City Council and Concurrent Authorities

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 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, November 7, 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 17-4126 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. City of Stockton Page 1 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: Gordon Bettencourt, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2017-0008368) Name of Case: Stephanie Jimenez, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2017-0004506) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 17-4127 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 17-4128 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-4129 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 City of Stockton Page 2 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 11. CONSENT AGENDA 11.1 17-4075 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30, 2017 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended September 30, 2017. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report for Quarter ended 2017-09-30 11.2 17-4087 APPOINTMENTS TO THE CLIMATE ACTION PLAN ADVISORY COMMITTEE Recommended Action: RECOMMENDATION Adopt a resolution appointing ten members to the Climate Action Plan Advisory Committee for two-year terms beginning immediately upon ratification and ending September 30, 2019. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Climate Action Plan Appointments 11.3 17-4058 APPOINTMENTS TO THE COMMUNITY DEVELOPMENT COMMITTEE City of Stockton Page 3 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution appointing three members to the Community Development Committee to represent Council Districts 2, 4 and At-large with terms commencing upon appointment and ending September 30, 2021. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Appointments to CDC 11.4 17-4135 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of September 19, October 3, and October 17, 2017 Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: 2017-09-19 Minutes for Approval 2017-10-03 Minutes for Approval 2017-10-17 Minutes for Approval 11.5 17-4029 AUTHORIZE AN AGREEMENT WITH THE DOWNTOWN STOCKTON ALLIANCE TO MANAGE THE DOWNTOWN STOCKTON PROPERTY AND BUSINESS IMPROVEMENT DISTRICT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the City Manager to execute an Agreement with the Downtown Stockton Alliance, Inc. (the "Alliance") to operate and manage the Downtown Stockton Property and Business Improvement District (the "DSPBID"); 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 - DSA Boundary Map Attachment B - Resolution No. 2017-07-25-1501 Proposed Resolution - DSA Agreement Exhibit 1 - Agreement 11.6 17-4009 AWARD A CONTRACT TO BOCKMON & WOODY ELECTRIC CO., INC. FOR ELECTRICAL MAINTENANCE AND REPAIR ON-CALL SERVICES City of Stockton Page 4 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1) Approve findings which support and justify an exception to the competitive bid process. 2) Award an Electrical Maintenance and Repair On-Call Services Contract in an amount not to exceed $250,000 annually to Bockmon & Woody Electric Co., Inc. of Stockton. 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: Municipal Utilities Attachments: Attachment A - Contract - Bockmon and Woody 11.7 17-4110 ADOPT A MOTION TO AUTHORIZE AN APPLICATION FOR A TRANSFORMATIVE CLIMATE COMMUNITIES PLANNING GRANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to submit an application for a Transformative Climate Communities Planning Grant in the amount of $250,000, 2. Approve the Project Area Map and boundaries, and 3. Approve the list of community-based organization that volunteered to be Co-Applicants and would be recipients of Planning Grant funds. 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 the motion. Department: Office of the Mayor Attachments: Attachment A - TCC Planning Grant FAAST Questionnaire Attachment B - TCC Planning Grant Workbook Attachment C - TCC Projected Area Map 11.8 17-3833 APPROVE RESOLUTION TO AUTHORIZE THE PERSHING AVENUE ADAPTIVE TRAFFIC CONTROL SYSTEM PROJECT City of Stockton Page 5 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 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 Notice of Exemption No. CE008-17 under the California Environmental Quality Act for the Pershing Avenue Adaptive Traffic Control System, Project No. PW1311/Federal Project No. CML-5008(126). 2. Approve the plans and specifications for the Pershing Avenue Adaptive Traffic Control System, Project No. PW1311/Federal Project No. CML-5008(126). 3. Appropriate funds in the amount of $395,000 from Public Facility Fees Air Quality Citywide Fund 990 to the Pershing Avenue Adaptive Traffic Control System, Project No. PW1311/Federal Project No. CML-5008(126). 4. Award a Construction Contract in the amount of $1,262,489 to Tim Paxin's Pacific Excavation, Inc. of Elk Grove, CA, for the Pershing Avenue Adaptive Traffic Control System, Project No. PW1311/Federal Project No. CML-5008(126). 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 - Pershing Ave Traffic Control System Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 11.9 17-3997 APPROVE RESOLUTION TO AUTHORIZE THE INSTALLATION OF PRE-EMPTION DEVICES AT FILBERT STREET AND STATE ROUTE 4 CROSSTOWN FREEWAY OFF/ON RAMPS City of Stockton Page 6 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 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 Notice of Exemption No. CE016-16 under the California Environmental Quality Act for the Installation of Pre-emption Devices at Filbert Street and State Route 4 Crosstown Freeway Off/On Ramps (Project No. PW1605/Federal Project No. HSIPL-5008(154)). 2. Approve the plans and specifications for the Installation of Pre-emption Devices at Filbert Street and State Route 4 Crosstown Freeway Off/On Ramps (Project No. PW1605/Federal Project No. HSIPL-5008(154)). 3. Award a Construction Contract in the amount of $142,733 to Tim Paxin's Pacific Excavation, Inc. of Elk Grove, CA, for the Installation of Pre-emption Devices at Filbert Street and State Route 4 Crosstown Freeway Off/On Ramps (Project No. PW1605/Federal Project No. HSIPL-5008(154)). 