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 Authority Concurrent 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, August 22, 2017 3:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 3:00 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 17-3862 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 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 17-3864 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 17-3866 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Two Recommended Action: City Manager and City Attorney This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-3868 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.5 17-3909 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Number of Parcels: 59 Address, APN, and Owner listed respectively: 525 N. Center Street, Stockton, California 95202, 137-190-29, City of Stockton; 546 N. Madison Street, Stockton, California 95202, 137-190-30, Stockton Unified School District; 120 W. Oak Street, Stockton, California 95202, 137-190-33, City of Stockton; 445 W. Weber Ave J, Stockton, California 95203, 137-260-12, Riverrock Properties LLC; 605 and 517 W. Weber Ave, Stockton, California 95203, 137-260-16, and 17, City of Stockton City of Stockton Page 2 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Redevelopment Agency; 627 W. Weber Ave, Stockton, California 95203, 137-260-35, Waterfront Office Towers Owners et al.; 321 W. Weber Ave, Stockton, California 95203, 137-270-23, Patricia A. and Patrick J. Kennedy Trust et al.; -No Addresses on Property- Stockton, California 95202, 137-360-58, Regent Weber LLC; 501 W. Weber Ave, 102, 105, 500, 113, and 117, Stockton, California 95203, 137-380-14, thru 137-330-18, Butterfield Weber LLC et al.; 509 W. Weber Ave, 101, 202, 203, 204, 205, 209, 213, and three unassigned units, Stockton, California 95203, 137-390-01, thru 137-390-11, Sierra Vista Apartments II LP, et al.; 509 W. Weber Ave 217, and one unassigned unit, Stockton, California 95203, 137-390-12, and 13. Dockside One; 555 N. El Dorado Street, Stockton, California 95202, 139-060-30, City of Stockton; 121 E. Lindsay Street, Stockton, California 95202, 139-070-03, Francisco Villalobos, et al.; 128 E. Fremont Street, Stockton, California 95202, 139-070-04, Jason Duran; 441 N. Hunter Street, Stockton, California 95202, 139-070-05, Joseph S. Escove Trust; 135 E. Lindsay Street, Stockton, California 95202, 139-070-07, Rosa Flores Trust; 400 N. El Dorado Street, Stockton, California 95202, 139-070-09, Joseph Quang and Diana Tho Nguyen; 425 N. El Dorado Street, Stockton, California 95202, 139-070-10, City of Stockton; 436 N. El Dorado Street, Stockton, California 95202, 139-070-13, Dennis Erardi; 6 and 20 E. Lindsay Street, Stockton, California 95202, 139-080-01, and 02, City of Stockton; 305 N. El Dorado Street 301, Stockton, California 95202, 139-080-03, A T C Building Co.; Address: 345 N. El Dorado Street, Stockton, California 95202, 139-080-04, City of Stockton; 31 Channel Street, Stockton, California 95202, 139-100-01, State of California; 1 N. El Dorado Street, Stockton, California 95202, 149-020-14, Eduardo and Ximena D. Araya; 9 S. El Dorado Street, Stockton, California 95202, 149-030-08, Pellarin Enterprises; 35 S. El Dorado Street, Stockton, California 95202, 149-030-10, Bank of Tokyo; 400 E. Main Street 504, Stockton, California 95202, 149-150-24, City of Stockton; 343 E. Main Street 329, Stockton, California 95202, 149-160-08, Cort Tower LLC; 311 E. Main Street 202, Stockton, California 95202, 149-160-12, Stockton Building Co.; 317 E. Main Street, Stockton, California 95202, 149-160-13, County of San Joaquin; 42 N. Sutter Street 503, Stockton, California 95202, 149-170-01, 42NSUTTER LLC; 401 E. Main Street, Stockton, California 95202, 149-170-04, United Way of San Joaquin County Corporation; 20 N. Sutter Street, Stockton, California 95202, 149-170-05, Kress Building LLC; 415 E. Main Street, Stockton, California 95202, 149-170-06, Yik Hwan and Lois Eunjoo Oh; 417 E. Main Street, Stockton, California 95202, 149-170-07, Disco Azteca PTP; 435 and 445 E. Main Street, Stockton, California 95202, 149-170-08, and 09, City of Stockton; 440 E. Weber Ave, Stockton, California 95202, 149-170-11, Weber LLC, 37 N. California Street, Stockton, California 95202, 149-170-12, City of Stockton Redevelopment Agency; 27 N. California Street, Stockton, California 95202, 149-170-25, City of Stockton; 420 and 430 E. Main Street, Stockton, California 95202, 149-170-29, and 30; Weber LLC Agency Negotiators: Kurt Wilson, City Manager Under Negotiation: Price and Terms City of Stockton Page 3 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent This Closed Session is authorized pursuant to section 54956.8 of the Government Code. 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. CONSENT AGENDA 11.1 17-3858 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED JUNE 30, 2017 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended June 30, 2017. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report 11.2 17-3894 ADOPT A RESOLUTION APPOINTING MEMBERS OF THE MEASURE W COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the Mayor's recommendations to fill vacancies on the Measure W Committee for a term beginning immediately and ending June 30, 2019. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Appointing Two Members 11.3 17-3897 ADOPT A RESOLUTION APPOINTING A MEMBER OF THE MEASURE A CITIZENS’ ADVISORY COMMITTEE City of Stockton Page 4 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Joni Anderson to fill the seat vacated by Committee Member Marcie Bayne. The term will begin immediately upon appointment and end January 31, 2019. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Measure A Appointment 11.4 17-3706 ADOPT A RESOLUTION APPOINTING MEMBERS OF THE STRONG COMMUNITIES ADVISORY COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1) Establishing the Strong Communities Advisory Committee as outlined in Ordinance 2016-06-07-1212 (Attachment A), adopted by the citizens of Stockton at the November 8, 2016 General Municipal election, and; 2) Ratifying the following appointments to the Strong Communities Advisory Committee for terms commencing on appointment and ending June 30, 2019: Lester Patrick, (Vice Mayor Holman) Karl Miller, (Councilmember Loftus) Nathan Werth, (Councilmember Fugazi) 3) Ratifying the following appointments to the Strong Communities Advisory Committee for terms commencing on appointment and ending June 30, 2018 Mas'ood Cajee, (Mayor Tubbs) Suzanne Devitt, (Councilmember Wright) Lorraine Lauper, (Councilmember Lenz) Benjamin Gonzalez, (Councilmember Andrade), and; 4) Amending Council Policy Chapter 3.02 City Council and Mayoral Appointments to Committees, Boards, and Commissions (Attachment B), and Chapter 3.04.080 Strong Communities Advisory Committee (Attachment C) as they relate to term limits and staggering the terms of service for Committee members. Department: Community Services City of Stockton Page 5 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Ordinance 2016-06-07-1212 Attachment B - Redline Council Policy 3.02 Attachment C - Redline Council Policy 3.04.080 Attachment D - Redacted Applications Proposed Resolution - Committee Appointments Exhibit 1 - Council Policy 3.02 Exhibit 2 - Council Policy 3.04.080 11.5 17-3737 APPROVE RESOLUTION TO AUTHORIZE THE BUS RAPID TRANSIT PHASE IV ON CHARTER WAY/DR. MARTIN LUTHER KING JR. BOULEVARD AND MARIPOSA ROAD 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. CE001-15 under the California Environmental Quality Act for the Bus Rapid Transit Phase IV on Charter Way/Dr. Martin Luther King Jr. Boulevard and Mariposa Road (Project No. PW1303/Federal Project No. CML-5008(123)). 2. Approve the plans and specifications for the BRT Phase IV on Charter Way/Dr. Martin Luther King Jr. Boulevard and Mariposa Road (Project No. PW1303/Federal Project No. CML-5008(123)). 3. Award a Construction Contract in the amount of $1,016,940 to Tim Paxin's Pacific Excavation, Inc. of Elk Grove, CA, for the Bus Rapid Transit Phase IV on Charter Way/Dr. Martin Luther King Jr. Boulevard and Mariposa Road (Project No. PW1303/Federal Project No. CML-5008(123)). 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 - Bus Rapid Transit Phase IV Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS City of Stockton Page 6 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 14.1 17-3935 APPROVE BY MOTION THE RESPONSE TO THE 2016-2017 CIVIL GRAND JURY REPORT FOR COUNTYWIDE DISPATCH FOR FIRE, CASE NO. 0616 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Adopt the City Council's Response to the 2016-2017 Civil Grand Jury Report for Investigating Case No. 0616 - Countywide Dispatch for Fire, Two Are Not Always Better Than One; and 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: City Manager Attachments: Attachment A - 2016-17 Grand Jury Report Case No 0616 Attachment B - City Council Response to Grand Jury Case No 0616 14.2 17-3814 APPROVE RESOLUTION TO EXTEND THE LOAN TERM FOR THE GRAND VIEW VILLAGE PROJECT Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution: 1) Approving an extension of the loan to VCOR, LP for the Grand View Village project to June 2018; and 2) Authorizing the City Manager, or his designee, to execute the loan extension and to take actions necessary and appropriate to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution 2014-12-16-1211 Attachment B - Resolution 2015-06-09-1202 Attachment C - Vicinity Map Attachment D - Exterior Elevation Attachment E - Miner Avenue Streetscape Proposed Resolution - Grand View Village Loan Extension 14.3 17-3748 AMENDMENT TO STOCKTON MUNICIPAL CODE TITLE 13, CHAPTER 13.28 CONCERNING WATER CONSERVATION City of Stockton Page 7 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Approve a resolution to include findings declaring that a Stage 1 Water Shortage Emergency no longer exists pursuant to Stockton Municipal Code section 13.32.010. 2. Adopt an ordinance amending various sections of Title 13, Chapter 13.28 of the Stockton Municipal Code regarding water use restrictions in response to the Governor's termination of the January 17, 2014, Drought State of Emergency and to further clarify current and future water use restrictions. Department: Municipal Utilities Attachments: Attachment A - Governor Brown's Executive Order B-40-17_Attested.pdf Attachment B - Proposed SMC 13.28.030.docx Attachment C - Proposed Ordinance - Redlined Proposed Resolution - Water Conservation Proposed Ordinance - Revised Water Conservation 15. HEARINGS**** 16. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 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 <EDIT DATE>, in compliance with the Brown Act. Bret Hunter, CMC Interim City Clerk By: ________________________________ Deputy City of Stockton Page 8 Printed on 8/17/2017 City Council/Successor Agency to Meeting Agenda - Final August 22, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent *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 9 Printed on 8/17/2017