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, March 24, 2015 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 15-1362 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 3/19/2015 City Council/Successor Agency to Meeting Agenda March 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 15-1363 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 15-1364 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 15-1395 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 3/19/2015 City Council/Successor Agency to Meeting Agenda March 24, 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 15-1430 APPROVE EVENTS CENTER CAPITAL IMPROVEMENT PROGRAM BUDGET TO ALLOW SMG TO ENTER INTO A CONTRACT WITH CLICK EFFECTS FOR THE REPLACEMENT OF THE VIDEO PRODUCTION SYSTEM AT THE STOCKTON ARENA AND STOCKTON BALLPARK Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion an amended 2015-2019 Capital Improvement Plan budget to allow SMG to enter into a contract with Click Effects in the amount of $55,500 for the replacement of the video production at the Stockton Arena and Stockton Ballpark. Department: Community Services 12.2 15-1473 MOTION AUTHORIZING EXTENSION OF CONTRACT WITH PETER JUAREZ TO OPERATE OAK PARK TENNIS COMPLEX Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving and authorizing a one year extension of the existing contract with Peter Juarez for continued operation of the Oak Park Tennis Complex through March 31, 2016, 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 - 3rd Amendment to Oak Park Tennis Center 12.3 15-1479 EXTENSION OF HYLAND ONBASE HOSTED SOLUTION AGREEMENT WITH NEKO INDUSTRIES, INC. Recommended Action: RECOMMENDATION Staff recommends that City Council approve a motion accepting findings which support an exception to the competitive bidding process, and authorize the City Manager to approve an extension of the Hyland OnBase Online Hosted Solution Agreement with NEKO Industries, Inc. in an amount not to exceed $222,684 using the County of Sonoma cooperative purchasing agreement with NEKO Industries, Inc. (Attachments A, B and C). City of Stockton Page 3 Printed on 3/19/2015 City Council/Successor Agency to Meeting Agenda March 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Information Technology Attachments: Attachment A - Cooperative Purchasing Agreement Attachment B - Letter from County of Sonoma extending Agreement Attachment C - Agreement NEKO Industries 12.4 15-1547 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes of September 23, 2014, December 16, 2014, and January 27, 2015 City Council meetings. Department: City Clerk Attachments: 2014-09-23 Council 2014-12-16 Council 2015-01-27 Council 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-1482 EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT FOR THE OPEN WINDOW PROJECT Recommended Action: RECOMMENDATION City of Stockton It is recommended the City Council adopt a resolution approving a 365-day Exclusive Negotiating Rights Agreement between the City of Stockton and Open Window Project, LLC, for the proposed Open Window mixed-use project in Downtown Stockton. Parking Authority It is recommended the Parking Authority of the City of Stockton adopt a resolution approving a 365-day Exclusive Negotiating Rights Agreement between the Parking Authority and Open Window Project, LLC, for the proposed Open Window mixed-use project in Downtown Stockton. Department: Economic Development City of Stockton Page 4 Printed on 3/19/2015 City Council/Successor Agency to Meeting Agenda March 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Project Site Map Attachment B - Aerial Photo Proposed Resolution - City-Developer ENRA Exhibit 1 - Open Window Project ENRA Proposed Resolution - Parking Authority-Developer ENRA Exhibit 1 - Open Window Project ENRA 15.2 15-1542 RECOMMENDATION FROM THE CHARTER REVIEW AD-HOC COMMITTEE RELATING TO THE CHARTER REVIEW ADVISORY COMMISSION MEMBERSHIP AND TERM OF SERVICE Recommended Action: Recommendation The Charter Review Ad-Hoc Committee recommends that the City council adopt a Resolution to maintain the current 15 member commission make up, extend the commission's current term to end June 30, 2016, immediately appoint three new members to the commission to fill existing vacancies and allow the newly elected/appointed Councilmembers to retain or replace existing commission members with a citizen of their choice. Department: City Clerk Attachments: Attachment A - CRAC Membership Applications Proposed Resolution - CRAC Term Extension 16. HEARINGS**** 16.1 15-1381 PUBLIC HEARING IMPLEMENTING PEG (PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS) SUPPORT FEE WITH STATE VIDEO FRANCHISE SERVICE PROVIDERS WITHIN THE CITY OF STOCKTON Recommended Action: RECOMMENDATION At the conclusion of the public hearing, it is recommended that the City Council approve a resolution authorizing the implementation of a 1% PEG (Public, Educational and Governmental Access) support fee with State video franchise service providers to use for facilities and equipment associated with the City of Stockton Government Access Channel 97 and broadcast of public meetings and information and appropriate first year revenue and expenditures. Department: City Manager Attachments: Attachment A - SMC 11-24 State Video Service Franchises Proposed Resolution - Implementing PEG Fee 17. COUNCIL COMMENTS 18. ADJOURNMENT City of Stockton Page 5 Printed on 3/19/2015 City Council/Successor Agency to Meeting Agenda March 24, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent INFORMATIONAL ITEMS *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 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 6 Printed on 3/19/2015