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 Christina Fugazi, Vice Mayor/Vice Chair (District 5) 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, July 21, 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 15-1753 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 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 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 15-1765 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 15-1818 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 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 10.1 15-1901 PROCLAMATION: MEDICARE 50TH BIRTHDAY City of Stockton Page 2 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECIPIENTS: Margo Praus and Carol Bailey Department: Office of the Mayor 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 15-1633 ADOPT ORDINANCE AMENDING SECTIONS OF TITLE 1 AND TITLE 10 OF THE CITY OF STOCKTON MUNICIPAL CODE CONCERNING PARKING ENFORCEMENT AND PARKING ENFORCEMENT OFFICERS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an Ordinance amending Sections of Title 1 and Title 10 of the City of Stockton Municipal Code to allow parking enforcement officers to enforce parking throughout the City of Stockton and clarify the authority of parking enforcement officers. Department: Economic Development Attachments: Attachment A - Ordinance 2014-11-04-1201 Attachment B - Resolution 2015-01-27-1601 Attachment C - Ordinance - Redline Version Proposed Ordinance - Parking Enforcement 12.2 15-1697 AN ORDINANCE AMENDING TITLE 15 OF THE STOCKTON MUNICIPAL CODE BY ADDING CHAPTER 15.78 TO EXPEDITE PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an Ordinance amending Title 15 of the Stockton Municipal Code (SMC) to add Chapter 15.78 to expedite permitting procedures for small residential roof top solar systems. Department: Community Development Attachments: Attachment A - Photovoltaic Checklist Attachment B - Photovoltaic Installation Inspection Procedures Proposed Ordinance - Amending Title 15 12.3 15-1707 ADOPT RESOLUTION TO APPLY FOR ELECTIVE COVERAGE OF STATE DISABILITY INSURANCE FOR MEMBERS OF THE MID-MANAGEMENT/SUPERVISORY LEVEL UNIT (B&C) City of Stockton Page 3 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1) Adopt a Resolution, in accordance with Mid-Management/Supervisory Level Unit (B&C) Memorandum of Understanding (MOU) Section 14.5 authorizing the City to apply for elective coverage of State Disability Insurance (SDI) for members of B&C, and 2) Provide the City Manager authority to execute the application for SDI, and take whatever actions are appropriate to carry out the implementation of SDI. Department: Human Resources Attachments: Attachment A - Election Letter Attachment B - EDD Application Proposed Resolution - SDI Approval 12.4 15-1711 ADOPT RESOLUTION TO APPROVE THE 2015 AMENDMENT TO THE REGIONAL TRAFFIC IMPACT FEE PROGRAM OPERATING AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the 2015 Amendment to the Regional Traffic Impact Fee (RTIF) Program Operating Agreement. Department: Public Works Attachments: Attachment A - Resolution 06-0169 Attachment B - SJCOG Board Staff Report Attachment C - Agreement Revisions Proposed Resolution Exhibit 1 to Resolution 12.5 15-1733 APPROVE PROFESSIONAL SERVICES CONTRACT WITH ALTA PLANNING & DESIGN FOR THE CITYWIDE SAFE ROUTES TO SCHOOL PLAN (PROJECT NO. PW1441/FEDERAL PROJECT NO. ATPLNI-5008(138)) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Professional Services Contract with Alta Planning & Design of Sacramento, California, in the amount of $152,781.81, for the Citywide Safe Routes to School (SRTS) Plan (Project No. PW1441/Federal Project No. ATPLNI-5008(138)). 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 City of Stockton Page 4 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Caltrans Public Interest Finding Attachment B - Professional Service Contract 12.6 15-1793 ADOPT RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENTS OF DELINQUENT CODE ENFORCEMENT CHARGES AND DIRECTING THE ASSESSMENTS BE PLACED ON THE COUNTY TAX ROLL Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution overruling protests, confirming the assessments of the delinquent charges listed in the "Delinquent Accounts 2015 Assessment List" (Exhibit 1) stemming from code enforcement actions, and directing the assessments be placed on the San Joaquin County tax roll. Department: Police Attachments: Attachment A - Administrative Order Proposed Resolution Exhibit 1 - Delinquent Accounts 2015 Assessment 12.7 15-1833 ADOPT A RESOLUTION APPROVING FINDINGS FOR AN EXCEPTION TO THE COMPETITIVE BID PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LATHROP-MANTECA FIRE DISTRICT FOR THE PURCHASE AND ACQUISITION OF DISPATCH CONSOLES AND SUPPORT EQUIPMENT FOR STOCKTON FIRE DEPARTMENT EMERGENCY COMMUNICATIONS DIVISION Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution approving findings which support and justify an exception to the competitive bidding process and authorizing the City Manager to enter into an Agreement with Lathrop-Manteca Fire District for the purchase, acquisition and installation of dispatch consoles and support equipment to replace existing equipment in City of Stockton's Fire Department Emergency Communications Division. Staff further recommends that Council authorize the City Manager to take the appropriate actions to carry out the purpose and intent of this resolution. Department: Information Technology Attachments: Proposed Resolution - Agreement with Lathrop-Manteca Fire Distrct Exhibit 1 - Agreement with LMFD to Procure Equipment 12.8 15-1836 DESIGNATING VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 30 - OCTOBER 2, 2015 City of Stockton Page 5 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council by motion action designate Council Member Elbert Holman to serve as voting delegate and Council Member Moses Zapien as alternate representing the City at the League of California Cities Annual Conference to be held September 30 - October 2, 2015. