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 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, October 7, 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 14-0867 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 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 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 14-0875 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 14-1067 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 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 City of Stockton Page 2 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 14-0644 PURCHASE 48 TERABYTES OF EXAGRID BACKUP STORAGE AND AUTHORIZE AN RFP FOR DATA SYSTEMS STORAGE AND RECOVERY SOLUTIONS Recommended Action: RECOMMENDATION Recommend the City Council authorize by motion the purchase of 48 Terabytes of Exagrid Backup Storage from CDW-G in the amount of $58,585. Recommend the City Council approve by motion findings which support and justify an exception to the competitive bidding process under Section 3.68.070 of the Stockton Municipal Code and authorize the issuance of a Request for Proposal for data systems storage and recovery solutions and to make recommendations for system selection to City management and City Council. Department: Administrative Services Attachments: Attachment A - Quote for Exagrid Storage 12.2 14-0737 PURCHASE 39 RADIOS FOR THE MUNICIPAL UTILITIES DEPARTMENT Recommended Action: RECOMMENDATION Recommend that the City Council approve a motion to: 1) approve findings that support an exception to competitive bidding, and 2) authorize the City Manager to purchase under the cooperative purchasing agreement between the County of Los Angeles and Motorola Solutions, Inc. thirty-nine (39) Motorola handheld radios in the amount of $59,550.37 plus tax. Department: Administrative Services Attachments: Attachment A - Los Angeles County Cooperative Agreement.pdf Attachment B - Motorola eCat - 39 - XTS 2500 Radios Attachment C - Quote from Motorola for 39 Radios for MUD 12.3 14-0769 ACCEPT 360 DEGREE PROCUREMENT EFFICIENCY REPORT FINDINGS AND APPROVE PROCUREMENT CONTRACT FOR PROCUREMENT TRANSFORMATION SUPPORT City of Stockton Page 3 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Recommended Action: RECOMMENDATION Recommend that the City Council approve a motion accepting the 360 Degree Procurement Efficiency Report prepared by Strategic Procurement Solutions, LLC, and approve findings that support an exception to the competitive bidding process for services to implement the recommendations in an amount not to exceed $164,000 with Strategic Procurement Solutions, LLC. It is also recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Administrative Services Attachments: Attachment A - 360 Degree Procurement Efficiency Report Attachment B - Professional Services Contract 12.4 14-0966 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH CDM SMITH TO PROVIDE SUPPORT FOR WASTEWATER TREATMENT OPERATIONS Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute an Amendment to the Professional Services Master Contract with CDM Smith of Sacramento for a not-to-exceed amount of $89,000 to provide continued consulting services for wastewater treatment plant operations support to meet production and compliance requirements (Attachment A - Contract Amendment). Department: Municipal Utilities Attachments: Attachment A - CDM Smith Contract Amendment 12.5 14-1019 APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH NES, INC. FOR MUNICIPAL UTILITIES DEPARTMENT (MUD) SAFETY PROGRAM DEVELOPMENT CONSULTING SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Professional Services Contract with NES, Inc. of Folsom, California to provide Safety Program Development Services for the Municipal Utilities Department (MUD) in the amount of $369,381, including reimbursable expenses (Attachment A - NES Contract). 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 - NES Contract - MUD Safety Program 12.6 14-1026 AGREEMENT WITH RESOLVE MARINE GROUP, INC., FOR THE PURPOSE OF EXECUTING VESSEL FIREFIGHTING RESPONSE PLANS City of Stockton Page 4 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Recommended Action: RECOMMENDATION: It is recommended that the City Council approve a motion authorizing the City Manager to execute any and all documents necessary to enter into an agreement with Resolve Marine Group, Inc., a vessel emergency response and salvage company, for the purpose of executing vessel firefighting response plans, for a term of five years, with the option to extend the agreement for two additional five-year terms. Department: Fire Attachments: Attachment A - Resolve Marine Group Agreement 12.7 14-1028 APPROVE AN AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH STANTEC CONSULTING, INC. FOR THE PERSHING AVENUE ADAPTIVE TRAFFIC CONTROL SYSTEM (PROJECT NO. 13-11/FEDERAL PROJECT NO. CML-5008(126)) Recommended Action: 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 Stantec Consulting, Inc., in the amount of $98,668, for design services for the Pershing Avenue Adaptive Traffic Control System (Project No. 13-11/Federal Project No. CML-5008(126)). 