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) Michael C. Blower (District 4) Michael D. Tubbs (District 6) Tuesday, June 7, 2016 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 16-2734 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) City of Stockton Page 1 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Name of Case: R.T. Nuu, et al. v. City of Stockton, et al. (United States District Court, Eastern District Case No. 2:15-CV-00430-TLN-KJN) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 16-2735 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 3.3 16-2736 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-2737 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: One Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(c). Department: City Attorney 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG City of Stockton Page 2 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 16-2578 REJECT BID FOR PURCHASE OF SIX ONE-TON SERVICE BODY PICKUP TRUCKS (PUR 15-031) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting the single bid that was received for the purchase of six one-ton service body pickup trucks (PUR 15-031). 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 - Chase Chevrolet Bid 12.2 16-2587 APPROVE MOTION AUTHORIZING A SECOND AMENDMENT TO AGREEMENT WITH FAMILY RESOURCE AND REFERRAL CENTER OF SAN JOAQUIN FOR OPERATION OF THE GARY AND JANICE PODESTO TEEN IMPACT CENTER Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving and authorizing a Second Amendment to the Agreement with Family Resource and Referral Center of San Joaquin to renew agreement for the Operation of the Gary and Janice Podesto Teen Impact Center for five years and authorize the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - 2011 Operations Agreement Podesto Teen Center - FRRC Attachment B - Operations Agreement Podesto Teen Center Attachment C 2nd Amenment 12.3 16-2592 AWARD A CONSTRUCTION CONTRACT TO MOZINGO CONSTRUCTION, INC. FOR THE 2014 SANITARY SEWER REHABILITATION PROJECT, PHASE 1 (PROJECT NO. M14006) City of Stockton Page 3 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the filing of Notice of Exemption No. CE001-16 under the California Environmental Quality Act (CEQA) for the 2014 Sanitary Sewer Rehabilitation Project, Phase 1 (Project No. M14006). 2. Adopt the plans and specifications for the 2014 Sanitary Sewer Rehabilitation Project, Phase 1 (Project No. M14006). 3. Award a Construction Contract in the amount of $572,885 to Mozingo Construction, Inc., of Oakdale, CA, for the 2014 Sanitary Sewer Rehabilitation Project, Phase 1 (Project No. M14006). 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: Public Works Attachments: Attachment A - Vicinity Map Proposed Resolution - 2014 Sanitary Sewer Rehabilitation Exhibit 1 - 2014 Sanitary Sewer Rehabilitation Exemption Exhibit 2 - Mozingo Construction Contract 12.4 16-2595 APPROVE THE COOPERATIVE PRICING AGREEMENT WITH E-Z GO TEXTRON FOR GOLF CARTS LEASED THROUGH WELLS FARGO FINANCIAL LEASING, INC. Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving findings that support an exception to the competitive bidding process and authorize the City Manager to utilize a national cooperative agreement issued by the city of Tucson Arizona, and administered by the National Intergovernmental Purchasing Alliance Company (NIPA), to lease 100 E-Z Go Textron electric golf carts for 36 months in the amount of $357,123 using the E-Z Go lease agent, and approve an agreement with Wells Fargo Financial Leasing, Inc., and to take appropriate actions necessary to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Contract EZGO Attachment B - City of Stockton NIPA Registration Attachment C - EZ Go Quote Attachment D - Lease Docs Packet 12.5 16-2645 EXECUTE CONTRACT AGREEMENTS TO PURCHASE WATER AND WASTEWATER TREATMENT CHEMICALS THROUGH THE BAY AREA CHEMICAL CONSORTIUM City of Stockton Page 4 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. authorize the City Manager to execute contracts for the purchase of chemicals for water and wastewater treatment for Fiscal Year 2016-2017, and 2. approve findings