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, July 12, 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 16-2812 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 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 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 16-2813 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 16-2814 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-2815 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 8. REPORT OF ACTION TAKEN IN CLOSED SESSION City of Stockton Page 2 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 16-2837 JUNE 7, 2016 PRIMARY MUNICIPAL ELECTION RESULTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution declaring the results of the June 7, 2016 Primary Municipal Election. Department: City Clerk Attachments: Proposed Resolution - Certifying Election Results Exhibit 1 - Election Results Registrar Certification Exhibit 2 - Election Results by Precinct 12.2 16-2750 APPROVE BY MOTION A SINGLE FAMILY HOUSING REHABILITATION LOAN FOR 27 WEST CHURCHILL STREET Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve a $110,000 CalHome Loan to Jerry Ruff for repairs to his home located at 27 West Churchill 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 - CalHome Loan Agreement 12.3 16-2564 APPROVE RESOLUTION TO EXECUTE OPERATING AGREEMENT BETWEEN SAN JOAQUIN COUNTY REGIONAL FIRE DISPATCH AUTHORITY AND CITY OF STOCKTON FOR THE PROVISION OF EMERGENCY AND NON-EMERGENCY DISPATCH SERVICES AND ADMINISTRATIVE SUPPORT City of Stockton Page 3 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve and adopt a resolution authorizing the City Manager to enter into an Operating Agreement between the San Joaquin County Regional Fire Dispatch Authority ("SJCRFDA"); comprised of the Lathrop-Manteca Fire District, City of Lodi, City of Manteca, City of Tracy, and City of Stockton for the provision of emergency and non-emergency fire dispatch services. It is further recommended that the City Manager take appropriate actions to carry out the purpose and intent of this resolution. Department: Fire Attachments: Attachment A - Management Partners Report - Regional Fire Dispatch Attachment B - Fully Executed Joint Powers Agreement Proposed Resolution - SJCRFDA COS Operating Agreement Exhibit 1 - SJCRFDA COS Operating Agreement 12.4 16-2774 APPROVE RESOLUTION TO ACCEPT GRANT AND EXECUTE STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL STANDARD AGREEMENT 16G-LA49 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Authorize the acceptance of grant funding from the State of California Department of Alcoholic Beverage Control, in the amount of $100,000, for the Grant Assistance to Local Law Enforcement Agencies Project; and 2. Authorize the City Manager to execute, on behalf of the City of Stockton, 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 agreement. Department: Police Attachments: Proposed Resolution - Standard Ageement 16G-LA49 - ABC 2016-2017 Exhibit 1 - Standard Agreement 16G-LA49 - ABC 2016-2017 12.5 16-2799 MODIFY PREVIOUSLY APPROVED AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM GRANT APPLICATION PER DIRECTION FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT City of Stockton Page 4 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 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. Rescind Resolution No. 2016-05-24-1205 previously adopted on May 24, 2016. 2. Adopt a new resolution to include additional information requested by the California Department of Housing and Community Development (HCD). 3. Authorize the City Manager to submit a joint application with Visionary Home Builders (Visionary) to the Strategic Growth Council (SGC) for the Hunter Street Apartments project. 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 - Resolution Proposed Resolution - Grant Application 12.6 16-2586 APPROVE RESOLUTION TO FILE THE NOTICE OF EXEMPTION NO. CE003-15, APPROVE THE PLANS AND SPECIFICATIONS, AND AWARD A CONSTRUCTION CONTRACT TO ROBERT BURNS CONSTRUCTION, INC. FOR THE FIRE STATION NO. 10 DRIVEWAY AND PARKING LOT (PROJECT NO. PW1412) City of Stockton Page 5 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 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. Approve the filing of Notice of Exemption No. CE003-15 under the California Environmental Quality Act (CEQA) for the Fire Station No. 10 Driveway and Parking Lot (Project No. PW1412). 