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) Vacant (District 4) Michael D. Tubbs (District 6) Tuesday, February 23, 2016 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 16-2342 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Recommended Action: 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: Julita Tamargo, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. 39-2012-00287553) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney City of Stockton Page 1 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 3.2 16-2343 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.3 16-2344 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: 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 3.4 16-2413 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 15-2159 APPROVE REFUND OF STORMWATER SERVICE CHARGES COLLECTED City of Stockton Page 2 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to authorize the refund of Wastewater service charges to Oldcastle APG West Inc. (OAWI) in the amount of $81,567.08. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Administrative Services Attachments: Attachment A - Oldcastle APG West Inc Refund Request Attachment B - Proof of Payment - Copy of Check that Cleared Bank 12.2 15-2257 ACCEPT BY MOTION QUARTERLY INVESTMENT REPORT FOR QUARTERS ENDING MARCH 30, 2015, JUNE 30, 2015, SEPTEMBER 30, 2015, AND DECEMBER 31, 2015 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Reports for the quarters ending March 30, 2015, June 30, 2015, September 30, 2015, and December 31, 2015. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report - Quarter Ended 3-31-15 Attachment B - Quarterly Investment Report - Quarter Ended 6-30-15 Attachment C - Quarterly Investment Report - Quarter Ended 9-30-15 Attachment D - Quarterly Investment Report - Quarter Ended 12-31-15 12.3 15-2210 RESCIND CITY COUNCIL RESOLUTIONS 98-0058, 01-0125, AND 02-0362, AND REPLACE THE YOUTH ADVISORY COMMISSION WITH THE TEEN LEADERSHIP COUNCIL OF THE PODESTO TEEN IMPACT CENTER AS THE OFFICIAL VOICE FOR YOUTH IN THE CITY OF STOCKTON Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rescinding City Council Resolution Nos. 98-0058, 01-0125, and 02-0362 establishing and amending the Youth Advisory Commission, designate the Teen Leadership Council of the Podesto Teen Impact Center as the official body advising the City Council on matters concerning the youth of Stockton, including the designation of one member as a representative to the Stockton Parks and Recreation Commission. Department: Community Services Attachments: Attachment A - Teen Leadership Council Bylaws Proposed Resolution - Teen Leadership Council 12.4 16-2312 MOTION APPROVING A THREE YEAR OPERATING AGREEMENT FOR OAK PARK TENNIS COMPLEX City of Stockton Page 3 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion authorizing the City Manager to execute a three year agreement (Attachment A) with Peter Juarez for the operation of the Oak Park Tennis Complex. It is further recommended that the motion authorize the City Manager to take necessary actions to carry out the intent of this motion. Department: Community Services Attachments: Attachment A - Oak Park Tennis Center 2016 Peter Juarez agreement Attachment B - Oak Park Tennis Center Map of area 12.5 15-2239 AWARD A SERVICE CONTRACT TO WEST COAST ARBORISTS, INC. FOR TREE REMOVAL SERVICES, PROJECT NO. O&M 16-007 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Approve the plans and specifications for Project No. O&M 16-007 for tree removal services. 2. Award a three year Service Contract in the amount of $257,800 to West Coast Arborists, Inc. of Stockton, California. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Public Works Attachments: Attachment A - Service Contract Attachment B - Schedule of Values 12.6 15-2284 RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS, APPROPRIATING FUNDS, ADJUSTING BUDGETED FEDERAL FUNDING AND AWARDING A CONSTRUCTION CONTRACT FOR THE CENTER STREET AND EL DORADO STREET OVERPASS REHABILITATION, PROJECT NO. PW9748/FEDERAL PROJECT NO. BRLS-5008(103) City of Stockton Page 4 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 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. Approve the plans and specifications for the Center Street and El Dorado Street Overpass and Rehabilitation, Project No. PW9748/Federal Project No. BRLS-5008(103). 2. Appropriate funding to the Measure K Maintenance Fund (082) in the amount of $179,800. 3. Appropriate funding to the Capital Grants Fund (308) in the amount of $1,387,767. 4. Adjust the budgeted federal funding for Project No. PW9748 to reflect the actual federal grant amount of $2,416,869. 5. Award a Construction Contract in the amount of $1,567,567 to the lowest bidder, Truesdell Corporation (Truesdell), of Tempe, AZ, for the Center Street and El Dorado Street Overpass Rehabilitation, Project No. PW9748/Federal Project No. BRLS-5008(103); and 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 resolution. Department: Public Works Attachments: Attachment A - Vicinity Map Proposed Resolution - El Dorado Street Overpass Exhibit 1 - Construction Contract 12.7 15-2254 PURCHASE FORCE OPTIONS AND DRIVING SIMULATOR FOR THE CITY OF STOCKTON POLICE DEPARTMENT Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion adopting findings to support the purchase of the MILO Range Pro Training Systems force options simulator and associated installation equipment for $49,680, and the FAAC, Inc. Driving Force Simulator for $120,445, for