City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - Final Agenda City Council Anthony Silva, Mayor/Chair Paul Canepa, Vice Mayor/Vice Chair (District 3) Elbert H. Holman Jr. (District 1) Katherine M. Miller (District 2) Moses Zapien (District 4) Dyane Medina (District 5) Michael D. Tubbs (District 6) Tuesday, October 22, 2013 4:00 PM Council Chamber, City Hall, 425 N El Dorado Street Closed Session 4:00 | Regular Session 5:30 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 13-0847 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four 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) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. City of Stockton Page 1 Printed on 10/16/2013 City Council Meeting Agenda - Final October 22, 2013 Department: City Attorney 3.2 13-0848 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Bob Deis 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 13-0849 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 3.4 13-0850 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c). Department: City Attorney 3.5 13-0877 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Mayor Anthony Silva City Manager This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code. Department: City Attorney 3.6 13-0886 PUBLIC EMPLOYEE APPOINTMENT Title: City Manager City of Stockton Page 2 Printed on 10/16/2013 City Council Meeting Agenda - Final October 22, 2013 This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, 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 . 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** **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. 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, 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 . 12. CONSENT AGENDA 12.1 13-0720 AUTHORIZE THE CITY MANAGER TO SIGN A “JOINDER AGREEMENT” TO THE “AGREEMENT FOR ADOPTION OF FLOOD SAFETY PLANS PURSUANT TO CALIFORNIA WATER CODE 9650” AND DESIGNATE THE CITY’S COMMUNITY DEVELOPMENT DIRECTOR AS THE DESIGNATED FLOOD SAFETY OFFICIAL FOR THE CITY OF STOCKTON RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to sign a “Joinder Agreement” to take part in the City of Stockton Page 3 Printed on 10/16/2013 City Council Meeting Agenda - Final October 22, 2013 “Agreement for Adoption of Flood Safety Plans” Pursuant to California Water Code 9650” and designate the City’s Community Development Director as the designated Flood Safety Official for the City of Stockton . Department: Fire Attachments: Attachment A - Flood Safety Plan Resolution (Draft) Exhibit 1 - 5-Flood Safety Plans Agreement 12.2 13-0776 AUTHORIZE AN AGREEMENT WITH MGT OF AMERICA, INC. FOR THE DEVELOPMENT OF A STRATEGIC PLAN FOR THE STOCKTON-SAN JOAQUIN COUNTY PUBLIC LIBRARY RECOMMENDATION It is recommended the City Council adopt a motion authorizing the City of Stockton to enter into an agreement with MGT of America, Inc. for the development of a strategic plan for the Stockton-San Joaquin County Public Library (SSJCPL). Department: Community Services Attachments: Attachment A - MGT Strategic Plan Agreement.pdf 12.3 13-0819 APPOINTMENT OF NOMINEE TO WATER ADVISORY GROUP RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the appointment of Paul Sensibaugh to the Council’s Water Advisory Group. Department: Municipal Utilities Attachments: Attachment A - Paul Sensibaugh Application_Redacted Resolution - Water Advisory Group Appointment 12.4 13-0820 CRIME ANALYSIS SERVICES CONTRACT RECOMMENDATION It is recommended that the City Council by motion adopt findings and approve a Professional Services Contract for Crime Analysis Services with BAIR Analytics, Inc. in an amount not to exceed $93,000. Department: Police Attachments: Attachment A - Bair Analytics Stockton Professional Services Contract 12.5 13-0826 CONSULTING AGREEMENT AMENDMENT WITH THE SEGAL COMPANY FOR EMPLOYEE BENEFIT SERVICES RECOMMENDATION City of Stockton Page 4 Printed on 10/16/2013 City Council Meeting Agenda - Final October 22, 2013 It is recommended that the City Council adopt by motion an amendment