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 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, December 17, 2019 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM - CANCELLED :: 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 19-6106 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Nine 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 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 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: Juan Francisco Martinez v. County of Los Angeles, et al. (United States District Court, Eastern District Case No. 2:18-cv-00964-TLN-AC) 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 19-6107 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 19-6108 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYEE EVALUATION OF PERFORMANCE, DISCIPLINE, OR DISMISSAL: City of Stockton Page 2 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 19-6109 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 19-6110 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: One Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(c). 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 11. CONSENT AGENDA 11.1 19-6040 INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES OF MEASURES A AND B REVENUES AND EXPENDITURES FOR YEAR ENDED JUNE 30, 2019 City of Stockton Page 3 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Independent Accountant's Report on Applying Agreed-Upon Procedures of Measures A and B Revenues and Expenditures for the Year Ended June 30, 2019. Department: Administrative Services Attachments: Attachment A - Measure A Independent Accountants Report FY 18-19 11.2 19-6041 REPORT ON COMPLIANCE WITH THE PROPOSITION 111 APPROPRIATION LIMIT (GANN LIMIT), THE CORE REVENUES REPORT, THE MEASURE M STRONG COMMUNITIES TAX FUND AUDIT, AND THE MEASURE W PUBLIC SAFETY TAX FUND AUDIT FOR THE YEAR ENDED JUNE 30, 2019 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Report on Compliance with the Proposition 111 Appropriation Limit (Gann Limit), the Report of Agreed-Upon Procedures Applied to Core Revenues, the Measure M Strong Communities Tax Fund Audit, and the Measure W Public Safety Tax Fund Audit, for the year ended June 30, 2019. Department: Administrative Services Attachments: Attachment A - 2019 Proposition 111 Appropriation Limit - GANN Limit Attachment B - 2019 Report of Agreed Upon Procedures - Core Revenues Attachment C - 2019 Measure M Strong Communities Tax Fund Audit Attachment D - 2019 Measure W Public Safety Tax Fund Audit 11.3 19-6071 PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEAR 2018-19 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Public Facilities Fee Program Annual Reports for Fiscal Year 2018-19 (Attachment A) to comply with State reporting requirements. 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: Administrative Services Attachments: Attachment A - PFF Annual Financial Report FY19 11.4 19-6143 CONSOLIDATION OF THE 2020 PRIMARY AND GENERAL MUNICIPAL ELECTIONS City of Stockton Page 4 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that Council adopt a resolution authorizing the following actions: 1. Authorize the City Clerk to call for and consolidate the March 3, 2020, primary municipal election and the November 3, 2020, general municipal election with the respective statewide direct primary and general elections; 2. Adopt a fee, as set by the San Joaquin Registrar of Voters, for the printing and handling of the Candidate's Statement of Qualifications; 3. Adopt the deadlines for filing of any direct arguments and rebuttal arguments as set by the San Joaquin Registrar of Voters, which deadlines shall coincide with the City Clerk's Office posted hours of operation for both the primary and general elections; 4. Authorizing the San Joaquin County Registrar of Voters to conduct the elections on behalf of the City of Stockton. Department: City Clerk Attachments: Proposed Resolution - Ordering Consolidated Elections.doc 11.5 19-6009 2019 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion accepting the 2019 Annual Progress Report to confirm the 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 Attachment D - 2019 Annual Progress Report 11.6 19-6011 INCREASE COMMUNITY DEVELOPMENT DEPARTMENT POSITIONS TO ADDRESS COUNCIL PRIORITIES AND AMEND THE FISCAL YEAR 2019-20 ANNUAL BUDGET City of Stockton Page 5 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 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. Allocate five new Community Development positions; and 2. Appropriate $411,000 in the Fiscal Year 2019-20 annual budget from Fund 048-Community Development Fund balance; and