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 Christina Fugazi, Vice Mayor/Vice Chair Elbert H. Holman Jr. (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Moses Zapien (District 4) Michael D. Tubbs (District 6) Tuesday, February 24, 2015 3:15 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 3:15 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 15-1356 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 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 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 15-1357 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 15-1358 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 15-1393 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.5 15-1458 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Number of Parcels: One Address: 2370 East Main Street APN: 155-360-08 Owner: City of Stockton City of Stockton Page 2 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Agency Negotiators: Micah Runner, Economic Development Director Joe Mulligan, Senior Real Property Agent Under Negotiation: Price and Terms This Closed Session is authorized pursuant to Section 54956.8 of the Government Code. 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* 12. CONSENT AGENDA 12.1 14-1194 MOTION AUTHORIZING THE CITY MANAGER TO AWARD A BID AND EXECUTE A CONTRACT WITH P&A GROUP FOR FLEXIBLE SPENDING ACCOUNT, DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT, AND PRE-TAX TRANSPORTATION SERVICES, AND REJECT THE BID RECEIVED FOR VOLUNTARY BENEFIT SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing the City Manager to award a bid and execute a contract with P&A Group for Flexible Spending Account ("FSA"), Dependent Care Flexible Spending Account ("DC FSA"), and pre-tax transportation services bid number: PUR-14-022; and 2. Authorizing the City Manager to reject the bid submitted for Voluntary Benefit Services. City of Stockton Page 3 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Human Resources Attachments: Attachment A - Agreement 12.2 14-1296 APPROVE APPLICATION TO THE STATE REVOLVING FUND PROGRAM FOR A GRANT TO EXTEND CITY WATER SERVICE TO THE CENTURY MOBILE HOME PARK Recommended Action: RECOMMENDATION It is recommended that the City Council approve the following motions: 1. Authorizing the City Manager to apply to the State Water Resources Control Board Drinking Water State Revolving Fund Program for a grant to fund the construction of a water main to connect the Century Mobile Home Park to the City's water system, and 2. Approve all environmental findings, and 3. Authorize the City Manager to take appropriate all other actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 12.3 14-1319 APPROVE AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH WEST YOST ASSOCIATES FOR THE DESIGN OF THE SEWER TRUNK LINE REHABILITATION PROJECT (ALEXANDRIA PLACE, PROJECT NO. M15001, BLACK OAK PUE, PROJECT NO. M15002, AND NAVY DRIVE 48-INCH, PROJECT NO. M15003) 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 West Yost Associates, of Davis, CA, in the amount of $592,184, to prepare a preliminary design report, prepare plans and specifications, and provide engineering support during construction of the Sewer Trunk Line Rehabilitation Project (Alexandria Place, Project No. M15001, Black Oak PUE, Project No. M15002, and Navy Drive 48-inch, Project No. M15003). 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 Attachment B - Amendment 12.4 14-1344 DOWNTOWN STOCKTON ALLIANCE PROPOSED 2015 ANNUAL OPERATING BUDGET, ASSESSMENT AND 2014 ANNUAL REPORT City of Stockton Page 4 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the proposed 2015 Operating Budget, Assessment, and 2014 Annual Report for the Property and Business Improvement District commonly known as the Downtown Stockton Alliance, a non-profit corporation, which operates the Downtown Stockton Management District. Department: Economic Development Attachments: Attachment A - SRD_2014-09-23-1204 Attachment B - SRD_2014-06-24-1501 Proposed Resolution - DSA Budget Exhibit 1 - DSA 2015 Budget Exhibit 2 - DSA 2015 Assessments.pdf Exhibit 3 - Annual Report & Work Plan 12.5 15-1347 CRIME ANALYSIS SERVICES CONTRACT Recommended Action: RECOMMENDATION It is recommended that the City Council by motion adopt findings and approve a Professional Services Contract with BAIR Analytics, Inc. for crime analysis supervision and services. Department: Police Attachments: Attachment A - Stockton Contract Renewal 12.6 15-1365 ADOPTION OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") approve a resolution adopting the Recognized Obligation Payment Schedule ("ROPS") for the period of July 1, 2015 through December 31, 2015, (Exhibit 1 to the Resolution) as required under Health and Safety Code Section 34177 (m). Department: Economic Development Attachments: Attachment A - Resolution 11-0251 Attachment B - Resolution SRD 2013-09-24-1503 Attachment C - City Council Resolution 2013-09-24-1503 Attachment D - Resolution SA 2014-06-24-1601 Proposed Resolution - Payment Schedule July-December Exhibit 1 - ROPS 15-16A 12.7 15-1366 RESOLUTION APPROVING THE APPOINTMENT OF MICHAEL DONALDSON TO THE DEVELOPMENT OVERSIGHT COMMISSION City of Stockton Page 5 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving[LA1] the appointment of Michael Donaldson[LA2] to fill the vacant position on the Development Oversight Commission for the Local Architect/Designer representative, for a term that will expire on October 20, 2019. Department: Community Development Attachments: Proposed Resolution - Commission Appointment 12.8 15-1371 RESOLUTIONS AMENDING THE $2.5 MILLION FEDERAL AND STATE FUNDED LOAN FOR THE CAL WEBER 40 PROJECT, AMENDING THE AIR RIGHTS LEASE, AND APPROVING A LICENSE AGREEMENT FOR THE USE OF THE LOT K PARKING LOT LOCATED AT 25 NORTH AMERICAN STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution