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, May 19, 2020 4:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:30 PM :: Regular Session 5:30 PM During this time of local health concerns, the City of Stockton is following the guidelines as stated by the State of California Executive Order N-29-20 and N-33-20. Due to these concerns, public comment(s) are temporarily limited to electronic participation. 1. You are strongly encouraged to observe the live stream of the City Council meetings at http://www.stocktongov.com/government/oMeetings/councilMeetings.html or cable TV Channel 97. 2. eComment - click https://stockton.granicusideas.com/meetings to submit eComment(s) prior to, and during, the meeting. New users, follow the instructions to create an account. Note: eComments during the meeting, click the "Past" tab. 3. If you wish to make a comment after the meeting has begun, please submit your comment via email to the City Clerk at City.Clerk@stocktonca.gov or call (209) 937-8459. Your comment will be shared with the City Council and placed into the record at the City Council meeting. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-6575 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. City of Stockton Page 1 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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. CIV.S-02-0065 LKK JFM) Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 20-6577 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: Agency Designated Representative: City Manager Harry Black 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 20-6579 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 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 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 3.4 20-6581 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 11. CONSENT AGENDA 11.1 20-6543 RATIFYING THE SAN JOAQUIN COUNCIL OF GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2020-21 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to ratify the San Joaquin Council of Governments' Annual Financial Plan for Fiscal Year 2020-21. Department: City Manager Attachments: Attachment A - SJCOG FY2020-21 Annual Financial Plan 11.2 20-6525 ACCEPT THE STATE OF CALIFORNIA, OFFICE OF THE GOVERNOR’S OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT CANNABIS EQUITY ACT GRANT City of Stockton Page 3 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution authorizing: 1. The acceptance of the State of California, Office of the Governor's Office of Business and Economic Development's Cannabis Equity Act Grant award in the amount of $60,000: and 2. The City Manager to execute the agreement for the grant program and any related documents necessary to participate in the Cannabis Equity Grant Program; and 3. The City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Community Development Attachments: Proposed Resolution - Cannabis Equity Grant 11.3 20-6451 AWARD AGREEMENT TO TABLE COMMUNITY FOUNDATION FOR MANAGEMENT AND OPERATIONS OF THE MERLO GYMNASIUM 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(A)(3) in support of an exception to the competitive bidding process. 2. Award a five-year agreement between the City of Stockton and Table Community Foundation for the management and operation of Merlo Gym. 3. It is further recommended that the City Manager be authorized to take all necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Community Services Attachments: Attachment A - Merlo Agreement 2020 11.4 20-6559 ADOPT A RESOLUTION ACCEPTING HOMELESS HOUSING ASSISTANCE PREVENTION PROGRAM (HHAP) GRANT AWARD AND TO APPROPRIATE THE GRANT FUNDING FROM THE STATE HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC) AND THE BUSINESS, CONSUMER SERVICES, AND HOUSING AGENCY (BCSH) City of Stockton Page 4 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 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 accept the BCSH HHAP funding allocation of $6,460,265.43 in Homeless Housing funding; 2. Approve and authorize the execution of the HHAP Standard Agreement with BCSH accepting grant funding; 3. Authorize the appropriation of grant funds and associated expenditures; and 4. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Resolution 2019-08-20-1404 Proposed Resolution - HHAP Agreement Exhibit 1 - Standard Agreement - HHAP 11.5 20-6572 MEMORANDA OF UNDERSTANDING WITH THE STOCKTON POLICE OFFICERS’ ASSOCIATION UNIT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the approval of the Stockton Police Officers' Association Memoranda of Understanding effective July 1, 2019 through June 30, 2022; and 2. Authorizing the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of this successor MOU. Department: Marisa Guerrero Attachments: Attachment A - SPOA MOU - redline version Proposed Resolution Exhibit 1 - SPOA MOU Exhibit 2 - Budget Amendment 11.6 20-6353 PROFESSIONAL SERVICES CONTRACT FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT PROJECT City of Stockton Page 5 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 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. Award a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $111,700, for design of the Alexandria and Five Mile Slough Culvert Replacement, Project No. PW1918. 