City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - Final Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Anthony Silva, Mayor/Chair Elbert H. Holman Jr. (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Moses Zapien (District 4) Christina Fugazi (District 5) Michael D. Tubbs (District 6) Tuesday, January 27, 2015 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM | Regular Session 5:30 PM 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 14-1340 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 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 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 14-1341 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 14-1342 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases:Three Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.4 15-1391 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG City of Stockton Page 2 Printed on 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 14-1266 APPROVE BALANCING CONTRACT CHANGE ORDER NO. 11 WITH KNIFE RIVER CONSTRUCTION FOR THE ARCH ROAD SANITARY SEWER TRUNK LINE, PROJECT NO. M09106 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a contract change order in the amount of $55,001.09, with Knife River Construction of Stockton, California, for additional contract work for the Arch Road Sanitary Sewer Trunk Line, Project No. M09106. 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 - CCO No. 11 - Arch Road Sanitary Sewer Trunk Line 12.2 14-1271 PARTICIPATION IN THE CALIFORNIAFIRST PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution related to the City's participation in the CaliforniaFIRST Property Assessed Clean Energy (PACE) Program: 1. Authorizing the California Statewide Communities Development Authority to accept applications from property owners, conduct contractual assessment proceedings, and levy contractual assessments within the Stockton city boundaries, and authorizing related actions. 2. Authorizing the City Manager, or his designee, to execute all documents and take any actions necessary and appropriate to carry out the intent of this resolution. Department: Economic Development Attachments: Proposed Resolution - CaliforniaFirst PACE Program 12.3 14-1291 “ONE VOICE” PROJECT PRIORITIES FOR FEDERAL FISCAL YEAR City of Stockton Page 3 Printed on 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 2015-16 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the submittal of three projects to the San Joaquin Council of Governments (SJCOG) for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C. It is further recommended that the motion authorize the City Manager to execute associated agreements and undertake any other actions that may be appropriate to accept and receive the funding in the event that the funding requests are successful. Department: Public Works 12.4 14-1300 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE MID-MANAGEMENT/SUPERVISORY LEVEL UNIT (B&C) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the attached Mid-Management/Supervisory Level Unit (B&C) successor Memorandum of Understanding (MOU) effective July 1, 2014 through June 30, 2016. The City Council adoption will authorize the City Manager to execute the MOU and also authorize the City Manager to take actions appropriate to carry out the implementation of the MOU. Department: Human Resources Attachments: Attachment A - MOU Attachment B - MOU redline version 12.5 14-1307 SALE OF CITY-OWNED PROPERTY LOCATED AT 3120 MONTE DIABLO AVENUE AND A PORTION OF APN 133-060-01, STOCKTON, CA, TO THE STOCKTON ROD AND GUN CLUB Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the sale of City-owned property located at 3120 Monte Diablo Avenue and a portion of Assessor Parcel Number (APN) 133-060-01 to the Stockton Rod and Gun Club; and, 2. Authorizing the City Manager to execute the purchase agreement and any related documents. Department: Economic Development Attachments: Attachment A - Vicinity Map - Rod & Gun Attachment B - Aerial Map - Rod & Gun Proposed Resolution -Rod & Gun Exhibit 1 - Rod & Gun City of Stockton Page 4 Printed on 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 12.6 14-1337 REJECTION OF BIDS IN RESPONSE TO REQUEST FOR PROPOSALS (PUR 10-040, 10-052, 12-016, 12-074, 13-048, 13-054, 14-017, 14-020) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to reject all bids for the following requests for proposals: Parking Automation Equipment (PUR 10-040), Day Labor Center (PUR 10-052), Quality Assurance Services for Fire Department Medical Services Tasks (PUR 12-016), Fuel Management System (PUR 12-074), Plumbing Maintenance, Repairs, Modifications and Improvements (PUR 13-048), Painting of the East Channel Street Parking Garage (PUR 13-054), Roof Replacement for Municipal Utility Department buildings (PUR 14-017), and Commercial Pool Service at Multiple Pool Facilities (PUR 14-020). This motion will also authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: City Manager 12.7 15-1390 APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS Recommended Action: RECOMMENDATION Resolution ratifying Councilmember appointments to the Planning Commission and the Measure A Citizens' Advisory Committee. Department: City Clerk Attachments: Attachment A - Committee Applications Proposed Resolution - Committee Appointments 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-1369 AMENDING THE STOCKTON MUNICIPAL CODE TO REFLECT AMENDMENTS TO THE CITY CHARTER Recommended Action: RECOMMENDATION Adopt an ordinance amending Chapter 2.78, Sections 2.78.030 and 2.78.040 of the Stockton Municipal Code relating to the Fire Department; and amending Chapter 3.68, Articles I and II, Sections 3.68.020, 3.68.040, 3.68.060, 3.69.070, and 3.68.100 of the Stockton Municipal Code relating to the expenditure authority of the City Manager and City contracting and purchasing procedures. Department: City Manager City of Stockton Page 5 Printed on 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - June 10 2014 Staff Report Attachment B - Redline Ordinance Changes Reflecting Charter Amendments Proposed Ordinance - Amending Chapter 3_68 Proposed Ordinance - Amending Chapter 2_78 16. HEARINGS*** 16.1 14-1311 ALLOCATE POSITIONS FOR PARKING ENFORCEMENT AND MANAGEMENT AND APPROVE A REVISED PARKING FUND BUDGET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Allocating four positions in the Economic Development Department: a. Three classified positions - One Supervising Parking Enforcement Officer, and two Parking Enforcement Officers b. One unclassified position - Program Manager III; 2. Amending the Parking Fund's 2014-15 Fiscal Year Budget; 3. Amending the Parking Fee Schedule; and 4. Authorizing the City Manager to take appropriate actions to carry out the purpose and intent of this resolution. It is also recommended that the Parking Authority adopt a resolution: 1. Establishing the Parking Authority Budget for Fiscal Year 2014-15; 2. Authorizing the City Manager to take appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Resolution 2013-12-17-1209 Proposed Resolution - Parking Enforcement and Management Exhibit 1 - FY 2014-15 Revised Parking Budget Exhibit 2 - Revised Parking Fee Schedule Proposed Resolution - Parking Authority Exhibit 1 - FY 2014-15 Revised Parking Budget 17. COUNCIL COMMENTS 18. ADJOURNMENT City of Stockton Page 6 Printed on 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent INFORMATIONAL ITEMS 1 14-1227 CURRENTLY RECRUITING FOR VARIOUS BOARDS AND COMMISSIONS Department: City Clerk 2 15-1402 ANNUAL FILING PERIOD FOR STATEMENTS OF ECONOMIC INTEREST - FORM 700 Recommended Action: 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, 2015, as set by the Fair Political Practices Commission. The reporting period covered is January 1, 2014 through December 31, 2014. Department: City Clerk Attachments: Attachment A - Resolution 2014-09-09-1201 - Amended Conflict of Interest Code City of Stockton Page 7 Printed on 1/22/2015 City Council/Successor Agency to Meeting Agenda - Final January 27, 2015 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 8 Printed on 1/22/2015