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, December 13, 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 16-3197 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 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Name of Case: Nathaniel Smith, et al. v. City of Stockton (United States District Court, Eastern District Case No. 2:15-CV-00363-KJM-AC) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 16-3198 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 16-3199 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-3200 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 City of Stockton Page 2 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 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 16-3214 APPROVE FIVE RESOLUTIONS AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE FIRMS OF MAYALL HURLEY, PC, COTA COLE, LLP, DAVIDOVITZ & BENNETT, PARISH GUY-CASTILLO, PLC, AND BRODSKY, MICKLOW, BULL & WEISS, LLP Recommended Action: RECOMMENDATION It is recommended that the City Council adopt five resolutions approving Agreements for Legal Services with the firms of Mayall Hurley, PC; Cota Cole, LLP; Davidovitz & Bennett, Parish Guy-Castillo, PLC, and Brodsky, Micklow, Bull & Weiss, LLP. Department: City Attorney Attachments: Resolution - Brodsky Micklow Bull & Weiss LLP Exhibit 1 - Agreement for Legal Services Resolution - Parish Guy Castillo PLC Exhibit 1 - Agreement for Legal Services Resolution - Davidovitz & Bennett Exhibit 1- Agreement For Legal Services Resolution - Coda Cole LLP Exhibit 1 - Agreement for Legal Services Resolution - Mayall Hurley PC Exhibit 1 - Agreement for Legal Services 12.2 16-3201 NOVEMBER 8, 2016 GENERAL MUNICIPAL ELECTION RESULTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt the Resolution accepting the results of the November 8, 2016 General Municipal Election as certified by the San Joaquin County Registrar of Voters. Department: City Clerk City of Stockton Page 3 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Election Results Proposed Resolution - Certifying 2016 General Election Results Exhibit 1 - Certificate of Election Exhibit 2 - Statement of Votes 12.3 16-3174 APPROVE AMENDMENT TO TITLE 5 OF THE STOCKTON MUNICIPAL CODE RELATING TO THE DEFINITION OF CARD ROOMS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an Ordinance amending Title 5 of the Stockton Municipal Code (SMC) (Business Licenses and Regulations), Chapter 5.32, Section 5.32.010, to allow more than one card room to be located on a single parcel of land. Department: Community Development Attachments: Attachment A - Proposed Ordinance - Redline Version Attachment B - DOJ Response Letter Proposed Ordinance - Card Room Definition 12.4 16-3161 APPROVE AMENDMENTS TO REGULATORY AGREEMENTS FOR PRICE V. CITY OF STOCKTON Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving amendments to the Regulatory Agreements for the Gleason Park Apartments, Marquis Place, Vintage Plaza, Wysteria, and Winslow Village housing projects; and 2. Authorizing the City Manager, or his designee, to execute all documents and take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development City of Stockton Page 4 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Gleason Amended Agreement - redline Attachment B - Marquis Amended Agreement - redline Attachment C - Vintage Plaza Amended Agreement - redline Attachment D - Wysteria Amended Agreement - redline Attachment E - Winslow Amended Agreement - redline Proposed Resolution - Price Case Exhibit 1 - Gleason Amended Agreement Exhibit 2 - Marquis Amended Agreement Exhibit 3 - Vintage Amended Agreement Exhibit 4 - Wysteria Amended Agreement Exhibit 5 - Winslow Amended Agreement 12.5 16-3165 APPROVE THE 2016 AFFORDABLE HOUSING LOANS PROGRAM ALLOCATION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the following loans for three affordable housing activities: a. $225,000 to Stocktonians Taking Action to Neutralize Drugs (S.T.A.N.D.) for the City Central Infill II project; b. $237,000 to Habitat for Humanity for the Dream Creek project; c. $2,225,000 to DFA Development, LLC, for the Medico Artist Flats project; and 2. Approving the allocation of 30 low-income housing units to the Medico Artist Flats project pursuant to Article XXXIV of the California Constitution; and 3. Authorizing the City Manager, or his designee, to take actions that are necessary and appropriate, including the execution of loan documents, to carry out the intent of the resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - 2016 Affordbale Housing Loans Program Exhibit 1 - Funding Recommendations 12.6 16-3076 AGREEMENT WITH COCA COLA CO. FOR POURING RIGHTS AT THE ENTERTAINMENT VENUES AND VENDING THROUGHOUT CITY FACILITIES City of Stockton Page 5 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the execution of an Agreement with BCI Coca Cola Bottling Bottler of Los Angeles (Coca Cola) for Pouring Rights (exclusive beverage provider) for the City's Entertainment Venues and certain City properties. 