City Council Special

City Council Special City of Stockton Meeting Meeting Agenda - Final City Council Special Michael D. Tubbs Mayor/Chair Elbert H. Holman Jr. Vice Mayor/Vice Chair (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Susan Lenz (District 4) Christina Fugazi (District 5) Jesús M. Andrade (District 6) Thursday, December 28, 2017 2:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 2:00 PM :: Regular Session 2:30 PM 1. SPECIAL CLOSED SESSION CALL TO ORDER / ROLL CALL 2. PUBLIC COMMENT* 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 17-4261 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. CIV.S-02-0065 LKK JFM) Name of Case: Patrick Craig, et al. v. City of Stockton, et al. (San City of Stockton Page 1 Printed on 12/21/2017 City Council Special Meeting Agenda - Final December 28, 2017 Joaquin County Superior Court Case No. STK-CV-UWM-2017-0006371) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 4. ADJOURN TO CLOSED SESSION 5. SPECIAL SESSION CALL TO ORDER / ROLL CALL 6. REPORT OF ACTION TAKEN IN CLOSED SESSION 7. PUBLIC COMMENT *Members of the public may only comment regarding items on this agenda. 8. PUBLIC HEARING 8.1 17-4256 CONDUCT PUBLIC HEARING FOR THE RENEWAL OF THE MIRACLE MILE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT City of Stockton Page 2 Printed on 12/21/2017 City Council Special Meeting Agenda - Final December 28, 2017 Recommended Action: RECOMMENDATION It is recommended that the City Council conduct a Public Hearing to consider public comment and testimony regarding the approval and adoption for the renewal of the Miracle Mile Property and Business Improvement District. After the public hearing, if a majority protest does not exist, it is recommended that the City Council adopt a resolution to overrule all public hearing protests. The ballots were tabulated during the December 5, 2017, Public Hearing and the ballots in favor of the Miracle Mile Property and Business Improvement District renewal exceeded the ballots in opposition to Miracle Mile Property and Business Improvement District renewal (weighted by the amount of the assessment), therefore it is recommended that the City Council adopt a resolution to: 1. Approve the renewal of the Miracle Mile Property and Business Improvement District under the 1994 Act (Attachment A) and designated "Miracle Mile Improvement District No. 2012-01," with separate benefit zones designated "Zone 1," "Zone 2" and "Zone 3," the boundaries of which are shown in the Boundary Map (Exhibit 1 to the Resolution); 2. Approve the assessment formula and levying of the assessments; 3. Declare the assessment is lawfully authorized and direct the Clerk to cause the Boundary Map to be filed in the Office of the San Joaquin County Recorder and, concurrently therewith, to record a Notice of Assessment with respect to the properties in the Office of the County Recorder of the County of San Joaquin; 4. Approve and adopt the final Management District Plan and Engineer's Report (Exhibit 2 to the Resolution); 5. Authorize the City Manager to execute an Agreement with the Miracle Mile Improvement District to operate and manage the Miracle Mile Property and Business Improvement District; and 6. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - MMPBID December 5, 2017 Staff Report Proposed Resolution - MMPBID Exhibit 1 - Boundary Map Exhibit 2 - Management Plan Exhibit 3 - Agreement 9. COUNCIL COMMENTS 10. ADJOURNMENT City of Stockton Page 3 Printed on 12/21/2017 City Council Special Meeting Agenda - Final December 28, 2017 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 21, 2017, in compliance with the Brown Act. Bret Hunter, CMC Interim City Clerk By: ________________________________ Deputy *Members of the public may only comment regarding items on this agenda. All proceedings before the City Council 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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at 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. The Agenda is available on the City of Stockton Website: www.stocktongov.com. 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 4 Printed on 12/21/2017