS, PROJECT NO. O&M-16-005 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing the City Manager to approve the plans and specifications, and to award a Service Contract in the amount of $323,500 with California Materials, Inc., of Stockton, CA, for Truck Hauling Services for Asphalt Concrete and Asphalt Concrete Grindings, Project No. O&M-16-005; and 2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Service Contract 12.5 15-2233 APPROVE A PROFESSIONAL SERVICES CONTRACT WITH SIEGFRIED ENGINEERING, INC. FOR THE MINER AVENUE COMPLETE STREETS (PROJECT NO. PW1439/FEDERAL PROJECT NO. CML-5008(145)) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing the City Manager to execute a Professional Services Contract with Siegfried Engineering, Inc. (Siegfried) of Stockton, CA, in the amount of $498,210, for the Miner Avenue Complete Streets (Project No. PW1439/Federal Project No. CML-5008(145)); and 2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works City of Stockton Page 4 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12.6 15-2241 AUTHORIZING SUBMITTAL OF PROJECTS TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR “ONE VOICE” PROJECT PRIORITIES FOR FEDERAL FISCAL YEAR 2016-17 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing the submittal of three projects to the San Joaquin Council of Governments (SJCOG) for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C.; and 2. Authorizing the City Manager to execute associated agreements and undertake any other actions that may be appropriate and necessary to accept and receive the funding in the event that the funding requests are successful. Department: Public Works 12.7 15-2253 APPROVING THE SPECIFICATIONS AND ADDENDA, AND AWARDING CONTRACTS TO ALPHA ANALYTICAL, FGL, DELTA ENVIRONMENTAL AND PACIFIC ECORISK FOR LABORATORY SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion: 1. Approving the Specifications and Addenda for the Request for Sealed Bids for Municipal Utilities Department (MUD) Laboratory Services, (PUR 15-012). 2. Awarding contracts for services to Alpha Analytical, FGL, Delta Environmental and Pacific EcoRisk Inc., for laboratory services. 3. Authorizing the City Manager to execute agreements with contract laboratories in support of MUD regulatory requirements and to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Alpha Contract Attachment B - FGL Contract Attachment C - Delta Contract Attachment D - PERL Contract AC Attachment E - Test List 12.8 15-2272 ADOPTION OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE City of Stockton Page 5 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 approving the Recognized Obligation Payment Schedule ("ROPS") for the period of July 1, 2016 through June 30, 2017, (Exhibit 1 to the Resolution) as required under Health and Safety Code Section 34177 (o). Department: Economic Development Attachments: Attachment A - Resolution 11-0251 Proposed Resolution - Recognized Obligation Payment Schedule Exhibit 1 - ROPS 16-17 12.9 16-2318 CANCEL THE FEBRUARY 2, 2016 CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY/PUBLIC FINANCING AUTHORITY CONCURRENT MEETING AND AMEND COUNCIL POLICY RELATED TO MEETING SCHEDULE RECOMMENDATION It is recommended that the City Council by motion action cancel the February 2, 2016 concurrent meeting of the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority meeting bodies. It is recommended that the City Council amend by resolution the Council Policy related to Council meetings in order to provide a more efficient and timely method for canceling Council meetings based on specific criteria. Department: City Manager Attachments: Attachment A - City Council Meetings - CPM 4.01.020 - Redline.docx Proposed Resolution Exhibit 1 - City Council Meetings - CPM 4.01.020 12.10 16-2308 PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEAR 2014-15 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Public Facility Fee Program (PFF) Annual Reports for FY 2014-15 (Attachment A). This will keep the City up to date on its Mitigation Fee Act reporting requirements under State law. Department: Administrative Services City of Stockton Page 6 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - PFF Annual Report FY2014-15 Attachment B - Total Impact Fee Revenue Attachment C - Total Impact Fee Expenditures 12.11 16-2322 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2015 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Comprehensive Annual Financial Report for the year ended June 30, 2015. Department: Administrative Services Attachments: Attachment A - Comprehensive Annual Financial Report Attachment B - Audit Adjusting Journal Entries 12.12 15-2270 RESOLUTION RESCINDING RESOLUTION NO. 03-0679 TO TERMINATE CITY-INITIATED APPLICATIONS FOR IDENTIFIED PROPERTIES WITHIN THE ORIGONE RANCH PROJECT AREA Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution which rescinds Resolution No. 03-0679 and withdraws the city-initiated planning process for specific properties within the Origone Ranch Annexation project. This action would allow for the individual properties owners to separately initiate their individual development applications as the market permits and as the individual properties are ready for development and annexation. Department: Community Development Attachments: Attachment A - Vicinity Map Attachment B - Resolution 03-0679 Attachment C - Council Policy 900-1 Attachment D - Utility Service Requests Proposed Resolution - Rescinding Resolution No 03-03679 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-2088 APPROVE A PROFESSIONAL SERVICES CONTRACT FOR THE COMPREHENSIVE UPDATE OF THE 2035 GENERAL PLAN AND DEVELOPMENT OF A DOWNTOWN ELEMENT AND HOUSING STRATEGY AND AMEND THE FISCAL YEAR 2015-16 DEVELOPMENT SERVICES ANNUAL BUDGET City of Stockton Page 7 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the City Manager to execute a Professional Services Contract with Placeworks in the amount of $1,538,049, for the comprehensive update of the 2035 General Plan and development of a Downtown Element and Housing Strategy; and 2. Authorizing an amendment to the Fiscal Year 2015-16 Development Services budget to increase appropriations by $1,288,049 from available balance for this contract; and 3. