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City Council and Concurrent Authorities

Regular Meeting

Stockton, CA · November 15, 2016

Agenda

Agenda

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - Final Authority/Parking Authority 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, November 15, 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 16-3120 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 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 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 16-3122 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 16-3124 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-3126 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action: Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c). Department: City Attorney 3.5 16-3162 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Recommended Action: Number of Parcels: One Address: 2427 S. Airport Way, Stockton, California APN: 179-100-30 and 179-100-42 Owner: State of California Agency Negotiators: Kurt Wilson, City Manager Under Negotiation: Price and Terms This Closed Session is authorized pursuant to Section 54956.8 of the Government Code. City of Stockton Page 2 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 16-3111 ACCEPT BY MOTION THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30, 2016 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended September 30, 2016. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report for Quarter Ended 9-30-16 12.2 16-3088 APPOINTMENTS TO THE COMMUNITY DEVELOPMENT COMMITTEE Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution appointing two members to the Community Development Committee to represent Council Districts 3 and 5. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - CDC Appointments 12.3 16-3127 2017 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR City of Stockton Page 3 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority and Stockton Parking Authority adopt by motion action the 2017 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - 2017 Stockton City Council Meeting Calendar 12.4 16-2891 AMEND TITLE 15 OF THE STOCKTON MUNICIPAL CODE TO CONFORM TO THE 2016 CALIFORNIA CODE OF REGULATIONS, TITLE 24 (INCLUDING BUILDING, FIRE, AND FLOOD DAMAGE PREVENTION CODES) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt two ordinances to conform to State regulations: 1. Amending various sections of Title 15 of the Stockton Municipal Code (SMC), specifically, Chapters 15.04, 15.08, 15.10, 15.16, 15.20, 15.36, 15.40, to incorporate the 2016 Edition of the California Code of Regulations, Title 24, Parts 1 (Building Standard Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Building Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), and 12 (Reference Standards Code), as amended; 2. Repealing all of the existing Chapter 15.12 of the SMC and replacing it with a new Chapter 15.12, adopting the 2016 California Model Fire Code. Department: Community Development Attachments: Attachment A - Building Ordinance - Redline Attachment B - Fire Ordinance - Redline Proposed Ordinance - Building Codes Proposed Ordinance - Fire Codes 12.5 16-3013 AUTHORIZE FACADE IMPROVEMENT FORGIVABLE LOAN OF $17,530 TO TRANG HOANG FOR THE PROPERTY LOCATED AT 135 EAST DR. MARTIN LUTHER KING JR. BOULEVARD City of Stockton Page 4 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing a Facade Improvement Forgivable Loan to Trang Hoang for the commercial property located at 135 East Dr. Martin Luther King Jr. Boulevard in the amount of $17,530; and 2. Authorizing the City Manager, or his designee, to take all actions necessary and appropriate to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Property Photo Attachment C - Facade Rendering Proposed Resolution - Facade Loan - 135 East MLK Blvd 12.6 16-3031 REJECT BID FOR CONSTRUCTION OF THE FIRE STATION NO. 2 BURN ROOM RESTORATION (PROJECT NO. PW1503) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting the single bid that was received for construction of the Fire Station No. 2 Burn Room Restoration, Project No. PW1503. It is also 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 - Vicinity Map 12.7 16-3032 APPROVE MOTION TO AUTHORIZE CONSTRUCTION MANAGEMENT SERVICES FOR THE TENANT IMPROVEMENTS FOR POLICE ADMINISTRATION AT THE STEWART/EBERHARDT BUILDING, PROJECT NO. PW1535 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 $94,780 to APSI for construction management services for the Tenant Improvements for Police Administration at the Stewart/Eberhardt Building, Project No. PW1535. 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 City of Stockton Page 5 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12.8 16-3036 RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN CITY OF STOCKTON AND LINCOLN UNIFIED SCHOOL DISTRICT FOR MID-BLOCK CROSSWALK AND ON-STREET PARKING AT BROOKSIDE ELEMENTARY SCHOOL Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an agreement with Lincoln Unified School District for a mid-block crosswalk and on-street parking at Brookside Elementary School. 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 Attachment B - LUSD Resolution 14-20 Proposed Resolution - Brookside Elementary Crosswalk Exhibit 1 - Brookside Elementary Crosswalk Agreement 12.9 16-3059 APPROVE PROFESSIONAL SERVICES CONTRACT WITH SIEGFRIED ENGINEERING, INC. TO PROVIDE ENGINEERING SERVICES FOR LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to award a Professional Services Contract with Siegfried Engineering, Inc. of Stockton, California, in the amount of $312,580, to provide engineering services for the Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 and the Central Stockton Lighting Maintenance Assessment District for Tax Years 2017-18, 2018-19, and 2019-20, and to authorize up to two one-year extensions. 