City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - - Revised 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 18, 2014 3:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 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 3.1 14-0285 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Six Seven 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 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Name of Case: City of Stockton v. Central San Joaquin Water Conservation District, et al. (San Joaquin County Superior Court Case No. 39-2009-00231427) Name of Case: Stockton Professional Firefighters, Local 456 v. S. Jeff Piechura, et al. (San Joaquin County Superior Court Case No. 39-2013-00301664) Name of Case: Animal Legal Defense Fund v. City of Stockton, et al. (San Joaquin County Superior Court Case No. 39-2014-00308593) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 14-0286 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 3.3 14-0351 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 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL City of Stockton Page 2 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 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 14-0185 CONTRACT FOR COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY RECOMMENDATION It is recommended that the City Council authorize, by motion, the execution of an amendment to the professional services master contract with Economic & Planning Systems, Inc. for the second phase of a comprehensive development impact fee study (Attachment A). Department: Community Development Attachments: Attachment A - Amendment to Professional Services Master Contract Exhibit A to Attachment A Exhibit B to Attachment A 12.2 14-0187 AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. - DR. MARTIN LUTHER KING JR. BOULEVARD AND MARIPOSA ROAD BUS RAPID TRANSIT, PHASE IV (PROJECT NO. 13-03/FEDERAL PROJECT NO. CML-5008(123)) RECOMMENDATION It is recommended that the City Council approve a motion authorizing an Amendment to Professional Services Master Contract with Kimley-Horn and Associates, Inc. in the amount of $125,560 for design services for the Dr. Martin Luther King Jr. Boulevard (MLK Boulevard) and Mariposa Road Bus Rapid Transit, Phase IV (Project No. 13-03/Federal Project No. CML-5008(123)). 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 City of Stockton Page 3 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - Vicinity Map - BRT Phase IV Attachment B - Amendment to Professional Services Master Contract with Kimley-Horn and Asso 12.3 14-0191 ACQUISITION OF A PERMANENT WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE DELTA WATER SUPPLY PROJECT RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acquisition of a permanent waterline easement and a temporary construction easement in connection with the Delta Water Supply Project. Department: Economic Development Attachments: Attachment A - Resolution No. 05-0493 Attachment B - Resolution No. 09-0265 Attachment C - Vicinity Map Attachment D - Aerial Map Attachment E - Resolution No. 09-0151 Proposed Resolution - Easement Acquisition Exhibit 1 - Agreement Sanguinetti 12.4 14-0203 SUMMARY ABANDONMENT OF A STREET AND HIGHWAY EASEMENT ON A PORTION OF ANDERSON STREET RECOMMENDATION It is recommended that the Council adopt a resolution for the summary abandonment of a portion of a street and highway easement on a segment of Anderson Street located on APN 163-300-23. Department: Economic Development Attachments: Attachment A - Vicinity Map - Anderson Abandonment Attachment B - Aerial Map - Anderson Abandonment Proposed Resolution - Anderson Abandonment Exhibit 1 - Anderson Abandonment Exhibit 2 - Anderson Abandonment 12.5 14-0208 APPROVE DESIGN CONTRACT WITH WMB ARCHITECTS, INC. FOR THE WATER FIELD OFFICE IMPROVEMENTS PROJECT RECOMMENDATION It is recommended that the City Council approve by motion authorizing City of Stockton Page 4 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent the City Manager to execute an Amendment to the Professional Services Master Contract for Building and Architectural Services with WMB Architects, Inc. of Stockton in the amount of $72,000 for design and related services for the Water Field Office Improvements Project . Department: Municipal Utilities Attachments: Attachment A - Amendment to Professional Services Master Contract - Water Field Office Tenant 12.6 14-0215 AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH QUALITY TRAFFIC DATA, LLC - CONDUCTING TRAFFIC VOLUME COUNTS, CLASSIFICATION COUNTS, AND SPEED ZONE SURVEYS RECOMMENDATION It is recommended that the City Council approve a motion authorizing an Amendment to Professional Services Master Contract with Quality Traffic Data, LLC in the amount of $36,790 for conducting traffic volume counts, classification counts, and speed zone surveys. 