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, October 18, 2016 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 16-3047 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Six 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: Jovy Tarangco v. City of Stockton (San Joaquin City of Stockton Page 1 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent County Superior Court Case No. 39-2009-00222403-CU-PO-STK) Name of Case: Delta Stewardship Council Cases (Sacramento County Superior Court Case - Judicial Council Coordination Proceeding No. 4758) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 16-3048 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 16-3049 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-3051 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Recommended Action: 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 City of Stockton Page 2 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 16-3043 REPEAL CHAPTER 2.64 OF THE STOCKTON MUNICIPAL CODE REGARDING EMPLOYMENT OF STOCKTON/SAN JOAQUIN SPORTS COMMISSION EMPLOYEES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt an Ordinance repealing Stockton Municipal Code Chapter 2.64 Employment of Stockton/San Joaquin Sports Commission Employees (Attachment A) in its entirety. Department: City Clerk Attachments: Attachment A - Municipal Code Chapter 2.64 Attachment B - Resolution 11-0255 Disestablishing Sports Commission Attachment C - Ordinance 010-11 CS Repealing SMC Chapter 2.98 Proposed Ordinance - Repealing SMC Chapter 2.64 12.2 16-3033 AUTHORIZE A CONTRACT WITH INDIGO HAMMOND+PLAYLE ARCHITECTS, LLP FOR ARCHITECTURAL AND ENGINEERING SERVICES AND APPROPRIATION OF FUNDS RELATING TO THE DESIGN OF TENANT IMPROVEMENTS FOR THE STOCKTON POLICE FACILITIES AT 22 E. MARKET STREET AND 22 E. WEBER AVE City of Stockton Page 3 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1) Approving a contract with Indigo Hammond + Playle Architects, LLP in the amount of $599,800 for architectural and engineering services and appropriating funds relating to the design of tenant improvements for the Stockton Police Department facilities at 22 E. Market Street and the 1st and 3rd floors of 22 E. Weber Avenue; and 2) Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: City Manager Attachments: Proposed Resolution - Indigo Archictectural Services Exhibit 1 - Indigo Contract Agreement 12.3 16-3026 FINALIZING THE DISPOSITION OF SUCCESSOR AGENCY REAL PROPERTY BY TRANSFERRING HOUSING ASSETS, FUTURE DEVELOPMENT AND GOVERNMENTAL USE PROPERTIES FROM THE SUCCESSOR AGENCY TO THE CITY OF STOCKTON Recommended Action: RECOMMENDATION Successor Agency Action It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") adopt two resolutions: 1. Approving the filing of Notice of Exemption No. CE017-16 under the California Environmental Quality Act (CEQA) for the disposition of Successor Agency real property; 2. Approving the transfer of housing properties from the Successor Agency to the City of Stockton ("City"); 3. Approving the transfer of certain Successor Agency-owned properties to the City for governmental use or future development; and 4. Authorizing the Executive Director, or his designee, to execute all documents, and take actions necessary and appropriate to carry out the purpose and intent of the resolutions. City Council Action It is recommended that the City Council adopt a resolution: 1. Approving the filing of Notice of Exemption No. CE017-16 under the California Environmental Quality Act (CEQA) for the disposition of Successor Agency real property; 2. Approving the acceptance of the properties transferred from the Successor Agency to the City via grant deed; and 3. Authorizing the City Manager, or his designee, to execute all documents and take actions necessary and appropriate to carry out the purpose and intent of the resolution. Department: Economic Development City of Stockton Page 4 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Housing Assets Approval Attachment B - PMP Approval Attachment C - Housing Properties Map Attachment D - PMP Transfer Properties Map 1 Attachment E - PMP Transfer Properties Map 2 Proposed SA Resolution - Housing Properties Exhibit 1 - Housing Asset Transfer Properties Exhibit 2 - Notice of Exemption CE017-16 Proposed SA Resolution - PMP Transfer Properties Exhibit 1 - PMP Transfer Properties Exhibit 2 - Notice of Exemption Proposed CC Resolution - Grant Deeds Exhibit 1 - PMP Transfer Properties Exhibit 2 - Notice of Exemption 12.4 16-3016 DOWNTOWN INFRASTRUCTURE INFILL INCENTIVE PROGRAM REIMBURSEMENT AGREEMENT WITH OPEN WINDOW PROJECT, LLC Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing a Downtown Infrastructure Infill Incentive Reimbursement Agreement with Open Window Project, LLC for $1.8 million; and 2. Authorizing the City Manager to execute future reimbursements up to an additional $2 million if appropriations are made to the downtown incentive program in subsequent fiscal years; 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 - Resolution 2015-07-07-1502 Attachment B - Project Description Proposed Resolution - Open Window Project Infrastructure Incentive Program Exhibit 1 - Open Window Project Reimbursement Agreement 12.5 16-2699 APPROVE A MOTION ADOPTING FINDINGS SUPPORTING A SOLE SOURCE EXCEPTION TO THE COMPETITIVE BIDDING PROCESS AND APPROVING A CHANGE ORDER TO TIBURON/TRITECH SYSTEM IMPLEMENTATION TERMS AND CONDITIONS TO INCLUDE PURCHASE OF FIRE COMPUTER AIDED DISPATCH MODULE WITH ASSOCIATED TRAINING, PROJECT AND City of Stockton Page 5 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent MAINTENANCE FEES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to: 1. Approve a change order to the Stockton Police Tiburon/TriTech System Implementation contract to include the Computer Aided Fire Dispatch module, along with associated additional Interface Modules, Staff Training and Project and Maintenance Fees for a total project cost not to exceed $597,718. 2. Approve findings that support and justify an exception to the competitive bidding process consistent with Stockton Municipal Code requirements. 3. Appropriate $163,718 from the Computer Internal Service Fund 502 fund balance. 4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Fire Attachments: Attachment A - TriTech-Tiburon Change Proposal Attachment B - TriTech-Tiburon Sales Quotation 12.6 16-3019 ADOPT A RESOLUTION TO EXCLUDE THE FLEET MANAGER CLASSIFICATION FROM THE CIVIL SERVICE SYSTEM Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to exclude the Fleet Manager classification from the Civil Service system. Department: Human Resources Attachments: Proposed Resolution - Fleet Manager Position Exhibit 1 - Mid-Management Positions Covered 12.7 16-3012 AWARD A CONSTRUCTION CONTRACT TO COLLICUTT ENERGY SERVICES, INC. FOR COGENERATION ENGINES NO. 1 & NO. 4 OVERHAUL AND SOURCE TEST - PROJECT NO. M16009 City of Stockton Page 6 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 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. Reject all bids for the Cogeneration Engine No. 1 Overhaul and Source Test, Project No. M09102, previously received on August 14, 2014 for the project advertisement of Cogeneration Engine No. 1 only. 2. Approve the filing of Notice of Exemption No. MUD-CE-5-15 under the California Environmental Quality Act (CEQA) for the Cogeneration Engines No. 1 & No. 4 Overhaul and Source Test, Project No. M16009 (Exhibit 1). 3. Approve the project specifications and addenda for the Cogeneration Engines No. 1 & No. 4 Overhaul and Source Testing, Project No. M16009. 4. Award a construction contract in the amount of $1,087,922 to Collicutt Energy Services, Inc. of West Sacramento for the Cogeneration Engines No. 1 and No. 4 Overhaul and Source Test, Project No. M16009 (Exhibit 2). 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: Proposed Resolution - Cogeneration Engines 1 and 4 Exhibit 1 - NOE - Cogen Engines 1 and 4 Exhibit 2 - Construction Contract - Collicutt 12.8 16-2994 RESOLUTION ADOPTING FINDINGS TO SUPPORT A SOLE SOURCE EXCEPTION TO THE COMPETITIVE BIDDING REQUIREMENT TO PURCHASE THE VISIONX COMPARISON MICROSCOPE FOR FIREARMS EXAMINATION FROM ULTRA ELECTRONICS FORENSICS TECHNOLOGY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution adopting findings to support a sole source exception to the competitive bidding requirement to purchase the VisionX Comparison Microscope for firearms examination from Ultra Electronics Forensic Technology, Inc. in the amount of $98,273. Department: Police Attachments: Proposed Resolution - VisionX Microscope Exhibit 1 - VisionX Budgetary Proposal 12.9 16-3065 STATE OF CALIFORNIA BOARD OF STATE COMMUNITY CORRECTIONS GRANT RESOLUTION AMENDMENT City of Stockton Page 7 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution amending the previously approved Resolution 2016-06-28-1205 for the State of California Board of State Community Corrections Strengthening Law Enforcement and Community Relations Grant to include four additional assurances set forth by the granting agency. Department: Police Attachments: Proposed Resolution - BSCC Grant 12.10 16-3067 GRANT AWARD FOR THE SEXUAL ASSAULT LAW ENFORCEMENT SPECIALIZED UNIT PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to accept grant funding from the California Office of