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, December 8, 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 15-1762 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 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 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 15-1774 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 15-1827 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 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 12. CONSENT AGENDA 12.1 15-2126 AUTHORIZE THE STOCKTON FIRE DEPARTMENT TO CONDUCT A 16-WEEK ENTRY LEVEL FIREFIGHTER RECRUIT TRAINING ACADEMY SCHEDULED TO COMMENCE FEBRUARY 1, 2016 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution amending the FY 2015-16 Annual Budget and authorizing the Fire Department to establish revenue estimates and corresponding budget appropriations for revenues generated from fees charged for providing entry level Fire Academy training services to outside agencies and reimbursements from California Firefighter Joint Apprenticeship Committee. Department: Fire Attachments: Proposed Resolution 12.2 15-2014 ACCEPT GRANT AWARD, APPROPRIATE FUNDS, AND APPROVE PURCHASE OF FIVE ELECTRIC MOTORCYCLES FROM ECKHAUS FLEET, LLC UTILIZING GRANT FUNDING FROM THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT City of Stockton Page 3 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution and approve findings: 1. Accepting a grant award from the San Joaquin Valley Air Pollution Control District (SJVAPCD) in the amount of $100,000. 2. Appropriating grant funds from the SJVAPCD in the amount of $100,000. 3. Authorizing the purchase of five Zero DS electric motorcycles from Eckhaus Fleet, LLC in the amount of $104,940. 4. Authorizing staff to submit necessary documents to receive the California Air Resources Board (CARB) rebate of $4,500. 5. Appropriating CARB rebate in the amount of $4,500. 6. Approving the findings as follows: a. The City has received a $100,000 grant from SJVAPCD for the purchase of five new electric powered Zero DS motorcycles. b. The City has established a purchasing agreement for the purchase of five new 2016 Zero DS motorcycles with a sole source vendor, Eckhaus Fleet, LLC. c. Eckhaus Fleet, LLC is the sole distributor of Zero Motorcycles in California. Department: Public Works Attachments: Attachment A - SJVAPCD Funding Agreement Attachment B - Letter from Zero Motorcycles Attachment C - Eckhaus Fleet LLC Quote Proposed Resolution 12.3 15-2119 REJECT THE BID FROM PACIFIC TRENCHLESS INC. FOR THE CONSTRUCTION OF THE 2014 SANITARY SEWER REHABILITATION, PROJECT NO. M14006 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to reject all bids received on August 27, 2015, for the construction of the 2014 Sanitary Sewer Rehabilitation Project No. M14006. 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 City of Stockton Page 4 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Vicinty Map 12.4 15-2122 APPROVE THE PLANS AND SPECIFICATIONS AND AWARD A SERVICE CONTRACT TO ODYSSEY LANDSCAPE COMPANY, INC. FOR CITY-WIDE STREET, MEDIAN AND OPEN SPACE LANDSCAPE MAINTENANCE AND WEED CONTROL, PROJECT NO. O&M-16-002 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to approve the plans and specifications and to award a three-year Service Contract in the aggregate amount of $3,581,886 ($1,193,962 annually) to Odyssey Landscape Company, Inc. (Odyssey), of Lodi, CA, for City-Wide Street, Median and Open Space Landscape Maintenance and Weed Control, Project No. O&M-16-002 and to approve up to three one-year extensions to this contract. 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 the motion. Department: Public Works Attachments: Attachment A - Special Provisions Attachment B - Contract to Odyssey Landscape Company Inc Attachment C - Landscape Maintenance and Weed Control 12.5 15-2097 TOWING SERVICE VENDORS FOR THE POLICE DEPARTMENT Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion authorizing a five-year extension of the City of Stockton Tow Rotation Agreement for 2016 to 2020 and establish a new baseline tow rate structure pursuant to the Agreement. Department: Police Attachments: Attachment A - Tow Rotation Agreement 2016-2020 12.6 15-2109 FIREARMS EXAMINER CONTRACT Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion an agreement with