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 - Installation of Pre-emption Devices Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 11.10 17-4008 APPROVE MOTION TO AUTHORIZE THE GREATER DOWNTOWN ACTIVE TRANSPORTATION PLAN Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Award a Professional Services Contract to Nelson\Nygaard Consulting Associates, Inc. of San Francisco, CA, in the amount of $316,958.45, for the preparation of the Greater Downtown Active Transportation Plan (Project No. PW1601/Federal Project No. ATPLNI-5008(160)). 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 7 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 17-3919 ADOPT THE “PARS PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST” AND AUTHORIZE A CONTRACT WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS) TO ACT AS TRUST ADMINISTRATOR AND PROVIDE ADMINISTRATION SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Adopt the "PARS Public Agencies Post-Employment Benefits Trust" (Trust), 2. Authorize initial deposits into the Trust from General Fund Reserves and the Retirement Internal Service Fund, and 3. Authorize the City Manager to execute a contract with Phase II Systems, dba Public Agency Retirement Services to act as Trust Administrator and provide administrative services to Stockton as a member agency of a multi-employer post-employment benefit trust for pre-funding pension obligations. 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: Administrative Services Attachments: Attachment A - Agreement for Administrative Services Proposed Resolution - Administrative Services Agreement 14.2 17-4086 ACCEPT FISCAL YEAR 2016-17 FOURTH QUARTER BUDGET STATUS UPDATE, AUTHORIZE BUDGET AMENDMENTS, AND FUND RESERVES City of Stockton Page 8 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 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. Accept this budget status report on the un-audited results of the fourth quarter of Fiscal Year (FY) 2016-17 for the City's General Fund, 2. Authorize four budget allocation carryovers from FY 2016-17 to FY 2017-18 in the following departments and amounts: a. Police Department for equipping vehicles in the amount of $240,000, b. Fire Department for Emergency Medical Services Contract in the amount of $100,000, c. Human Resource Department for recruitment exams in the amount of $48,000, d. Non-departmental category for Workforce Development Program $100,000, 3. Authorize the budget amendment to the FY 2016-17 Annual Budget in the Debt Service Fund to increase the expenditure appropriation by $100,000, and 4. Authorize the available General Fund Balance to be used to fund the Working Capital Reserve of $36.2 million and increase the Known Contingency amount from $31.3 million to $48.3 million based on the change in available fund balance. It is also recommended that the Parking Authority of the City of Stockton (Parking Authority) adopt a resolution to authorize an amendment to the FY 2016-17 Annual Budget in the Parking Authority Fund to increase the revenue appropriation by $180,000 and expenditure appropriation by $145,000. 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. Department: Administrative Services Attachments: Attachment A - FY 2016-17 Year End General Fund Update Attachment B - FY 2016-17 Year End General Fund Revenue Summary Proposed Resolution - FY 2016-17 4th Quarter Budget Update Proposed Resolution - Parking Authority FY 2016-17 Amendment 14.3 17-4139 2018 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR City of Stockton Page 9 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority and Stockton Parking Authority adopt by motion action one of three options outlined for 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 - Adopted 2018 City Council Meeting Calendar - Option 1 Attachment B - Revised 2018 City Council Meeting Calendar - Option 2 Attachment C - Revised 2018 City Council Meeting Calendar - Option 3 15. HEARINGS**** 15.1 17-4038 APPROVE THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2018 DEVELOPMENT FEE SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution approving the San Joaquin Multi-Species Habitat Conservation and Open Space Plan 2018 development fee schedule. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Cost and Fee Analysis Proposed Resolution - 2018 HCP Fee 15.2 17-4039 AMENDING STOCKTON MUNICIPAL CODE TITLE 16, CHAPTER 16.80, SECTION 16.80.195 Recommended Action: RECOMMENDATION Staff recommends that the City Council accept the Planning Commission's recommendation to adopt an Ordinance amending Stockton Municipal Code, Title 16, Chapter 16.80, Section 16.80.195, "Medical Cannabis Businesses-Permitting." Department: Community Development Attachments: Attachment A - Proposed Ordinance (Redline) Proposed Ordinance - Title 16 - Medical Cannabis 15.3 17-3942 CONDUCT A PUBLIC HEARING AND ESTABLISH AN UNDERGROUND UTILITY DISTRICT IN THE STOCKTON DOWNTOWN AREA City of Stockton Page 10 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Conduct a public hearing 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. 2. Adopt a resolution authorizing the establishment of an underground utility district in the Stockton downtown area bound by Miner Avenue, Aurora Street, Weber Avenue, and Sutter Street. 3. Authorize the City Manager to approve the filing of Notice of Exemption No. CE029-17 under the California Environmental Quality Act for the Underground Utility District in the Stockton downtown area. 4. Authorize the City Clerk to notify all affected utilities and real property owners within the Underground Utility District in the Stockton Downtown area by mail of the adoption of the resolution within ten (10) days of its adoption. 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 Exhibit 2 - Downtown Underground District Boundary Description Exhibit 3 - Notice of Exemption 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 17-4071 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2018 Recommended Action: This notice is given in compliance with the requirements of the Maddy Act, California Government Code Section 54970 et. seq. This item is information only; no action required. Department: City Clerk City of Stockton Page 11 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: 2018 Local Appointment List Maddy Act 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 1, 2017, in compliance with the Brown Act. Bret Hunter, CMC Interim City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 11/1/2017 City Council/Successor Agency to Meeting Agenda - Final November 7, 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 13 Printed on 11/1/2017