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 AuthorityConcurrent 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, August 12, 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 14-0821 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. Department: City Attorney 3.2 14-0824 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 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 14-0953 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Manager 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 14-0767 PURCHASE OF ANCILLARY EQUIPMENT RECOMMENDATION City of Stockton Page 2 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent It is recommended that City Council adopt a resolution appropriating additional revenue and expenditure budget in the amount of $77,500 in the Police Grants and Special Programs Fund Fiscal Year 2014-15 Budget, authorizing the purchase of rifles and other ancillary equipment for use by Police Department personnel from the vendors specified. Department: Police Attachments: Attachment A - Safety Committee Rifle Recommendation Attachment B - Stockton Police Foundation Letter Proposed Resolution - Police Foundation Budget for Rifles 12.2 14-0831 AWARD A CONSTRUCTION CONTRACT TO SIEMENS INDUSTRY, INC. FOR THE CESAR CHAVEZ LIBRARY HEATING, VENTILATING, AND AIR CONDITIONING (HVAC) CONTROLS (PROJECT NO. 11-24) RECOMMENDATION It is recommended that the City Council approve a motion to adopt the plans and specifications, and authorize the City Manager to execute a Construction Contract to the lowest responsible bidder, Siemens Industry, Inc. of West Sacramento, CA, in the amount of $215,000 for the Cesar Chavez Library Heating, Ventilating, and Air Conditioning (HVAC) Controls (Project No. 11-24). 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 - Vicinity Map - Cesar Chavez Library HVAC Controls - 11-24 Attachment B - Contract - Siemens Industry Inc 12.3 14-0835 AUTHORIZATION OF ANNUAL SERVICE AGREEMENT WITH SAN JOAQUIN PARTNERSHIP TO ASSIST WITH ECONOMIC DEVELOPMENT ACTIVITIES RECOMMENDATION It is recommended that the City Council adopt a resolution approving findings and authorizing the City Manager to execute a 12-month service agreement in the amount of $76,500 for fiscal year 2014-15 with the San Joaquin Partnership pursuant to the prescribed scope of services. Department: Economic Development City of Stockton Page 3 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - 2014 Objectives Attachment B -San Joaquin Partnership's 2013-14 Annual Report Attachment C - Quarterly Report Proposed Resolution - SJP Exhibit 1 - SJP Contract FY14-15 12.4 14-0850 APPROVE AN AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR THE MARCH LANE ADAPTIVE TRAFFIC CONTROL SYSTEM (PROJECT NO. 13-12/FEDERAL PROJECT NO. CML-5008(127)) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute an Amendment to Professional Services Master Contract with Kimley-Horn and Associates, Inc., in the amount of $99,899, for design services for the March Lane Adaptive Traffic Control System (Project No. 13-12/Federal Project No. CML-5008(127)). 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 - Map - March Lane Adaptive Traffic Control Attachment B - Amendment to Professional Services Master Contract Kimley-Horn 12.5 14-0856 LEASE OF EXCESS LAND - DELTA WATER SUPPLY PROJECT (DWSP) SITE RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing a lease agreement for the lease of excess land located at the Delta Water Supply Project (DWSP) site; and 2. Authorizing the City Manager to take any and all necessary and appropriate steps to carry out the purpose and intent of this resolution. Department: Economic Development City of Stockton Page 4 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - Resolution No. 05-0493 Attachment B - Vicinity Map Attachment C - Aerial Map Attachment D - Site Map Proposed Resolution - DWSP Farm Easement Lease Exhibit 1 - Roy Yates Lease Agreement 12.6 14-0916 APPROVAL OF CITY COUNCIL MINUTES Approve City Council minutes from the May 27, 2014 and May 28, 2014 Special City Council Budget Study Session meetings and the June 24, 2014 regular City Council meeting. Department: City Clerk Attachments: 2014-05-27 Special City Council Study Session Minutes - Budget 2014-05-28 Special City Council Study Session Minutes - Budget 2014-06-24 City Council Minutes 12.7 14-0926 APPROVE THE MAYOR’S YOUTH COMMISSION’S “TURN UP AT THE POINT” SPECIAL EVENT AS A CITY PRODUCED EVENT RECOMMENDATION It is recommended that the City Council adopt a motion to approve the Mayor’s Youth Commission’s “Turn Up at the Point” special event as a City event and authorize expenditures in support of this event in an amount not to exceed $6,000 to be allocated from the City Council Strategic Priorities funding. It is further recommended that this motion also authorize the City Manager to take other action that is necessary to carry out the intent of the motion, including entering into contracts and carrying out financial transactions in