City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - - Revised Authority/Parking Authority 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, October 17, 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 17-4022 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. City of Stockton Page 1 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: Patrick Craig, et al. v. City of Stockton, a municipal corporation, et al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2017-0006371) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 17-4024 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 17-4026 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-4028 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Two 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 17-4082 CONFERENCE WITH REAL PROPERTY NEGOTIATOR City of Stockton Page 2 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: Number of Parcels: One Address: 2135 S. Airport Way, Stockton, California APN: 169-077-03 Owner: City of Stockton 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. 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. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10. 1 17-4093 CITY MANAGER REPORT ON STRATEGIC OBJECTIVES Department: City Manager 10. 2 17-4088 PROCLAMATION: FILIPINO AMERICAN HISTORY MONTH IN STOCKTON Recipients: The Little Manila Foundation and the Filipino American National Historical Society (FANHS) Stockton Chapter Department: Office of the Mayor 10. 3 17-4105 PROCLAMATION: WHITE CANE SAFETY / BLIND AMERICANS EQUALITY DAY - OCTOBER 17, 2017 Accepting the proclamation on behalf of Community Center for the Blind and Visually Impaired: Joni Bauer, Orientation and Mobility Specialist City of Stockton Page 3 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Hayim Cohen, Adaptive Technology Instructor Elsie Hirata, Case Manager Matthew Morgan, Adaptive Technology Instructor Laurie Pattingale, Independent Living Skills Instructor Agenda revised 2017-10-16 to include this item Department: Office of the Mayor 11. CONSENT AGENDA 11.1 17-4057 NOMINEES FOR THE CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES FACILITY CITIZENS’ ADVISORY COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council by motion action, approve submitting a list of names to the California Correctional Health Care Services Facility (Facility), for selection by the Warden, of two representatives to serve on the Citizens' Advisory Committee (CAC). Department: City Clerk Attachments: Attachment A - Redacted Applications 11.2 17-4084 ADOPT A RESOLUTION APPOINTING A MEMBER OF THE MEASURE A CITIZENS’ ADVISORY COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Julia Cox to fill the seat vacated by David Renison for a term beginning immediately upon appointment and ending January 31, 2019. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Measure A Appointment 11.3 17-4060 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of July 25, 2017, August 8, 2017 and August 22, 2017 Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: 2017-07-25 Minutes for Approval 2017-08-08 Minutes for Approval 2017-08-22 Minutes for Approval 11.4 17-4063 2018 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC City of Stockton Page 4 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR 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 2018 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 Authority Concurrent Attachments: Attachment A - 2018 Meeting and Closed Days Calendar 11.5 17-3940 APPROVE 200-YEAR URBAN LEVEL OF FLOOD PROTECTION AREA FINDING FOR RECLAMATION DISTRICT 2042 Recommended Action: RECOMMENDATION It is recommended that City Council adopt a Resolution approving a 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area. Department: Community Development Attachments: Attachment A - RD 2042 Map Attachment B - SB 5 Overview Attachment C - 200-Year Floodplain Map Proposed Resolution - RD 2042 Adequate Progress Exhibit 1 - Adequate Progress Report 2017 - RD 2042 11.6 17-3987 FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 5 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the final map; and 2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Cannery Park, Unit No. 5, Tract No. 3640; and It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Community Development City of Stockton Page 5 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution - Cannery Park Unit No 5 Project Exhibit 1 - Subdivision Agreement Exhibit 2 - Final Map 11.7 17-4036 SUMMARY VACATION AND ABANDONMENT OF SIX PUBLIC UTILITY EASEMENTS ON A PORTION OF SIERRA VISTA APARTMENTS Recommended Action: RECOMMENDATION It is recommended that the Council adopt a resolution: 1. Approving the summary abandonment of six public utility easements on a portion of Seven Oaks Unit No. 2, better known as Sierra Vista Apartments, on Twelfth Street between Phelps and Oroville Streets; and 2. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map - Sierra Vista abandonment Attachment B - Aerial Map - Sierra Vista abandonment Proposed Resolution - Sierra Vista Abandonment Exhibit 1 - PUE Sierra Vista abandonment Exhibit 2 - PUE Sierra Vista abandonment 11.8 17-3995 AWARD A CONSTRUCTION CONTRACT TO AMERINE SYSTEMS, INC. FOR THE WILSON WAY SUBWAY PUMP STATION IMPROVEMENTS AND BID ADDITIVE HARDING WAY SUBWAY PUMP STATION IMPROVEMENTS City of Stockton Page 6 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the plans and specifications for the Wilson Way Subway Pump Station Improvements, Project No. M15011 and Bid Additive Harding Way Subway Pump Station Improvements, Project No. M15010. 2. Award a Construction Contract in the amount of $359,878 to Amerine Systems, Inc. of Oakdale, CA for the Wilson Way Subway Pump Station Improvements, Project No. M15011 and Bid Additive Harding Way Subway Pump Station Improvements, Project No. M15010 (Exhibit 1 to Resolution). 3. Approve the filing of Notice of Exemption No. CE026-17 under the California Environmental Quality Act for the Wilson Way Subway Pump Station Improvements, Project No. M15011 and Bid Additive Harding Way Subway Pump Station Improvements, Project No. M15010 (Exhibit 2 to 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 - Wilson Way Subway Pump Exhibit 1 - Construction Contract Amerine Systems Exhibit 2 - Notice of Exemption 11.9 17-3994 APPROVE RESOLUTION TO AUTHORIZE APPROVAL OF THE GRANT AGREEMENT WITH THE STATE OF CALIFORNIA DIVISION OF BOATING AND WATERWAYS FOR SURRENDERED AND ABANDONED VESSEL EXCHANGE AND AMEND THE FISCAL YEAR 2017-18 ANNUAL BUDGET City of Stockton Page 7 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the acceptance of grant funding from the State of California's Division of Boating and Waterways, in the amount of $67,500, for the Surrendered and Abandoned Vessel Exchange; 2. Amend the Fiscal Year (FY) 2017-18 Annual Budget to increase the Police Grants & Special Programs expenditure and revenue appropriation by a total of $67,500, appropriate a ten percent local match in the amount of $6,750; 3. Authorize the City Manager to execute all required contracts or agreements with the granting agency, provide additional information, and furnish such documents as may be required, execute all documents and amendments or extensions pertaining to the grant project, and make all required appropriations in compliance with, and for the purposes stated in, the project contract; and 4. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Police Attachments: Proposed Resolution - SAVE 2017 Exhibit 1 - SAVE 2017 11.10 17-4054 REJECT ALL BIDS FOR THE PARKS MAINTENANCE AND JANITORIAL PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to reject all bids received for Parks Maintenance and Janitorial, Project No. OM-18-010, pursuant to Stockton Municipal Code section 3.68.160(B). 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 - Project Bid Abstract 11.11 17-3960 APPROVE CONTRACT CHANGE ORDER NO. 2 WITH EMERGENCY VEHICLE OUTFITTERS FOR PATROL VEHICLE BUILD City of Stockton Page 8 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 2. Authorize the City Manager to execute Contract Change Order No. 2 to add $454,781.21 for the conversion of 47 additional Police Interceptor Utility Vehicles. 3. Authorize the extension of Contract No. 2016-03-29-1205 with Emergency Vehicle Outfitters of Elk Grove, CA, for Patrol Vehicle Build (PUR 15-029) for an additional year to June 17, 2019. 4. Amend Contract No. 2016-03-29-1205 with Emergency Vehicle Outfitters for Patrol Vehicle Build (PUR 15-029) to provide for annual modification services not to exceed the original contract amount of $439,656.33. 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 - CCO No. 2 with EVO Attachment B - Service Contract with EVO Attachment C - CCO No. 1 with EVO 11.12 17-3847 APPROVE MOTION TO AWARD A SERVICE CONTRACT TO COMFORT AIR, INC. FOR CITY OF STOCKTON FACILITIES ON-CALL PLUMBING MAINTENANCE AND REPAIR SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Service Contract in the amount not to exceed $225,000 annually to Comfort Air, Inc. of Stockton, CA, for City of Stockton On-Call Plumbing Maintenance and Repair Services, Project No. OM-17-112 and to authorize up to two one-year extensions to this contract. 