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, March 4, 2014 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 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 14-0247 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) City of Stockton Page 1 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Name of Case: Preston Pipelines, Inc. v. City of Stockton, et al. Santa Clara County Superior Court Case No. 113CV252946 This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 14-0248 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: 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 4. PUBLIC COMMENT* 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** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 14-0050 ORDINANCES AMENDING TITLE 15 OF THE STOCKTON MUNICIPAL CODE BY INCORPORATING AND AMENDING VARIOUS SECTIONS OF THE 2013 EDITION OF THE CALIFORNIA CODE OF City of Stockton Page 2 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent REGULATIONS, TITLE 24 (INCLUDING BUILDING AND FIRE CODES) RECOMMENDATION It is recommended that the City Council adopt two ordinances: 1. Amending various sections of Title 15 of the Stockton Municipal Code (SMC), specifically, Chapters 15.04, 15.08, 15.10, 15.16, 15.20, 15.36, and 15.40, to incorporate the 2013 Edition of the California Code of Regulations, Title 24, Parts 1 (Building Standard Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Building Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), and 12 (Reference Standards Code), as amended; 2. Repealing all of the existing Chapter 15.12 of the SMC and replacing it with a new Chapter 15.12, adopting the 2013 California Model Fire Code; and Note: Clean copies of each proposed Ordinance to be adopted are attached as are the redline versions which highlight the proposed amendments (Attachments A and B) Department: Community Development Attachments: Attachment A - Building Ordinance (Redline Version) Attachment B - Fire Ordinance (Redline Version) Proposed Ordinance - Building Code Proposed Ordinance - Fire Code 12.2 14-0180 AUTHORIZE THE PURCHASE OF COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM SOFTWARE AND IMPLEMENTATION SERVICES FROM AZTECA INC. AND RJN GROUP FOR MUNICIPAL UTILITIES AND PUBLIC WORKS RECOMMENDATION It is recommended that the City Council approve by motion action authorizing the City Manager to enter into agreements with Azteca Inc . of Sandy, Utah and RJN Group of Wheaton, Illinois for the purchase and implementation of a Computerized Maintenance Management System (CMMS) for the Municipal Utilities and Public Works Departments. It is further recommended that the City Manager be authorized to take City of Stockton Page 3 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent any and all appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - RJN Professional Services Contract Attachment A - Exhibit A - RJN Scope of Services Attachment A - Exhibit B - RJN Insurance Requirements Attachment B - RJN AZTECA Cityworks EULA Attachment C - RJN Proposal 12.3 14-0204 MOTION AUTHORIZING EXTENSION OF CONTRACT WITH PETER JUAREZ TO OPERATE OAK PARK TENNIS COMPLEX RECOMMENDATION It is recommended that the City Council adopt a motion approving and authorizing an extension for an additional year of the existing contract with Peter Juarez for continued operation of the Oak Park Tennis Complex through March 31, 2015; and authorizing the City Manager take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Oak Park Tennis Complex Amendment 12.4 14-0210 RENTAL AGREEMENT FOR GOLF CARS WITH YAMAHA MOTOR CORPORATION, USA RECOMMENDATION It is recommended that the City Council authorize by motion Kemper Sports Management, Inc. to execute a two-year rental agreement with YAMAHA Golf-Car Company for one-hundred and five (105) 2009 YAMAHA “The Drive” electric golf cars, for $50 per car, per month, and authorize the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Agreement with Yamaha Golf-Car Compnay (Van Buskirk Golf Course) Attachment B - Agreement with Yamaha Golf-Car Company (Swenson Golf Course) 12.5 14-0213 MOTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ADMINISTRATIVE SERVICES AGREEMENT WITH MASSMUTUAL FINANCIAL SERVICES AS THE CITY OF STOCKTON’S 457 AND 401(a) PLAN PROVIDER AND RECORD KEEPER, AND EXTEND THE ADMINISTRATIVE SERVICES AGREEMENTS WITH THE CURRENT PROVIDERS TO ALLOW TRANSITION OF ASSETS AND ACCOUNTS City of Stockton Page 4 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to execute an Administrative Services Agreement and all supporting documents with MassMutual Financial Services (MassMutual) as the Plan Provider and Record Keeper for the City of Stockton’s Internal Revenue Code (IRC) Section 457 and 401(a) Deferred Compensation Plans effective April 1, 2014, with an initial term of five (5) years, and allow the City the right to extend the Administrative Services Agreement(s) for up to two (2) additional one-year periods. It is further recommended that the City Council authorize by motion the City Manager to amend the existing Administrative Services Agreements with MassMutual and the International City/County Management Association-Retirement Corporation (ICMA-RC) for a period of up to 120 days to provide time to transition the ICMA-RC assets and accounts and finalize MassMutual’s new Administrative Services Agreement and programs. Department: Human Resources Attachments: Attachment A - Amendement to the ASA MassMutual Attachment B - Amendement to the ASA ICMA-RC Attachment C - MassMutual