of an exception to the competitive bidding process. It is also recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and the motion. Department: Municipal Utilities Attachments: Attachment A - Contract - Univar-Citric Acid Attachment B - Contract - Thatcher-Ferric Chloride Attachment C - Contract - Univar-Sodium Bisulfite Attachment D - Contract - Brenntag-Sodium Hydroxide Attachment E - Contract - Univar-Sodium Hypochlorite Attachment F - Contract - Sierra Chemical-Sulfur Dioxide Attachment G - Contract - Pacific Coast-Sulfuric Acid Attachment H - Contract - Polydyne WE-906 Attachment I - Contract - Polydyne NW-127 Attachment J - Contract - CalChem CC2000 12.6 16-2660 AMENDMENTS TO LOANS FOR THE GRAND VIEW VILLAGE, ANCHOR VILLAGE, AND CAL WEBER 40 PROJECTS Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution: 1) Approving an amendment to the loans for the Anchor Village and Grand View Village housing projects to allow the expenditure of a portion of previously approved loans; 2) Approving an amendment to the loan to the Cal Weber 40 project to increase the loan by $525,000 using Low-Moderate Income Housing Funds; and 3) Authorizing the City Manager, or his designee, to execute all documents, including loan documents and subordination agreements, and to take actions necessary and appropriate to carry out the purpose and intent of the resolution. Department: Economic Development City of Stockton Page 5 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Resolution 2015-06-09-1202 Attachment B - Vicinity Map Attachment C - Resolution 2014-06-24-1506 Attachment D - Resolution 2014-12-16-1211 Attachment E - Miner Avenue Streetscape Attachment F - Resolution 2015-07-07-1208 Attachment G - Cal Weber Rendering Attachment H - Anchor Village Loan Agreement Attachment I - Grand View Village Construction Loan Agreement Attachment J - Cal Weber 40 Loan Agreement Amd Proposed Resolution - Amendment of Loans 12.7 16-2661 AUTHORIZE FACADE IMPROVEMENT FORGIVABLE LOAN OF $99,500 TO PINK OCEAN HOSPITALITY, LLC FOR THE PROPERTY LOCATED AT 33 NORTH CENTER STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing a Facade Improvement Forgivable Loan to Pink Ocean Hospitality, LLC, for the commercial property located at 33 North Center Street in the amount of $99,500; and 2. Authorizing the City Manager, or his designee, to take all actions necessary and appropriate to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Property Photos Attachment C - Color Rendering of Proposed Improvements Proposed Resolution - 33 North Center Facade Improvement Loan 12.8 16-2671 SAN JOAQUIN COUNCIL OF GOVERNMENTS’ ANNUAL FINANCIAL PLAN FOR FISCAL YEAR 2016-17 Recommended Action: RECOMMENDATION It is recommended that by motion action the City Council ratify the San Joaquin Council of Governments' Annual Financial Plan for Fiscal Year 2016-17. Department: City Manager Attachments: Attachment A - SJCOG 2016-17 Annual Financial Plan 12.9 16-2693 MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON CITY EMPLOYEES’ City of Stockton Page 6 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent ASSOCIATION, TRADES AND MAINTENANCE UNIT, OPERATIONS AND MAINTENANCE UNIT, WATER SUPERVISORY UNIT, AND MODIFICATIONS TO THE UNREPRESENTED MANAGEMENT/CONFIDENTIAL AND LAW EMPLOYEES’ COMPENSATION PLAN Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by resolution the attached successor Memoranda of Understanding (MOU's) effective July 1, 2016 through June 30, 2019, and amended Unrepresented Compensation Plan, with the following groups: 1. Stockton City Employees' Association (SCEA); 2. Trades and Maintenance Unit (T&M); 3. Operations and Maintenance Unit (O&M); 4. Water Supervisory Unit; and 5. Unrepresented Management/Confidential and Law Employees' 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 resolution, including implementation and funding of these successor MOU's, and Compensation Plan. Department: Human Resources Attachments: Attachment A - SCEA MOU- redlined Attachment B - Trades & Maintenance MOU - redlined Attachment C - Operations & Maintenance MOU- redlined Attachment D - Water Supervisory Unit MOU- redlined