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, October 6, 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 15-1758 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 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 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 15-1770 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 15-1823 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 15-2089 CONFERENCE WITH REAL PROPERTY NEGOTIATOR Number of Parcels: Two Address: 248 W. Fremont Street APN: 137-410-14 Owner: City of Stockton Address: 405 N. Edison Street APN: 135-460-06 Owner: City of Stockton Agency Negotiators: Micah Runner, Economic Development Director Under Negotiation: Price and terms of potential lease. This Closed Session is authorized pursuant to Section 54956.8 of the City of Stockton Page 2 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 15-1954 RESOLUTION APPROVING FINDINGS, APPROVING THE PURCHASE OF FORTY-SEVEN POLICE INTERCEPTOR UTILITY VEHICLES FROM BIG VALLEY FORD IN THE AMOUNT OF $1,416,152.30 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving findings which support and justify an exception to the competitive bid process for the purchase of 47 Ford Police Interceptor Utility Vehicles from Big Valley Ford of Stockton, California, in the amount of $1,416,152.30. It is further recommended that the resolution 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 - List of Replacement Vehicles Attachment B - Big Valley Ford Quote Proposed Resolution 12.2 15-1985 MOTION ADOPTING THE PLANS AND SPECIFICATIONS FOR TREE PRUNING AT VARIOUS LOCATIONS AND AWARDING A SERVICE CONTRACT TO WEST COAST ARBORISTS, PROJECT NO. O&M-16-001 City of Stockton Page 3 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion that adopts the plans and specifications for Tree Pruning at Various Locations, Project No. O&M-16-001, and authorizes the City Manager to execute a Service Contract in the amount of $163,975 to West Coast Arborists, Inc. of Stockton, CA. 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 - Project Zone Map Attachment B - Street Listing Attachment C - Service Contract with West Coast Arborists 12.3 15-1993 DISPOSITION OF REAL PROPERTY OWNED BY THE CITY OF STOCKTON AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF STOCKTON Recommended Action: RECOMMENDATION City Council Action: It is recommended that the City Council adopt a resolution authorizing actions related to the disposition of real property owned by the City of Stockton - 1. Deem twenty-seven (27) City-owned properties, included as Exhibit 1 to the Resolution, as excess and authorize the sale of those properties. 2. Authorize the City Manager to review and approve individual sales transactions within predetermined criteria, execute a Master Sales Listing Agreement with CBRE, INC. (Exhibit 2 to the Resolution), and take all other necessary and appropriate actions to carry out the purpose and intent of the Resolution. Successor Agency Action: It is recommended that the Successor Agency adopt a resolution authorizing actions related to the disposition of real property owned by the Successor Agency to the former Redevelopment Agency of the City of Stockton - 1. Deem six (6) Successor Agency-owned properties, included as Exhibit 1 to the Resolution, as excess and authorize the sale of those properties. 2. Authorize the Executive Director to review and approve individual sales transactions within predetermined criteria, execute a Master Sales Listing Agreement with CBRE, INC.(Exhibit 2 to the Resolution), and take all other necessary and appropriate actions to carry out the purpose and intent of the Resolution. Department: Economic Development City of Stockton Page 4 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Maps and Photos of City-owned Properties Attachment B - Maps and Photos of Successor Agency-owned Properties Proposed Resolution - City Excess Property Exhibit 1 - City-owned Excess Property Exhibit 2 - CBRE Master Sales Listing Agreement City Proposed Resolution - SA Excess Property Exhibit 1 - Successor Agency Excess Property Exhibit 2 - CBRE Master Sales Listing Agreement SA 12.4 15-2020 GRANT AND SALE OF A UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY LOCATED AT 3805 POCK LANE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution for the granting and sale of a permanent underground utility easement to Pacific Gas and Electric Company (PG&E) over a portion of a parcel owned by the City of Stockton located at 3805 Pock Lane (APN 179-490-63) for a new fiber optic line to be extended to PG&E's new regional office facility. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Attachment C - Easement location Attachment D - Letter Agreement Proposed Resolution - 2015-10-06 - Pock Lane - PG&E Exhibit 1 - Easement Deed 12.5 15-2039 RESOLUTION APPROVING THE FILING OF THE NOTICE OF EXEMPTION NO. MUD-CE-4-15, APPROVING SPECIFICATIONS AND ADDENDUM AND AWARDING A CONSTRUCTION CONTRACT TO GOES AND NOCETI CONSTRUCTION, INC. DBA G&N CONSTRUCTION OF STOCKTON, FOR THE 2015 ON-CALL WATER REPAIR SERVICES City of Stockton Page 5 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 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 the Notice of Exemption No. MUD-CE-4-15 under the California Environmental Quality Act ("CEQA") for the 2015 On-Call Water Repair Services (Exhibit 1 to Resolution). 