City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - - Revised Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Michael D. Tubbs Mayor/Chair Elbert H. Holman Jr. Vice Mayor/Vice Chair (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Susan Lenz (District 4) Christina Fugazi (District 5) Jesús M. Andrade (District 6) Tuesday, February 21, 2017 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 17-3330 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Six 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 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Name of Case: Jessica Glynn v. City of Stockton (United States District Court, Eastern District Case No. 2:15-CV-00529-KJM-DB) Name of Case: Nathaniel Smith v. City of Stockton, et al. (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 17-3332 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 17-3334 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG 7.1 17-3402 Invocation to be provided by Pastor Barbara Bridges, Restoration for Life Ministries Department: City Clerk City of Stockton Page 2 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 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 10.1 17-3393 COMMENDATION: GULWINDER SINGH Recipient: Gulwinder Singh, President, Sikh Temple Stockton Department: Office of the Mayor 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 16-3203 APPOINTMENTS TO THE COMMUNITY DEVELOPMENT COMMITTEE Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution appointing one member to the Community Development Committee to represent Council District 6. Department: City Clerk Attachments: Proposed Resolution - CDC Appointments Attachment A - CDC Application 12.2 17-3352 APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS Recommended Action: RECOMMENDATION Resolution ratifying Councilmember appointments to the Measure A Citizens' Advisory Committee, Planning Commission, and Water Advisory Group. Department: City Clerk Attachments: Proposed Resolution - Committee Appointments Attachment A - Measure A - Applications Attachment B - Planning Commnission Applications Attachment C - WAG Applications This item amended 2017-02-17 to include Planning Commission application for Anne Mallett 12.3 17-3379 APPROVAL OF MINUTES City of Stockton Page 3 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION Approve the minutes from the City Council Meetings of January 24, 2017 and February 7, 2017. Department: City Clerk Attachments: 2017-01-24 - Minutes for Approval 2017-02-07 - Minutes for Approval 12.4 16-3135 AMENDMENT OF THE LOWER SACRAMENTO ROAD REIMBURSEMENT AGREEMENT WITH WOODSIDE NORTHBROOK ESTATES, INC. Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution: 1) Amending the Lower Sacramento Road Reimbursement Agreement with Woodside Northbrook Estates, Inc.; and 2) Appropriating an additional $81,378 from Public Facility Fee Street Improvement Funds for the reimbursement of eligible costs. 3) Authorizing the City Manager, or his designee, to take necessary and appropriate actions to carry out the purpose and intent of the Resolution. Department: Community Development Attachments: Attachment A - Vicinity Map Attachment B - Resolution No. 06-0216 Proposed Resolution Exhibit 1 12.5 17-3281 APPROVE RESOLUTION TO AUTHORIZE THE ANIMAL SHELTER ELECTRICAL SERVICES UPGRADE City of Stockton Page 4 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 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 Notice of Exemption No. CE001-17 under the California Environmental Quality Act (CEQA) for the Animal Shelter Electrical Services Upgrade (Project No. PW1321). 2. Approve the plans and specifications for the Animal Shelter Electrical Services Upgrade (Project No. PW1321). 3. Award a Construction Contract in the amount of $86,600 to GA Technical Services, Inc. of Upland, CA, for the Animal Shelter Electrical Services Upgrade (Project No. PW1321). 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 CE001-17 Exhibit 2 - Construction Contract 12.6 17-3285 APPROVE RESOLUTION TO AUTHORIZE THE FIRE STATION NO. 2 BURN ROOM RESTORATION (PW1503) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the Notice of Exemption No. CE002-17 under the California Environmental Quality Act (CEQA) for the Fire Station No. 2 Burn Room Restoration (Project No. PW1503). 2. Reject the low bid from Haggerty Construction, Inc. 3. Approve the plans and specifications for the Fire Station No. 2 Burn Room Restoration (Project No. PW1503). 4. Award a Construction Contract in the amount of $106,140 to the second lowest bidder, Greentech Industry, Inc. of Concord, CA, for the Fire Station No. 2 Burn Room Restoration (Project No. PW1503). 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 City of Stockton Page 5 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Greentech Construction Contract 12.7 17-3314 APPROVE MOTION TO AUTHORIZE THE SUBMITTAL OF PROJECTS TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR “ONE VOICE” PROJECT PRIORITIES FOR FEDERAL FISCAL YEAR 2017-18 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Submit three projects to the San Joaquin Council of Governments (SJCOG) for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C. 2. Execute associated agreements and undertake actions to accept and receive the funding in the event that the funding requests are successful. 