It is recommended that the resolution authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Community Development Attachments: Proposed Resolution - Community Development Positions 11.7 19-6126 AMEND THE PROFESSIONAL SERVICES MASTER AGREEMENT FOR ON-CALL PLANNING CONSULTING SERVICES WITH LAND LOGISTICS AND APPROVE FINDINGS FOR AN EXCEPTION TO THE COMPETITIVE BIDDING REQUIREMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Amendment No. 1 to Professional Services Contract with Land Logistics for on-call strategic planning consultant services to increase the maximum compensation by $60,000, for a revised total amount not to exceed $101,692.50; 2. Approve findings that support an exception to the competitive bidding requirement pursuant to Stockton Municipal Code 3.68.070; and 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: Community Development Attachments: Attachment A - 2018 Professional Services Contract Attachment B - 2019 Professional Services Contract Attachment C - Permit Activity and Forecast Proposed Resolution - Land Logistics Amendment Exhibit 1 - Standard Agreement Amendment No. 1 11.8 19-5995 AUTHORIZE A CONTRACT WITH INDIGO | HAMMOND + PLAYLE ARCHITECTS, LLP, FOR PHASE II, ARCHITECTURAL DESIGN AND ENGINEERING/CONSTRUCTION DRAWINGS FOR TENANT IMPROVEMENTS TO THE WATERFRONT TOWERS FOR THE RELOCATION OF CITY HALL City of Stockton Page 6 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to: 1) Approve the findings and the execution of a contract with Indigo | Hammond + Playle Architects, LLP, in the amount of $1,392,900 for Phase II, architectural design and engineering/construction drawings for tenant improvements to the Waterfront Towers for the relocation of City Hall; and 2) Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Economic Development Attachments: Attachment A - Resolution - 2018-10-16-1105 Attachment B - Professional Services Areement - Indigo 11.9 19-6122 ACCEPT AMENDMENT NO. 2 TO THE GALLAGHER BENEFIT SERVICES, INC. AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Accept Amendment No. 2 to the Gallagher Benefit Services, Inc. Agreement to extend Employee Navigator through 10/1/2020 for $60,000; and 2. Modify the original scope to incorporate the Employee Navigator as professional services under the Agreement, which shall be included in the extension if the option is exercised. It is also recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Human Resources Attachments: Attachment A – Gallagher Benefits Services, Inc. Agreement Attachment B – Amendment 1 - Gallagher Employee Navigator Attachment C – Amendment 2 - Gallagher Employee Navigator 11.10 19-6072 APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT WITH FORENSIC TECHNOLOGY, INC. IN AN AMOUNT NOT TO EXCEED $92,695 City of Stockton Page 7 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute a three-year agreement with Forensic Technology, Inc. for its SafeGuard Warranty and Protection Plan, in an amount not to exceed $92,695. 2. Approve findings pursuant to the Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 3. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion. Department: Police Attachments: Attachment A - Forensic Technology Inc. Agreement 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 19-6039 INDEPENDENT AUDIT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2019, AND APPROVE A RESOLUTION AUTHORIZING A DEPOSIT INTO THE CITY OF STOCKTON PUBLIC AGENCY POST EMPLOYMENT BENEFITS TRUST Recommended Action: RECOMMENDATION It is recommended the City Council accept by motion the independent audit of the Comprehensive Annual Financial Report for the year ended June 30, 2019, and approve a resolution authorizing a remittance to Public Agency Retirement Services (PARS) for deposit to the City of Stockton Public Agency Post Employment Benefits Trust (Trust). Department: Administrative Services Attachments: Attachment A - FY 2018-19 CAFR Proposed Resolution - PARS Trust Deposit December 2019 14.2 19-6142 CONSIDERATION OF APPOINTMENT OF CITY COUNCILMEMBER City of Stockton Page 8 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council receive the City Clerk Certification that there are not more candidates than offices to be elected, and; Consider adoption of a Resolution to appoint incumbent Susan H. Lenz and removing District 4 from the ballot in the Primary and General Municipal Elections. Department: City Clerk Attachments: Attachment A - District 4 Insufficient Candidates Publication Proposed Resolution - Appointment of Councilmember 15. HEARINGS** 15.1 19-6034 ISSUANCE AND SALE OF STOCKTON PARKING AUTHORITY REVENUE BONDS, DESIGNATED AS “SERIES 2020,” IN AN AMOUNT NOT TO EXCEED $30,000,000 TO REFUND THE INSTALLMENT SALE AGREEMENT, PARKING GARAGES AND DOWNTOWN PARKING DISTRICT FACILITIES (THE “2015 AGREEMENT”) AND TO FURTHER FINANCE CAPITAL IMPROVEMENTS OF THE PARKING SYSTEM City of Stockton Page 9 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Staff recommends the Stockton Parking Authority authorize the issuance and sale of revenue bonds in a principal amount not-to-exceed $30,000,000 to refund the 2015 Agreement in the outstanding principal amount of $25,602,063. Resolution of the Stockton Public Financing Authority: This Resolution authorizes the issuance and sale of Parking Authority Revenue Bonds, Series 2020 in an aggregate principal amount not to exceed $30,000,000; approving the form of an Indenture, an Installment Purchase Agreement, a Bond Purchase Agreement, a Preliminary Official Statement and an Associate Membership Agreement; and authorizing the taking of certain actions in connection therewith. Resolution of the Stockton Parking Authority: This resolution approves an Indenture, an Installment Purchase Agreement, a Continuing Disclosure Certificate, a Bond Purchase Agreement, a Preliminary Official Statement, a CFD Revenues Assignment Agreement and an Associate Membership Agreement; and authorizing the taking of certain actions in connection with the prepayment of the 2015 Installment Sale Agreement and the issuance by the Stockton Public Financing Authority of its Parking Revenue Bonds, Series 2020 in the aggregate principal amount not to exceed $30,000,000. Resolution of the City Council of the City of Stockton: This Resolution approves the assignment of the special tax revenues of Community Facilities District No. 2001-1 (Downtown Parking) to the Parking Authority of the City of Stockton and a CFD Revenues Assignment Agreement; and authorizes the taking of certain actions in connection with respect therewith. It is recommended that the three resolutions authorize Authorized Officers as specified to take any necessary and appropriate actions to carry out the purpose and intent of the resolutions. Department: Administrative Services City of Stockton Page 10 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Description of Documents and Terms Used Attachment B - Good Faith Estimates Proposed Resolution 1 - 2020 Parking Revenue Bonds Proposed Resolution 2 - 2020 Parking Revenue Bonds Exhibit 1 to Proposed Resos 1 and 2 - Indenture Exhibit 2 to Proposed Resos 1 and 2 - Installment Purchase Agreement Exhibit 3 to Proposed Resos 1 and 2 - Bond Purchase Agreement Exhibit 4 to Proposed Resos 1 and 2 - Preliminary Official Statement Exhibit 5 to Proposed Resos 1 and 2 - Associate Membership Agreement Exhibit 6 to Proposed Resos 1 and 2 - Continuing Disclosure Certificate Exhibit 7 to Proposed Reso 2 - Assignment Agreement - CFD Revenues Proposed Resolution 3 - City Council - CFD Assignment Agreement Exhibit 1 to Proposed Reso 3 - Assignment Agreement 15.2 19-6098 TEFRA PUBLIC HEARING FOR THE GRAND VIEW VILLAGE APARTMENTS LOCATED AT 228, 240 AND 250 N. HUNTER STREET AND 241 N. SAN JOAQUIN STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the issuance of multifamily housing revenue bonds by the California Municipal Finance Authority for the benefit of VCOR Limited Partnership, a California limited partnership, to provide for the financing of the Grand View Village Apartments project in an amount not to exceed $32,000,000, for the acquisition, construction, improvement and equipping of 75-unit rental housing facility for low-income households, to be located in Stockton at 228, 240 and 250 N. Hunter Street, and 241 N. San Joaquin Street. Note: The bonds will not be a debt of the City, nor will they obligate the City in any way. 2. Authorize the City Manager, or 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 - Grand View Village 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA City of Stockton Page 11 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 19-6128 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2020 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 Attachments: 2020 Local Appointment List - Maddy Act 2 19-6129 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Salary Setting Commission 2018-03-21 Climate Action Plan Advisory Committtee 2018-09-20 Council Water Committe 2019-03-12 Council Water Committe 2019-04-11 Council Water Committe 2019-09-12 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 December 12, 2019 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 12/16/2019 City Council/Successor Agency to Meeting Agenda - Final December 17, 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 13 Printed on 12/16/2019