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, August 18, 2015 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 15-1755 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Five 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) Name of Case: Coalition for a Sustainable Delta, et al. v. City of City of Stockton Page 1 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Stockton (U.S. District Court, Eastern District Case No. 2:09-CV-00466 JAM DAD) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 15-1767 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 15-1979 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c). Department: City Attorney 3.4 15-1820 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 City of Stockton Page 2 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 15-1796 APPROVE A PROFESSIONAL SERVICES CONTRACT FOR ENGINEERING DESIGN SERVICES WITH TURLEY AND ASSOCIATES MECHANICAL ENGINEERING GROUP, INC. FOR THE MUNICIPAL UTILITIES DEPARTMENT HVAC UPGRADES AND RE-ROOFING (PROJECT NOS. M15006, M15007, M15008, M15013, AND M15014) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Professional Services Contract with Turley and Associates Mechanical Engineering Group, Inc., in the amount of $124,160, for the Municipal Utilities Department (MUD) Heating, Ventilation, and Air Conditioning (HVAC) Upgrades and Re-Roofing (Project Nos. M15006, M15007, M15008, M15013, and M15014). It is further recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12.2 15-1839 SINGLE FAMILY HOUSING REHABILITATION LOAN FOR 103 MOSSWOOD AVENUE Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve an $89,900 Home Investment Partnerships (HOME) Loan to Patricia Ann Smith for repairs to her home located at 103 Mosswood Avenue; and 2. Authorize the City Manager, or his designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion. City of Stockton Page 3 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Photos Attachment C - Housing Program Guidelines Attachment D - Resolution 08-0460 Attachment E - HOME Loan Agreement 12.3 15-1863 SINGLE FAMILY HOUSING REHABILITATION LOAN FOR 2131 SOUTH SACRAMENTO STREET Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve an $82,555 Home Investment Partnerships (HOME) Loan to Naomi C. Hau for repairs to her home located at 2131 South Sacramento Street; and 2. Authorize the City Manager, or his designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Photos Attachment C - Housing Program Guidelines Attachment D - Resolution 08-0460 Attachment E - HOME Loan Agreement 12.4 15-1849 RESOLUTION APPROVING FILING OF THE NOTICE OF EXEMPTION NO. MUD-CE-2-15, AND AWARDING A CONSTRUCTION CONTRACT TO NMI INDUSTRIAL HOLDINGS, INC. FOR THE EIGHTH STREET STORMWATER PUMP STATION TRASH RACK REPAIR (PROJECT NO. M14019) City of Stockton Page 4 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Authorize the City Manager to approve the filing of Notice of Exemption No. MUD-CE-2-15 under the California Environmental Quality Act (CEQA) for the Eighth Street Stormwater Pump Station Trash Rack Repair (Exhibit 1 to Resolution.) 2. Approve the plans, specifications, and addenda for the Eighth Street Stormwater Pump Station Trash Rack Repair. 3. Award a Construction Contract to NMI Industrial Holdings, Inc. of Sacramento, California, in the amount of $84,207 for the Eighth Street Stormwater Pump Station Trash Rack Repair (Exhibit 2 to Resolution.) It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution - Eighth Street Stormwater PS Exhibit 1 - 8th Street Notice of Exemption Exhibit 2 - Construction Contract 12.5 15-1850 RESOLUTION APPROVING FILING OF THE NOTICE OF EXEMPTION NO. MUD-CE-3-15, AND AWARDING A CONSTRUCTION CONTRACT TO NMI INDUSTRIAL HOLDINGS, INC. FOR THE WESTON RANCH STORMWATER PUMP STATION TRASH RACK REPAIR (PROJECT NO. M13014) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Authorize the City Manager to approve the filing of Notice of Exemption No. MUD-CE-3-15 under the California Environmental Quality Act (CEQA) for the Weston Ranch Stormwater Pump Station Trash Rack Repair (Exhibit 1 to Resolution.) 2. Approve the plans, specifications, and addenda for the Weston Ranch Stormwater Pump Station Trash Rack Repair. 3. Award a Construction Contract to NMI Industrial Holdings, Inc. of Sacramento, California, in the amount of $124,049 for the Weston Ranch Stormwater Pump Station Trash Rack Repair Project (Exhibit 2 to Resolution.) It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities City of Stockton Page 5 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Proposed Resolution - Weston Ranch Stormwater PS Exhibit 1 - Weston Ranch Notice of Exemption Exhibit 2 - Construction Contract 12.6 15-1891 RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by Resolution the attached Stockton Police Management Association (SPMA) successor Memorandum of Understanding (MOU) effective July 1, 2014 through June 30, 2016. The City Council adoption will authorize the City Manager to: 1) execute the MOU; 2) amend the Fiscal Year (FY) 2015-16 Budget to appropriate additional funds; and 3) take actions appropriate to carry out the implementation of the MOU. Department: Human Resources Attachments: Attachment A - SPMA MOU Redlined Proposed Resolution Exhibit 1 - SPMA MOU 12.7 15-1911 RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE TRADES AND MAINTENANCE UNIT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by Resolution the attached Trades and Maintenance Unit (T&M) successor Memorandum of Understanding (MOU) effective July 1, 2014 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 - Trades and Maintenance MOU Redlined Proposed Resolution - Trades and Maintenance MOU Exhibit 1 - Trades and Maintenance MOU 12.8 15-1929 RESOLUTION APPROVING MODIFICATIONS TO THE UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN City of Stockton Page 6 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by resolution the attached modifications to the Unrepresented Management/Confidential and Law Employees' Compensation