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 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-3189 APPOINTMENT TO THE STOCKTON PARKS AND RECREATION COMMISSION Recommended Action: RECOMMENDATION Resolution appointing one commissioner to fill a vacancy on the Parks and Recreation Commission for the remainder of a four-year term commencing immediately and ending December 31, 2020. Department: City Clerk Attachments: Attachment A - Redacted Applicaitons Proposed Resolution - Parks and Recreation Appointment 15.2 17-3276 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A DESIGN REVIEW APPLICATION FOR A PROPOSED COMMERCIAL BUILDING HOUSING CHASE BANK AND STARBUCKS LOCATED AT 520 N. EL DORADO STREET City of Stockton Page 6 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION Staff recommends that the City Council uphold the Planning Commission's denial of the Chase Bank/Starbuck's Design Review application and adopt a resolution to: 1. Deny an application for a proposed commercial building housing Chase Bank and Starbucks located at 520 N. El Dorado Street based on a finding of inconsistency with the General Commercial Design Guidelines; and 2. Direct the City Manager to work with the applicant to achieve consistency with the General Commercial Design Guidelines, including at a minimum moving the building to the El Dorado Street property line and placing the drive-through away from public view. Department: Community Development Attachments: Attachment A - Location Map Attachment B - Site Plan & Elevations Attachment C - Site Context Photos Attachment D - Citywide Guidelines, General Guidelines & Other Documents Attachment E - Letters from Applicant Proposed Resolution - Inconsistent Findings 15.3 17-3401 ADOPT A RESOLUTION REAFFIRMING STOCKTON’S COMMITMENT TO THE SUPPORT OF HUMAN RIGHTS, INCLUSIVENESS, ENVIRONMENTAL PROTECTION, AFFORDABLE HEALTHCARE, RELIGIOUS FREEDOM, AND RESPECT Department: City Clerk Attachments: Proposed Resolution - Reaffirming Human Rights Agenda ammended 2017-02-17 to add this item 16. HEARINGS**** 16.1 17-3299 ADOPTION OF AN INITIAL STUDY/PROPOSED MITIGATED NEGATIVE DECLARATION AND APPROVAL OF A PRECISE ROAD PLAN FOR THE MINER AVENUE COMPLETE STREETS PROJECT, LOCATED BETWEEN CENTER STREET AND THE UNION PACIFIC RAILROAD UNDERPASS (P16-0560) Recommended Action: RECOMMENDATION It is recommended that the City Council accept the Planning Commission's recommendation and adopt a Resolution for an Initial Study/Proposed Mitigated Negative Declaration and approve the Precise Road Plan for the Miner Avenue Complete Streets Project, in accordance with the Findings for Decision in the Proposed Resolution. Department: Community Development City of Stockton Page 7 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - Existing Miner Avenue Plan Attachment C - Public Draft Initial Study/Proposed Mitigated Neg Declaration Attachment D - Final Initial Study/Mitigated Negative Declaration Proposed Resolution - Recommendation of approval Exhibit 1 - Precise Road Plan 16.2 17-3369 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A USE PERMIT TO ESTABLISH A BAR WITH THE ON-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING BUILDING AT 222 NORTH SUTTER STREET (P16-0307) 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 bar with the on-sale of general alcoholic beverages in an existing building at 222 North Sutter Street, in accordance with the findings of fact detailed herein. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Aerial Photograph and Site Plan Attachment C - Floor Plan Attachment D - Street Elevation Attachment E - Census Tract Liquor Licenses Attachment F - Supplemental Information from Applicant Attorney Attachment G - Corrected Calls for Police Service Proposed Resolution - Recommend Denial 16.3 17-3283 TEFRA PUBLIC HEARING FOR THE HUNTER STREET APARTMENTS LOCATED AT 804 NORTH HUNTER STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the issuance of multifamily housing revenue bonds by the California Statewide Communities Development Authority (CSCDA) in an amount not to exceed $30,000,000 on behalf of Visionary Home Builders of California. Note: The bonds will not be a debt of the city, nor will they obligate the City in any way. 2. Authorizing the City Manager, or his designee, to take actions that are necessary and appropriate to carry out the purpose and intent of the resolution. City of Stockton Page 8 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - TEFRA Hunter Street 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 17-3397 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2017-01-12 Council Audit Committe Minutes 2 17-3398 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2017-01-18 - Measure W Oversight Committee Minutes 3 17-3399 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2017-01-19 Civil Service Commission Minutes 4 17-3400 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2017-01-25 - Successor Agency Oversight Board Minutes City of Stockton Page 9 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 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 February 17, 2017, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 10 Printed on 2/17/2017 City Council/Successor Agency to Meeting Agenda - - Revised February 21, 2017 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 2/17/2017