to extend the current contract with the Segal Company ("Segal"), in the amount of $207,500, for an additional one-year from December 14, 2013 through December 13, 2014, and to amend the scope of services. Department: Human Resources Attachments: Attachment A - Segal Fourth Amendment October 2013.docx 12.6 13-0862 COUNCIL AUDIT COMMITTEE MINUTES Accept for filing the Council Audit Committee minutes of the July 8, 2013 and August 19, 2013 meetings. Department: City Clerk Attachments: 2013-07-08 Council Audit Committee Meeting Minutes 2013-08-19 Council Audit Committee Meeting Minutes 12.7 13-0872 APPROVAL OF MINUTES RECOMMENDATION Approval of minutes from the regular City Council meeting of September 10, 2013 and the Special Closed Session meeting of October 10, 2013. Department: City Clerk Attachments: 2013-09-10 City Council Minutes 2013-10-10 Special City Council Closed Session Meeting Minutes 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-0702 AMENDMENT TO THE CURRENT ADMINISTRATIVE AGREEMENT FOR THE CITY’S SELF-INSURED HEALTH BENEFIT PLANS’ THIRD-PARTY ADMINISTRATOR, DELTA HEALTH SYSTEMS (DHS) AND RESCISSION OF AUTHORITY TO ISSUE REQUEST FOR PROPOSAL FOR THESE SERVICES RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to amend its current administrative agreement with Delta Health Systems for an additional one year period while the City evaluates the structure of current benefit offerings for City employees and rescind prior authority to issue a Request for Proposal (RFP) for these services. City of Stockton Page 5 Printed on 10/16/2013 City Council Meeting Agenda - Final October 22, 2013 Department: Human Resources Attachments: Attachment A - DHS Admin Agmt with highlights Attachment B - DHS Amendment to Admin Agmt to execute Attachment C - DHS Admin Agreement and Amendment 15.2 13-0845 ISSUANCE OF REQUEST FOR PROPOSAL SOLICITING FULLY INSURED ALTERNATIVES TO THE CITY’S SELF-FUNDED MEDICAL PLAN RECOMMENDATION It is recommended that the City Council approve findings by motion and authorize the City Manager to issue a Request for Proposal (RFP) to solicit fully-insured medical plan proposals to consider as alternatives to the City’s self-funded medical plan. Department: Human Resources 15.3 13-0851 APPOINTMENT TO SAN JOAQUIN REGIONAL TRANSIT DISTRICT BOARD RECOMMENDATION Adopt a resolution to appoint one commissioner to fill the vacancy on the San Joaquin Regional Transit District Board for a term commencing January 1, 2014, and ending December 31, 2017. Department: City Clerk Attachments: Attachment A - Les Fong application (redacted) Attachment B - Michael Keatts application (redacted) Attachment C - John Mays application (redacted) Attachment D - Balwinder Singh application (redacted) Attachment E - Lucinda Soule application (redacted) Resolution - San Joaquin Regional Transit District Appointment 16. HEARINGS*** ***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. 16.1 13-0791 ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 3 REVENUE AND FINANCE, CHAPTER 3.16, BY ADDING SECTION 3.16.190 TO CREATE A USE TAX BUSINESS INCENTIVE PROGRAM RECOMMENDATION It is recommended that the City Council adopt an ordinance amending City of Stockton Page 6 Printed on 10/16/2013 City Council Meeting Agenda - Final October 22, 2013 the Stockton Municipal Code, Title 3 Revenue and Finance, Chapter 3.16, by adding Section 3.16.190, to create a Use Tax Business Incentive Program. Department: Economic Development Attachments: Attachment A - Ordinance- (redline Version) Use Tax Incentive Program Ordinance- (Clean Version) Use Tax Incentive Program 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS All proceedings before the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meetings of the City Council/ Successor Agency to the Redevelopment Agency/Public Financing Authority, please contact the Office of the City Clerk at (209) 937-8459 at least 48 hours prior to the meeting to 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 interest City of Stockton Page 7 Printed on 10/16/2013