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) Michael C. Blower (District 4) Michael D. Tubbs (District 6) Tuesday, April 12, 2016 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 16-2532 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: One Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c). Department: City Attorney 3.2 16-2533 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 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 City of Stockton Page 1 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 3.3 16-2534 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-2535 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 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 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 16-2510 MEASURE W PUBLIC SAFETY TAX FUND AUDIT FOR THE YEARS ENDED JUNE 30, 2015 AND 2014, PROPOSITION 111 APPROPRIATION LIMIT (GANN LIMIT) FOR THE YEAR ENDED JUNE 30, 2015, SINGLE AUDIT FOR THE YEAR ENDED JUNE 30, 2015, REPORT ON INTERNAL CONTROLS FOR THE YEAR ENDED JUNE 30, 2015 AND CORE REVENUES FOR THE YEAR ENDED JUNE 30, 2015. Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Measure W Public Safety Tax Fund Audit for the years ended June 30, 2015 and 2014, Agreed-Upon Procedures Report on Compliance with Proposition 111 Appropriation Limit (GANN Limit) for the year ended June 30, 2015, Single Audit for the year ended June 30, 2015, Report on Internal Controls for the year ended June 30, 2015 as approved and recommended by the Audit Committee of the City Council and Agreed-Upon Procedures Applied to Core Revenues for the year ended June 30, 2015. Department: Administrative Services Attachments: Attachment A - 2015 Measure W Audit Attachment B - 2015 Prop 111 Approp AUP Attachment C - 2015 Single Audit Attachment D - 2015 Internal Control Audit Attachment E - 2015 Core Revenues 12.2 16-2350 TERMINATE CONSTRUCTION CONTRACT NO. 2014-12-16-1209, WITH MCI ENGINEERING, INC. FOR THE 2014 ON-CALL LARGE DIAMETER SEWER REPAIR SERVICES PROJECT - RE-BID Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to terminate Contract No. 2014-12-16-1209, for the 2014 On-Call Large Diameter Sewer Repair Services Project Re-Bid with MCI Engineering, Inc. of Stockton, in the amount of $1,118,450. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Municipal Utilities City of Stockton Page 3 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Construction Contract No 2014-12-16-1209 12.3 16-2375 RESOLUTION APPROVING THE FILING OF NOTICE OF EXEMPTION NO. CE007-15, APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A CONSTRUCTION CONTRACT TO GEORGE REED, INC. FOR THE MONTAUBAN AVENUE AND SWAIN ROAD ROUNDABOUT (PROJECT NO. PW1315/FEDERAL PROJECT NO. CML-5008(129)) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the filing of Notice of Exemption No. CE007-15 under the California Environmental Quality Act (CEQA) for the Montauban Avenue and Swain Road Roundabout (Project No. PW1315/Federal Project No. CML-5008(129)). 2. Approve the plans and specifications for the Montauban Avenue and Swain Road Roundabout (Project No. PW1315/Federal Project No. CML-5008(129)). 3. Appropriate $110,000 from Public Facilities Fee (PFF) Street Fund balance to the Montauban Avenue and Swain Road Roundabout (Project No. PW1315/Federal Project No. CML-5008(129)). 4. Award a Construction Contract in the amount of $599,708 to George Reed, Inc., of Stockton, CA, for the Montauban Avenue and Swain Road Roundabout (Project No. PW1315/Federal Project No. CML-5008(129)). It is also recommended that the City Manager or his designee be authorized and directed to execute all documents, including, but not limited to, agreements and amendments. 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: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Roundabout Design Proposed Resolution - Contract George Reed Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.4 16-2404 AUTHORIZE SUBMITTAL OF REQUESTS FOR STATE FUNDS FROM CALRECYCLE City of Stockton Page 4 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to authorize the City Manager to submit applications to the Department of Resources Recycling and Recovery (CalRecycle) for any and all payment programs offered. It is also recommended that the City Manager, or his/her designee, be authorized as Signature Authority to execute all documents necessary to implement and secure payment, and that this authorization is effective until rescinded by the Signature Authority of this governing body. It is further recommended that the resolution authorize the City Manager to execute all documents necessary to implement and secure payment, and to take any other appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Public Works Attachments: Proposed Resolution - CalRecycle Grants 12.5 16-2429 APPROVE MOTION TO ENTER INTO A CONTRACT WITH AMERICAN FIDELITY ASSURANCE COMPANY FOR VOLUNTARY INSURANCE PRODUCTS Recommended Action: RECOMMENDATION It is recommended that the City Council approve findings and by motion authorize the City Manager to execute an Agreement with American Fidelity Assurance Company ("American Fidelity") to provide employees with access to purchase voluntary insurance products. It is also recommended that this motion authorize the City Manager to take actions necessary and appropriate to carry out the purpose and intent of this motion. Department: Human Resources Attachments: Attachment A - Voluntary Benefits Services 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-2326 ACCEPT FISCAL YEAR 2015-16 FIRST AND SECOND QUARTER BUDGET STATUS UPDATE City of Stockton Page 5 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Accept this budget status report on the results of the first and second quarters of Fiscal Year (FY) 2015-16 for the City's General Fund, and selected other funds, and 2. Authorize the recommended budget amendments to the FY 2015-16 Annual Budget in the General Fund, Storm Drainage Basin Maintenance Assessment District Fund, Public Facility Fee Street Improvement Street Light fund, Police Special Revenues Fund, and the Bankruptcy Fund. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Administrative Services Attachments: Attachment A - 2015-16 2nd Quarter Budget Update General Fund Attachment B - FY 2015-16 2nd Quarter General Fund Revenue Summary Proposed Resolution - FY2015-16 1st and 2nd Quarter 15.2 16-2471 APPROVE BY MOTION TO ENTER INTO A CONTRACT WITH SUTTER HEALTH PLUS AS AN ADDITIONAL MEDICAL PLAN OPTION OFFERED TO CITY EMPLOYEES Recommended Action: RECOMMENDATION It is recommended that the City Council approve findings and by motion authorize the City Manager to execute an Agreement with Sutter Health Plus as an additional medical plan option offered to City employees and their eligible dependents. It is also recommended that this motion authorize the City Manager to take actions necessary and appropriate to carry out the purpose and intent of this agreement. Department: Human Resources Attachments: Attachment A - Sutter Plan 15.3 16-2472 ADOPT BY MOTION THE RECOMMENDATIONS OF THE SEGAL COMPANY FOR PREMIUM RATES FOR FISCAL YEAR 2016/2017 AND ACCEPT THE ANNUAL ACTUARIAL REPORT ON THE CITY’S SELF-FUNDED MEDICAL PLANS City of Stockton Page 6 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council by motion accept the Annual Actuarial Report (Attachment A) for the City's self-funded medical, dental, and vision plans for the period ending June 30, 2015, as presented in the Segal Company report dated March 31, 2016, and adopt by motion the recommended monthly premium rates for the City's current self-funded health plans and the fully-insured Kaiser High Deductible medical plan for fiscal year 2016-2017. Additionally, accept proposed rates for two (2) additional plan options, a second Kaiser plan and a Sutter Health Plus plan (effective July 1, 2016) for medical coverage offered to City employees. The Sutter Health Plus option is pending City Council approval and is being considered on this same Council Agenda. Department: Human Resources Attachments: Attachment A - Annual Actuary Report as of June 30 2015 15.4 16-2514 BODY CAMERA POLICY Recommended Action: This item was placed on the agenda at the request of Mayor Anthony Silva. Department: Office of the Mayor 15.5 16-2515 DASH CAMERAS Recommended Action: This item was placed on the agenda at the request of Mayor Anthony Silva. Department: Office of the Mayor 15.6 16-2516 POLICE ANNEXES Recommended Action: This item was placed on the agenda at the request of Mayor Anthony Silva. Department: Office of the Mayor 16. HEARINGS**** 16.1 16-2436 GENERAL PLAN AMENDMENT TO APPROVE CITY OF STOCKTON 2015-2023 HOUSING ELEMENT AND INITIAL STUDY/PROPOSED NEGATIVE DECLARATION Recommended Action: RECOMMENDATION Staff recommends that the City Council accept the Planning Commission's recommendation and adopt a Resolution approving a General Plan Amendment to adopt the City of Stockton 2015-2023 Housing Element and Initial Study/Proposed Negative Declaration. Department: Community Development City of Stockton Page 7 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - HCD Conditional Approval Letter 2016 Feb 12 Attachment B - PC Resolution Attachment C - Initial Study and Negative Declaration Proposed Resolution - General Plan Amendment Exhibit 1 - Draft 2015-2023 Housing Element 16.2 16-2362 AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO COMPLIANCE WITH STATE HOUSING ELEMENT LAW Recommended Action: RECOMMENDATION It is recommended that the City Council accept the Planning Commission's recommendation and adopt an Ordinance approving an amendment to Title 16 of the Stockton Municipal Code, including Section 16.20.020, Table 2-2, "Allowable Land Uses and Permit Requirements;" Section 16.64.060, "Parking Assessment Districts;" Section 16.80.155, "Emergency Shelters;" Section 16.80.350, "Transitional Housing," and Section 16.240.020, "Definitions of Specialized Terms and Phrases," and the addition of Chapter 16.214, "Request for Reasonable Accommodation Under the Fair Housing Amendment Act of 1988 and the California Fair Employment and Housing Act;" related to compliance with state housing element law. Department: Community Development Attachments: Attachment A - Ordinance - Redline Version Attachment B - Planning Commission Resolution Proposed Ordinance - State Housing Element Law 16.3 16-2348 ESTABLISHMENT OF THE WINDMILL PARK UNIT 1 AREA OF BENEFIT Recommended Action: RECOMMENDATION It is recommend that City Council adopt a resolution: 1. Approving the establishment of the Windmill Park Unit 1 Area of Benefit; and 2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Community Development City of Stockton Page 8 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Windmill Vicinity Map Attachment B - Windmill Park Resolution No 04-0273 Attachment C - Windmill Utility Improvements Attachment D - Area of Benefit Report Proposed Resolution - Windmill Park Area of Benefit Exhibit 1 - Vicinity Map Area of Benefit Exhibit 2 - Cost Segregation Exhibit 3 - Parcel 16.4 16-2420 ESTABLISHMENT OF THE NORTH STOCKTON PROJECTS PHASE III AREA OF BENEFIT Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution: 1. Approving the establishment of the North Stockton Projects Phase III Area of Benefit; and 2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Community Development Attachments: Attachment A - Vicinity Map Attachment B - Destinations Resolution Attachment C - Northbrook Resolution Attachment D - Area of Benefit Report Proposed Resolution - North Stockton Projects Area of Benefit Exhibit 1 - Vicinity Map Area of Benefit Exhibit 2 - Cost of Segregation Exhibit 3 - Parcel 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-2283 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2015-06-10 Measure W Oversight Committee Minutes CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I City of Stockton Page 9 Printed on 4/7/2016 City Council/Successor Agency to Meeting Agenda - Final April 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent caused this agenda to be posted in the City Hall notice case on April 6, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy *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. 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. City of Stockton Page 10 Printed on 4/7/2016