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - League of California Cities Correspondence 12.9 15-1862 APPROVE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by Resolution the attached Stockton Firefighters' Local 456 Fire Unit successor Memorandum of Understanding (MOU) effective July 1, 2015 through June 30, 2016. The City Council adoption will: 1) Authorize the City Manager to execute the MOU, 2) Amend the Fiscal Year (FY) 2015/2016 budget to appropriate additional funds, and 3) Take actions appropriate to carry out the implementation of the MOU. Department: Human Resources Attachments: Attachment A- Fire Unit MOU- Redlined Proposed Resolution - Fire Unit MOU Exhibit 1 - Fire Unit MOU 12.10 15-1866 APPROVE AGREEMENT BETWEEN CITY OF STOCKTON AND COUNTY OF SAN JOAQUIN FOR PROPERTY TAX ALLOCATION UPON ANNEXATION AND DEFERRED ANNEXATION AGREEMENT FOR THE AIRPARK 599 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing: 1. the City Manager to execute an Agreement with the County of San Joaquin for Property Tax Allocation Upon Annexation (Exhibit 1); and 2. the City Manager to execute a Deferred Annexation Agreement with the County of San Joaquin for the Airpark 599 Project (Exhibit 2). Department: Economic Development Attachments: Proposed Resolution - Tax Allocation Exhibit 1 - Tax Allocation Agreement Exhibit 2 - Deferred Annexation Agreement 12.11 15-1876 APPROVAL OF CITY COUNCIL MINUTES City of Stockton Page 6 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION Approve minutes of the June 23, 2015 City Council Meeting. Department: City Clerk Attachments: Attachment A - 2015-06-23 Minutes for Approval 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-1795 APPROVE STOCKTON ARTS COMMISSION RECOMMENDATION OF TAMA BRISBANE AS THE CITY OF STOCKTON POET LAUREATE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving a recommendation by the Stockton Arts Commission naming Tama Brisbane as the City of Stockton Poet Laureate for Fiscal Year (FY) 2015-2016. It is further recommended that the motion authorize the City Manager to take necessary actions to complete the intent of this motion including the execution of all necessary documents and agreements. Department: Community Services Attachments: Attachment A - Scope of Service 15.2 15-1856 RADIO EQUIPMENT INVENTORY REPORT - MOTOROLA RADIO PURCHASES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to accept the recommendations presented in the City of Stockton Radio Equipment Inventory Report by Trott Communications Group Inc. (Trott Report); approve findings which support and justify an exception to the competitive bid process and authorize the use of the cooperative purchasing agreement with the Houston-Galveston Area Council for the purchase of Motorola radio equipment; authorize the purchase of Fiscal Year (FY) 2015-16 public safety radio system equipment from Motorola Solutions, Inc. in an amount not to exceed $1,500,000; and authorize the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Information Technology City of Stockton Page 7 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Stockton Inventory Report 03-04-2015 Attachment B - Radio Replacement Schedule Graphs.pdf Attachment C - HGAC Motorola Contract Attachment D - Motorola Solutions - Delta Wireless Letter.pdf Attachment E - Agreement COS - Delta Wireless 15.3 15-1797 ADOPT RESPONSE TO THE 2014-2015 CIVIL GRAND JURY REPORT FOR STOCKTON MUNICIPAL UTILITIES DEPARTMENT: STRUGGLING IN THE MUD, CASE NO. 1412 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the City Council's Response to the 2014-2015 Civil Grand Jury Report for Investigating Case No. 1412 relating to the operations of Municipal Utilities Department (MUD); direct the City Manager to sign the response on behalf of the City Council and to transmit the response to the Presiding Judge of the San Joaquin County Superior Court. Department: Municipal Utilities Attachments: Attachment A - 2014-2015 Grand Jury Report - Case No 1214 Attachment B - Response Letter Grand Jury Case No 1214 16. HEARINGS**** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-1726 ANNUAL BOARD AND COMMISSION REPORT FOR THE MEASURE A CITIZENS’ADVISORY COMMITTEE FOR THE PERIOD COVERING JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 Report of Chair Joseph H. Johnson for the 12 month period ending December 31, 2014 for Committee review and acceptance to submit to the City Council. Department: City Clerk Attachments: Measure A Report - Attendance 2 15-1841 MEASURE W CITIZENS’ OVERSIGHT COMMITTEE ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2013-14 City of Stockton Page 8 Printed on 7/17/2015 City Council/Successor Agency to Meeting Agenda - Final July 21, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION This item is informational only and does not require City Council action. Department: Administrative Services Attachments: Attachment A - Measure W Annual Report for FY 2013-14 *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 9 Printed on 7/17/2015