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 with Siegfried Engineering 12.10 16-2972 RATIFICATION OF EXPENDITURES FOR EMERGENCY REPAIR OF HEATING, VENTILATION, AND AIR CONDITIONING SYSTEM City of Stockton Page 6 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent AT THE MAIN POLICE DEPARTMENT BUILDING Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion ratifying the emergency expenditure of $77,460.40 to American Chiller Service, Inc., for the emergency repair of the Main Police Department (PD) building Heating, Ventilation and Air Conditioning (HVAC) system. 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 12.11 16-2865 APPROVE PURCHASE OF FIFTY POLICE INTERCEPTOR UTILITY VEHICLES FROM BIG VALLEY FORD Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve the purchase of 50 Ford Police Interceptor Utility Vehicles from Big Valley Ford of Stockton, California, in the amount of $1,554,777.50. 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 - Big Valley Ford Bid Attachment B - Patrol Units to be Replaced 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-3138 ACCEPT FISCAL YEAR 2015-16 FOURTH QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS City of Stockton Page 7 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 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 unaudited results of the fourth quarter of Fiscal Year (FY) 2015-16 for the City's General Fund. 2. Authorize the recommended budget amendments to the FY 2015-16 Annual Budget in the Public Works Capital Grants Fund and the Tourism and Business Improvement Fund. 3. Authorize an amendment to the FY 2016-17 Adopted General Fund Budget in the amount of $301,000 using unspent funds from the FY 2015-16 City Auditor's budget to fund two contracts for services that were budgeted in FY 2015-16 but not expended or encumbered by the close of the 2015-16 fiscal year. 4. Authorize the available General Fund Balance at June 30, 2016, to be used to fund the Working Capital Reserve of $34.0 million, restrict $31.3 million to Known Contingencies, and restrict $5.0 million to Risk-Based Reserves and allocate the balance of $262,000 for one-time City Council priorities, including authorization to transfer cash into the Reserves and Fiscal Sustainability fund in accordance with the Council Reserve Policy. 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. And it is recommended that the Parking Authority of the City of Stockton (Parking Authority) approve a resolution to: 1. Authorize the recommended budget amendments to the FY 2015-16 Annual Budget for the Parking Authority. It is further recommended that the Executive Director 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 GF 4th Quarter Budget Update 10-24-16 Attachment B - Revenue Summary FY 2015-16 Q4 Proposed Resolution - FY 2015-16 4th Quarter Budget Update Proposed Resolution - Parking Authority FY 2015-16 Amendment 15.2 16-3112 BOARD AND COMMISSION RECOGNITION EVENT City of Stockton Page 8 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION This item was placed on the agenda at the request of Vice Mayor Fugazi to discuss the development of an event recognizing and thanking board and commission members for their service on the City's Boards & Commissions. Department: City Clerk Attachments: List Serve Survey Attachment A - Results 15.3 16-2555 AWARD A PROGRESSIVE DESIGN-BUILD CONTRACT FOR THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) Award a Progressive Design-Build Contract in the amount of $5,349,000, between the City and AECOM/W.M. Lyles, Joint Venture (JV) for the preliminary design and development of a lump sum price proposal for the Regional Wastewater Control Facility Modifications Project. 2) Authorize the City Manager to execute the Progressive Design-Build Contract. 3) Authorize the City Manager to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution - RWCF Modifications Project Exhibit 1 - RWCF Modifications Contract 16. HEARINGS**** 16.1 16-3066 APPROVE AN AMENDMENT TO THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN FINANCIAL FOR THE 2016 FINANCIAL ANALYSIS UPDATE AND 2017 DEVELOPMENT FEE SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution amending the San Joaquin Multi-Species Habitat Conservation and Open Space Plan ("Plan") financial analysis model and development fee schedule. Department: Community Development Attachments: Attachment A - SJMSCP Plan 2016 Cost and Fee Analysis Proposed Resolution - HCP Amendment 2017 Habitat Fee Exhibit 1 - 2017 Habitat Fee Resolution City of Stockton Page 9 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 16-3140 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only. No action required. Department: City Clerk Attachments: 2016-10-19 Successor Agency Oversight Board Minutes 2 16-3142 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only. No action required. Department: City Clerk Attachments: 2016-10-03 Council Audit Committee 3 16-3145 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only. No action required. Department: City Clerk Attachments: 2016-09-29 Measure A Citizens' Advisory Committee Minutes 4 16-3151 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only. No action required. Department: City Clerk Attachments: 2016-10-20 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 caused this agenda to be posted in the City Hall notice case on November 9, 2016 in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 10 Printed on 11/9/2016 City Council/Successor Agency to Meeting Agenda - Final November 15, 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 11/9/2016

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