Attachment E - Unrepresented Employee Compensation Plan - redlined Proposed Resolution - 2016-19 Bargaining Unit MOU Exhibit 1 - SCEA MOU Exhibit 2 - Trades & Maintenance MOU Exhibit 3 - Operations & Maintenance MOU Exhibit 4 - Water Supervisory Unit MOU Exhibit 5 - Unrepresented Employee Compensation Plan Exhibit 6 - Budget Amendment 12.10 16-2702 MOTION AUTHORIZING A CONTRACT FOR LIBRARY SOFTWARE, EQUIPMENT, AND SUPPORT BY SIRSIDYNIX CORPORATION City of Stockton Page 7 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving findings that support an exception to the competitive bidding process and authorize the City Manager to execute a four-year agreement with SirsiDynix Corporation, for applications, hardware, installation, maintenance, and support for a total of $702,503. It is further recommended that this motion authorize the City Manager to take appropriate actions necessary to carry out the purpose and intent of this motion. Department: Community Services Attachments: Attachment A - SirsiDynix Agreement Attachment B - Library 4-Year SirsiDynix Expenditure Projection 12.11 16-2711 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: Approve minutes from the Special City Council meetings of April 6, 2016 and May 18, 2016 and the minutes from the April 12, 2016 and May 10, 2016 regularly scheduled City Council meetings. Department: City Clerk Attachments: 2016-04-06 Special Minutes for Approval 2016-05-18 Special Minutes for Approval 2016-04-12 Minutes for Approval 2016-05-10 Mintues for Approval 12.12 16-2748 ADOPT RESOLUTION MAKING MINOR AMENDMENTS TO A FUNDING PROPOSAL FOR CITY OF STOCKTON LIBRARY AND RECREATION SERVICES ON THE NOVEMBER 8, 2016 BALLOT Recommended Action: RECOMMENDATION Adopt a resolution making minor amendments to the ballot measure seeking voter approval of a special transactions and use sales tax of one-quarter cent for 16 years, for the provision of library and recreation services. Department: City Manager Attachments: Attachment A - Redline Library and Recreation TUT Ordinance Proposed Resolution - Library Tax Ballot Measure Exhibit 1 - Library and Recreation TUT Ordinance 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-2706 APPOINTMENT TO SAN JOAQUIN REGIONAL TRANSIT DISTRICT City of Stockton Page 8 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent BOARD Recommended Action: RECOMMENDATION Adopt a resolution appointing one commissioner to fill the vacancy on the San Joaquin Regional Transit District Board for a term commencing July 1, 2016, and ending June 30, 2020. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - SJRTD Appointment 15.2 16-2744 ADOPT AN ORDINANCE PROMOTING HEALTHY COMMUNITIES FOR HEALTHY KIDS Recommended Action: RECOMMENDATION The Legislation and Environmental Committee recommends that the City Council adopt an ordinance amending Title 5 of the Stockton Municipal which promotes healthy communities for healthy kids by establishing default beverages offered with restaurant children's meals. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - May 3 Healthy Communities Presentation.pdf Attachment B - Support Letters for Health Communities Ordinance.pdf Proposed Ordinance - Amending Title 5, and Adding Chapter 5.70 15.3 16-2749 CONSIDER PLACING ON THE NOVEMBER 8, 2016 GENERAL ELECTION BALLOT AN INITITIAVE AMENDING THE STOCKTON MUNICIPAL CODE TO ALLOW MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION Recommended Action: RECOMMENDATION This item was placed on the agenda at the request of Mayor Anthony Silva and Vice-Mayor Christina Fugazi. Department: City Clerk Attachments: Attachment A - Ballot Title and Summary Attachment B - Proposed Ordinance Purpose and Intent 16. HEARINGS**** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 9 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on June 2, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 10 Printed on 6/2/2016 City Council/Successor Agency to Meeting Agenda - Final June 7, 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. Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting. 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 6/2/2016