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, April 17, 2018 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 18-4477 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 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: Long Tran, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2017-009084) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 18-4478 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 18-4479 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 18-4480 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 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL City of Stockton Page 2 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 18-4485 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of February 27, 2018 and the Special City Council meeting of March 6, 2018. Department: City Clerk Attachments: 2018-02-27 - Minutes for Approval 2018-03-06 - Minutes for Approval 11.2 18-4446 ADOPT FINDINGS APPROVING AN EXCEPTION TO THE COMPETITIVE BID PROCESS TO ENTER INTO A COOPERATIVE AGREEMENT WITH FREEDMAN & KOSKI, INC. FOR THE DEVELOPENT OF A SUSTAINABLE REGULATORY CANNABIS PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Adopt findings approving an exception to the competitive bid process and authorize the City Manager to execute a Cooperative Agreement with Freedman & Koski, Inc. in the amount of $194,415 for development of a sustainable regulatory structure for personal use and commercial cannabis businesses within the City of Stockton; and 2. Authorize the City to take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Community Development Attachments: Attachment A - Freedman and Koski Coop Agreement 11.3 18-4435 APPROVE MOTION AUTHORIZING AN AMENDMENT TO AGREEMENT WITH TABLE COMMUNITY FOUNDATION FOR OPERATION OF MERLO GYMNASIUM City of Stockton Page 3 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving and authorizing an Amendment to the Operations Agreement with Table Community Foundation to extend the Agreement for two years and authorize the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Merlo Gymnasium Operations Agreement Attachment B - Amendment to the Merlo Gymnasium Agreement 11.4 17-4233 APPROVE OPTION AGREEMENT WITH STAND Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing an Option Agreement with Stocktonians Taking Action to Neutralize Drugs for City-owned property at 2222 and 2244 South Airport Way; 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 Attachment B - Aerial Map Proposed Resolution - STAND Option Agreement Exhibit 1 - Option Agreement 11.5 18-4458 ACCEPT THE 2018 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE MONTHLY PREMIUM RATES FOR THE CITY’S HEALTH PLANS FOR FISCAL YEAR 2018-2019 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Accept the 2018 Annual Health Benefits Report for the City's medical, dental, and vision plans; and 2. Approve the recommended monthly premium rates for the City's health plans for Fiscal Year (FY) 2018-2019. Department: Human Resources Attachments: Attachment A - City of Stockton 2018 Health Benefits Report 11.6 18-4441 APPROVE MOTION TO AUTHORIZE PURCHASE OF REPLACEMENT DATA STORAGE EQUIPMENT FOR 400 E MAIN City of Stockton Page 4 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent DATA CENTER Recommended Action: RECOMMENDATION Staff recommends the City Council approve a motion: 1. Authorizing the purchase of replacement data storage equipment for the 400 E. Main data center, in the amount of $179,293.06 (Attachment A). 2. Approving findings for an exception to the competitive bidding process; and 3. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Information Technology Attachments: Attachment A - Agreement - Kovarus 11.7 18-4418 AWARD A CONTRACT TO MCC CONTROLS, LLC, DBA PRIMEX INC., FOR SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) ON-CALL SERVICES 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 for the Supervisory Control and Data Acquisition (SCADA), Project No. PUR 17-023. 2. Award a Professional Services Contract to MCC Controls, LLC DBA Primex, Inc. (MCC), of Vacaville, in the amount of $125,000 for Supervisory Control and Data Acquisition (SCADA) On-Call Services. 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 motion. Department: Municipal Utilities Attachments: Attachment A - Primex - Professional Services Agreement 11.8 18-4420 RESOLUTION APPROVING THE AWARD OF A CONTRACT TO HDR ENGINEERING, INC. FOR THE WASTEWATER COST OF SERVICE RATE STUDY AND AMEND THE FISCAL YEAR 2017-18 ANNUAL BUDGET City of Stockton Page 5 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 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. Award a Professional Services Contract to HDR Engineering, Inc. of Folsom, CA in the amount of $175,040 for the Wastewater Cost of Service Rate Study, Project No. PUR 17-024. 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 3. Appropriate $175,040 from the Wastewater Utility Fund fund balance (431-0000-287) to the Wastewater Current Operating Expense Account (431-4331-574). 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 - Wastewater Rate Study Exhibit 1 - Contract - Wastewater Cost of Service Rate Study 11.9 17-4265 APPROVE CONTRACT CHANGE ORDER WITH GOODFELLOW TOP GRADE CONSTRUCTION, LLC FOR THE THORNTON ROAD WIDENING PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute Contract Change Order No. 24, in the amount of $150,000, with Goodfellow Top Grade Construction, LLC for the Thornton Road Widening, Project No. PW1428. 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 - Vicinity Map Attachment B - Thornton Road Widening Change Order No. 24 11.10 18-4306 APPROVE MOTION TO AWARD CONTRACT FOR DESIGN OF THE BUS RAPID TRANSIT, PHASE V ALONG SEGMENTS OF WEBER AVENUE, MINER AVENUE, WILSON WAY, FREMONT STREET, FILBERT STREET, AND MAIN STREET City of Stockton Page 6 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 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. Award a Professional Services Contract to Kimley-Horn and Associates, Inc., of Oakland, CA, in the amount of $185,593.99, for design services for the Bus Rapid Transit, Phase V along segments of Weber Avenue, Miner Avenue, Wilson Way, Fremont Street, Filbert Street, and Main Street, Project No. PW1516/ Federal Project No. CML-5008(149). 