City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent 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 Burgos Medina (District 5) Michael D. Tubbs (District 6) Tuesday, December 3, 2013 3:30 PM Council Chamber, City Hall, 425 N El Dorado Street Closed Session 3:30 | Regular Session 5:30 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.7 13-0897 PUBLIC EMPLOYEE APPOINTMENT Title: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.1 13-0930 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 City of Stockton Page 1 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 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: Preston Pipelines, Inc. v. City of Stockton, et al. Contra Costa County Superior Court Case No. MSC13-02420 This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 13-0931 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Interim City Manager Kurt Wilson 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 3.4 13-0932 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Three Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.6 13-0933 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Teresia Zadroga-Haase City Manager This Closed Session is authorized pursuant to Section 54957.6(a) of the City of Stockton Page 2 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent Government Code. Department: City Attorney 3.5 13-0935 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 3.3 13-1015 CONFERENCE WITH REAL PROPERTY NEGOTIATOR No. of Properties: One Address: 321 W. Weber Avenue APN: 137-270-23 Owner: Monte Vista Weber Point Hotel, LLC J. Patrick and Patricia J. Kennedy Gimli, LP Agency Negotiators: Micah Runner, Economic Development Director Under Negotiation: Price and Terms This Closed Session is authorized pursuant to Government Code section 54956.8. 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 City of Stockton Page 3 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 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 13-0550 AWARD A CONTRACT TO APPLIED GEOGRAPHICS FOR SERVICES TO CREATE A GEOGRAPHIC INFORMATION SYSTEMS TECHNOLOGY ROADMAP - PROJECT IT-03 RECOMMENDATION It is recommended that the City Council by motion action authorize the City Manager to execute a contract with Applied Geographics, Inc. of Boston, Massachusetts (“Applied Geographics”) in the amount of $49,760. This contract will provide consultant services to create a Geographic Information System (“GIS”) Technology Roadmap (PUR 13-011) for improving the GIS System over the next 3-5 years and into the future. Department: Administrative Services 12.2 13-0692 ENTERTAINMENT VENUES CAPITAL IMPROVEMENT PROJECTS FOR FY 2014-2018 RECOMMENDATION It is recommended that the City Council approve by motion findings for an exception to the competitive bidding process, a purchase order between American Chiller and SMG Stockton in the amount of $190,343, and approve a 10% contingency amount (for total appropriation not to exceed $209,377) for the repair of a Chiller, Boiler, and Water Pump at the Stockton Arena. Department: City Manager City of Stockton Page 4 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 12.3 13-0711 REFINANCING THE LOAN TO THE CAL VILLA ESTATES HOMEOWNERS ASSOCIATION RECOMMENDATION It is recommended that City Council approve a motion: 1. To refinance a loan provided to Cal Villa Estates Homeowners Association to reduce the monthly payments and extend the repayment period and 2. Authorizing the City Manager, or his designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development 12.4 13-0813 STOCKTON COURTHOUSE PROJECT - AMENDMENT TO THE DONATION AGREEMENT; AUTHORIZATION FOR THE REMOVAL, RELOCATION AND TERMINATION OF UTILITY EASEMENTS; AND SUMMARY ABANDONMENT OF A SANITARY SEWER EASEMENT LOCATED IN HUNTER SQUARE PLAZA RECOMMENDATION It is recommended that the City Council adopt three resolutions: 1. Authorizing the City Manager to execute an amendment to the Donation Agreement for Hunter Square Plaza; 2. Authorizing the City Manager to execute four agreements for the removal, relocation and termination of the utility easements located in Hunter Square Plaza; and 3. Approving the summary abandonment of a City of Stockton sanitary sewer easement located in Hunter Square Plaza. Department: Economic Development 12.5 13-0876 CITY WIDE SECURITY SERVICES CONTRACT (PUR 13-049) RECOMMENDATION It is recommended that the City Council by motion authorize the City Manager to execute a contract with First Alarm Security and Patrol, Inc. for City Wide Security Services for a total contract amount not to exceed $660,000. Department: Police City of Stockton Page 5 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 12.6 13-0892 APPROVE