2. Approve the specifications and addendum for the 2015 On-Call Water Repair Services. 3. Award a Construction Contract to Goes and Noceti Construction, Inc. dba G&N Construction in the amount of $231,325 for the 2015 On-Call Water Repair Services (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 the resolution. Department: Municipal Utilities Attachments: Proposed Resolution - 2015 On-Call Water Repair Services M15015 Exhibt 1 - Notice of Exemption MUD-CE-4-15 Exhibit 2 - Contact - 2015 On-Call Water Repair Services M15015 12.6 15-2040 APPROVE FINDINGS AND AUTHORIZE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE CALIFORNIA WATER SERVICE COMPANY TO PROVIDE TEMPORARY CHIEF PLANT OPERATOR SUPPORT FOR THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Approving findings pursuant to SMC Section 3.68.070 in support of an exception to the competitive bidding process for the amendment to the Professional Services Agreement with the California Water Service Company of San Jose for temporary Chief Plant Operator services. 2. Authorizing the City Manager to execute an Amendment to the Professional Services Agreement not to exceed $225,000 with the California Water Service Company to provide a temporary Chief Plant Operator for operational support and oversight at the Delta Water Treatment Plant. 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: Municipal Utilities City of Stockton Page 6 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Professional Services Agreement Attachment B - Amendment to Professional Services Agreement 12.7 15-2076 PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEARS 2009-10, 2010-11, 2011-12, 2012-13 AND 2013-14 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Public Facility Fee Program Annual Reports for Fiscal Years (FY) 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14 (Attachment A). This will bring the City up to date on its Mitigation Fee Act reporting requirements under State law. Department: Administrative Services Attachments: Attachment A - PFF Report FYs 2009-2014 Attachment B - Total Impact Fees Revenues Attachment C - Total Impact Fees Expenditures 12.8 15-2098 DIRECT THE CITY MANAGER TO ANALYZE AMENDMENTS TO CITY COUNCIL RESOLUTION NO. 97-0094 TO PROVIDE FOR TEMPORARY CLOSURE OF PATHWAYS IN THE CITY OF STOCKTON FOR HEALTH AND SAFETY REASONS Recommended Action: RECOMMENDATION Pursuant to the direction of the Council Legislation and Environment Committee, it is recommended that Council direct the City Manager to analyze amendments to City Council Resolution No. 97-0094 to provide for temporary closure of pathways in the City of Stockton (City) for health and safety reasons, and report back to Council with recommended amendments and funding options. Department: Economic Development Attachments: Attachment A - Resolution No 97-0094 Attachment B - Abandonment Procedures 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 14.1 15-2095 DISCUSSION TO CONSIDER ACTION ON THE STOCKTON ECONOMIC STIMULUS PLAN Recommended Action: RECOMMENDATION Presentation to respond to request for information regarding Stockton Economic Stimulus Plan and financial impacts on Public Facilities Fee. Department: Community Development Attachments: Attachment A - Stockton Economic Stimulus Plan City of Stockton Page 7 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 15. NEW BUSINESS 15.1 15-2061 RECOMMENDATION FROM THE MEASURE A ADVISORY COMMITTEE TO THE COUNCIL FOR FUNDING OF AN INDEPENDENT AUDITOR ON THE USES OF MEASURE A PROCEEDS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to approve funding for an independent audit on the uses of Measure A proceeds and to include a Supplemental Display of uses of Measure A General sales tax revenues in the Comprehensive Annual Financial Report (CAFR). 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: Administrative Services Attachments: Attachment A - 2015-05-19 Advisory Committee Minutes Attachment B - Measure A Supplemental Display 16. HEARINGS**** 16.1 15-1880 PUBLIC HEARING: APPROVE AN OFFICE AND INDUSTRIAL SALES TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF STOCKTON AND VALLEY PACIFIC PETROLEUM SERVICE, INCORPORATED Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the execution of an Office and Industrial Sales Tax Incentive Agreement between the City of Stockton and Valley Pacific Petroleum Service, Inc.; and 2. Authorizing the City Manager or his designee to make appropriations amending the Fiscal Year 2015-16 General Fund Sales Tax budget to recognize net new sales tax revenue and associated rebates per the agreement; and, 3. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Reso 2014-08-12-1601 Proposed Reso - Industrial Sales Tax Incentive Exhibit 1 - OAIS Tax Incentive Agreement City of Stockton Page 8 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-2094 MEASURE A CITIZENS’ ADVISORY COMMITTEE MINUTES Informational item to review the minutes of the following Measure A Citizens’ Advisory Committee meetings: May 20, 2014 July 15, 2014 October 3, 2014 February 3, 2015 Department: City Clerk Attachments: 2014-05-20 Minutes 2014-07-15 Minutes 2014-10-23 Minutes 2015-02-03 Minutes City of Stockton Page 9 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final October 6, 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 10 Printed on 10/29/2015