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, August 23, 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 16-2902 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 16-2904 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 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 16-2906 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-2908 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action: 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 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA City of Stockton Page 2 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 12.1 16-2954 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: Approve minutes from the City Council meeting of August 9, 2016. Department: City Clerk Attachments: 2016-08-09 - City Council Minutes 12.2 16-2945 ADOPT THE 2016-17 INTERNAL AUDIT PROGRAM Recommended Action: RECOMMENDATION The Council Audit Committee recommends that by motion action the City Council adopt the Fiscal Year 2016-17 Internal Audit Program. It is also recommended that the Council authorize by motion action the City Manager to execute a one-year extension to the contract with Moss Adams, LLC to provide Internal Audit Services. Department: Council Audit Committee Attachments: Attachment A - FY 2016-17 Internal Audit Program 12.3 16-2897 ADOPT RESOLUTION TO APPLY FOR ELECTIVE COVERAGE OF STATE DISABILITY INSURANCE FOR MEMBERS OF THE OPERATIONS & MAINTENANCE UNIT (O&M), TRADES & MAINTENANCE UNIT (T&M), AND WATER SUPERVISORY UNIT Recommended Action: RECOMMENDATION It is recommended that the City Council: 1) Adopt a Resolution, in accordance with the Operations & Maintenance Unit (O&M); Trades & Maintenance Unit (T&M); and Water Supervisory Unit Memoranda of Understanding (MOUs), authorizing the City to apply for State Disability Insurance (SDI) elective coverage for members of O&M, T&M, and the Water Supervisory Unit, and 2) Authorize the City Manager to execute the application for SDI and take any necessary steps to implement SDI for O&M, T&M, and the Water Supervisory Unit. Department: Human Resources Attachments: Exhbit A - Operations & Maintenance Unit Letter Exhibit B - Trades & Maintenance Unit Letter Exhibit C - Water Supervisory Unit Letter Exhibit D - O & M Application for SDI Coverage Exhibit E - T & M Application for SDI Coverage Exhibit F - Water Supervisory Unit Application for SDI Coverage Proposed Resolution - SDI Approval.doc 12.4 16-2927 ADOPT RESPONSE TO THE FOLLOW UP REPORT TO THE 2014-2015 CIVIL GRAND JURY REPORT FOR STOCKTON MUNICIPAL UTILITIES DEPARTMENT: STRUGGLING IN THE City of Stockton Page 3 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent MUD, CASE NO. 1412 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Adopt the City Council's Response to the Follow Up Report to the 2014-2015 Civil Grand Jury Report for Investigating Case No. 1412 relating to the operations of Municipal Utilities Department (MUD); 2. Authorize the City Manager to sign the response on behalf of the City Council and to transmit the response to the Presiding Judge of the San Joaquin County Superior Court. Department: Municipal Utilities Attachments: Attachment A - 2014-2015 Grand Jury Case 1412 Attachment B - 2014-15 Response to Grand Jury Case No 1412 Attachment C - Follow-Up Report Attachment D - Grand Jury Response Letter 8-24-16 Attachment E - 3-9-2016 Letter from Grand Jury Attachment F - 4-7-2016 City Manager response to 3-9-2016 letter Attachment G - IPS Settlement Engineering Study Attachment H - Hydrogen Sulfide Study 12.5 16-2890 RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A DUI STEP GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1) accept a DUI STEP grant award from the State of California Office of Traffic Safety in the amount of $450,000, and make all necessary appropriations in compliance with and for the purposes stated in the grant application; and, 2) Execute the STEP Grant agreement and all related documents to carry out the purpose and intent of the grant award. Department: Police Attachments: Proposed Resolution - OTS DUI STEP Grant Exhibit 1 - OTS DUI STEP Grant Agreement 12.6 16-2900 APPROVE CONTRACT CHANGE ORDER NO. 4 WITH ODYSSEY ENVIRONMENTAL SERVICES INC. FOR PARK LANDSCAPE MAINTENANCE, PARK JANITORIAL/SITE CLEANING SERVICE, AND PLAY EQUIPMENT INSPECTION (PROJECT PW 13-02) City of Stockton Page 4 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 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 Contract Change Order No. 4 to the contract with Odyssey Environmental Services, Inc. (Odyssey) for Park Landscape Maintenance, Park Janitorial/Site Cleaning Service, and Play Equipment Inspection (Project PW 13-02) in the amount of $181,950 to complete the restoration of three fields and provide maintenance services for the Stockton Soccer Complex. 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 motion. Department: Public Works Attachments: Attachment A - Contract Change Order 4 12.7 16-2826 AWARD A PROFESSIONAL SERVICES CONTRACT TO PSOMAS FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE THORNTON ROAD WIDENING, PROJECT NO. PW1428 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to award a Professional Services Contract in the amount of $1,193,360 for construction management services with Psomas for the Thornton Road Widening, Project No. PW1428. 