City Council Special

City Council Special City of Stockton Meeting Meeting Agenda - Final City Council Special 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, October 29, 2019 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Special Closed Session 4:00 PM :: Special Session 5:30 PM 1. SPECIAL CLOSED SESSION CALL TO ORDER / ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 19-5930 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Eight 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: Joseph Lee Green, et al. v. City of Stockton (San City of Stockton Page 1 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Joaquin County Superior Court Case No. STK-CV-UPI-2011-0014340) Name of Case: Peng Huang, et al. v. Judy Chong, et al. (San Joaquin County Superior Court Case No. STK-CV-UAT-2017-0009963) 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: 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 19-5931 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 19-5932 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 19-5933 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Two City of Stockton Page 2 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 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. SPECIAL SESSION CALL TO ORDER / ROLL CALL 7. INVOCATION/PLEDGE TO FLAG 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO SPECIAL SESSION AGENDA*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10.1 19-5994 PROCLAMATION: WHITE CANE AWARENESS DAY Recommended Action: PROCLAMATION Designating October 15, 2019 as White Cane Awareness Day Accepting: Joga Singh, President, San Joaquin County Chapter of National Federation of the Blind of California Department: Office of the Mayor 11. CONSENT AGENDA 11.1 19-5979 MEASURE W PUBLIC SAFETY SALES TAX FIVE-YEAR REVIEW FOR FISCAL YEAR 2014-15 THROUGH FISCAL YEAR 2018-19 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Measure W Public Safety Sales Tax Five-Year Review report with no change to the current 50/50 split of the one-quarter percent sales tax revenue to the Police and Fire Departments. Department: Administrative Services Attachments: Attachment A – Measure W Five-Year Review for FY 2014-15 through FY 2018-19 11.2 19-5935 2020 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR City of Stockton Page 3 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Recommended Action: RECOMMENDATION It is recommended that the City Council, Successor Agency, Stockton Public Financing Authority and Stockton Parking Authority adopt by motion the 2020 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - 2020 Stockton City Council Meeting Calendar 11.3 19-5844 APPROVE CONTRACT CHANGE ORDER NO. 3 WITH PLACEWORKS TO IMPLEMENT GENERAL PLAN POLICY, UPDATE EXISTING GENERAL PLAN LAND USE AND ZONING MAPS, AND ANALYZE INCLUSIONARY HOUSING POLICIES TO PROMOTE AFFORDABLE HOUSING IN STOCKTON; FINDINGS FOR AN EXCEPTION TO THE COMPETITIVE BIDDING REQUIREMENT; AND AMEND THE FISCAL YEAR 2019-20 ANNUAL BUDGET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Contract Change Order No. 3 to the Professional Services Contract with PlaceWorks to increase the total compensation by $456,440 for a revised amount not to exceed $1,994,489. 2. Appropriate $456,440 in the Fiscal Year 2019-20 budget from Fund 048 - Community Development fund balance. 3. Approve findings that support an exception to the competitive bidding requirement pursuant to the Stockton Municipal Code 3.68.070. 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: Community Development Attachments: Attachment A - PlaceWorks Contract Attachment B - Change Order 1 Attachment C - Change Order 2 Attachment D - Change Order 3 Proposed Resolution - Placeworks Change Order 3 11.4 19-5883 AUTHORIZE AN AMENDMENT TO THE MASTER ON-CALL BUILDING PROFESSIONAL SERVICES AGREEMENT City of Stockton Page 4 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to authorize the City Manager to: 1. Execute a Professional Services Master Agreement amendment with the following professional firms for on-call contract support for Building Plan Review and Inspection, Engineering Plan Review, and Floodplain Management Services: a. 4LEAF, Inc. Fair Oaks, CA; b. Bureau Veritas North America, Inc. Sacramento, CA; c. CSG Consultants, Inc. Sacramento, CA; d. West Coast Code Consultants, Inc. San Ramon, CA 2. Increase funding for individual projects by $700,000 for a revised amount