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, January 14, 2020 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM :: Regular Session 5:30 PM The agenda was amended to update the note on Agenda Item 14.2. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 19-6166 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Ten 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, City of Stockton Page 1 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Redevelopment Agency, et al. (United States District Court, Eastern District Case No. 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: 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) Name of Case: Miguel Morales, Jr. (Workers’ Compensation Appeals Board Case Nos. ADJ11389915, ADJ11389748, and ADJ11389673) Name of Case: Aaron Rose (Workers’ Compensation Appeals Board Case Nos. ADJ11445804 and ADJ4115101) Name of Case: Jay Scoffield (Workers’ Compensation Appeals Board Case No. ADJ9381878) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 19-6167 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 City of Stockton Page 2 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 3.3 19-6168 PUBLIC EMPLOYEE APPOINTMENT: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 19-6169 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 19-6170 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 19-6120 ORDINANCE TO AMEND TITLE 5, CHAPTER 5.12, SECTION 5.12.010; RELATED TO BUSINESS LICENSE EXEMPTIONS City of Stockton Page 3 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an ordinance to amend the Stockton Municipal Code (SMC), Title 5, Chapter 5.12, Section 5.12.010, related to the Business License Exemptions to conform to changes in state law. 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 ordinance. Department: Administrative Services Attachments: Attachment A - Amendment to SMC 5.12 - Redline Attachment B - Business License Exempt Form Proposed Ordinance - Amending Section 5.12.010 11.2 19-6158 ORDINANCE TO AMEND CHAPTERS 8.04, 13.04, 13.12, AND 13.16 OF THE STOCKTON MUNICIPAL CODE TO AMEND THE PERIOD OF DELINQUENCY FOR CITY WATER CUSTOMER ACCOUNTS CONSISTENT WITH STATE LAW Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an ordinance to amend the Stockton Municipal Code (SMC), Chapters 8.04, 13.04, 13.12, and 13.16, related to the delinquency period for City of Stockton water customer accounts, and 2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this ordinance. Department: Administrative Services Attachments: Attachment A - Proposed Ordinance - SB 998 Compliance - Redline Proposed Ordinance - SB 998 Compliance 11.3 19-6176 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of September 17, 2019, November 5, 2019, and November 19, 2019. Department: City Clerk Attachments: Attachment A - 2019-09-17 Minutes for Approval Attachment B - 2019-11-05 Minutes for Approval Attachment C - 2019-11-19 Minutes for Approval 11.4 19-6147 APPROVE A MOTION AUTHORIZING A SECOND AMENDMENT WITH YMCA OF SAN JOAQUIN FOR THE MANAGEMENT AND City of Stockton Page 4 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent OPERATION OF OAK, BROOKING, SOUSA, AND HOLIDAY PARK POOLS Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion authorizing a Second Amendment with YMCA of San Joaquin for the management and operation of Oak, Brooking, Sousa, and Holiday Park pools and authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Community Services Attachments: Attachment A - 2017 Aquatics and Facilities Management Agreement Attachment B - 1st Amendment - 2017 Agreement Attachment C - 2nd Amendment - 2017 Agreement 11.5 19-6093 ADOPT RESOLUTION TO APPROVE A RECOGNIZED OBLIGATION PAYMENT SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") adopt a resolution: 1. Approving the Recognized Obligation Payment Schedule for the period of July 1, 2020, through June 30, 2021, (Exhibit 1 to the Resolution) as required under Health and Safety Code section 34177 (o). 