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 Attachments: Attachment A - Resolution 07-0382 Attachment B - Vicinty Map Attachment C - Professional Services Contract 12.8 16-2827 APPROVE RESOLUTION TO AUTHORIZE THE 1025 EAST PARK STREET STORM DRAIN UPGRADE (PROJECT NO. M16007) City of Stockton Page 5 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 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. CE012-16 under the California Environmental Quality Act (CEQA) for the 1025 East Park Street Storm Drain Upgrade (Project No. M16007). 2. Approve the plans and specifications for the 1025 East Park Street Storm Drain Upgrade (Project No. M16007). 3. Award a Construction Contract in the amount of $74,237.19 to Sanact, Inc. dba Roto-Rooter of Livermore, CA, for the 1025 East Park Street Storm Drain Upgrade (Project No. M16007). 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 - Vicinty Map Proposed Resolution - 1025 East Park Street Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-2919 DISCUSSION OF HOMELESSNESS SOLUTIONS Recommended Action: RECOMMENDATION None. Information only. Summary At the May 24, 2016 Council meeting, Mayor Silva submitted a proposal for homeless services and requested staff analysis. This report provides background information regarding Stockton's homeless population and discusses the research conducted to develop the requested analysis. Council should consider this information carefully along with a companion item on this agenda that seeks direction regarding the Legislative Committee's work on tiny and micro houses. Department: City Manager City of Stockton Page 6 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Local Area Service Providers Attachment B - City Manager’s Committee on Homeless Policy Attachment C - Definitions Attachment D - Biannual Point In Time Count Attachment E – Charter Article XX Section 2000 and 2001 Attachment F - Code Violations 15.2 16-2920 RECOMMENDATION OF THE LEGISLATIVE COMMITTEE TO CONSIDER THE ADOPTION OF AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16, SECTION 5.16.010, CHAPTER 5.76, SECTION 5.76.010, TITLE 16, CHAPTER 16.80, SECTION 16.80.020.A, SECTION 16.80.310, AND CHAPTER 16.240, SECTION 16.240.020 OF THE STOCKTON MUNICIPAL CODE TO INCORPORATE TINY AND MICRO HOUSES Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Consider the recommendation of the Legislative Committee regarding the adoption of an ordinance amending the Stockton Municipal Code to incorporate tiny and micro houses, and 2. Provide direction to staff and Legislative Committee regarding desired analyses, public outreach, ordinance revisions and other related policy actions, if any. Department: Council Legislation/Environmental Committee Attachments: Attachment A - Legislative Committee Staff Report Attachment B - SMC - Redline Version Attachment C - Map of Proposed Micro Locations 16. HEARINGS**** 16.1 16-2881 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT FOR PROPERTY LOCATED AT 3440 EAST MAIN STREET (P15-0420) City of Stockton Page 7 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 related to an existing mini-mart with gasoline sales: 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 - Letter Requesting Continuance Attachment B - Location Map and Aerial Photograph Attachment C - Locations of Active Alcoholic Beverage Licenses Attachment D - Letter from SUSD and E-Mail from Area Resident Attachment E - Public Petitions to Support the Proposed Project Attachment F - Letter of Appeal Proposed Resolution - Denial of Use Permit and Variance Exhibit 1 - Site and Floor Plans 16.2 16-2828 PUBLIC HEARING AND VACATION OF A PORTION OF WASHINGTON STREET BETWEEN PORT ROAD 13 AND NAVY DRIVE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the vacation, and any interest therein, of a portion of Washington Street between Port Road 13 and Navy Drive; and 2. Authorizing the reservation of a public utility easement; and 3. Authorizing the filing of Notice of Exemption No. CE010-16 under the California Environmental Quality Act (CEQA) for the abandonment of Washington Street between Port Road 13 and Navy Drive; and 4. Authorize the City Manager, or his designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development City of Stockton Page 8 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Attachment C - Stockton Port District Property Map Attachment D - Resolution No. 2016-07-26-1208 Attachment E - Resolution No. 08-0174 Attachment F - Resolution No. 2014-02-25-1210 Attachment G - Access Easement Agreement Proposed Resolution - Vacation Exhibit 1 - Port Road 13 Plat and Legal Descriptions Exhibit 2 - Port Road 13 Notice of Exemption 16.3 16-3000 ACCEPT THE 2016 PUBLIC HEALTH GOALS REPORT Recommended Action: RECOMMENDATION It is recommended that the City Council conduct a Public Hearing to accept and respond to public comment on the 2016 Public Health Goals Report. At the conclusion of the Public Hearing, it is recommended that the City Council approve a motion to accept the 2016 Public Health Goals Report and authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Municipal Utilities Attachments: Attachment A - 2016 Public Health Goals Report 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 9 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 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 August 17, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 10 Printed on 8/17/2016 City Council/Successor Agency to Meeting Agenda - Final August 23, 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 8/17/2016