a total project cost not to exceed $170,125. Department: Police Attachments: Attachment A - Force Options and Driving Simulator 90-Day Quote 12.8 16-2307 AWARD A CONSTRUCTION CONTRACT TO BMY CONSTRUCTION GROUP INC. FOR TENANT IMPROVEMENTS TO 400 EAST MAIN STREET FOR THE RELOCATION OF CITY HALL City of Stockton Page 5 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1) Award a construction contract for the plans and specifications included in the Request for Sealed Bids for Stockton City Hall Relocation 3rd and 4th Floor Tenant Improvements (PUR 15-021) to BMY Construction Group, Inc., in the amount of $420,000, and 2) Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Economic Development Attachments: Attachment A - BMY Construction Contract 12.9 16-2315 ADOPT A RESOLUTION APPROVING THE DOWNTOWN STOCKTON ALLIANCE PROPOSED 2016 ANNUAL OPERATING BUDGET, ASSESSMENT, AND 2015 ANNUAL REPORT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the proposed 2016 Operating Budget, Assessment, and 2015 Annual Report for the Property and Business Improvement District commonly known as the Downtown Stockton Alliance, a non-profit corporation, which operates the Downtown Stockton Management District. Department: Economic Development Attachments: Attachment A - SRD 2015-09-22-1208 Proposed Resolution - 2016 DSA assessment Exhibit 1 - DSA 2016 Budget Exhibit 2 - 2016 DSA PBID Assessments Exhibit 3 - DSA annual report 2015 12.10 16-2370 APPROVAL OF COUNCIL MINUTES Recommended Action: Approve the minutes from the December 8, 2015, January 12, 2016, and January 26, 2016 City Council meetings. Department: City Clerk Attachments: 2015-12-08 - Council Meeting Minutes 2016-01-12 City Council Minutes 2016-01-26 City Council Minutes 12.11 16-2374 APPROVE RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF SILVER & WRIGHT, LLP Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving an Agreement for Legal Services with Silver & Wright, LLP. City of Stockton Page 6 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: City Attorney Attachments: Proposed Resolution Exhibit 1 - Agreement 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-2412 CITY COUNCIL DISTRICT 4 CANDIDATE INTERVIEWS AND SELECTION Recommended Action: Approve Resolution to fill the vacant Council seat in district 4. The vacancy was created when Councilmember Moses Zapien was appointed to serve on the San Joaquin County Board of Supervisors. Summary The City Council will be reviewing and interviewing applicants who have qualified to be considered to fill the vacant Council seat in district 4. The term will commence immediately upon appointment, for the remainder of former Councilmember Zapien's term, ending December 31, 2016. The following applicants have met the requirements and have qualified for Council's consideration: Marcie Bayne Michael Blower Susan Lenz Jimmie Rishwain Attachments Attachment A - District 4 applications - Redacted Department: City Clerk Attachments: Attachment A - Marcie Bayne Redacted Application Attachment B - Michael Blower Redacted Application Attachment C - Susan Lenz Redacted Application Attachment D - Jimmie Rishwain Redacted Application Proposed Resolution - District 4 Appointment 16. HEARINGS**** 16.1 16-2371 CONSIDERATION OF THE DOWNTOWN STOCKTON OPEN WINDOW DEVELOPMENT PROJECT City of Stockton Page 7 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION City of Stockton It is recommended that the City Council adopt two resolutions and an ordinance as follows: Resolution 1 1. Adopting a Mitigated Negative Declaration and Mitigation Monitoring Report; 2. Approving a Master Development Plan; and 3. Approving a Water Supply Assessment Report (SB610) for the Open Window project in Downtown Stockton, in accordance with the Findings for Decision and Conditions of Approval detailed herein (MDP1-14). Resolution 2 1. Approving an Option Agreement between the City of Stockton and Open Window Project LLC, for the disposition of City-owned properties; and 2. Making a Finding of conformity with the General Plan in accordance with California Government Code 65402 AND Stockton Development Code section 16.72.030.D. Ordinance 1. Approving a Development Agreement Parking Authority It is recommended that the Parking Authority adopt a resolution as follows: 1. Approving an Option Agreement between the Parking Authority and Open Window Project LLC, for the disposition of Parking Authority-owned properties; and 2. Making a Finding of conformity with the General Plan in accordance with California Government Code 65402. Department: Community Development City of Stockton Page 8 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Location Map Attachment B - Master Development Plan Attachment C - Initial Study and Proposed Mitigated Negative Declaration Attachment D - Development Agreement Attachment E - Option Agreement Attachment F - Water Supply Assessment Report Attachment G - Existing and Proposed Land Use Conditions Attachment H - Illustrative Examples of MDP Area Attachment I - Vicinity Map City Council Proposed Resolution 1 City Council Proposed Resolution 2 Exhibit 1 Proposed Ordinance Parking Authority Proposed Resolution Exhibit 1 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-2283 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2015-06-10 Measure W Oversight Committee Minutes City of Stockton Page 9 Printed on 2/18/2016 City Council/Successor Agency to Meeting Agenda - Final February 23, 2016 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 2/18/2016