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 Map Attachment B - Professional Services Contract 11.7 20-6635 REMOVAL OF WES SWANSON FROM THE CULTURAL HERITAGE BOARD FOR VIOLATION OF CITY OF STOCKTON HR:15 - DISCRIMINATION AND HARASSMENT POLICY AND HR:64 - WORKPLACE VIOLENCE CRISIS MANAGEMENT POLICY Department: City Attorney Note: This item was added 2020-05-15 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 20-6629 ORDINANCE OF THE CITY OF STOCKTON EXTENDING AND AMENDING A TEMPORARY MORATORIUM ON RESIDENTIAL TENANT EVICTIONS City of Stockton Page 6 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an extension and amendment to Ordinance 2020-03-17-0302-02, which would: (a) Extend the residential tenant eviction moratorium until 90 days after the Governor lifts the state of emergency regarding COVID-19, (b) Eliminate evictions through unlawful detainer and for all causes except for those who pose an immediate threat of health or safety to other occupants, (c) Allow up to 12 months for repayment after the state of emergency is lifted, while prohibiting late fees, interest, and penalties accrued during the emergency, and (d) Eliminate the requirement of notification to the landlord and proof of excuse through documentation. Department: Office of the Mayor Attachments: Temporary Moratorium on Residential Tenant Evictions Temporary Moratorium on Residential Tenant Evictions - redlined Note: Materials added on 2020-05-15 14.2 20-6631 RESOLUTION OF THE CITY OF STOCKTON URGING THE CALIFORNIA STATE LEGISLATURE AND THE GOVERNOR TO OVERTURN SB 872 IN ORDER TO GIVE CALIFORNIA CITIES BACK THE RIGHT TO IMPROVE PUBLIC HEALTH AND RAISE REVENUE BY DISINCENTIVIZING CONSUMPTION OF SODA AND OTHER SUGARY BEVERAGES Recommended Action: RECOMMENDATION Agendized at the request of the TOLA Organizing Academy and in response to the COVID-19 pandemic and its related economic impact to cities. Department: Office of the Mayor Attachments: Memo to Mayor and CC - SSB ordinance 5-8-2020 Stockton - SSB daft res May 2020 Stockton Report__TOLA Note: Materials added on 2020-05-15 15. HEARINGS** 15.1 20-6452 HOLD PUBLIC HEARING TO APPROVE THE ANNUAL BUDGET AND ASSESSMENT ROLLS FOR THE 2020-21 HOLIDAY PARK MAINTENANCE DISTRICT City of Stockton Page 7 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION This scheduled public hearing is being held to consider public comments and testimony regarding the Holiday Park Maintenance District 2020-21 proposed Assessment budget and the levy of assessments. At the conclusion of the public hearing, if a majority protest does not exist, it is recommended that the City Council adopt a resolution to: 1. Overruling any and all public hearing protests. 2. Approve the Annual Budget for Holiday Park Budget for FY2020-21. 3. Confirm and approve the assessment of $46,598 for the Holiday Park Maintenance District for FY2020-21. 4. Authorize the City of Stockton Chief Financial Officer to assess those parcels within the assessment district. 5. Certify the assessments meet the requirements pertaining to the levy of annual assessments. 6. Authorize a subsidy of the amount of $12,902 from the Strong Communities Fund (083) to continue operations and maintenance of the facility. 7. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of the resolution. Department: Community Services Attachments: Attachment A - Holiday Park Annual Budget Attachment B - Holiday Park Assessment Map Proposed Resolution - Holiday Park Assessment 15.2 20-6550 TEFRA PUBLIC HEARING FOR PLYMOUTH PLACE APARTMENTS LOCATED AT 1320 NORTH MONROE STREET City of Stockton Page 8 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 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. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Code"). 2. Approve the issuance of multifamily housing revenue bonds by the California Municipal Finance Authority (CMFA) for the benefit of Retirement Housing Foundation, a California nonprofit public benefit corporation (the "Sponsor"), on behalf of Plymouth Place RHF Partners, L.P., a California limited partnership (the "Borrower") to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). Note: The bonds will not be a debt of the City, nor will they obligate the City in any way. 3. 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 Plymouth Place 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. CITY MANAGER'S COVID-19 UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT City of Stockton Page 9 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 May 15, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 10 Printed on 5/15/2020 City Council/Successor Agency to Meeting Agenda - - Revised May 19, 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 11 Printed on 5/15/2020