2. Approve the plans and specifications for the Fire Station No. 10 Driveway and Parking Lot (Project No. PW1412). 3. Transfer funding from the Fire Station No. 6 Apparatus Bay Exhaust Fan Installation (Project No. PW1511) in the amount of $30,000 to the Fire Station No. 10 Driveway and Parking Lot (Project No. PW1412), and cancel the Fire Station No. 6 Apparatus Bay Exhaust Fan Installation project. 4. Award a Construction Contract in the amount of $119,090.75 to Robert Burns Construction, Inc. of Stockton, CA, for the Fire Station No. 10 Driveway and Parking Lot (Project No. PW1412). It is also 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 Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.7 16-2864 MEMORANDA OF UNDERSTANDING WITH THE STOCKTON POLICE OFFICERS’ ASSOCIATION AND THE FIRE SERVICES MANAGEMENT UNIT Recommended Action: To be delivered. Department: Human Resources 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 16. HEARINGS**** 16.1 16-2636 PUBLIC HEARING TO CONSIDER ADOPTION OF THE 2015 URBAN WATER MANAGEMENT PLAN City of Stockton Page 6 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION At the conclusion of the public hearing, it is recommended that the City Council adopt a resolution approving and adopting the 2015 Urban Water Management Plan with any amendments adopted at the hearing and authorizing transmittal to the California Department of Water Resources. 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 - 2015 Urban Water Management Plan Exhbit 1 - 2015 DRAFT Urban Plan 16.2 16-2619 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE IN AN EXISTING MINI-MART WITH GASOLINE SALES AND A VARIANCE TO REDUCE THE MINIMUM SEPARATION REQUIREMENT BETWEEN AN OFF-SALE ALCOHOLIC BEVERAGE ESTABLISHMENT AND AN ACADEMIC SCHOOL, FOR PROPERTY LOCATED AT 3440 EAST MAIN STREET (P15-0420) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to deny the appeal and uphold the Planning Commission's denial of the following requests: 1. A Use Permit to allow the off-sale of beer and wine in an existing mini-mart with gasoline sales; and 2. A Variance to allow a reduction of the required minimum 300-foot separation between an existing mini-mart with the proposed off-sale of beer and wine and a public academic school, for property located at 3440 East Main Street. Department: Community Development Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - Locations of Alcoholic Beverage Licenses Attachment C - Letter from SUSD and E-Mail from Area Resident Attachment D - Public Petitions to Support the Proposed Project Attachment E - Letter of Appeal Proposed Resolution - Denial to Use Permit and Variance Exhibit 1 - Site and Floor Plans 16.3 16-2758 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A USE PERMIT TO ESTABLISH A TRANSITIONAL HOUSING FACILITY FOR A MAXIMUM OF 16 RESIDENTS IN AN EXISTING STRUCTURE AT 801 S. CALIFORNIA STREET (P15-0275) - NOTE: PUBLIC HEARING City of Stockton Page 7 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent CONTINUED FROM COUNCIL MEETING OF MAY 10, 2016 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 Committee Attachments: Attachment A - Appeal Letter Attachment B - Location Map Attachment C - Site Plan and Floor Plan Attachment D - Project Description Attachment E - May 9, 2016 Letters of Opposition Proposed Resolution - Use Permit Appeal - 801 South California Street 16.4 16-2759 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) - NOTE: PUBLIC HEARING CONTINUED FROM COUNCIL MEETING OF MAY 10, 2016 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 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 8 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 1 16-2816 MEASURE W CITIZENS’ OVERSIGHT COMMITTEE ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2014-15 Recommended Action: RECOMMENDATION This item is informational only and does not require City Council action. Department: Administrative Services Attachments: Attachment A – Measure W Annual Report for FY 2014-15 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 July 6, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 9 Printed on 7/6/2016 City Council/Successor Agency to Meeting Agenda - Final July 12, 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 10 Printed on 7/6/2016