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 Attachments: Attachment A - Vicinity Maps Attachment B - Professional Services Contract 11.11 18-4320 APPROVE PURCHASE OF EIGHT NEW TRUCKS FROM CHASE CHEVROLET (PUR 17-042) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to approve the purchase of eight new Chevrolet Colorado trucks from Chase Chevrolet, of Stockton, CA, in the amount of $208,257.82. 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 - Bid Chase Chevrolet Attachment B - List of Trucks to be Replaced 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 18-4517 TEAM LEASE AGREEMENT BETWEEN SBH DEVELOPMENT LLC, A DELAWARE LLC (SACRAMENTO KINGS) AND CITY OF STOCKTON FOR THE USE OF THE STOCKTON ARENA AS HOME COURT FOR THEIR NBA G LEAGUE TEAM City of Stockton Page 7 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: Materials related to this item will be published at a later date. Department: Economic Development 14.2 18-4464 RECOMMENDATIONS OF THE CITY COUNCIL SALARY SETTING COMMISSION TO ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.08 OF THE STOCKTON MUNICIPAL CODE TO SET THE SALARIES FOR THE STOCKTON CITY COUNCIL TO $26,694, WITH NO BENEFITS, BEGINNING JANUARY 1, 2019 IN ACCORDANCE WITH ARTICLE IV, SECTION 410 OF THE CITY CHARTER Recommended Action: RECOMENDATION It is recommended that the City Council approve the recommendations of the City Council Salary Setting Commission (Commission) and adopt an ordinance setting the City Council's annual salary at $26,694, with no benefits, effective January 1, 2019. Department: Human Resources Attachments: Attachment A - Salary Setting Commission Recommendation Memo Attachment B - Proposed Ordinance - Redline Proposed Ordinance - Amending Sections 2.08.040 and 2.08.060 14.3 18-4403 RESOLUTION TO APPROVE THE FISCAL YEAR 2018-19 PROJECT LIST FOR THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, AND SUBMITTAL OF REPORTS TO THE CALIFORNIA TRANSPORTATION COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to approve: 1. The Fiscal Year 2018-19 project list for the Road Repair and Accountability Act of 2017. 2. Submittal of reports to the California Transportation Commission related to the Road Repair and Accountability Act of 2017. 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 - RMRA Approved FY 2017-18 Projects Proposed Resolution - RMRA Project List for FY 2018-19 Exhibit 1 - RMRA Project List for FY 2018-19 15. HEARINGS**** City of Stockton Page 8 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 15.1 18-4376 ADOPTION OF AN INITIAL STUDY/MITIGATED NEGATIVE DECLARATION, REZONE FROM INDUSTRIAL GENERAL TO COMMERCIAL GENERAL AND DESIGN REVIEW APPROVAL FOR A CONVENIENCE STORE WITH THE OFF-SALE OF BEER AND WINE, CAR WASH, AND TRUCK FUELING STATION AT 4607 S. AIRPORT WAY Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a Resolution to: 1. Adopt an Initial Study/Proposed Mitigated Negative Declaration for the Airport Sperry ARCO Station Project; and 2. Approve the Design Review for the project to ensure compliance with all applicable provisions of the City's Design Review Guidelines. It is also recommended that the City Council adopt an Ordinance for the Rezoning of a 2.22-acre site from Industrial General to Commercial General. 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: Community Development Attachments: Attachment A - Location Map and Aerial Photograph Attachment B - General Plan Map Attachment C - Site Plan and Proposed Elevations Attachment D - Community Outreach Meeting Information Attachment E - Resolution 2018-02-08-0501 Attachment F - Notice of Intent and Proposed Mitigated Neg Dec Proposed Resolution - 4607 S Airport Way Exhibit 1 - Final Initial Study and Mitigated Negative Declaration Exhibit 2 - Approved Design Review Elevations Proposed Ordinance - Airport Sperry Rezone 15.2 18-4394 TEFRA PUBLIC HEARING FOR THE HUNTER STREET APARTMENTS LOCATED AT 804 NORTH HUNTER STREET City of Stockton Page 9 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 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. Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - TEFRA Hunter Street 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 18-4349 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: RECOMMENDATION Information only. No action required. Department: City Clerk Attachments: 2017-08-30 - Legislation/Environmental Committee Meeting Minutes 2017-05-31 - Measure A Committee Minutes 2017-09-20 - Measure A Committee Minutes 2017-07-19 - Measure W Oversight Committee Minutes 2017-08-30 - Measure W Oversight Committee Minutes 2017-05-31 - Water Advisory Group Minutes 2017-09-06 - Water Advisory Group Minutes 2017-09-19 - Water Advisory Group Minutes 2017-09-20 - Water Advisory Group Minutes 2017-10-04 - Water Advisory Group Minutes 2018-01-03 - Water Advisroy Group Minutes City of Stockton Page 10 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 2 18-4502 2017 ANNUAL REPORT - SAN JOAQUIN COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT Report summarizes the operations and fiscal status of the District for this past year. Recommended Action: RECOMMENDATION Information only, no action required. Department: City Clerk Attachments: 2017 Report for the SJ County Mosquito & Vector Control District 3 18-4504 2017 ANNUAL REPORT - SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT Annual Report on the District’s Air Toxic Program for the past year. Recommended Action: RECOMMENDATION Information only, no action required. Department: City Clerk Attachments: 2017 SJ Valley Air Polution Control District 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 April 9, 2018, in compliance with the Brown Act. Bret Hunter, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 4/10/2018 City Council/Successor Agency to Meeting Agenda - Final April 17, 2018 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 12 Printed on 4/10/2018