Rocky L. Edwards, dba Rock-Forensics Firearms Consulting (Rocky Edwards) in an amount not to exceed $333,618 for a three-year period for services through December 31, 2018, contingent each year on approved grant funding. Department: Police Attachments: Attachment A - Professional Services Contract 12.7 15-2127 AUTHORIZATION TO PAY SAN JOAQUIN GENERAL HOSPITAL City of Stockton Page 5 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City of Stockton to pay San Joaquin General Hospital for the costs associated with sexual assault medical examinations, as obligated pursuant to Penal Code section 13823.95 in an amount of $1,824 per exam. Department: Police 12.8 15-2133 GRANT AWARD FOR THE NATIONAL INITIATIVE - SITE COORDINATOR PILOT PROGRAM 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 Department of Justice's Office of Juvenile Justice and Delinquency Prevention in the amount of $120,000 for the National Initiative - Site Coordinator Pilot Program, 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 this Resolution. Department: Police Attachments: Proposed Resolution - National Initiative Grant Exhibit 1 - National Initiative Grant Agreement 12.9 15-2148 APPROVE ORDINANCE AMENDING STOCKTON MUNICIPAL CODE 2.94 STOCKTON ARTS COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council approve changes to a proposed ordinance to amend Title 2. Chapter 2.94 of the Stockton Municipal Code concerning the Stockton Arts Commission. The proposed changes were passed unanimously by the City Council Legislation/Environmental Committee on October 20, 2015. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of these changes. Department: Community Services Attachments: Attachment A - Ordinance (Redline Version) 12.10 15-2155 APPROVE THE PUBLIC ART ADVISORY COMMITTEE PUBLIC ART PLAN AND APPROVE AN APPROPRIATION OF $100,000 FOR A SCULPTURE IN VICTORY PARK City of Stockton Page 6 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION: It is recommended that the City Council approve a resolution adopting the 2015-16 Annual Public Art Plan as recommended by the Public Art Advisory Committee. The Annual Public Art Plan includes an appropriation of $100,000 from the Public Art Fund 306 fund balance for the design, fabrication, and installation of a sculpture in Victory Park. It is recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent the resolution. Department: Community Services Attachments: Attachment A - Public Art Plan 2015 Proposed Resolution 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-2219 FISCAL YEAR 2014-2015 THIRD AND FOURTH QUARTER BUDGET STATUS UPDATE REPORT Recommended Action: RECOMMENDATION It is recommended that the City Council accept by resolution the year-end budget status report for Fiscal Year (FY) 2014-15 (unaudited) for the City's General Fund and other funds of significant impact, and authorize the recommended budget amendments and transfers to the FY 2014-15 Annual Budget in the General Fund, the Debt Service Fund, the Community Block Grant Fund (CDBG), Retirement Internal Service Fund (ISF), City Administration Building Fund, Low and Moderate Income Housing Fund, and the Golf Fund. Department: Administrative Services Attachments: Attachment A - 2014-15 GF Year-End Budget Update Attachment B - 2014-15 Fourth Quarter Revenues Attachment C - Bankruptcy Major Creditors with PoA Impact Attachment D - 2014-15 Bankruptcy Fund Proposed Resolution - 2014-15 Q4 Budget Update and Amendments Exhibit 1 - 2014-15 Budget Amendments 15.2 15-2224 AUTHORIZING ONE-TIME EXPENDITURES City of Stockton Page 7 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution amending the Fiscal Year (FY) 2015-16 General Fund budget and restricting General Fund balance at 6/30/15 from one-time revenues in the amount of $8,500,000 as outlined in the following staff report. It is further recommended that the resolution authorize the City Manager to appropriate expenditures and transfers, to make associated transfers, and take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: City Manager Attachments: Attachment A - PD Helicopter Report Attachment B - Press Enterprise Article Attachment C - Library Memo Proposed Resolution - One Time Expenditure Plan 15.3 15-2200 INTERAL AUDIT PLAN UPDATE Recommended Action: RECOMMEDATION There is no recommended