not to exceed $1,700,000 across the entire vendor pool; and 3. Extend the duration of the contract for 1 year across the entire vendor pool. It is recommended that Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Community Development Attachments: Attachment A - Master Services Agreement 2017-06-20-1103 Attachment B - Master Services Agreement Amendment 1 Attachment C - Permit Activity Chart Attachment D - Proposed Master Services Agreement Amendment 2 11.5 19-5912 AMEND THE PROFESSIONAL SERVICES MASTER AGREEMENT FOR ON-CALL PLANNING CONSULTING SERVICES WITH MICHAEL BAKER INTERNATIONAL, INC. AND APPROVE FINDINGS FOR AN EXCEPTION TO THE COMPETITIVE BIDDING REQUIREMENT City of Stockton Page 5 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Amendment No. 2 to Professional Services Contract with Michael Baker International, Inc. for on-call planning consultant services to increase the maximum compensation by $500,000, for a revised total amount not to exceed $1,500,000; 2. Authorize a budget amendment to the Fiscal Year 2019-2020 Development Services Budget to appropriate $500,000 from the Fund 048 Community Development Fund Balance; and 3. Approve findings that support an exception to the competitive bidding requirement pursuant to Stockton Municipal Code 3.68.070. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Community Development Attachments: Attachment A - MBI Professional Services Contract Attachment B - Contract Amendment 1 Attachment C - Activity Chart Attachment D - Professional Services Contract Amendment 2 Proposed Resolution - MBI Professional Services Contract 11.6 19-5973 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON CITY EMPLOYEES’ ASSOCIATION AND MODIFICATIONS TO THE UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by resolution the attached successor Memorandum of Understanding (MOU) with the Stockton City Employees' Association (SCEA) effective July 1, 2019, through June 30, 2023, and amend the Unrepresented Compensation Plan (Compensation Plan.) It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the SCEA MOU and Compensation Plan. Department: Human Resources City of Stockton Page 6 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Attachments: Attachment A - SCEA MOU - redlined Attachment B - Unrepresented Employee Compensation Plan-redlined Proposed Resolution - SCEA MOU and Unrepresented Plan Exhibit 1 - SCEA MOU Exhibit 2 - Unrepresented Employee Compensation Plan Exhibit 3 - Budget Amendment 11.7 19-5762 AUTHORIZE THE VICTORY PARK IRRIGATION WELL Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. CE25-19 under the California Environmental Quality Act for the Victory Park Irrigation Well, Project No. PW1736. 2. Approve the project documents for the Victory Park Irrigation Well, Project No. PW1736. 3. Award a Construction Contract in the amount not to exceed $99,236.16 to Calwater Drilling Company, Inc. of Turlock, CA, for the Victory Park Irrigation Well, Project No. PW1736. 4. Approve findings pursuant to Stockton Municipal Code section 3.68.070.A.3 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 resolution. Department: Public Works Attachments: Proposed Resolution - Victory Park Irrigation Well Exhibit 1 - CEQA Notice of Exemption Exhibit 2 - Construction Contract 11.8 19-5771 AUTHORIZE THE ACTIVE SAFE ROUTES TO SCHOOL TRAIN THE TRAINER PROJECT City of Stockton Page 7 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. CE04-19 under the California Environmental Quality Act for the Active Safe Routes to School Train the Trainer, Project No. PW1812/ATPLNI-5008(182). 2. Award a Professional Services Contract in the amount of $281,217.71 to Safe Moves, of Van Nuys, CA, a non-profit organization, for the Active Safe Routes to School Train the Trainer, Project No. PW1812/ATPLNI-5008(182). 3. 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 resolution. Department: Public Works Attachments: Attachment A - Map of School Sites in the Districts Proposed Resolution - Safe Routes to School Train the Trainer Project Exhibit 1 - Notice of Exemption Exhibit 2 - Professional Services Contract 11.9 19-5900 AUTHORIZE ON-CALL CONCRETE SAW-CUTTING AND SHAVING SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve the Notice of Exemption No. NOE38-19 under the California Environmental Quality Act for On-Call Concrete Saw-Cutting and Shaving Services, Project No. PW1815. 