approving an amendment to the $2,500,000 federal and state funded loan for the Cal Weber 40 project changing the borrower from DFA Development LLC to Cal Weber Associates LP. It is recommended that the Parking Authority adopt a Resolution: 1. Approving an amendment to the Air Rights Lease that changes the parties to the lease from the Council and DFA Development LLC to the Parking Authority and Cal Weber Associates LP, allows a longer lease period, and provides consistency with changes related to the License Agreement; 2. Approving a License Agreement between the Parking Authority and Cal Weber Associates LP for the use of the Lot K parking lot for a period of one year beginning March 15, 2015, for use as a construction staging area and for the construction of a parking deck above Lot K; and, 3. Authorizing the City Manager, or his designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Resolution 2014-06-24-1506 Attachment C- Rendering Proposed Resolution- Council Exhibit 1 to Council Resolution - Amended Loan Agreement Proposed Resolution- Parking Authority Exhibit 1- Amended Air Lease Agreement Exhibit 2- License Agreement 12.9 15-1383 AUTHORIZE A CONTRACT WITH LDA PARTNERS FOR City of Stockton Page 6 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent ARCHITECTURAL SERVICES AND APPROPRIATION OF FUNDS RELATING TO THE DESIGN OF TENANT IMPROVEMENTS FOR THE RELOCATION OF CITY HALL TO 400 EAST MAIN STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1) Approving the findings and authorizing the execution of a contract with LDA Partners in the amount of $420,000 for architectural services relating to the design of tenant improvements for the relocation of City Hall to 400 East Main Street; and 2) Appropriating funds in the amount of $500,000 from Bankruptcy Fund and transferring them into a newly created capital improvement project for payment of the architectural services contract, associated project management, external services, and contingency costs; and 3) Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Resolution - CH Architect Contract Exhibit 1 - LDA Partners Contract 12.10 15-1387 ADOPT A MOTION APPROVING AN AMENDMENT TO AN AGREEMEMENT WITH STEVE PETRUSKA AND DIANA PUMPELLY BATES FOR COMMISSIONED PUBLIC ART AT DEAN DECARLI SQUARE Recommended Action: RECOMMENDATION It is recommended that the City Council make a motion approving an amendment to an agreement with Steve Petruska and Diana Pumpelly Bates for Public Art at Dean DeCarli Square and authorizing the City Manager to take appropriate actions to carry out the purpose and intent of the resolution. Department: Community Services Attachments: Attachment A - DeCarli Square Artist Agreement Attachment B - DiCarli Square Amendment 1 Attachment C - DeCarli Square Anchored Art Rendering 12.11 15-1459 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes of October 7, 2014, November 18, 2014, December 2, 2014, January 13, 2015, and February 3, 2015 City Council meetings and the minutes of the January 6, 2015 Special City Council meeting. Department: City Clerk City of Stockton Page 7 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: 2014-10-07 City Council 2014-11-18 City Council 2014-12-02 City Council 2015-01-13 City Council 2015-02-03 City Council 2015-01-6 Special City Council 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-1382 MOTION APPROVING AND ACCEPTING PUBLIC ART FOR CITY UTILITY BOXES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving the Public Art Advisory Committee (PAAC) recommendation to accept four conceptual pieces of public art proposed for utility boxes 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 - Designs Attachment B - Map 15.2 14-1186 APPROVE AN ECONOMIC DEVELOPMENT STRATEGIC PLAN FOR THE CITY OF STOCKTON Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve a comprehensive Economic Development Strategic Plan for the City of Stockton; and 2. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Economic Development Strategic Plan 15.3 15-1450 APPOINTMENTS TO THE STOCKTON PARKS AND RECREATION COMMISSION City of Stockton Page 8 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION Resolution appointing one commissioner to fill a vacancy on the Parks and Recreation Commission for a four year term commencing immediately and ending December 31, 2018. Department: City Clerk Attachments: Attachment A - Parks and Rec Application Packet - Redacted Proposed Resolution - Parks and Recreation Appointment 15.4 15-1466 COMMUNITY DEVELOPMENT DEPARTMENT STATEMENT OF POLICY Recommended Action: RECOMMENDATION There is no recommendation from staff at this time. Department: Office of the Mayor 16. HEARINGS*** 17. COUNCIL COMMENTS 18. ADJOURNMENT City of Stockton Page 9 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 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/Public Finance Authority/Parking Authority, 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 this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one. In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will 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 City of Stockton Page 10 Printed on 2/19/2015 City Council/Successor Agency to Meeting Agenda February 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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. INFORMATIONAL ITEMS 15-1415 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2014 ANNUAL REPORT Recommended Action: RECOMMENDATION Accept the attached Civil Service/Equal Employment Commission's 2014 report as an information item pursuant to City Charter Section 2525. Department: Human Resources Attachments: Annual Report to Council - 2014 - Final Signed Document *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, 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. City of Stockton Page 11 Printed on 2/19/2015