City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking 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, December 16, 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 14-0872 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) City of Stockton Page 1 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 14-0880 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 14-1245 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 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* City of Stockton Page 2 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 12. CONSENT AGENDA 12.1 14-1170 MID-YEAR APPROPRIATION AND AWARD A SERVICE CONTRACT TO WEST COAST ARBORISTS, INC. FOR THE WESTON RANCH TREE TRIMMING, PROJECT NO. PW 14-34 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to make a mid-year appropriation from Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 (the District), Zone B-2, Weston Ranch, Reserve for Continuing Appropriations, to Zone B-2, Maintenance and Repair Services. It is also recommended that the City Council approve a motion adopting plans and specifications, and authorizing the City Manager to execute a Service Contract with West Coast Arborists, Inc., of Stockton, CA, in the amount of $92,926, for the Weston Ranch Tree Trimming, Project No. PW 14-34. 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 and resolution. Department: Public Works Attachments: Attachment A - Vicinity Map Weston Ranch Tree Trimming Attachment B - Service Contract Weston Ranch Tree Trimming Proposed Resolution - Weston Ranch Tree Trimming 12.2 14-1184 AWARD A CONTRACT FOR PARKING MANAGEMENT AND OPERATIONS AS PART OF BANKRUPTCY NEGOTIATIONS AND SETTLEMENT AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the Parking Authority by motion: 1. Approve an agreement between the Parking Authority and SP Plus Corporation for Parking Management and Operations services in the Downtown Parking District; and 2. Authorize the Executive Director to take all appropriate actions to carry out the purpose and intent of this motion. Department: Economic Development Attachments: Attachment A - RFP PUR 14-026 Attachment B - Boundary Map Downtown Parking District Attachment C - Management Agreement Attachment D - Resolution 2013-12-17-1209 12.3 14-1202 APPROVE AMENDMENT TO PROFESSIONAL SERVICES MASTER City of Stockton Page 3 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent CONTRACT WITH SIEGFRIED ENGINEERING, INC. FOR THE DESIGN OF THE 2015 SANITARY SEWER REHABILITATION, PROJECT NO. M15005 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 Siegfried Engineering, Inc., of Stockton, CA, in the amount of $49,900, to prepare plans and specifications for the 2015 Sanitary Sewer Rehabilitation project. 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 - 2015 Sanitary Sewer Rehab Attachment B - Amendment with Siegfried Engineering 12.4 14-1229 MOTION APPROVING AND ACCEPTING PUBLIC ART FOR MCKINLEY PARK COMMUNITY CENTER WALL Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving the Public Art Advisory Committee (PAAC) recommendation to accept a gift of public art installed at McKinley Park Community Center wall 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 - McKinley Mural Design 12.5 14-1230 APPROVE FINDINGS JUSTIFYING AN EXCEPTION TO THE COMPETITIVE BIDDING PROCESS TO ALLOW SMG TO ENTER INTO A CONTRACT WITH AMERICAN CHILLER SERVICES IN THE AMOUNT OF $58,000 FOR THE REPAIR AND REBUILD OF ONE OF THE TWO CHILLERS AT THE STOCKTON ARENA Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion, findings which support and justify an exception to the competitive bidding process to allow SMG to enter into a contract with American Chiller Services in the amount of $58,000 for the rebuild and repair of one of two chillers at the Stockton Arena as approved in the 2014-2019 Capital Improvement Plan. Department: Community Services 12.6 14-1231 APPROVE FINDINGS JUSTIFYING AN EXCEPTION TO THE COMPETITIVE BIDDING PROCESS AND ALLOW SMG TO ENTER INTO CONTRACTS WITH VENDORS NOT TO EXCEED $236,000 City of Stockton Page 4 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent FOR THE PURCHASE OF POINT-OF-SALE SYSTEMS AND RELATED COMPONENTS FOR SMG STOCKTON ENTERTAINMENT VENUES Recommended Action: 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 contracts with vendors for a total amount not to exceed $236,000 for purchase of Point-of-Sale Systems (POS) and related components for three of the four Stockton entertainment venues operated by SMG. Department: Community Services 12.7 14-1232 ADOPT A MOTION REAPPOINTING GARY PUTNAM AND DAVID HARRINGTON TO THE PUBLIC ART ADVISORY COMMITTEE Recommended Action: RECOMMENDATION Adopt a motion reappointing Gary Putnam and David Harrington to the Public Art Advisory Committee as recommended by the Stockton Arts Commission with terms that will begin on January 1, 2015, and end December 31, 2017. Department: Community Services Attachments: Attachment A - Candidate Applications 12.8 14-1239 ADOPT A MOTION TO APPOINT DONNA ARMSTRONG AND CRAIG VINCENT TO THE STOCKTON ARTS COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to appoint Donna Armstrong and Craig Vincent to the Stockton Arts Commission. Department: Community Services Attachments: Attachment A - SAC Applications Redacted 12.9 14-1240 APPROVE CONSTRUCTION CONTRACT WITH MCI ENGINEERING, INC. FOR THE 2014 ON-CALL LARGE