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 Attachments: Attachment A - Amendment to Professional Services Master Contract with Quality Traffic Data, L 12.7 14-0244 AUTHORIZE SUBORDINATION OF A CITY LOAN PROVIDED TO WESTGATE COMMUNITY ASSOCIATES, L.P. (VISIONARY HOME BUILDERS) FOR THE WESTGATE TOWNHOMES RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing subordination of a City loan provided to Westgate Community Associates, L.P. (Visionary Home Builders) for the Westgate Townhomes affordable housing complex to new rehabilitation loans; and 2. Authorizing the City Manager, or his designee, to execute the Subordination Agreement(s) and take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Subordination Agreement 12.8 14-0250 MOTION AUTHORIZING RELEASE OF REQUEST FOR PROPOSALS City of Stockton Page 5 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent (RFP) FOR THE OPERATION OF ARNAIZ SOFTBALL COMPLEX RECOMMENDATION It is recommended that the City Council adopt a motion approving the findings and authorizing a Request for Proposals (RFP) for the management, operation, and maintenance of Arnaiz Softball Complex; and authorizing the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services 12.9 14-0251 REPLACEMENT PURCHASE OF SEVEN POLICE PATROL MOTORCYCLES RECOMMENDATION It is recommended that the City Council approve a motion to approve findings and authorize the purchase of seven 2014 BMW R1200RT-P police patrol motorcycles through the County of Los Angeles’ contract with Long Beach BMW Motorcycles of Long Beach, CA in the amount of $184,731.61. 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 Attachments: Attachment A - Motorcycle Cost Comparison Attachment B - Quote from Long Beach BMW Motorcycles 12.10 14-0252 APPROVE PURCHASE OF A BIOSOLIDS PUMP FROM SCHWING BIOSET FOR THE REGIONAL WASTEWATER CONTROL FACILITY RECOMMENDATION It is recommended that the City Council approve by motion findings for an exception to the competitive bid process and authorize the purchase and installation of a biosolids pump for use at the Regional Wastewater Control Facility from Schwing Bioset of Somerset Wisconsin in the amount of $339,200 (Attachment A). It is further recommended that the City Manager be authorized to take appropriate action to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Schwing Cost Proposal 12.11 14-0335 RESTORATION WORK AT STEWART EBERHARDT BUILDING (SEB) RECOMMENDATION City of Stockton Page 6 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent None. For information only. Department: Public Works 12.12 14-0306 APPROVAL OF CITY COUNCIL MINUTES Approve for filing the minutes from the November 19, 2013; December 17, 2103; January 14, 2014; and, January 28, 2014 regular Council meetings; and, November 12, 2013 Special Council meeting. Department: City Clerk Attachments: 2013-11-19 Council Minutes for Approval 2013-12-17 Council Minutes for Approval 2014-01-14 Council Minutes for Approval 2014-01-28 Council Minutes for Approval 2013-11-12 Special Council Minutes for Approval 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0293 CITY OF STOCKTON TRANSACTION AND USE TAX ORDINANCE CITIZENS’ OVERSIGHT COMMITTEE APPOINTMENTS RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Ratifying the following appointments to the City of Stockton Transaction and Use Tax Ordinance Citizens’ Oversight Committee: · Ned Leiba (Mayor Silva) · Don Mark Guzman (Vice Mayor Canepa) · David Renison (Councilmember Holman) · Joseph Johnson (Councilmember Miller) · Gary Ingraham (Councilmember Zapien) · Susan Mora Loyko (Councilmember Burgos Medina) · Moses Elam (Councilmember Tubbs); and, 2. Adopting the revised City of Stockton Transaction and Use Tax Ordinance Citizens’ Oversight Committee Charter that includes the provision addressing terms of the Committee members. Department: City Clerk City of Stockton Page 7 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - Measure A Citizens' Oversight Commitee Nominee Applications - Redacted Attachment B - Measure A Citizens' Oversight Charter-redlined version Proposed Resolution appointing members to the City of Stockton Transaction and Use Tax Ordin Exhibit 1 - Measure A Citizens' Oversight Committee Charter 16. HEARINGS*** 16.1 14-0142 ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 3, CHAPTER 3.68 - BIDDING, CONTRACTING AND PURCHASING PROCEDURES, ARTICLE I - GENERAL PROVISIONS, SECTION 3.68.090- LOCAL BUSINESS PREFERENCE RECOMMENDATION It is recommended that the City Council adopt an ordinance amending Stockton Municipal Code, Title 3, Chapter 3.68 Bidding, Contracting and Purchasing Procedures, Article I, Section 3.68.090- Local Business Preference, which will give a five percent (5%) bid preference to businesses located within the City of Stockton, a two percent (2%) bid preference to businesses located within the County of San Joaquin, and eliminating the sales tax limitation, which currently prevents application of the preference to services. Department: Economic Development Attachments: Attachment A - Ordinance 011-05 Attachment B - Ordinance Amending SMC Title 3, Chapter 3.68 (red line version) Proposed Ordinance Amending SMC Title 3, Chapter 3.68 16.2 14-0056 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 1,500 SQUARE-FOOT CONVENIENCE STORE AT 4511 PACIFIC AVENUE (P13-163) RECOMMENDATION It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s denial of the request for a Use Permit to upgrade the off-sale of beer and wine (Type 20 License) to the off-sale of general alcoholic beverages (Type 21 License) in an existing convenience store at 4511 Pacific Avenue. Department: Community Development City of Stockton Page 8 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - Appeal Letter Attachment B - Project Location Maps Attachment C - November 14, 2013 Planning Commissio Staff Report Attachment D - Findings for Denial Proposed Resolution-Affirming Planning Commission's Denial 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-0047 ANNUAL FILING PERIOD FORSTATEMENTS 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 9 Printed on 3/14/2014 City Council/Successor Agency to Meeting Agenda - - Revised March 18, 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 10 Printed on 3/14/2014