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/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 17, 2013 3:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 13-1024 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: E. Greg Kent, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. 39-2012-00279803) City of Stockton Page 1 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 13-1025 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 3.3 13-1026 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One 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 13-1028 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: One 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 13-1027 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 Government Code. City of Stockton Page 2 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent Department: City Attorney 3.6 13-1023 PUBLIC EMPLOYEE APPOINTMENT Title: City Manager 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 13-0889 AWARD A CONSTRUCTION CONTRACT AND APPROVE THE FILING OF A NOTICE OF EXEMPTION (CE014-13) FOR THE 2013-14 CURB, GUTTER, AND SIDEWALK REPAIR AND CURB-RAMP INSTALLATION, PROJECT NO.13-28 City of Stockton Page 3 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 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 $595,416 to Nor-Cal Concrete for the 2013-14 Curb, Gutter, and Sidewalk Repair and Curb-Ramp Installation, Project No. 13-28. It is also recommended that the City Council adopt a resolution authorizing the filing of Notice of Exemption No. CE014-13 under the California Environmental Quality Act (CEQA). It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion and resolution. Department: Public Works Attachments: Attachment A - Curb-Ramp Repair List Attachment B - Vicinity Maps Attachment C - Construction Contract with Nor-Cal Concrete Attachment D - Reimbursement Agreement Proposed Resolution - Authorizing Filing of Notice of Exemption No. CE014-13 Exhibit 1- Notice of Exemption No. CE014-13 12.2 13-0893 AWARD A CONSTRUCTION CONTRACT AND APPROVE THE FILING OF A NOTICE OF EXEMPTION (CE013-13) - 2013 ADJUSTMENT OF LOW UTILITIES, PROJECT NO. 13-29 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 $82,715 to United Pavement Maintenance for the 2013 Adjustment of Low Utilities, Project No. 13-29. It is also recommended that the City Council adopt a resolution authorizing the filing of Notice of Exemption No. CE013-13 under the California Environmental Quality Act (CEQA). It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion and resolution. Department: Public Works City of Stockton Page 4 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - List of Repair Locations Attachment B - Vicinity Map Attachment C - Construction Contract with United Pavement Maintenance Proposed Resolution - Adjustment of Low Utilities PW 13-29 Exhibit - Notice of Exemption 12.3 13-0906 CONTRACT AWARD - TREE AND STUMP REMOVAL SERVICES FOR FISCAL YEAR 2013/2014, PROJECT NO. 13-30 RECOMMENDATION It is recommended the City Council approve a motion that adopts the specifications, and authorizes the City Manager to execute a Construction Contract in the amount of $207,550 to West Coast Arborists, Inc. for the Tree and Stump Removal Services for Fiscal Year 2013/2014, Project No.13-30. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Schedule of Values Attachment B - Construction Contract with West Coast Arborists, Inc. 12.4 13-0957 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES MASTER AGREEMENT WITH HDR ENGINEERING, INC. FOR THE WASTEWATER CONNECTION FEE REVIEW AND UPDATE STUDY RECOMMENDATION It is recommended that the City Council approve a motion amending the Professional Services Master Contract with HDR Engineering, Inc. of Bellevue, Washington for a contract amount not-to-exceed $69,750 for the Wastewater Connection Fee Review and Update Study. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - HDR Contract Amendment Exhibit A - HDR Proposal Exhibit B - Insurance 12.5 13-0960 CESAR CHAVEZ LIBRARY - EMERGENCY PURCHASE OF HEATING SYSTEM EQUIPMENT City of Stockton Page 5 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent RECOMMENDATION It is recommended that the City Council approve a motion approving findings and ratifying the Deputy City Manager’s approval of an emergency purchase order issued on October 29, 2013, and payment to Center State Pipe and Supply Company, for a combined purchase value of $34,943.65 for supply of a new boiler and tank for the heating system at Cesar Chavez Library. It is also recommended that the motion authorize the City Manager to take such other actions as are appropriate to carry out the intent of this motion. Department: Public Works Attachments: Attachment A - Purchase Order No. 181237 Attachment B - Purchase Order No. 181759 12.6 13-0961 REJECT CONSTRUCTION BID SUBMITTED AND AUTHORIZE RE-BID OF THE SMITH CANAL WET WELL REHABILITATION AND MISCELLANEOUS SITE IMPROVEMENTS RECOMMENDATION It is recommended that the City Council approve a motion to reject the submitted construction bid and authorize the re-bid of the Smith Canal Wet Well Rehabilitation and Miscellaneous Site Improvements Project, M09093. 