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Community Development Attachments: Attachment A - Professional Services Contract Attachment B - June 2014 Staff Report Proposed Resolution - GPU Update Contract 15.2 15-2268 APPOINTMENTS TO THE MEASURE W COMMITTEE AND RECOMMENDING STAFF FORWARD COUNCIL POLICY 100-2 TO THE COUNCIL LEGISLATION AND ENVIRONMENTAL COMMITTEE FOR EVALUATION OF THE BOARD AND COMMISSION APPOINTMENT PROCESS Recommended Action: RECOMMENDATION It is recommended that the City Council consider two options for filling three vacancies on the Measure W Committee: 1) approve by resolution the reappointment of incumbents Dwight Williams and Tracie Glaves, and appointing former member Phillip Herrera, for terms commencing immediately and ending December 31, 2017; or 2) approve by motion the process of reviewing all of the applications and directing staff to come back at a later time for ranking and appointment. It is further recommended that the City Council approve a motion directing staff to bring the appointment process, as outlined in Council Policy 100-2, City Council and Mayoral Appointments to Boards, Commissions, and Committees to the Council Legislation and Environmental Committee for evaluation. Department: City Clerk Attachments: Attachment A - Resolution 05-0372 Attachment B - Redacted Applications Proposed Resolution - Appointments to Measure W 15.3 16-2320 DISCUSS PROPOSED CHARTER AMENDMENT REGARDING COUNCIL DISTRICTS FOR THE 2016 ELECTION City of Stockton Page 8 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION Discuss Charter amendment for Article II - Districts and provide staff with direction regarding proposed number of Council districts. Department: City Manager Attachments: Attachment A - CRAC Scope of Work Tracking Attachment B - Election November 2016 Attachment C - Ballot Measure Timeline 16. HEARINGS**** 16.1 15-1935 AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO ALCOHOLIC BEVERAGE SALES AND THE FISCAL YEAR 2015-2016 COMMUNITY DEVELOPMENT DEPARTMENT, PLANNING FEE SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt: 1. An ordinance approving a comprehensive amendment to Title 16 of the Stockton Municipal Code (SMC), including Section 16.20.020, Table 2-2, "Allowable Land Uses and Permit Requirements;" Section 16.80.040, "Alcoholic Beverage Sales;" Section 16.88.030, "Public Hearing Notices;" Section 16.108.030, "Revocation and Modification Procedure;" Section 16.168.050, "Findings and Decision;" and Section 16.240.020, "Definitions of Specialized Terms and Phrases," related to alcoholic beverage sales; and 2. A resolution amending Fiscal Year (FY) 2015-2016 Community Development Department, Planning Fee Schedule to incorporate two new fees for Administrative Hearing and Appeal of Administrative Hearing Officer Decision. In accordance with Section of 16.92.090.A.2.b of the SMC, the amendment to Title 16 of the SMC for alcoholic beverage sales would typically become effective on the 31st day following the date of final decision is rendered by the Council. However, the amendment to the FY 2015-2016 Community Development Department Planning Fee Schedule goes into effect no earlier than 60 days after approval. Staff, therefore, recommends that the amendment to Title 16 of the SMC for alcoholic beverage sales become effective on the same date as the amendment to the FY 2015-2016 Planning Fee Schedule, but not earlier than 60 days following this adoption. Otherwise, the changes to the Development Code will become effective without the necessary implementation fees. Department: Community Development City of Stockton Page 9 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Ordinance - Redline Version Attachment B - Planning Commission Resolution Attachment C - Amended Planning Fee Schedule - Redline Version Proposed Ordinance Proposed Resolution- Amended Fee Schedule Exhibit 1 16.2 15-2231 TEFRA PUBLIC HEARING, REVISION OF LOAN TERMS, AND AUTHORIZATION FOR SUBORDINATION OF A CITY LOAN PROVIDED TO STOCKTON PHOENIX LIMITED FOR THE HAMPTON SQUARE APARTMENTS LOCATED AT 819 EAST HAMMER LANE Recommended Action: RECOMMENDATION At the conclusion of the public hearing, it is recommended that the City Council adopt resolutions: 1. Approving the issuance of bonds by California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $15,000,000 on behalf of Stockton Hampton Square, LP, a California limited partnership; Note: Bonds will not represent a debt of the City, nor do they obligate the City in any way. 2. Approving modifications to a previously approved loan from the City to Stockton Phoenix Limited to reduce the interest rate and extend the term of the loan; 3. Authorizing subordination of the City loan to new bond financing; and 4. Authorizing the City Manager, or his designee, to execute all documents, including a Redemption Agreement, an Amended and Restated Loan Agreement, and a Subordination Agreement, and take actions necessary and appropriate to carry out the purpose and intent of the resolutions. Department: Economic Development Attachments: Attachment A - Resolution 98-0161 Attachment B - Vicinity Map Attachment C - Redemption Agreement Attachment D - Hampton Square Amended and Restated Loan Agreement2 Proposed Resolution - Loan Amendments Proposed Resolution - Hampton Square TEFRA 17. COUNCIL COMMENTS 18. ADJOURNMENT City of Stockton Page 10 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent INFORMATIONAL ITEMS 1 15-2260 ANNUAL BOARD AND COMMISSION REPORT FOR THE CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION FOR THE PERIOD COVERING JANUARY 1, 2015 THROUGH DECEMBER 31, 2015 Department: Human Resources Attachments: Updated 2015 Annual Report to the CIty Council Report to Council Regarding Attendance 2015 2 15-2283 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2015-06-10 Measure W Oversight Committee Minutes 3 16-2319 APPROVED COMMITTEE MEETING MINUTES Information only, no action required Department: City Clerk Attachments: 2015-06-08 Council Audit Committee 2015-12-14 Council Audit Committee City of Stockton Page 11 Printed on 1/21/2016 City Council/Successor Agency to Meeting Agenda - Final January 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent *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 12 Printed on 1/21/2016