2. Award a one-year Service Contract in an amount not to exceed $50,000 to Precision Emprise, LLC of Burlingame, CA, for On-Call Concrete Saw-Cutting and Shaving Services, Project No. PW1815 of the Sidewalk, Curb, and Gutter Repair Program FY 2018-19. 3. Authorize the City Manager to execute up to four one-year extensions to this Service Contract, at an annual cost not to exceed $50,000, for a cumulative contract total not to exceed $250,000. 4. 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 resolution. Department: Public Works City of Stockton Page 8 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Attachments: Proposed Resolution - On-call Concrete Cutting Exhibit 1 - Notice of Exemption Exhibit 2 - Service Contract with Precision Emprise 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 19-5951 ISSUANCE AND SALE OF STOCKTON PUBLIC FINANCING AUTHORITY WATER REVENUE REFUNDING BONDS, DESIGNATED AS “SERIES 2019,” IN AN AMOUNT NOT TO EXCEED $62,000,000 Recommended Action: RECOMMENDATION Staff recommends the City of Stockton and the Stockton Public Financing Authority authorize the issuance and sale of bonds in a principal amount not-to-exceed $62,000,000 to refund the Series 2010A ("Series 2010A") in the outstanding principal amount of $52,645,000 to achieve savings. Resolution of the City of Stockton: This resolution authorizes the form of and the execution and delivery of one or more 2019 Installment Purchase Contracts, one or more Bond Purchase Contracts, a Continuing Disclosure Certificate, and an Official Statement relating to an installment purchase refinancing; and approving specific actions in connection therewith. Resolution of the Stockton Public Financing Authority: This resolution authorizes the issuance and sale of Stockton Public Financing Authority Water Revenue Refunding Bonds designated as "Series 2019" in an aggregate principal amount not to exceed $62,000,000; approves the form of and authorizes the execution and delivery of one or more 2019 indentures, one or more 2019 Installment Purchase Contracts, one or more a Bond Purchase Contracts, and an Official Statement relating to an Installment purchase refinancing; and approving specific actions in connection therewith. Staff recommends that Council approve a Water Utility Fund FY 2019-20 appropriation up to $1.08 million for costs related to the issuance. It is also recommended that Council approve the execution of all documents and other actions related to the issuance of the new Series 2018 bonds (Attachment A) and that the City Manager or designee be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolutions. Department: Administrative Services City of Stockton Page 9 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 Attachments: Attachment A - Description of Documents Being Approved and Terms Used Attachment B - Good Faith Estimate Proposed Resolution 1 - City of Stockton Proposed Resolution 2 - Stockton Public Financing Authority Exhibit 1 to Resolution 1 and 2 - 2019 Indenture Exhibit 2 to Resolution 1 and 2 - 2019 Installment Purchase Contract Exhibit 3 to Resolution 1 and 2 - Bond Purchase Agreement Exhibit 4 to Resolution 1 and 2 - Preliminary Official Statement 15. HEARINGS** 15.1 19-5925 SECOND AMENDMENT TO THE WEST LAKE AT SPANOS PARK WEST DEVELOPMENT AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an ordinance approving a second amendment to the West Lake at Spanos Park West Development Agreement (Application No. P19-0583). It is recommended that the City Manager be authorized to take appropriate and necessary action to carry out the purpose and intent of the ordinance. Department: Community Development Attachments: Attachment A - Location Map and Aerial Photography Attachment B - Map for West Lake Village Attachment C - Development Agreement - Redline Version Attachment D - Community Outreach Meeting Notice Attachment E - Planning Commission Resolution 2019-09-26-0501 Proposed Ordinance - Second Amendment to West Lake DA Exhibit 1 - West Lake Development Agreement - Clean Version 16. PUBLIC COMMENTS* *Members of the public may only comment regarding items on this agenda. 17. COUNCIL COMMENTS 18. ADJOURNMENT City of Stockton Page 10 Printed on 10/24/2019 City Council Special Meeting Agenda - Final October 29, 2019 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 October 24, 2019, in compliance with the Brown Act. Eliza R. Garza, CMC 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 11 Printed on 10/24/2019