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 Daniel R. Wright Vice Mayor/Vice Chair (District 2) Sol Jobrack (District 1) Paul Canepa (District 3) Susan Lenz (District 4) Christina Fugazi (District 5) Jesus M. Andrade (District 6) Tuesday, November 5, 2019 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 19-5959 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Eight 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 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: Joseph Lee Green, et al. v. City of Stockton (San Joaquin County Superior Court Case No. STK-CV-UPI-2011-0014340) Name of Case: Dionne Smith-Downs, et al. v. City of Stockton, Redevelopment Agency, et al. (United States District Court, Eastern District Case No. 2:10-CV-02495 CKD) Name of Case: County of San Joaquin, et al. v. Purdue Pharma L.P., et al. (San Joaquin County Superior Court Case No. STK-CV-UBT-2017-0005325) Name of Case: Kurt Wilson v. City Council of City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 19-5960 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: Agency Designated Representative: Interim City Manager Laurie Montes 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 19-5961 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYEE EVALUATION OF PERFORMANCE, DISCIPLINE, OR DISMISSAL: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney City of Stockton Page 2 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 3.4 19-5962 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 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 19-6013 SAN JOAQUIN CONTINUUM OF CARE EMERGENCY SHELTER PRESENTATION Recommended Action: PRESENTATION Jonathan Mendelson, Chair of the San Joaquin Continuum of Care, will provide an informational presentation on emergency shelter plan options currently under consideration by the San Joaquin Continuum of Care and its stakeholders. This item was added on 2019-11-01 Department: Office of the Mayor 11. CONSENT AGENDA 11.1 19-6015 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of September 24, 2019. Department: City Clerk Attachments: 2019-09-24 - Minutes for Approval City of Stockton Page 3 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.2 19-5986 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30, 2019 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended September 30, 2019. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report - 9-30-19 Attachment B - Certification of Quarterly Investment Report - 9-30-19 11.3 19-6014 ADOPT A RESOLUTION APPROVING A CITY COUNCIL POLICY FOR THE DISPLAY OF FLAGS Recommended Action: RECOMMENDATION The City Council Legislation/Environmental Committee recommends that the City Council adopt by resolution a City Council Policy for the Display of Flags. Department: City Attorney Attachments: Attachment A - AD 11.06 Flying Flags at Half Staff Proposed Resolution - Flag Display Exhibit 1 - Council Policy - Flag Display 11.4 19-5792 ADOPT RESOLUTION APPROVING EXPANSION OF WORKERS’ COMPENSATION COVERAGE PURSUANT TO AB 1749 FOR STOCKTON POLICE DEPARTMENT PEACE OFFICERS WHO ARE INJURED WHILE OFF-DUTY IN CERTAIN CIRCUMSTANCES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a Resolution to: 1. Amend current City of Stockton workers' compensation policies to State Assembly Bill 1749 for off-duty peace officers, who, while out of state, sustain injuries under certain circumstances; and 2. Expand workers' compensation coverage pursuant to Assembly Bill 1749 for the City of Stockton peace officers who are injured while off-duty in certain circumstances; and 3. Authorize City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution. Department: City Attorney Attachments: Proposed Resolution - Off-Duty Peace Officers Workers Comp Coverage 11.5 19-5899 PROFESSIONAL SERVICES CONTRACT FOR THE MAIN STREET City of Stockton Page 4 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent COMPLETE STREETS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $585,000, to prepare environmental documents and a Precise Road Plan for the Main Street Complete Streets, Project No. PW1806. 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. It is 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 Location Map Attachment B - Professional Services Contract 11.6 19-5767 AUTHORIZE THE 2018-19 SANITARY SEWER MAINTENANCE HOLE REHABILITATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE08-19 under the California Environmental Quality Act for the 2018-19 Sanitary Sewer Maintenance Hole Rehabilitation, Project No. M19005. 2. Approve the plans and specifications for the 2018-19 Sanitary Sewer Maintenance Hole Rehabilitation, Project No. M19005. 