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, November 3, 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 15-1760 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 November 3, 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 15-1772 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 15-1825 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 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* City of Stockton Page 2 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final November 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 12. CONSENT AGENDA 12.1 15-2157 APPROVAL OF CITY COUNCIL MINUTES RECOMMENDATION Approve the minutes of the following City Council meetings: September 22, 2015 October 6, 2015 October 13, 2015 October 20, 2015 Department: City Clerk Attachments: 2015-09-22 City Council Minutes 2015-10-06 City Council Minutes 2015-10-13 City Council Minutes 2015-10-20 City Council Minutes 12.2 15-1940 APPOINTMENTS TO THE COMMUNITY DEVELOPMENT COMMITTEE Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution appointing five members to the Community Development Committee with two appointments to begin October 1, 2015 and ending September 30, 2019 and three appointments to begin October 1, 2015 and ending September 30, 2017. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - CDC Appointments 12.3 15-2049 MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE NON-EXCLUSIVE AGREEMENTS WITH ALSHIFA MEDICAL GROUP AND DAMERON HOSPITAL ASSOCIATION TO PROVIDE OCCUPATIONAL HEALTH SERVICES City of Stockton Page 3 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final November 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve findings and by motion authorize the City Manager to execute a non-exclusive Agreement with Alshifa Medical Group, Inc. ("Alshifa") (Attachment A) and a non-exclusive Agreement with Dameron Hospital Association ("Dameron") (Attachment B) to provide occupational health services. Contracting with two (2) vendors will allow the City to utilize the services of either vendor, thus expanding the City's network of services beyond the current structure. It is also recommended that this motion authorize the City Manager to take actions necessary and appropriate to carry out the purpose and intent of this agreement. Department: Human Resources Attachments: Attachment A - Alshifa Medical Group Inc Services Agreement Attachment B - Dameron Hospital Association Services Agreement 12.4 15-2093 APPROVE AN AGREEMENT TO EXTEND THE TERM OF THE EASTERN SAN JOAQUIN COUNTY GROUNDWATER BASIN AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT AND AUTHORIZE PAYMENT OF THE ANNUAL MEMBERSHIP FEE Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute an agreement to extend the term of the Eastern San Joaquin County Groundwater Basin Authority Joint Exercise of Powers Agreement and authorize payment of the annual membership of $20,000. Department: Municipal Utilities Attachments: Attachment A - GBA Agreement 12.5 15-2107 RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE OPERATIONS AND MAINTENANCE UNIT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by Resolution the attached Operations and Maintenance Unit (O&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 - O and M MOU Redlined Proposed Resolution - O and M MOU Exhibit 1 - O and M MOU City of Stockton Page 4 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final November 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 16. HEARINGS**** 16.1 15-2015 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO ALLOW THE ESTABLISHMENT OF A PROPOSED LIQUOR STORE WITH THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES AT 8135 WEST LANE (P15-219, APN 088-180-05) Subsequent to the publication of the Public Hearing for this item, the appellant withdrew the request for appeal. This item will not be considered, and no further action will be taken. Department: Community Development 16.2 15-2124 ACTION ON THE STOCKTON ECONOMIC STIMULUS PLAN Recommended Action: RECOMMENDATION Council is asked to consider the information provided in determining how to implement incentives for development in Stockton by waiving the collection of Public Facilities Fees and asking staff to propose specific additional fee reductions for South Stockton and Downtown Stockton. Department: Community Development Attachments: Attachment A - Stockton Economic Stimulus Plan Attachment B - SESP modified plan 101315 Attachment C - SESP Summary Attachment D - Scenario Modeling 102715 Attachment E - SJCOG email Attachment F - Council considerations 102015 Attachment G - Residential-vacant land 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-2142 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES City of Stockton Page 5 Printed on 10/29/2015 City Council/Successor Agency to Meeting Agenda - Final November 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Information only, no action required. Department: City Clerk Attachments: 2015-08-26 Minutes Community Improvement and Crime Prevention 2015-08-31 Minutes Charter Ad-Hoc Minutes 2015-09-14 Minutes Council Audit Committee *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 10/29/2015