action. The purpose of this staff report is to provide an update to the City Council related to the progress of the Internal Audit Plan. Department: City Manager Attachments: Attachment A - Internal Audit Plan 15.4 15-2202 REVIEWING THE 2016 STATE AND FEDERAL LEGISLATIVE PROGRAMS Recommended Action: RECOMMENDATION It is recommended that the City Council review and provide feedback related to the proposed 2016 State and Federal Legislative Programs and direct the City Manager to bring forward finalized legislative programs for adoption. Department: City Manager Attachments: Attachment A - Draft 2016 State Legislative Program Attachment B - Draft 2016 Federal Legislative Program 16. HEARINGS**** 16.1 15-2135 ADOPT AN ORDINANCE REPEALING TITLE 13, CHAPTER 13.08 FORMERLY KNOWN AS WASTEWATER DISCHARGES AND TREATMENT WORKS IN ITS ENTIRETY, RENAMING AND REENACTING AS SEWER USE AND APPROVE A RESOLUTION ACCEPTING REVISIONS TO THE ENFORCEMENT RESPONSE PLAN AS REQUIRED BY FEDERAL AND STATE REGULATIONS City of Stockton Page 8 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt an ordinance repealing Stockton Municipal Code Title 13, Chapter 13.08 formerly known as Wastewater Discharges and Treatment Works in its entirety, reenacting Title 13 Chapter 13.08 and renaming as Sewer Use. 2. Approve a resolution accepting revisions to the Enforcement Response Plan as required by Federal and State regulations. 3. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Attachment A - Ordinance - Redline Version Attachment B - ERP - Redline Version Attachment C - PCA Report 2014-2015 Attachment D - City Responses 2014-2015 Proposed Resolution Exhibit 1 - ERP Proposed Ordinance 16.2 15-2176 RESOLUTION APPROVING THE INTENT OF CITY OF STOCKTON IN COMBINATION WITH THE CALIFORNIA WATER SERVICE COMPANY TO FORM A NEW GROUNDWATER SUSTAINABILITY AGENCY IN THE EASTERN SAN JOAQUIN COUNTY GROUNDWATER BASIN ESTABLISHED UNDER THE SUSTAINABLE GROUNDWATER MANAGEMENT ACT City of Stockton Page 9 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Manager to: 1. File a Notice of the Decision and Intent to Become a Groundwater Sustainability Agency (GSA) with the California Department of Water Resources (DWR). This notice will establish the intent of the City of Stockton (City) in combination with California Water Service Company (Cal Water) to become the new GSA within their Urban Service Area boundaries in the Eastern San Joaquin Sub-basin (Basin) within 30 calendar days of the date of this Resolution. 2. Provide additional exhibits to DWR including a boundary map showing the Urban Service Areas in the Basin and a list of interests of beneficial users, users of groundwater and those responsible for implementing a GSA within 30 calendar days of the date of this Resolution. 3. Authorize the Municipal Utilities Department (MUD) to work in collaboration with other local agencies in developing a Groundwater Sustainability Plan (GSP) and other agreements for the Basin. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution including filing and executing all required notices and documents. Department: Municipal Utilities Attachments: Attachment A - Public Hearing Notice as of 12-8-15 Attachment B - GSA Notice of Intent Proposed Resolution - Groundwater Sustainability Agency 16.3 15-1602 PUBLIC HEARING: APPROVE AN OFFICE AND INDUSTRIAL SALES TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF STOCKTON, BED BATH & BEYOND INC. AND RETAIL DEVELOPMENT WEST LLC, AND AMEND THE OFFICE AND INDUSTRIAL SALES TAX INCENTIVE PROGRAM GUIDELINES 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, Bed Bath & Beyond, Inc., and Retail Development West, LLC; 2. Amending the Office and Industrial Sales Tax Incentive program guidelines to allow for retention of jobs and capital investment as a qualifying criteria; 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 City of Stockton Page 10 Printed on 12/2/2015 City Council/Successor Agency to Meeting Agenda - Final December 8, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Resolution 2014-08-12-1601 Proposed Resolution - Industrial Sales Tax Incentive Exhibit 1 - Sales Tax Sharing Agreement BBBY Exhibit 2 - Amended Program Guidelines 17. COUNCIL COMMENTS 18. ADJOURNMENT 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 11 Printed on 12/2/2015