3. Award a Construction Contract in the amount of $184,247.77 to Lamassu Utility Services, Inc., of Benicia, CA, for the 2018-19 Sanitary Sewer Maintenance Hole Rehabilitation, Project No. M19005. It is 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 - 2018-19 Sanitary Sewer Maintenance Hole Rehab Prj Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12. ADMINISTRATIVE MATTERS City of Stockton Page 5 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 19-5998 ACCEPT FISCAL YEAR 2018-19 FOURTH QUARTER BUDGET STATUS UPDATE, AUTHORIZE BUDGET AMENDMENTS, AND MAKE ALLOCATIONS TO GENERAL FUND RESERVES City of Stockton Page 6 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 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 unaudited results of the fourth quarter of Fiscal Year (FY) 2018-19. 2. Authorize budget appropriation carryovers from FY 2018-19 to FY 2019-20 in the following General Fund departments and amounts: a. Fire Department for purchase of a records management system of $23,403, b. Grant Match for the Department of Homeland Security FY 2018 Assistance to Firefighters Grant of $105,400. 3. Authorize four FY 2018-19 budget amendments for the following General Fund departments: a. Police Department - increase expense appropriation by $1,070,890 for overtime expenses incurred in excess of the budget, b. Fire Department - increase expense appropriation by $382,529 for overtime expenses incurred in excess of the budget, c. Waterfront Office Towers - increase expense appropriation by $69,535 for operating expenses in excess of the budget, and d. Reduce various department budgets to reflect vacancy savings of $291,769. The $291,769 reduction to Non-departmental - Other Administration category will be allocated to the following departments: Department Amount City Clerk ($106,769) City Manager ($35,000) City Attorney ($115,000) Economic Development ($35,000) 4. Authorize a $1,060,000 transfer and associated budget appropriation from the General Fund to the Entertainment Venues Fund (086). 5. Authorize the following budget appropriations to cover FY 2018-19 overages in three other City Funds: a. $191,000 in the Separation Pay Internal Service Fund (562) from fund balance b. $182,000 in the Golf Fund (481) from fund balance c. $551,000 in the Entertainment Venue Fund (086) from above General Fund transfer 6. Authorize the following MUD project appropriations from Wastewater fund balance to cover FY 2018-19 project overages: a. $347,117 in CIP Project M15006 MUD Cogen HVAC and Reroofing City of Stockton Page 7 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent b. $1,275 in CIP Project M15007 MUD Maintenance Building and HVAC c. $5,363 in CIP Project M15008 Belt Press, Building, HVAC, Roof d. $2,799 in CIP Project M15013 MUD Digester Building Reroof 7. Authorize an adjustment to eliminate a $500,000 loan payable in the Workers Compensation Fund (551) and a $500,000 loan receivable in the RDA Successor Agency Fund (633). 8. Allocate available fund balance to reserve categories consistent with the Council Reserve and Fund Balance Policy - General Fund Policy. The net increase in fund balance will be added to the current reserve levels, as displayed in Table 4, to achieve the total reserve amounts as follows: Priority 1 Reserves Working Capital $38,378,000 Known Contingency $44,037,000 Priority 2 Reserves Risk-Based Reserves $4,983,000 9. Amend the FY 2019-20 Budget to increase the General Fund Public Works Department budget by $60,000 for maintenance of alleyways. 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 2018-19 GF Quarterly Budget Update Attachment B - FY 2018-19 General Fund Revenue Summary Attachment C - Year-End Results Other Major Fund Summary Proposed Resolution - FY 18-19 4th Quarter Budget Update 14.2 19-6021 ISSUANCE AND SALE OF STOCKTON PUBLIC FINANCING AUTHORITY WATER REVENUE REFUNDING BONDS, DESIGNATED AS “SERIES 2019,” IN AN AMOUNT NOT TO EXCEED $62,000,000 City of Stockton Page 8 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Staff recommends the City of Stockton and the Stockton Public Financing Authority authorize the issuance and sale of bonds in a principal amount not-to-exceed $62,000,000 to refund the Series 2010A ("Series 2010A") in the outstanding principal amount of $52,645,000 to achieve savings. Resolution of the City of Stockton: This resolution authorizes the form of and the execution and delivery of one or more 2019 Installment Purchase Contracts, one or more Bond Purchase Contracts, a Continuing Disclosure Certificate, and an Official Statement relating to an installment