Emergency Services in the amount of $204,500 for the Sexual Assault Specialized Response Unit Program; appropriate a 25 percent cash match in the amount of $68,167, for a total program cost of $272,667, and authorize the City Manager to execute all required contracts or agreements with the granting agency, provide additional information and furnish such documents as may be required, execute all documents and amendments or extensions pertaining to the grant project, and make all required appropriations in compliance with, and for the purposes stated in the project contract, and to take all necessary and appropriate actions to carry out the purpose and intent of the Resolution. Department: Police Attachments: Attachment A - Agreement Proposed Resolution - Sexual Assault Specialized Unit Program 12.11 16-2952 APPROVE RESOLUTION TO AUTHORIZE THE 2015 SANITARY SEWER MAINTENANCE HOLE REHABILITATION (PROJECT NO. M16005) City of Stockton Page 8 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 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. CE015-16 under the California Environmental Quality Act (CEQA) for the 2015 Sanitary Sewer Maintenance Hole Rehabilitation (Project No. M16005). 2. Approve the plans and specifications for the 2015 Sanitary Sewer Maintenance Hole Rehabilitation (Project No. M16005). 3. Award a Construction Contract in the amount of $392,050 to SoCal Pacific Construction Corporation dba National Coating and Lining Company (SoCal), of Murrieta, CA, for the 2015 Sanitary Sewer Maintenance Hole Rehabilitation (Project No. M16005). It is also 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 - 2015 Sanitary Sewer Maintenance Hole Rehab Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12.12 16-2970 APPROVE RESOLUTION TO AUTHORIZE THE TENANT IMPROVEMENTS FOR POLICE ADMINISTRATION AT THE STEWART/EBERHARDT BUILDING, PROJECT NO. PW1535 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the plans and specifications for the Tenant Improvements for Police Administration at the SEB, Project No. PW1535. 2. Award a Construction Contract in the amount of $1,044,000 to Marko Construction Group, Inc. of Fresno, CA, for the Tenant Improvements for Police Administration at the SEB, Project No. PW1535. It is also 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 - Police Administration Tenant Improvement Exhibit 1 - Construction Contract City of Stockton Page 9 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-3015 AUTHORIZATION TO PROCEED WITH REFINANCING WATER BONDS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to: 1. Authorize the City Manager to proceed with activities related to refinancing certain water bonds, subject to subsequent approval by the City Council of the final refinancing documents, 2. Approve findings for exemptions from competitive bidding requirements to appoint an underwriter for the refinancing transaction, and 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Administrative Services Attachments: Attachment A - CCO 8 Del Rio 15.2 16-2993 APPROVAL OF EXCLUSIVE NEGOTIATING RIGHTS AGREEMENTS WITH STOCKTONIANS TAKING ACTION TO NEUTRALIZE DRUGS AND 1501 S. AIRPORT WAY, LLC FOR RETAIL DEVELOPMENT OF INFILL PROPERTIES IN SOUTH STOCKTON Recommended Action: RECOMMENDATION It is recommended the City Council adopt two resolutions: Resolution 1 Approving a 180-day Exclusive Negotiating Rights Agreement between the City of Stockton and Stocktonians Taking Action to Neutralize Drugs (STAND) for the proposed development of a mixed-use retail center located at 2222 & 2244 South Airport Way (South Airport Way & Eighth Street) (Attachment A - Vicinity Map Project 1). Resolution 2 Approving a 180-day Exclusive Negotiating Rights Agreement between the City of Stockton and 1501 S. Airport Way, LLC for the proposed development of a retail center located at 1670 South Union Street & 1501 South Airport Way (South Airport Way & Second Street - Attachment B - Vicinity Map Project 2). City of Stockton Page 10 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Economic Development Attachments: Attachment A - Vicinity Map Project 1 Attachment B - Vicinity Map Project 2 Proposed Resolution - ENRA STAND Exhibit 1 ENRA - STAND - Airport and 8th Proposed Resolution - ENRA Airport LLC Exhibit 1 ENRA - 1501 S Airport Way 16. HEARINGS**** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 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 October 13, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 11 Printed on 10/13/2016 City Council/Successor Agency to Meeting Agenda - Final October 18, 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 12 Printed on 10/13/2016