2. Authorizing 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 Attachments: Proposed Resolution - Coca Cola Agreement Exhibit 1 - Agreement Coca Cola Final 12.7 16-3110 CREATE A NEW REPRESENTED CLASSIFICATION OF EMERGENCY COMMUNICATION DISPATCH MANAGER FOR THE STOCKTON FIRE DEPARTMENT AND APPROVE THE SALARY RANGE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution creating a new represented classification of Emergency Communication Dispatch Manager and approve the salary range. Department: Human Resources Attachments: Proposed Resolution - Emergency Communication Dispatch Manager 12.8 16-3204 AWARD A CONSTRUCTION CONTRACT TO POWER ENGINEERING CONSTRUCTION COMPANY FOR THE REGIONAL WASTEWATER CONTROL FACILITY 60-INCH INFLUENT SEWER LINE REPAIR (PROJECT NO. M16023) City of Stockton Page 6 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Approve findings pursuant to Stockton Municipal Code (SMC) 3.68.070 in support of an exception to the competitive bidding process for the repair of the Regional Wastewater Control Facility (RWCF) 60-inch influent sewer line, Project No. M16023. 2. Approve the plans and specifications for the RWCF 60-inch Influent Sewer Line Repair, Project No. M16023. 3. Award a construction contract in the amount of $538,500 to Power Engineering Construction Company of Alameda, CA for the RWCF 60-inch Influent Sewer Line Repair, Project No. M16023 (Exhibit 1 to the Resolution). 4. Approve the filing of Notice of Exemption No. MUD-CE-3-16 under the California Environmental Quality Act (CEQA) for the Regional Wastewater Control Facility 60-inch Influent Sewer Line Repair, Project No. M16023 (Exhibit 2 to the Resolution). 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: Municipal Utilities Attachments: Proposed Resolution - Regional Wastewater Control Facility Sewer Line Repair Exhibit 1 - Contract - Power Engineering Exhibit 2 - Notice of Exemption 12.9 16-3095 APPROVE PURCHASE OF 25 SEDANS FROM BIG VALLEY FORD (PUR 16-010) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve the purchase of 25 Ford Taurus sedans from Big Valley Ford of Stockton, California, in the amount of $593,451.25. 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 Quote Attachment B - Sedans To Be Replaced 12.10 16-2980 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2016-17 RECOMMENDATION City of Stockton Page 7 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent It is recommended that the City Council adopt a resolution authorizing the City Manager or his Designee to execute and submit a claim to the San Joaquin Council of Governments (SJCOG) for Fiscal Year 2016-17 Transportation Development Act (TDA) funds in the amount of $268,385. 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: Proposed Resolution - Transportation Development Act Claim Exhibit 1 - TDA Claim 12.11 16-3028 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH WEST COAST ARBORISTS INC. FOR EMERGENCY TREE SERVICES (PROJECT NO. O&M 16-014) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process, and authorize the City Manager to execute Contract Change Order (CCO) No. 1 to add $150,000 in fiscal year 2016-17 to the contract with West Coast Arborists, Inc. for emergency tree service requests (Project No. O&M 16-014). 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: Public Works Attachments: Attachment A - Contract with West Coast Arborists Attachment B - Contract Change Order No. 1 12.12 16-3075 RATIFICATION OF EXPENDITURES FOR EMERGENCY REPAIR OF WILSON WAY BRIDGE OVER MORMON SLOUGH Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion ratifying the emergency expenditure of $269,440 to MCM Construction, Inc. and $31,272.50 to Mark Thomas & Company, Inc. for the emergency repair of the Wilson Way Bridge over Mormon Slough. 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 8 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-3178 APPROVE FEDERAL AND STATE LEGISLATIVE ADVOCACY CONTRACTS Recommended Action: RECOMMENDATION It is recommended that by motion action the City Council authorize the City Manager to enter into a contract with David Turch and Associates in the amount of $72,000 and with Emanuels Jones & Associates in the amount of $87,000 to provide advocacy services and represent the City of Stockton before the United States Government and the State of California respectively. Department: City Manager Attachments: Attachment A - 2017 Federal Legislative Advocacy Contract Attachment B - 2017 State Legislative Advocacy Contract 16. HEARINGS**** 16.1 16-3219 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO ALLOW THE OFF-SALE OF BEER AND WINE AT 836 E MINER AVENUE (P16-0263) This item was continued from the Council meeting of December 6, 2016. 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 a Use Permit to allow the off-sale of beer and wine at 836 E Miner Avenue. Department: Community Development Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - ABC Violation Information Attachment C - Locations of Active Alcoholic Beverage Licenses Attachment D - Letters in Opposition Attachment E - Appeal Letter and Petition in Support Proposed Resolution - Appeal of Denial for Use Permit at 836 E Miner Ave Exhibit 1 - Floor Plan Exhibit 2 - UCR Study 17. COUNCIL COMMENTS City of Stockton Page 9 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 18. ADJOURNMENT 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 December 8, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: __________________________ Deputy INFORMATIONAL ITEMS 1 16-3223 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2017 Recommended Action: This notice is given in compliance with the requirements of the Maddy Act, California Government Code Section 54970 et. seq. Department: City Clerk Attachments: 2017 Local Appointments List Maddy Act City of Stockton Page 10 Printed on 12/8/2016 City Council/Successor Agency to Meeting Agenda - Final December 13, 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 12/8/2016