2. Authorizing the Executive Director to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution No. 11-0251 Attachment B - City Loans - Letter Proposed Resolution - FY20-21 ROPS Exhibit 1 - FY20-21 ROPS 11.6 19-6096 APPROVE LEASE AMENDMENT WITH CSAA INSURANCE EXCHANGE AT 509 WEST WEBER AVENUE City of Stockton Page 5 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) Approve a Lease Amendment to the lease with CSAA Insurance Exchange for office space in the Waterfront Towers (509 West Weber Avenue); and 2) Authorize the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - CSAA Current Lease Proposed Resolution - CSAA Lease Amendment Exhibit 1 - Lease amendment - CSAA 11.7 19-6137 ADOPT AN AMENDMENT TO TITLE 8 OF THE STOCKTON MUNICIPAL CODE RELATED TO FIREWORKS Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt three amendments to Stockton Municipal Code (SMC), Title 8, Chapter 8.92, Sections 8.92.010; 8.92.040; and 8.92.070 in accordance with the facts detailed herein; and 2. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of this Ordinance. Department: Fire Attachments: Attachment A - Proposed Ordinance Amendment - Fireworks - Redline Proposed Ordinance - Amendment to Title 8 - Fireworks 11.8 19-6092 COOPERATION AGREEMENT BETWEEN THE CITY OF STOCKTON, THE CITY OF LODI AND WOODBRIDGE IRRIGATION DISTRICT, TO JOINTLY MANAGE GROUNDWATER RESOURCES City of Stockton Page 6 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council, acting through its Groundwater Sustainability Agency, approve a resolution to: 1. Authorize a Cooperation Agreement between the City of Stockton, the City of Lodi and Woodbridge Irrigation District to jointly manage groundwater resources within the Eastern San Joaquin Subbasin. 2. Allow the Municipal Utilities Department (MUD) to work in collaboration with the City of Lodi and Woodbridge Irrigation District to implement the projects and programs developed in the Groundwater Sustainability Plan (GSP) to comply with the Sustainable Groundwater Management Act (SGMA). It is recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution - Groundwater Resources Joint Mgmt Exhibit 1 - Cooperation Agreement - Groundwater Resources 11.9 19-5984 APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR AUTOMATIC DOOR, OVERHEAD DOOR, AND GATE ON-CALL REPAIR SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a five-year Service Contract not to exceed a total of $586,250 ($117,250 per year estimated) to R&S Erection Tri-County, Inc. of Modesto, CA, for Automatic Door, Overhead Door, and Gate On-Call Repair Services, Project No. OM-19-034. 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 - Service Contract - R&S Erection 11.10 19-6077 AUTHORIZE STREETLIGHT REPLACEMENTS THROUGH THE STREETLIGHT KNOCKDOWNS PHASE 4 PROJECT City of Stockton Page 7 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE39-19 under the California Environmental Quality Act for the Streetlight Knockdowns Phase 4, Project No. OM-20-025. 2. Approve the plans and specifications for the Streetlight Knockdowns Phase 4, Project No. OM-20-025. 3. Award a Construction Contract in the amount of $150,051 to PTM General Engineering Services, Inc. of Riverside, CA, for the Streetlight Knockdowns Phase 4, Project No. OM-20-025. 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 - Streetlight Knockdown Replacement Exhibit 1 - NOE39-19 Exhibit 2 - Construction Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 19-6151 ACCEPT THE STOCKTON ARTS COMMISSION 2019 ANNUAL REPORT AND 2019-22 STRATEGIC PLAN Recommended Action: Recommendation It is recommended that the City Council accept by Motion the Stockton Arts Commission 2019 Annual Report and 2019-2022 Strategic Plan. Department: Community Services Attachments: Attachment A - Stockton Arts Commission Annual Report Attachment B - Stockton Arts Commission Strategic Plan 14.2 20-6198 APPOINTMENT OF CITY MANAGER City of Stockton Page 8 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution appointing a City Manager for the City of Stockton and authorizing the Mayor, on behalf of the City Council, to enter into an agreement setting forth the terms and conditions of employment. Note: Materials will be distributed following the Closed Session meeting January 14, 2020. Department: City Manager 15. HEARINGS** 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1. 19-6181 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: CIty Clerk Attachments: Measure A Citizens' Advisory Committee 2019-06-05 Planning Commission 2019-08-22 Mayor's Task Force on Affordable and Workforce Housing 2019-08-28 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 January 13, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 9 Printed on 1/13/2020 City Council/Successor Agency to Meeting Agenda - - Revised January 14, 2020 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 10 Printed on 1/13/2020