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, February 4, 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 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-6260 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 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) 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 Note: This item was added to the agenda 2020-01-30 3.2 20-6261 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 20-6262 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 3.4 20-6263 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 City of Stockton Page 2 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 20-6213 ACCEPT FISCAL YEAR 2019-20 FIRST QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS 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 first quarter of Fiscal Year (FY) 2019-20. 2. Authorize budget appropriation for revenue audit services in the amount of $595,000 from additional revenue received. 3. Re-allocate capital project appropriation balance between two Community Service Department facility projects. It is 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 2019-20 General Fund Quarterly Budget Update Proposed Resolution - First Quarter Budget Update 11.2 19-6157 AUTHORIZE EXECUTION OF A COOPERATIVE AGREEMENT WITH SERVICE FIRST OF NORTHERN CALIFORNIA FOR THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING UNDER THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM City of Stockton Page 3 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 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 and authorize the execution of a Cooperative Agreement with Service First of Northern CA for the submission of a joint application to the California Strategic Growth Council for grant funding under the Affordable Housing and Sustainable Communities Program for The Hunter House project. 2. If awarded, approve and authorize the execution of two separate State of California Standard Agreements with Service First of Northern California and the California Department of Housing and Community Development for loan funding as specified in the resolution. 3. If awarded, approve and authorize the execution of a joint Disbursement Agreement for grant funding under the Affordable Housing and Sustainable Communities Program for the Hunter House project. 4. If awarded, authorize the execution of a Project Funding, Project Completion, and Indemnification Agreement with Service First of Northern California for loan and grant funding under the Affordable Housing and Sustainable Communities Program for The Hunter House project. It is further recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - Hunter House Agreement Exhibit 1 - Hunter House Cooperative Agreement 11.3 19-6159 AUTHORIZE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM GRANT APPLICATION AND COOPERATIVE AGREEMENT WITH MUTUAL HOUSING CALIFORNIA AND APSARA City of Stockton Page 4 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 2020 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 and authorize the execution of a Cooperative Agreement with Mutual Housing California and APSARA for the submission of a joint application to the California Strategic Growth Council for grant funding under the Affordable Housing and Sustainable Communities Program for the Park Village Apartments project. 2. It is further recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - Park Village Agreement Exhibit 1 - Park Village Cooperative Agreement 11.4 19-6146 APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH RICHARD’S PUMPING AND EXCAVATING, INC. FOR CITRIC ACID WASTE HAULING AT THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving a Professional Services Agreement with Richard's Pumping and Excavating, Inc. of Stockton in the amount of $400,000 for citric acid waste hauling for the Delta Water Treatment Plant for a five-year term. 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: Municipal Utilities Attachments: Attachment A - Citric Waste Disposal Bid Proposed Resolution - Richards Pumping and Excavating Inc. Exhibit 1 - Agreement - Richards Pumping and Excavating Inc. 11.5 19-6156 MOTION TO AUTHORIZE THE SUBMITTAL OF PROJECTS TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR “ONE VOICE” PROJECT PRIORITIES FOR FEDERAL FISCAL YEAR 2019-20 City of Stockton Page 5 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 2020 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 submittal of three projects to the San Joaquin Council of Governments for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C. 2. Authorize associated agreements and undertake actions to accept and receive the funding in the event that the funding requests are successful, including any future amendments. 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 11.6 19-6064 AUTHORIZE THE MARCH LANE/EAST BAY MUD BICYCLE AND PEDESTRIAN PATH CONNECTIVITY IMPROVEMENTS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to approve the Notice of Exemption No. NOE42-19 under the California Environmental Quality Act for the March Lane/East Bay MUD Bicycle and Pedestrian Path Connectivity Improvements, Project No. PW1722/Federal Project No. CML-5008(179). 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 - March Lane-East Bay Mud Bicycle and Pedestrian Path Exhibit 1 - Notice of Exemption 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 19-6149 RESOLUTION TO AUTHORIZE AN APPLICATION FOR A TRANSFORMATIVE CLIMATE COMMUNITIES IMPLEMENTATION GRANT City of Stockton Page 6 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Authorize the City Manager to apply for a Transformative Climate Communities Implementation Grant in the amount of $28,200,000 and execute all related documents; 2. Approve the list of community-based organizations and local public entities that volunteered to be Co-Applicants and sub-recipients of Implementation Grant funds, and; 3. Approve the use of the Miner Avenue Complete Streets project funds to satisfy the leveraging requirement of the grant. 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: City Manager Attachments: Attachment A - TCC Program Round 3 Application Proposed Resolution - TCC Implementation Grant 15. HEARINGS** 15.1 19-6153 PUBLIC HEARING TO CONSIDER A CHANGE TO RATE AND METHOD FOR IMPROVEMENT AREA NO. 1 AND 2 AND ADJUSTING IMPROVEMENT AREA BOUNDARIES FOR COMMUNITY FACILITIES DISTRICT 2018-2 AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN Recommended Action: RECOMMENDATION At the end of the public hearing it is recommended that the City Council take the following actions: 1. Approve a resolution for City of Stockton Community Facilities District 2018-2 (Westlake Villages II) (the "District"), ordering a change to the Rate and Method for Improvement Area No. 1 and 2 and adjusting boundaries between improvement areas in the District. 2. 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: Administrative Services City of Stockton Page 7 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Proposed Resolution - Change Westlake II RMA and Areas 1 and 2 Boundaries Exhibit 1 - Westlake Villages II RMA - IA1 Exhibit 2 - Westlake Villages II RMA - IA2 Exhibit 3 - Revised Map - CFD 2018-2 Westlake Villages II - IA1 and IA2 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 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 30, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 8 Printed on 1/30/2020 City Council/Successor Agency to Meeting Agenda - - Revised February 4, 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 9 Printed on 1/30/2020