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 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 9 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Contract with Comfort Air 11.13 17-3859 RESOLUTION SETTING A PUBLIC HEARING TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT IN THE STOCKTON DOWNTOWN AREA Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Set a public hearing by the City Council for November 7, 2017, to determine whether public necessity, health, safety, or welfare requires the formation of an underground utility district in the Stockton downtown area bound by Miner Avenue, Aurora Street, Weber Avenue, and Sutter Street pursuant to Stockton Municipal Code section 13.36.020. 2. Authorize the City Clerk to notify all affected property owners by mail of the public hearing pursuant to Stockton Municipal Code section 13.36.020. 3. Authorize the City Clerk to publish notice of this public hearing in a newspaper of local circulation, at least ten (10) days prior to said hearing. 4. Approve the proposed area to be included in the Downtown Underground Utility District. 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 - SMC Chapter 13.36 Proposed Resolution - Downtown Underground Utility District Exhibit 1 - Map 11.14 17-3886 APPROVE MOTION TO AWARD A SERVICE CONTRACT TO WEATHERPROOFING TECHNOLOGIES, INC. FOR ROOF MAINTENANCE AND LEAK RESPONSE SERVICES City of Stockton Page 10 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a three-year Service Contract not to exceed the amount of $526,837 to Weatherproofing Technologies, Inc. of Beachwood, OH, for the Roof Maintenance and Leak Response Services, Project No. OM-17-031. 2. Authorize the City Manager to execute up to two one-year extensions to this contract, at an annual cost of $198,667 and $204,990, respectively, for a cumulative contract total not to exceed the amount of $930,504. 3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 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 WTI Inc. 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 17-4069 APPROVE RENEWAL OF THE MIRACLE MILE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution of Intention: 1. Approving the renewal of the Miracle Mile Property and Business Improvement District; 2. Accepting the Petition of Property Owners; 3. Preliminarily approving the Management District Plan and Engineer's Report; 4. Approving the proposed Boundary Map; 5. Setting a date for a Public Hearing of Protest for December 5, 2017; 6. Providing for property owner ballots provided by the District to be mailed by the City; and 7. Authorizing the City Manager to sign the ballot for City-owned property in favor of the renewal. Department: Economic Development City of Stockton Page 11 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Proposed Resolution - MMPBID Exhibit 1 - Boundary Map Exhibit 2 - Management District Plan Exhibit 3 - Public Notice 15. HEARINGS**** 15.1 17-3961 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A USE PERMIT TO ESTABLISH A PROPOSED MEDICAL CANNABIS DISPENSARY IN AN INDUSTRIAL, GENERAL ZONE AT 2401 STAGECOACH RD Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a Resolution to approve the appeal and overturn the Planning Commission's Denial of a Use Permit to allow the establishment of a proposed medical cannabis dispensary at 2401 Stagecoach Road, in accordance with the findings detailed herein. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Location Map and Aerial Photograph Attachment C - Project Description Attachment D - Neigborhood Context Map Attachment E - Dispensary Map and Cannabis Businesses Attachment F - Community Meeting Notice Proposed Resolution - Recommended Approval of Use Permit Exhibit 1 - Site Plan and Floor Plan 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 12 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 October 16, 2017, in compliance with the Brown Act. Bret Hunter, CMC Interim City Clerk By: ________________________________ Deputy City of Stockton Page 13 Printed on 10/16/2017 City Council/Successor Agency to Meeting Agenda - - Revised October 17, 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 14 Printed on 10/16/2017