Draft ASA 12.6 14-0214 PURCHASE OF ONE TRAILER-MOUNTED PORTABLE GENERATOR (PUR 13-053) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the replacement purchase of one trailer-mounted portable generator from Energy Systems of Stockton, CA in the amount of $70,571.42. Department: Public Works Attachments: Attachment A - Purchase of One Trailer-Mounted Portable Generator (PUR 13-053) Attachment B - Purchase of One Trailer-Mounted Portable Generator (PUR 13-053) 12.7 14-0246 ADDENDUM TO AGREEMENT WITH HINDERLITER deLAMAS ASSOCIATES (HdL) FOR AUDIT AND INFORMATION SERVICES RELATING TO THE 3/4-CENT GENERAL TRANSACTION AND USE TAX (MEASURE A) AND DESIGNATION OF CITY REPRESENTATIVES TO EXAMINETAX RECORDS MAINTAINED BY THE STATE BOARD OF EQUALIZATION RECOMMENDATION City of Stockton Page 5 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent It is recommended that Council adopt a resolution authorizing the City Manager to execute an addendum to the already existing agreement with Hinderliter, deLamas and Associates (HdL), in the amount of $1,200, for tax audit and information services related to the ¾-cent general transactions and use tax (Measure A) approved by the voters on November 5, 2013. As additional compensation for the transaction tax information services provided pursuant to this agreement, HdL will also receive a contingent fee of 25 percent (25%) of any additional transaction and use tax revenue recovered for the City as a result of HdL’s Measure A audit and follow-up activities. It is also recommended that Council adopt a resolution appointing the City Manager, or his designee, to represent the City with authority to examine transactions and use tax records, and further designating HdL as the City’s consultant representative with authority to examine transactions and use tax records, receive allocation and/or registration information, and identify uses of that data for specific governmental functions of the City. Department: Administrative Services Attachments: Attachment A - HdL Agreement Proposed Resolution - HDL Agreement 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0258 APPOINTMENT TO THE STOCKTON PORT COMMISSION RECOMMENDATION Adopt a resolution to appoint one Commissioner to fill the vacancy on the Stockton Port Commission for a term commencing immediately upon appointment and ending December 31, 2017. Department: City Clerk City of Stockton Page 6 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: ATTACHMENT A - Press Release and Vacancy Notice ATTACHMENT B - Sylvester Aguilar Application (Redacted) ATTACHMENT C - Gene Bigler Application (Redacted) ATTACHMENT D - Carl Eck Application (Redacted) ATTACHMENT E - Richard Rogers Application (Redacted) ATTACHMENT F - Sam Toccoli Application (Redacted) ATTACHMENT G - Ralph White Application (Redacted) ATTACHMENT H - Dwight Williams Application (Redacted) ATTACHMENT I - Gene Bigler additional information Proposed Resolution - Stockton Port Commission Appointment 15.2 14-0279 DECLARING MARCH COVER STOCKTON MONTH RECOMMENDATION It is recommended that the Council adopt a Resolution declaring March as Cover Stockton Month. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Proposed Resolution - March as Covered Stockton Month 16. HEARINGS*** 16.1 14-0173 PUBLIC HEARING: APPROVE THE ADOPTION OF A NEW COMBINED COMMERCIAL FOOD SERVICE ESTABLISHMENT AND WATER QUALITY CONTROL INSPECTION FEE RECOMMENDATION This public hearing is to consider public comment and testimony regarding the approval of a resolution amending the Fiscal Year 2013-2014 Schedule of Fees by adding a new Commercial Food Service and Water Quality Control combined inspection fee. The new inspection fee will reimburse the City for staff time and associated costs of conducting the annual inspection and will reduce costs by $78 per inspection for commercial food service establishments through consolidating and reducing the total number of required annual inspections. At the conclusion of the public hearing, it is recommended that the City Council adopt a resolution and approving an amendment to the 2013-2014 Schedule of Fees by adding a Commercial Food Service Establishment Water Quality Control Inspection Fee. City of Stockton Page 7 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Department: Municipal Utilities Attachments: Attachment A - AMENDMENT TO 2013-2014 FEE SCHEDULE Proposed Resolution - Food Service Establishment Fee 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-0169 ANNUAL FILING PERIOD FOR STATEMENTS OF ECONOMIC INTEREST - FORM 700 NOTIFICATION This item is to serve as notification to department staff, board and commission members, and elected and appointed officials, of the filing requirement and approaching deadline for the annual Statement of Economic Interest Statement (Form 700) filing. Completed statements are required to be filed with the Office of the City Clerk by April 1, 2014, as set by the Fair Political Practices Commission. The reporting period covered is January 1, 2013 through December 31, 2013. Department: City Clerk City of Stockton Page 8 Printed on 2/27/2014 City Council/Successor Agency to Meeting Agenda - Final March 4, 2014 the Redevelopment Agency/Public Financing Authority Concurrent *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 . ***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. **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. 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. 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 9 Printed on 2/27/2014