purchase refinancing; and approving specific actions in connection therewith. Resolution of the Stockton Public Financing Authority: This resolution authorizes the issuance and sale of Stockton Public Financing Authority Water Revenue Refunding Bonds designated as "Series 2019" in an aggregate principal amount not to exceed $62,000,000; approves the form of and authorizes the execution and delivery of one or more 2019 indentures, one or more 2019 Installment Purchase Contracts, one or more a Bond Purchase Contracts, and an Official Statement relating to an Installment purchase refinancing; and approving specific actions in connection therewith. Staff recommends that Council approve a Water Utility Fund FY 2019-20 appropriation up to $1.08 million for costs related to the issuance. It is also recommended that Council approve the execution of all documents and other actions related to the issuance of the new Series 2018 bonds (Attachment A) and that the City Manager or designee be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions. Department: Administrative Services Attachments: Attachment A - Description of Documents Being Approved and Terms Used Attachment B - Good Faith Estimate Proposed Resolution 1 - City of Stockton Proposed Resolution 2 - Stockton Public Financing Authority Exhibit 1 to Resolution 1 and 2 - 2019 Indenture Exhibit 2 to Resolution 1 and 2 - 2019 Installment Purchase Contract Exhibit 3 to Resolution 1 and 2 - Bond Purchase Agreement Exhibit 4 to Resolution 1 and 2 - Preliminary Official Statement 14.3 19-6008 ADOPT AN ORDINANCE TO IMPLEMENT NEW FRANCHISE AGREEMENTS FOR SOLID WASTE SERVICES, AN ORDINANCE TO EXPAND OWNER-ONLY UTILITY BILLING AND A RESOLUTION TO APPROVE A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT City of Stockton Page 9 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an ordinance granting USA Waste of California, Inc. and Sunrise Sanitation, Inc. 10-year franchise agreements to provide solid waste, organics, and recyclables collection and street sweeping services within the City of Stockton. 2. The City Manager is authorized to make minor amendments or modifications to the Agreements. Such modifications shall be of a non-substantive nature and shall be for the purpose of conforming the Agreements to express the intention of the parties and to implementing the intent of the City Council in granting this franchise. 3. Adopt an ordinance to expand owner-only billing for utilities citywide. The recommended ordinance would require the record owners of properties located in the City of Stockton to be the account holder for these services. 4. Adopt a resolution to approve Notice of Exemption No. NOE44-19 under the California Environmental Quality Act for recycling, organics, and solid waste collection, processing, and disposal services. It is 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 - New or Enhanced Services Attachment B - SB 1383 Mandated Requirements Attachment C - Amendment to ISWEBE Plan aka Trash Amendments Attachment D - Rate Comparison Table Attachment E - Map of Expanded Downtown Street Sweeping Area Attachment F - Proposed Ordinance - Citywide Owner Only Billing - Redline Proposed Resolution - Solid Waste Notice of Exemption Exhibit 1 to Resolution - Notice of Exemption Proposed Ordinance - Granting Solid Waste Franchises Exhibit 1 to Ordinance - Garbage Service Area Map Exhibit 2 to Ordinance - Proposed Rate Schedule Proposed Ordinance - Citywide Owner Only Billing 15. HEARINGS** 15.1 19-5843 APPROVE THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2020 DEVELOPMENT FEE SCHEDULE City of Stockton Page 10 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 2020 development fee schedule. Department: Community Development Attachments: Proposed Resolution - Fee Schedule 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 19-5989 MEASURE A CITIZENS’ ADVISORY COMMITTEE ADOPTED ANNUAL REPORT FOR FISCAL YEAR 2017-18 Recommended Action: RECOMMENDATION This item is an informational item submitting the Measure A Citizens' Advisory Committee Report for Fiscal Year 2017-18. Department: Administrative Services Attachments: Attachment A - Measure A FY 2017-18 Annual Report 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, 2019 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 11 Printed on 11/1/2019 City Council/Successor Agency to Meeting Agenda - - Revised November 5, 2019 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. **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. ***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. 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 11/1/2019