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 12.7 13-1001 APPROVING THE 2014 STATE AND FEDERAL LEGISLATIVE PROGRAMS RECOMMENDATION It is recommended that by motion action the City Council adopt the 2014 State and Federal Legislative Programs and authorize the City Manager to pursue the objectives outlined in these programs through advocacy efforts in Sacramento and Washington, D.C. Department: City Manager Attachments: Attachment A - 2014 State Legislative Program Attachment B - 2014 Federal Legislative Program 12.8 13-1005 APPROVE FINDINGS AND ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF MOBILE DATA COMPUTERS AND TABLETS, SOFTWARE AND APPLICATIONS, AND MOUNTING HARDWARE FOR FIRE DEPARTMENT VEHICLES UTILIZING $220,000 IN MMRS City of Stockton Page 6 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 2011 GRANT FUNDS AND $28,139.05 FROM OTHER CITY FUNDING SOURCES RECOMMENDATION It is recommended that the City Council approve findings and adopt a resolution; 1) authorizing the purchase of Mobile Data Computers (MDCs) and mounting hardware from CDW-G for installation in front-line fire apparatus and specialty units by participating in a cooperative purchasing agreement between National Intergovernmental Purchasing Alliance (NIPA) and CDW Government, Inc. (CDW-G); 2) authorizing the purchase of FireHouse Report Management Software (FH-RMS) and entering a service agreement with Xerox Government Systems, LLC, and purchase of FireHouse Mobile Response software from ACS Government Systems for installation on MDCs; 3) authorizing the purchase of Tablet Command software for installation on iPads and entering a service agreement with Simple-Track, LLC; and 4) authorizing the purchase of application software and licenses for hardware and software connectivity from Logisys. Department: Fire Attachments: Attachment A - NIPA and CDW-G Cooperative Purchasing Agreement Attachment B - CDW-G Quote – Tablets and Computer Mounting Hardware Attachment C - CDW-G Qoute - Vehicle Mounting Hardware Attachment D - Logisys Quote – Additional Licenses Attachment E - Logisys Quote – Application Software and Services Attachment F - ACS Government Sytems - FireHouse Mobile Response Quote Attachment G - Simple-Track, LLC Quote - Tablet Command Attachment H - Logisys Quote -Tablet Command Interface Attachment I - Xerox Government Systems, LLC – FireHouse RMS Quote Attachment J - Logisys Quote – FireHouse RMS Proposed Resolution - MDC Project Exhibit 1 - Tablet Command Service Agreement Exhibit 2 - FireHouse RMS Service Agreement 12.9 13-1010 ADOPTION OF A RESOLUTION DECLARING THE NEED FOR THE PARKING AUTHORITY OF THE CITY OF STOCKTON TO FUNCTION IN THE CITY WITHIN PRESCRIBED BOUNDARIES, APPOINTING MEMBERS OF THE PARKING AUTHORITY, SELECTING A CHAIRPERSON OF THE PARKING AUTHORITY AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY IN CONNECTION THEREWITH RECOMMENDATION City of Stockton Page 7 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent It is recommended that the City Council approve a resolution declaring the need for the parking authority of the City of Stockton to function in the city within prescribed boundaries, appointing members of the parking authority and authorizing the City Manager, City Attorney, Chief Financial Officer, City Clerk, and other appropriate officers of the City to take all other actions necessary in connection therewith. Department: City Manager Attachments: Exhibit 1 – Proposed Parking District Boundary Proposed Resolution - Parking Authority Exhibit 2 - List of Assets 12.10 13-1019 PLANNING COMMISSION RECOMMENDATION TO APPROVE A PROPOSED AMENDMENT TO TITLE 16 OF THE MUNICIPAL CODE TO ALLOW ANIMAL SERVICES IN THE CO (COMMERCIAL, OFFICE) ZONING DISTRICT RECOMMENDATION The Planning Commission recommends that the City Council adopt an Ordinance approving the proposed amendment to Title 16 of the Municipal Code to allow animal services to be permitted with an Administrative Use Permit within the Commercial, Office zoning district. Staff agrees with this recommended Ordinance Amendment. Department: Community Development Attachments: Attachment A - November 14, 2013 Planning Commission Staff Report Attachment B - November 14, 2013 Planning Commission Minutes (DRAFT) Attachment C - Animal Services Ordinance, Redline Version Proposed Ordinance - Animal Services 12.11 13-1036 COUNCIL AUDIT COMMITTEE MEETING OF SEPTEMBER 23, 2013 Accept for filing the Council Audit Committee minutes of September 23, 2013. Department: Council Audit Committee Attachments: Minutes - September 23, 2013 Council Audit Committee 12.12 13-1040 EXCHANGE OF PROPERTY RELATING TO THE JOAN DARRAH PROMENADE ON THE STOCKTON WATERFRONT RECOMMENDATION It is recommended that the City Council adopt two resolutions: City of Stockton Page 8 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 1. Approving the summary abandonment of a portion of West Weber Avenue; and 2. Authorizing the City Manager to execute the agreement for the exchange of a portion of City property along West Weber Avenue for a portion of property located along the Joan Darrah Promenade on the Stockton Waterfront at 321 West Weber Avenue. Department: Economic Development Attachments: Attachment A - Vicinity Map Proposed Resolution - Abandonment Weber Avenue Exhibit 1 to Resolution - Abandonment Property Description Exhibit 2 to Resolution - Abandonment Vicinity Map Proposed Resolution - Agreement - Exchange of Real Property Interests Exhibit 1 to Resolution - Agreement - Map & Description of Property to be Granted to City Exhibit 2 to Resolution - Agreement - Map & Description of Property to be Exchanged Exhibit 3 to Resolution - Agreement - Agreement for Exchange of Real Property Interests 12.13 13-1048 REVISIONS TO COUNCIL POLICIES CONCERNING APPOINTMENTS TO BOARDS AND COMMISSIONS, RULES OF CONDUCT OF MEETINGS INCLUDING COUNCIL DECORUM, CLOSED SESSIONS AND A NEW COUNCIL POLICY CONCERNING CENSURE RECOMMENDATION The Council Legislative/Environmental Committee recommends that the City Council adopt by motion action the revised Council Policies 100-2, 100-3 and 100-6 and the newly created Council Policy 100-11. Department: City Clerk Attachments: Attachment A - Redline Council Policy Documents Proposed Resolution - Adopting Amendments to Council Policy Exhibit A to Proposed Resolution - Council Policy 100-2 Revisions - Final Exhibit B to Proposed Resolution - Council Policy 100-3 - Rules for Conduct of City Council Mee Exhibit C to Proposed Resolution - Council Policy 100-6 Closed Session - Final Exhibit D to Proposed Resolution - Council Policy 100-11 Council Censure Policy - Final 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS City of Stockton Page 9 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 15.1 13-1037 ADOPTING A RESOLUTION IN SUPPORT OF THE REVITILIZE OUR CITIES ACT RECOMMENDATION It is recommended that the City Council adopt a resolution supporting the Revitalize Our Cities Act. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Proposed Resolution - Revitalize Our Cities Act 15.2 13-0993 EXTENSION OF PUBLIC FACILITIES FEE REDUCTION FOR RESIDENTIAL AND NON-RESIDENTIAL PROJECTS RECOMMENDATION It is recommended that the City Council adopt a Resolution: 1) Extending the reduction of certain public facilities fees for non-residential projects Citywide until December 31, 2014; 2) Extending the reduction of certain public facilities fees for residential projects within the existing City limits until December 31, 2014; and 3) Maintaining the Public Facilities Administrative Fee at 3.5% until the applicable sunset dates. Department: Community Development Attachments: Proposed Resolution - Extending Reduction of Certain Public Facility Fees Exhibit 1 - PFF Reduction Fee Schedule 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 13-0835 AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ALLOW CARD ROOMS IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT RECOMMENDATION Staff recommends that the City Council accept the Planning Commission’s recommendation to adopt an Ordinance amending Title 16 of the Municipal Code to allow card rooms to be permitted within the City of Stockton Page 10 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent Commercial, General zoning district. Department: Community Development Attachments: Attachment A - September 12, 2013 Planning Commission Staff Report Attachment B - September 12, 2013 Comment Letter Attachment C - September 12, 2013 Email to Planning Commissioners Attachment D - Project Location Map Attachment E - October 4, 2013 Email to Councilmembers Attachment F - Redline Changes to Ordinance Proposed Ordinance - Amending Zone CG Allowing Card Rooms 16.2 13-0837 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO UPGRADE THE OFF-SALE OF BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING RETAIL OUTLET AT 8024 NORTH EL DORADO STREET (P13-148) RECOMMENDATION It is recommended that the City Council adopt a Resolution affirming the Planning Commission’s denial of the request for a Use Permit to upgrade the off-sale of beer and wine (Type 20) to the off-sale of general alcoholic beverages (Type 21) in an existing retail outlet at 8024 North El Dorado Street. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Project Location Maps Attachment C - September 12, 2013 Planning Commission Staff Report Attachment D - Findings for Denial Proposed Resolution - Affirming Planning Commission Denial 16.3 13-0979 CITY-INITIATED MUNICIPAL CODE (SMC) AMENDMENT TO ADOPT AN ORDINANCE AMENDING TITLE 15 OF THE SMC, CHAPTER 15.72, GREEN BUILDING STANDARDS RECOMMENDATION This public hearing was noticed for this meeting. Due to additional staff work, the hearing will not be held. The public hearing will be rescheduled at a later date. Department: Community Development 17. COUNCIL COMMENTS City of Stockton Page 11 Printed on 12/12/2013 City Council/Successor Agency to Meeting Agenda - Final December 17, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 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 13-1060 2014 City of Stockton Boards and Commissions Local Appointments List This list is being provided as information only in compliance with the provisions of the Maddy Act. Department: City Clerk Attachments: 2014 Local Appointments List - Maddy Act City of Stockton Page 12 Printed on 12/12/2013