DIAMETER SEWER REPAIR SERVICES PROJECT - RE-BID Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving the specifications, and authorizing the City Manager to execute a construction contract with MCI Engineering, Inc. of Stockton, in the amount of $1,118,450 for the 2014 On-Call Large Diameter Sewer Repair Services Project - Re-Bid. Department: Municipal Utilities Attachments: Attachment A - Contract Sewer Repair Services 12.10 14-1241 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES MASTER AGREEMENT WITH ROBERTSON-BRYAN, INC FOR City of Stockton Page 5 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent WASTEWATER DISCHARGE PERMIT COMPLIANCE AND PROGRAM SUPPORT SERVICES 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 Agreement with Robertson-Bryan, Inc. to provide National Pollutant Discharge Elimination System (NPDES) Wastewater Discharge Permit compliance and program support services in the amount of $2,126,941 for the length of the permit with possible annual extensions until new permit issuance in 2019. Department: Municipal Utilities Attachments: Attachment A - RBI Contract Amendment 12.11 14-1243 APPROVAL OF LOANS TO VISIONARY HOME BUILDERS FOR THE GRAND VIEW VILLAGE PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving a $330,000 Community Development Block Grant (CDBG) loan to Visionary Home Builders of California (Visionary) for the purpose of acquiring property located at 228 and 240 North Hunter Street for development of the Grand View Village affordable housing project; 2. Approving a $137,547 Community Housing Development Organization (CHDO) predevelopment loan through the HOME Investment Partnerships Program (HOME) for predevelopment costs related to the project; 3. Approving the allocation of 100 low-income housing units to the Grand View Village project pursuant to Article XXXIV of the California Constitution; and 4. Authorizing the City Manager, or his designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Conceptual Plan Attachment C - Miner Avenue Streetscape Attachment D - Loan Agreement Proposed Resolution Grand View Village 12.12 14-1259 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: Approve the minutes of October 21, 2014 and November 4, 2014 City Council meetings. Department: City Clerk City of Stockton Page 6 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: 2014-10-21 City Council Minutes 2014-11-04 City Council Minutes 12.13 14-1270 NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION RESULTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt the Resolution accepting the results of the November 4, 2014 General Municipal Election as certified by the San Joaquin County Registrar of Voters. Department: City Clerk Attachments: Proposed Resolution Certifying 2014 General Election Results Exhibit 1 - Certificate of Election Exhibit 2 - Statement of Votes 12.14 14-1295 CHARTER REVIEW ADVISORY COMMISSION MEMBERSHIP Recommended Action: RECOMMENDATION Resolution ratifying the Mayor's appointment of LaJuana Bivens and Aaron Edwards to the Charter Review Advisory Commission (CRAC), filling the seats vacated by Commissioners Seligman and Dougherty. Department: City Clerk Attachments: Attachment A - Bivens and Edwards Applications Proposed Resolution - Appointing Members to the CRAC 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-1209 ADOPTION OF AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE SECTION 10.12.220 REGARDING ACCESS BY BICYCLES TO LISTED ZONING DISTRICTS, AMENDING THE TITLES OF THE LISTED ZONING DISTRICTS AND DELINIATING EXEMPTIONS FOR PUBLIC SAFETY BICYCLES AND LAWFULLY OPERATING PEDICABS. Recommended Action: RECOMMENDATION Pursuant to the direction of the Council Legislation and Environment Committee, this ordinance is being presented for Council consideration. It is recommended that the Council consider adopting amendments to Stockton Municipal Code section 10.12.220 which would delete obsolete zoning districts and replace them with current zoning districts, clarify access by bicycles and pedicabs to specified areas and provide an exemption for public safety bicycles. City of Stockton Page 7 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: City Attorney Attachments: Attachment A - Ordinance Redlined Version Proposed Ordinance - Municipal Code Amendment 15.2 14-1260 ADOPTING THE 2015 STATE AND FEDERAL LEGISLATIVE PROGRAMS Recommended Action: RECOMMENDATION It is recommended that by motion action, the City Council adopt the 2015 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 - 2015 State Legislative Program redline Attachment B - 2015 Federal Legislative Program redline Attachment C - 2015 State Legislative Program Final Attachment D - 2015 Federal Legislative Program 16. HEARINGS*** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-1227 CURRENTLY RECRUITING FOR VARIOUS BOARDS AND COMMISSIONS Department: City Clerk 2 14-1301 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2015 This notice is given in compliance with the requirements of the Maddy Act, California Government Code Section 54970 et. seq. Department: City Clerk Attachments: 2015 Local Appointments List Maddy Act City of Stockton Page 8 Printed on 12/16/2014 City Council/Successor Agency to Meeting Agenda December 16, 2014 the Redevelopment Agency/Public Financing Authority/Parking 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 12/16/2014