support of the event. Department: City Manager 12.8 14-0933 APPROVE FINDINGS JUSTIFYING AN EXCEPTION TO THE COMPETITIVE BIDDING PROCESS TO ALLOW SMG TO ENTER INTO A CONTRACT WITH AMERICAN CHILLER SERVICE FOR THE REPAIR OF THE HVAC AT THE STOCKTON ARENA RECOMMENDATION It is recommended that the City Council approve by motion findings for an exception to the competitive bidding process to allow SMG to enter into a contract with American Chiller Services in the amount of $86,000 for the repair of the HVAC at the Stockton Arena which was approved in the 2014-2019 Capital Improvement Plan. City of Stockton Page 5 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Department: Community Services 12.9 14-0949 APPROVE REVISED MAYORAL APPOINTMENT TO THE SAN JOAQUIN AREA FLOOD CONTROL AGENCY RECOMMENDATION Adopt a resolution amending the Mayoral Appointment to the San Joaquin Area Flood Control Agency. Department: City Clerk Attachments: Attachment A - City Council Committee Roster - Redline Version Proposed Resolution - Mayoral Appointments to Council Committees Exhibit 1 - City Council Committee Roster 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0773 RESPONSE TO 2013 - 2014 CIVIL GRAND JURY FINAL REPORT FOR CITY OF STOCKTON AND THE BROWN ACT, CASE NO. 1113 RECOMMENDATION It is recommended that the City Council adopt by motion action the City of Stockton’s Response to the 2013 - 2014 Civil Grand Jury Report for Investigating Case No. 1113 relating to the Brown Act; and direct the City Manager to sign the response on behalf of the City and to transmit the response to the Presiding Judge of the Superior Court of San Joaquin County. Department: City Manager Attachments: Attachment A - 2013-2014 Grand Jury Report Stockton City Council Attachment B - Response Letter - Stockton CC and the Brown Act 2014-08-12 15.2 14-0903 RESPONSE TO 2013 - 2014 CIVIL GRAND JURY FINAL REPORT FOR AGENCY APPROVAL OF RESPONSES TO GRAND JURY REPORTS, CASE NO. 1613 RECOMMENDATION It is recommended that the City Council adopt by motion action the City of Stockton’s Response to the 2013 - 2014 Civil Grand Jury Report for Investigating Case No. 1613 relating to the City’s approval of responses City of Stockton Page 6 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent to Grand Jury Reports; and direct the City Manager to sign the response on behalf of the City and to transmit the response to the Presiding Judge of the Superior Court of San Joaquin County. Department: City Manager Attachments: Attachment A - 2013-2014 Grand Jury Report:Agency Approval of Responses Attachment B - Response Letter City Approval Responses Grand Jury Reports 16. HEARINGS*** 16.1 14-0848 PUBLIC HEARING: APPROVE AN OFFICE AND INDUSTRIAL SALES TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF STOCKTON AND DIESEL DIRECT WEST INCORPORATED AND AMEND THE OFFICE AND INDUSTRIAL SALES TAX INCENTIVE PROGRAM GUIDELINES RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the execution of an Office and Industrial Sales Tax Incentive Agreement between the City of Stockton and Diesel Direct West, Inc.; 2. Amending the Office and Industrial Sales Tax Incentive program guidelines to disqualify businesses currently located within San Joaquin County, with the exception of the City of Stockton, from participating in the program; 3. Authorizing the City Manager or his designee to make appropriations amending the Fiscal Year 2014-15 General Fund Sales Tax budget to recognize additional sales tax revenue and associated rebates per the agreement; and, 4. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Reso 2014-06-24-1505 Proposed Resolution - Sales Tax Incentive Agreement Exhibit 1 - Incentive Agreement - DDW Exhibit 2 - Amended Program Guidelines 17. COUNCIL COMMENTS City of Stockton Page 7 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-0752 ANNUAL BOARD AND COMMISSION REPORT FOR THE CENTRAL PARKING DISTRICT ADVISORY BOARD FOR THE PERIOD COVERING JULY 1, 2013 THROUGH JUNE 30, 2014 Report of Chair Kevin Dougherty for the 12 month period ending June 30, 2014. Department: Economic Development Attachments: 2014-07-16 Central Parking District Advisory Board Annual Report 2 14-0804 ANNUAL BOARD AND COMMISSION REPORT FOR THE COMMUNITY DEVELOPMENT COMMITTEE FOR THE PERIOD COVERING JULY 1, 2013 THROUGH JUNE 30, 2014 Report of Chair Justin Redman for the 12 month period ending June 30, 2014. Department: Economic Development Attachments: 2014-07-16 Community Development Committee Annual Report 3 14-0805 ANNUAL BOARD AND COMMISSION REPORT FOR THE SUCCESSOR AGENCY OVERSIGHT BOARD FOR THE PERIOD COVERING JULY 1, 2013 THROUGH JUNE 30, 2014 Report of Chair Paul Sensibaugh for the 12 month period ending June 30, 2014. Department: Economic Development Attachments: Oversight Board Annual Report City of Stockton Page 8 Printed on 8/6/2014 City Council/Successor Agency to Meeting Agenda - Final August 12, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent *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 8/6/2014