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 - Pershing Avenue Attachment B - Contract with Stantec Consulting - Pershing Avenue 12.8 14-1033 APPROVE A PROFESSIONAL SERVICES AGREEMENT AND APPROVE THE FILING OF A NOTICE OF EXEMPTION (CE015-14) FOR THE SAFE ROUTES TO SCHOOL PILOT PROGRAM EXPANSION (PROJECT NO. 12-06) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Professional Services Agreement with Safe Moves, of Van Nuys, CA, a non-profit organization, in the amount of $350,000, for the education, encouragement, and evaluation portions of the Safe Routes to School (SRTS) Pilot Program Expansion, Project No. 12-06. It is also recommended that the City Council adopt a resolution authorizing the filing of Notice of Exemption No. CE015-14 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 5 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - Location Map - Safe Routes to School Attachment B - Professional Services Agreement - Safe Moves - SRTS Pilot Program Proposed Resolution - Safe Routes to School Exhibit 1 - Safe Routes to School 12.9 14-1050 HOUSING REHABILITATION LOAN FOR PROPERTY LOCATED AT 703 EAST FIFTH STREET Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve a combination of a $55,000 Community Development Block Grant (CDBG) loan and a $60,000 CalHome Loan to Jacqueline Stewart for repairs to her property located at 703 East Fifth Street; and 2. Authorize 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 Attachments: Attachment A - Vicinity Map Attachment B - Housing Program Guidelines Attachment C - Resolution 08-0460 Attachment D - Site Photos Attachment E - CDBG and CalHome Loan Agreements Attachment F - Promissory Notes Attachment G - Deed of Trust 12.10 14-1054 FIVE YEAR TERM EXTENSION OF THE DEVELOPMENT OVERSIGHT COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving a 5-year term extension of the Development Oversight Commission; 2. Reappointing current members of the Commission for the 5-year term extension; 3. Setting a deadline of June 30th of each year for staff to deliver an independent accounting report on fee funds; and 4. Setting a quarterly meeting schedule. Department: Community Development Attachments: Attachment A - Resolution 09-0319 Attachment B - Resolution 09-0209 Proposed Resolution - DOC Extension City of Stockton Page 6 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 12.11 14-1066 MOTION AUTHORIZING AGREEMENTS WITH LODI UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION BY DISTRICT OF SECURITY FENCING AROUND JOINT USE SOFTBALL FIELDS AT DENTONI PARK AND CORTEZ PARK Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving and authorizing two operational agreements for Cortez and Dentoni Park Softball Diamonds for the purpose of authorizing Lodi Unified School District construction of security fencing and gates around the softball fields; and authorizing the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Dentoni Park Lodi Unified Operations Agreement Attachment B - Cortez Park Lodi Unified Operations Agreement 12.12 14-1133 APPROVAL OF CITY COUNCIL MINUTES Approve the minutes of September 30, 2014 Special Closed Session City Council meeting. Department: City Clerk Attachments: Special Closed Session City Council Minutes of September 30, 2014 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-1073 AMENDMENT OF STOCKTON MUNICIPAL CODE ARTICLE V REGARDING JUNK METAL PURCHASES IN THE CITY OF STOCKTON Recommended Action: RECOMMENDATION It is recommended the City Council adopt an ordinance to clarify operational procedures for recyclers and junk dealers and align the Stockton Municipal Code with existing State law. Department: Police Attachments: Attachment A - Metal Theft Ordinance (Redline Version).pdf Proposed Ordinance - Metal Theft.docx 16. HEARINGS*** 16.1 14-0141 AMENDMENTS TO THE STOCKTON MUNICIPAL CODE CONCERNING THE HOLDING PERIODS FOR DOGS AND CATS City of Stockton Page 7 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent FOUND AT LARGE AND OTHER AMENDMENTS TO THE ANIMAL SERVICES ORDINANCE Recommended Action: RECOMMENDATION Adopt an ordinance amending the Stockton Municipal Code (1) to conform to existing State law the time that a stray dog or cat must be held at the Shelter before it may be adopted, transferred or euthanized, (2) to provide discretion to Animal Shelter staff concerning impounding animals, (3) to provide discretion to Animal Shelter staff to decline animal surrenders when conditions at the Shelter would put other animals at the Shelter at risk if the Shelter accepted the surrender and to permit the Shelter to allow the immediate adoption or transfer or any owner surrendered animal, (4) to allow "community cats" to be exempt from the Animal Ordinance and (5) to make other amendments to the Animal Services Ordinance to conform to State law. Department: Police Attachments: Attachment A - Animal Services Ordinance (Redline Version) Proposed Ordinance re Animal Control.docx 16.2 14-1081 APPROVAL OF AN AGREEMENT WITH A CREDITOR UNDER BANKRUPTCY PLAN OF ADJUSTMENT: 7TH INNING STRETCH (STOCKTON PORTS) BALLPARK LICENSE 2nd AMENDMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the Settlement of a Certain Claim Asserted in Connection with the City's Bankruptcy Case relating to the Events Center Ball Park License Agreement with 7th Inning Stretch (Stockton Ports). Department: Community Services Attachments: Proposed Resolution - 7th Inning Stretch Exhibit A - 7th Inning Stretch (Stockton Ports) Stockton Ballpark License 2nd Amendment 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-1059 ANNUAL BOARD AND COMMISSION REPORT FOR THE STOCKTON ARTS COMMISSION FOR THE PERIOD COVERING SEPTEMBER 1, 2013 THROUGH AUGUST 31, 2014 Report of Chair Alicia Arong for the 12 month period ending August 31, 2014. Department: Community Services Attachments: Stockton Arts Commission Annual Report City of Stockton Page 8 Printed on 10/2/2014 City Council/Successor Agency to Meeting Agenda October 7, 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 10/2/2014