Plan. The City Council adoption will authorize the City Manager to execute the compensation plan modifications, amend the Fiscal Year (FY) 2015-16 annual budget to appropriate additional funds and authorize the City Manager to take actions appropriate to carry out the implementation of the Compensation Plan. Department: Human Resources Attachments: Attachment A - Unrep Comp Plan - redlined Proposed Resolution - Unrep Comp Plan Exhibit 1 - Unrep Comp Plan 12.9 15-1919 LINDEN BRANCH LIBRARY PREMISE LEASE AGREEMENT Recommended Action: RECOMMENDATION It is recommended the City Council adopt a motion authorizing the City Manager to: execute a three year Commercial Property Lease Agreement (Attachment A) with Magnasco Investments, renewing the commercial space occupied by the Linden Branch Library, and to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Lease Agreement 12.10 15-1922 GRANT AWARD FOR AVOID THE 10 DUI CAMPAIGN - SAN JOAQUIN COUNTY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) authorize the City Manager to accept the grant award in the amount of $345,000, make all necessary appropriations in compliance with and for the purposes stated in the grant application; and 2) execute the grant agreement and all related documents to carry out the purposes and intent of the grant award. Department: Police Attachments: Proposed Resolution - 2015-16 AVOID Grant Exhibit 1 - 2015-16 AVOID Grant Agreement 12.11 15-1923 GRANT AWARD FOR DUI STEP GRANT City of Stockton Page 7 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) authorize the City Manager to accept a grant award from the State of California Office of Traffic Safety in the amount of $395,420, and make all necessary appropriations in compliance with and for the purposes stated in the grant application; and 2) execute the grant agreement and all related documents to carry out the purposes and intent of the grant award. Department: Police Attachments: Proposed Resolution - STEP Grant Exhibit 1 - 2015-16 STEP Grant Agreement 12.12 15-1924 APPROVE A MOTION APPROVING FINDINGS WHICH SUPPORT AND JUSTIFY AN EXCEPTION TO THE COMPETITIVE BID PROCESS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH OJO TECHNOLOGY FOR MAINTENANCE OF THE CITYWIDE SECURITY AND TRAFFIC VIDEO MONITORING SYSTEM RECOMMENDATION Staff recommends the City Council adopt a motion approving findings which support and justify an exception to the competitive bid process and authorize the City Manager to execute a three-year agreement, including an option for two one-year extensions, with Ojo Technology in the amount of $209,978 for year one and $194,980 per year for years two and three for the maintenance of the Citywide Security and Traffic Video Monitoring System. The price of optional extensions will be negotiated and approved through the annual budget process if the extensions are exercised. Staff further recommend that the motion authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this motion Department: Information Technology Attachments: Attachment A - Agreement with Ojo for Camera Maintenance 12.13 15-1992 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve minutes of the July 7, 2015 City Council Meeting. Department: City Clerk Attachments: Attachment A - 2015-07-07 Minutes for Approval 13. ADMINISTRATIVE MATTERS City of Stockton Page 8 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-1815 DISCUSS SCHEDULING A PUBLIC HEARING TO CONSIDER THE STOCKTON ECONOMIC STIMULUS PLAN This item was placed on the agenda at the request of Mayor Anthony Silva. Additional information is outlined in the attached materials. Department: Office of the Mayor Attachments: Stockton Economic Stimulus Plan 16. HEARINGS**** 16.1 15-1745 PUBLIC HEARING: AMENDMENT TO THE FISCAL YEAR 2015-2016 FEE SCHEDULE RELATED TO COMMUNITY DEVELOPMENT PERMIT PROCESSING FEES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution amending the Fiscal Year 2015-2016 Fee Schedule related to Community Development Permit Processing Fees as part of the City's overall efforts to reform, restructure, and reduce the City's development-related impact, permit, and processing fees. Department: Community Development Attachments: Attachment A - Proposed Revisions to FY 2015-16 Fee Schedule Attachment B - Fee Revenue Forecast Attachment C - Sample Fee Model Scenarios Proposed Resolution- Fee Schedule Amendment Exhibit 1 - FY 2015-16 Amended Fee Schedule 16.2 15-1914 TEFRA PUBLIC HEARING: CREATIVE EDUCATION SUPPORT ORGANIZATION, LLC City of Stockton Page 9 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION At the conclusion of the public hearing, it is recommended that the City Council adopt a resolution approving the issuance of the California Statewide Communities Development Authority School Facilities Revenue Bonds in an amount not to exceed $10,000,000, on behalf of Creative Education Support Organization, LLC, a California limited liability company (the "Borrower"), the sole member of which is initially Creative Child Care, Inc., a California nonprofit public benefit corporation. These bonds do not represent a debt of the City, nor do they obligate the City in any way. Department: Economic Development Attachments: Proposed Resolution-TEFRA Creative Ed Support Org 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-1925 UPDATE TO RECORDS RETENTION SCHEDULE - REVISED 7/21/2015 City Council Resolution 09-0147 authorizes updates to the Records Retention Schedule be made without further action by the City Council, but must obtain the consent of the City Clerk, City Manager and City Attorney. This memo is being provided as an information only item to document the latest update to the Citywide records retention schedule. The current version of the retention schedule is on file in the Office of the City Clerk. Department: City Clerk City of Stockton Page 10 Printed on 8/13/2015 City Council/Successor Agency to Meeting Agenda - Final August 18, 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 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 11 Printed on 8/13/2015