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, May 10, 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 16-2610 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 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Name of Case: Julita Tamargo, et al. v. City of Stockton (San Joaquin County Superior Court Case No. STK-CV-UAT-2012-0012137) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 16-2611 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 3.3 16-2612 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-2613 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 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG City of Stockton Page 2 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 16-2647 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: Approve the minutes from the February 23, 2016, March 29, 2016, April 26, 2016 City Council meetings and minutes from the March 26, 2016 Special City Council meeting. Department: City Clerk Attachments: 2016-02-23 Minutes for Approval 2016-03-29 Minutes for Approval 2016-04-26 Minutes for Approval 2016-03-26 Special Minutes for Approval 12.2 16-2403 APPROVE FINDINGS AND PURCHASE OF ONE LONG REACH BOOM CRANE TRUCK Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve: 1. findings which support and justify an exception to the competitive bid process. 2. the purchase of one Freightliner M2-106 long reach boom crane truck through a National Joint Powers Alliance (NJPA) contract with Altec Industries, Inc., of Dixon, CA, in the amount of $206,970.29. 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: Public Works Attachments: Attachment A - Quote from Altec Attachment B - Altec NJPA Contract 12.3 16-2447 APPROVE FINDINGS AND PURCHASE OF ONE HIGH-CAPACITY CRANE TRUCK City of Stockton Page 3 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve: 1. findings supporting an exception to the competitive bid process, and 2. the purchase of one Peterbilt 365 high-capacity crane truck through a National Joint Powers Alliance (NJPA) contract with Altec Industries, Inc., of Dixon, CA, in the amount of $349,350.45. 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: Public Works Attachments: Attachment A - Quote from Altec Attachment B - Altec NJPA Contract 12.4 16-2487 APPROVE RESOLUTION AUTHORIZING EXECUTION OF MASTER AGREEMENT ADMINISTERING AGENCY - STATE AGREEMENT FOR FEDERAL-AID PROJECTS AND ALL FUTURE PROGRAM SUPPLEMENT AGREEMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Manager to: 1. Execute a revised Master Agreement Administering Agency - State Agreement for Federal-Aid Projects (Master Agreement) with the California Department of Transportation (Caltrans). 2. Execute all future Program Supplement Agreements to the Master Agreement, including any 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: Proposed Resolution - Master Agreement for Federal-Aid Projects Exhibit 1 - Master Agreement 12.5 16-2496 APPROVE RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY CERTIFICATIONS City of Stockton Page 4 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 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 or his designee to sign all California Department of Transportation (Caltrans) Right-of-Way Certifications. 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: Proposed Resolution - CalTrans Right-of-way Certifications 12.6 16-2506 APPROVE RESOLUTION AMENDING THE BUDGET AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH R3 CONSULTING GROUP, INC. FOR THE PERFORMANCE REVIEW AND BILLING AUDIT OF THE FRANCHISED WASTE HAULERS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract with R3 Consulting Group, Inc. of Roseville, CA, in the amount of $120,000, for the Performance Review and Billing Audit of the Franchised Waste Haulers. 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: Proposed Resolution - R3 Consulting Group Exhibit 1 - Contract with R3 12.7 16-2512 APPROVE A PROFESSIONAL SERVICES CONTRACT WITH KITCHELL CORPORATION FOR A FACILITIES CONDITION ASSESSMENT, PROJECT NO. O&M 16-018 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Professional Services Contract with Kitchell Corporation (Kitchell), of Sacramento, CA, in the amount of $174,198, to prepare a Facilities Condition Assessment, Project No. O&M 16-018 for various City buildings and structures. 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 motion. Department: Public Works City of Stockton Page 5 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Facility Inventory Index Attachment B - Contract with Kitchell 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-2579 APPOINTMENT TO THE STOCKTON CIVIL SERVICE COMMISSION Recommended Action: RECOMMENDATION Resolution appointing two commissioners the Civil Service Commission/Equal Employment Commission for terms commencing July 1, 2016 and ending June 30, 2019. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - CSC Appointment 15.2 16-2580 APPOINTMENT TO THE STOCKTON PORT COMMISSION Recommended Action: RECOMMENDATION Adopt a resolution to appoint one Commissioner to fill the vacancy on the Stockton Port Commission for a term commencing July 1, 2016 and ending June 30, 20. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Stockton Port Commission Appointment 15.3 16-2628 ADOPT A RESOLUTION CANCELING AND RESCHEDULING THE MAY 24, 2016 PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED WATER RATE INCREASES City of Stockton Page 6 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution to: 1. Cancel the May 24, 2016 Public Hearing to consider adoption of proposed water rate increases, previously set by City Council Resolution 2016-03-29-1506, 2. Authorize and direct the City Manager to schedule a new Public Hearing to consider the adoption of a revised schedule of maximum allowable rates, and 3. Authorize and direct the City Manager to mail notice of the Public Hearing to all record owners of parcels subject to the proposed rate increases as well as tenants who are directly responsible for the payment of water service charges. 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: Municipal Utilities Attachments: Proposed Resolution - Rescheduling Water Rate Increases Public Hearing Exhibit 1 - Prop 218 Notice 16. HEARINGS**** 16.1 16-2519 SECOND PUBLIC HEARING REGARDING PROPOSED CHARTER AMENDMENTS TO BE PLACED ON THE 2016 GENERAL ELECTION BALLOT Recommended Action: RECOMMENDATION It is recommended that the Council hold the second of potentially three public hearings to consider Charter amendments proposed by the Charter Review Ad-Hoc Committee, and adopt a motion to provide direction to the City Manager, City Attorney, and City Clerk regarding the proposals to be developed into ballot measures for the 2016 General Election, whether any revisions to the operative language of the proposals should be made, including direction on Article XI - City Auditor, and whether the Charter amendment proposals should be consolidated into one measure or multiple measures. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent City of Stockton Page 7 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Article II, IV, VI, VII and XI - Current Attachment B - Article II, IV, VI, VII, XI - Redline Attachment C - Ordinance - Districts Transition Example Attachment D - Article IV The City Council - Current Attachment E - Article IV The City Council - Redline Attachment F - Article IV Section 410 Compensation - Current Attachment G - Article IV Section 410 Compensation Redline Attachment H - Article V Section 510 City Council Actions - Current Attachment I - Article V Section 510 City Council Actions - Redline Attachment J - Article XI The Mayor Section 1102 - Current Attachment K - Article XI The Mayor Section 1102 - Redline Attachment L - Article XV City Auditor - Current Attachment M - Article XV City Auditor - CRAC's Redline Version Attachment N - Article XV City Auditor - Staff's Redline Version Attachment O - Article XIX Budget and Fiscal Affairs - Current Attachment P - Article XIX Budget and Fiscal Affairs - Redline Attachment Q - Proposed Ordinance - Budget and Fiscal Attachment R - Ballot Measure Timeline 16.2 16-2604 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A USE PERMIT TO UPGRADE FROM THE OFF-SALE OF BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING CONVENIENCE STORE AT 7906 N. EL DORADO STREET (P15-0453) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission's denial of the request for a Use Permit to upgrade from the off-sale of beer and wine to the off-sale of general alcoholic beverages in an existing convenience store at 7906 N. El Dorado Street. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Location Map and Aerial Photograph Attachment C - Locations of Active On-Sale and Off-Sale Alcohol Licenses Attachment D - Attorney's Letter to Planning Commission Attachment E - Petition of Support Proposed Resolution - Use Permit Appeal - 7906 North El Doado Street Exhibit 1 - Site and Floor Plans 16.3 16-2605 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A USE City of Stockton Page 8 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent PERMIT TO ESTABLISH A TRANSITIONAL HOUSING FACILITY FOR A MAXIMUM OF 16 RESIDENTS IN AN EXISTING STRUCTURE AT 801 S. CALIFORNIA STREET (P15-0275) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission's denial of the Use Permit to establish a transitional housing facility for a maximum of 16 residents in an existing structure at 801 S. California Street. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Location Map Attachment C - Site/Floor Plan Attachment D - Project Description Proposed Resolution - Use Permit Appeal - 801 South California Street 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 2 16-2632 UPDATE - BOARDS AND COMMISSIONS TRAINING Summary of results of the Board and Commission training, provided by the University of the Pacific Eberhardt School of Business in 2015. Department: City Clerk Attachments: UOP Boards and Commissions Training Update City of Stockton Page 9 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on May 5, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 10 Printed on 5/9/2016 City Council/Successor Agency to Meeting Agenda - Final May 10, 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. 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 11 Printed on 5/9/2016