PURCHASE OF TWO NEW POLICE SEDANS RECOMMENDATION It is recommended that the City Council approve a motion to approve findings and authorize the purchase of two new Ford Police sedans from Big Valley Ford of Stockton, California, in the amount of $41,921.08. It is further recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works 12.7 13-0894 ADOPT A RESOLUTION TO AUTHORIZE THE INITIATION OF REFERENDUM ELECTION PROCEDURES TO ENTER INTO A SECTION 218 MEDICARE-ONLY AGREEMENT BETWEEN THE CITY OF STOCKTON AND THE SOCIAL SECURITY ADMINISTRATION FOR ELIGIBLE POLICE SAFETY POSITIONS RECOMMENDATION It is recommended that the City Council adopt a Resolution to request authorization from CalPERS to initiate Referendum election procedures to enter into a Section 218 Medicare-Only Agreement (Section 218 Agreement) between the City and the Social Security Administration (SSA) effective August 1, 2014. Participation in this Agreement would be exclusive to current full-time employees employed as of August 1, 2014 in Police Safety positions who have been continuously employed by the City of Stockton since on or before April 1, 1986. Department: Human Resources 12.8 13-0903 ADOPT A RESOLUTION TO AUTHORIZE THE INITIATION OF DIVISION ELECTION PROCEDURES TO ENTER INTO A SECTION 218 MEDICARE-ONLY AGREEMENT BETWEEN THE CITY OF STOCKTON AND THE SOCIAL SECURITY ADMINISTRATION FOR ELIGIBLE NON-SAFETY MISCELLANEOUS POSITIONS RECOMMENDATION It is recommended that the City Council adopt a Resolution to request authorization from CalPERS to initiate Division election procedures to enter into a Section 218 Medicare-Only Agreement (Section 218 Agreement) between the City and the Social Security Administration (SSA) effective August 1, 2014. Participation in this Agreement would City of Stockton Page 6 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent be exclusive to current full-time employees employed as of August 1, 2014 in non-safety Miscellaneous positions who have been continuously employed by the City of Stockton since on or before April 1, 1986. Department: Human Resources 12.9 13-0908 PUBLIC ART ADVISORY COMMITTEE APPOINTMENTS RECOMMENDATION Adopt a resolution appointing Michael Ordonia, Marie Lorraine Mallare-Jimenez, Thomas Block, and reappointing Thomas Bowe and Lauren McColl to the Public Art Advisory Committee as recommended by the Stockton Arts Commission with terms that will begin on January 1, 2014, and end December 31, 2016. Department: Community Services 12.10 13-0910 HOUSING REHABILITATION LOAN FOR 1331 QUEEN AVENUE RECOMMENDATION It is recommended that the City Council approve a motion: 1. Approving a $78,258 HOME Loan to Miguel and Lillian Escotto; and 2. Authorizing the City Manager, or his designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development 12.11 13-0916 MOTION AUTHORIZING A RELEASE OF REQUEST FOR PROPOSALS (RFP) FOR THE DEVELOPMENT OF A JOINT POURING RIGHTS AGREEMENT RECOMMENDATION It is recommended that the City Council adopt a motion approving findings and authorizing SMG to release a RFP for Pouring Rights (exclusive beverage provider) for both the Entertainment Venues and specific City properties and authorizing the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: City Manager 12.12 13-0917 AWARD CONSTRUCTION CONTRACT - WEBER AVENUE STREETSCAPE BEAUTIFICATION, PHASE 2 (CITY PROJECT NO. 09 -02/FEDERAL PROJECT NO. RSTPLE-5008(122)) City of Stockton Page 7 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent RECOMMENDATION It is recommended that the City Council approve a motion that adopts the plans and specifications, and authorizes the City Manager to execute a Construction Contract in the amount of $3,113,372.07 to the lowest bidder, DSS Company, doing business as Knife River Construction, for the Weber Avenue Streetscape Beautification, Phase 2 (City Project No. 09-02/Federal Project No. RSTPLE-5008(112)). It is further recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works 12.13 13-0921 APPROVE PLANS AND SPECIFICATIONS, AND THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING REPORTING PROGRAM FOR THE CENTER STREET/EL DORADO STREET BRIDGES OVERPASS REHABILITATION, PROJECT NO. 08-20 RECOMMENDATION It is recommended that the City Council adopt a resolution adopting the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, and authorizing the filing of a Notice of Determination under the California Environmental Quality Act (CEQA) for the Center Street/El Dorado Street Bridges Overpass Rehabilitation, Project No. 08-20. In addition, it is recommended that the City Council approve a motion to adopt plans and specifications for the Center Street/El Dorado Street Bridges Overpass Rehabilitation, Project 08-20. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of the respective resolution and motion. Department: Public Works 12.14 13-0922 APPROVE CONSTRUCTION CONTRACT FOR SULFUR DIOXIDE DOSING EQUIPMENT REPLACEMENT PROJECT M14001 RECOMMENDATION It is recommended that the City Council approve a motion approving the project plans, specifications, addenda, and all environmental findings; City of Stockton Page 8 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent and authorizing the City Manager to execute a construction contract with Falco Construction of Stockton in the amount of $97,570 for the construction of the Sulfur Dioxide Dosing Equipment Replacement Project M14001. This motion will also authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 12.15 13-0923 APPROVE CONSTRUCTION CONTRACT WITH SYNAGRO - WWT, INC. FOR REMOVAL AND DISPOSAL OF BACKWASH RECOVERY POND SOLIDS RECOMMENDATION It is recommended that by a motion action, the City Council approve the project plans, specifications, addenda, and all environmental findings; and authorize the City Manager to execute a construction contract with Synagro-WWT, Inc. of Baltimore, Maryland in the amount of $261,850 for the Removal and Disposal of Backwash Recovery Pond Solids. This motion will also authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 12.16 13-0944 APPROVE CONSTRUCTION CONTRACT WITH NMI INDUSTRIAL HOLDINGS, INC. FOR DIGESTER No. 5 SLUDGE HEAT EXCHANGER REPLACEMENT RECOMMENDATION It is recommended that by motion action, the City Council approve the project plans, specifications, addenda, and all environmental findings; and authorize the City Manager to execute a construction contract with NMI Industrial Holdings, Inc. of Sacramento in the amount of $56,745.01for the Digester No. 5 Sludge Heat Exchanger Replacement. This motion will also authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 12.17 13-0997 CERTIFY NOVEMBER 5, 2013 SPECIAL MUNICIPAL ELECTION RESULTS RECOMMENDATION City of Stockton Page 9 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent It is recommended that the City Council adopt a resolution accepting the results of the November 5, 2013 Special Municipal Election as certified by the San Joaquin County Registrar of Voters. Department: City Clerk 12.18 13-0998 EXTENSION OF THE AGREEMENT FOR PARKING CITATION MANAGEMENT AND COLLECTION SERVICES WITH INGLEWOOD CITATION MANAGEMENT SERVICES ON A MONTH-TO-MONTH BASIS RECOMMENDATION It is recommended that City Council adopt by motion action an extension to the existing Agreement for Parking Citation Management and Collection Services with the Inglewood Citation Management Services on a month-to-month basis for a period not to exceed six months. Department: Police 12.19 13-1016 APPROVAL OF MINUTES RECOMMENDATION Motion approving the minutes of the Stockton City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent meeting of November 5, 2013. Department: City Clerk 13. ADMINISTRATIVE MATTERS 13.1 13-1029 UPDATED MINUTES - OCTOBER 22, 2013 MEETING RECOMMENDATION Information only. No Council action required. Department: City Clerk 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-0996 PRESENTING THE PROPOSED 2014 STATE AND FEDERAL LEGISLATIVE PROGRAMS RECOMMENDATION City of Stockton Page 10 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent There is no formal action recommended at this time. The purpose of this staff report is to present an update of legislative activities that have occurred through calendar year 2013 and solicit Council feedback related to the 2014 State and Federal Legislative Programs. After receiving feedback from your Council, staff will make revisions and present the 2014 State and Federal Legislative Programs for formal adoption at a future Council meeting. Department: City Manager 15.2 13-1012 RESOLUTION OF ADMONISHMENT TO BE ISSUED TO THE MAYOR REGARDING HIS CONDUCT IN RELEASING CONFIDENTIAL INFORMATION FROM CLOSED SESSION DISCUSSIONS CONCERNING THE APPOINTMENT OF A CITY MANAGER Department: City Attorney 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 13-0789 AMENDMENT TO THE SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN MITIGATION FEE SCHEDULE RECOMMENDATION It is recommended that City Council adopt a Resolution amending the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (“Plan”) Mitigation Fee Schedule. Findings for the above-recommended action are incorporated into the Resolution. Department: Community Development 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. City of Stockton Page 11 Printed on 11/26/2013 City Council/Successor Agency to Meeting Agenda December 3, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 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 12 Printed on 11/26/2013