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 Michael D. Tubbs Mayor/Chair Elbert H. Holman Jr. Vice Mayor/Vice Chair (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Susan Lenz (District 4) Christina Fugazi (District 5) Jesús M. Andrade (District 6) Tuesday, March 7, 2017 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 17-3421 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 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 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 17-3423 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 17-3425 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-3428 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Two Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG The Invocation will be lead by Pastor Bud Locke of the Stockton Covenant Church 8. REPORT OF ACTION TAKEN IN CLOSED SESSION City of Stockton Page 2 Printed on 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 10.1 17-3341 PROCLAMATION: NATIONAL ATHLETIC TRAINING MONTH MARCH 2017, “YOUR PROTECTION IS OUR PRIORITY” Recommended Action: Recipient: Ernest DeLosAngeles, Jr. Department: Office of the Mayor 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 17-3371 ACCEPT BY MOTION ACTION INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES OF MEASURES A AND B REVENUES AND EXPENDITURES FOR YEAR ENDED JUNE 30, 2016 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion action the Independent Accountant's Report on applying agreed-upon procedures of Measures A and B Revenues and Expenditures for Year Ended June 30, 2016 (Attachment A). Department: Administrative Services Attachments: Attachment A - Measure A Independent Report Year Ended June 30 2016 12.2 17-3372 ACCEPT BY MOTION ACTION THE REPORT ON INTERNAL CONTROLS FOR THE YEAR ENDED JUNE 30, 2016 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion action the Report on Internal Controls for the year ended June 30, 2016. Department: Administrative Services Attachments: Attachment A - FY 2015-16 Report on Internal Controls 12.3 17-3441 APPOINTMENTS TO THE MAYOR’S TASK FORCE FOR PERSONS WITH DISABILITIES Recommended Action: RECOMMENDATION Adopt a Resolution appointing members to the Mayor's Task Force for Persons with Disabilities for a term commencing immediately and ending January 31, 2018. Department: City Clerk City of Stockton Page 3 Printed on 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Proposed Resolution - Appointments to Task Force Attachment A - Redacted Applications 12.4 17-3300 APPROVE AN AGREEMENT WITH MICHAEL CLAPPER FOR COMMISSIONED PUBLIC ART FOR THE THORNTON ROAD WIDENING PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve an agreement with Artist, Michael Clapper, of Denver, Colorado in the amount of $88,495 for public art services to design, fabricate, and install three sculptural elements entitled "Transcending Vessels" recommended by the Stockton Arts Commission for the Thornton Road Widening Project. 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: Community Services Attachments: Attachment A - Public Art Work Agreement Attachment B - Artist Rendering 12.5 17-3323 APPROVE DISPOSITION OF REAL PROPERTY LOCATED AT 530, 534, 536, and 548 EAST LAFAYETTE STREET; AND 411 SOUTH STANISLAUS STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the filing of Notice of Exemption No. CE004-17 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 530 East Lafayette Street; 534 East Lafayette Street; 536 East Lafayette Street; 548 East Lafayette Street; and 411 South Stanislaus Street; and 2. Authorize the disposition of a 1.70-acre site located at 530 East Lafayette Street; 534 East Lafayette Street; 536 East Lafayette Street; 548 East Lafayette Street; and 411 South Stanislaus Street to Cort Companies, in the amount of $205,597; and 3. Authorize the City Manager, or his designee, to execute the Purchase and Sale Agreement with Cort Companies; and 4. Authorize the City Manager, or his designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development City of Stockton Page 4 Printed on 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Attachment C - Letter of Intent Attachment D - Resolution 2016-10-18-1203 Proposed Resolution - Lafayette and Stanislaus Street Exhibit 1 - Notice of Exemption Exhibit 2 - Proposed Agreement 12.6 17-3375 APPROVE AN AMENDMENT TO THE LOAN FOR THE MEDICO ARTIST FLATS PROJECT TO ALLOW THE EXPENDITURE OF THE PREVIOUSLY APPROVED LOAN AND TO INCREASE THE LOAN BY $750,000 Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution: 1. Approving the expenditure of $2,065,000 of the previously approved $2,225,000 loan to DFA Development LLC for the purpose of acquiring properties located at 242 and 232 North Sutter Street for development of the Medico Artist Flats affordable housing project; and 2. Approving a $750,000 increase in the loan; and 3. Authorizing the City Manager, or his designee, to take appropriate and necessary actions, including executing all loan documents and subordination and other agreements, to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution 2016-12-13-1205 Attachment B - Vicinity Map Attachment C - Medico Artist Flats - Loan Agreement Proposed Resolution - Amendment to the Medico Artist Flats Loan 12.7 16-3149 AUTHORIZE THE CITY MANAGER TO APPROVE A CONTRACT WITH P&A GROUP FOR HEALTH REIMBURSEMENT ARRANGEMENT SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to approve a contract with P&A Group for an initial three-year term, with authority to renew the contract for two additional one-year terms, to provide Health Reimbursement Arrangement (HRA) services to applicable plan participants effective July 1, 2017. Department: Human Resources City of Stockton Page 5 Printed on 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - HRA Agreement with P&A 12.8 16-3157 AUTHORIZE THE CITY MANAGER TO APPROVE A CONTRACT WITH CONNECTEDHEALTH TO PROVIDE ELIGIBILITY SYSTEM SERVICES FOR THE CITY’S HEALTH PLANS Recommended Action: RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to execute a contract and all supporting documents with ConnectedHealth to provide eligibility system services for the City's health plans, to be effective following City Council approval through June 30, 2020, with an additional one-year extension option. Department: Human Resources Attachments: Attachment A – ConnectedHealth Agreement 12.9 16-3263 RESOLUTION APPROVING FINDINGS AND A COOPERATIVE PURCHASING AGREEMENT WITH E. J. WARD, INC. FOR ACQUISITION OF FUEL MANAGEMENT SYSTEM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process. 2. Approve a Cooperative Purchasing Agreement with E. J. Ward, Inc. of San Antonio, Texas, in the amount of $347,305.61, for acquisition of a fuel management system through a BuyBoard National Purchasing Cooperative (BBNPC) contract. 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 - E J Ward - 510-16 - Cooperative Agreement Proposed Resolution - E J Ward Cooperative Agreement Exhibit 1 - E J Ward Cooperative Purchase Agreement 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 16. HEARINGS**** City of Stockton Page 6 Printed on 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 17-3349 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2016 ANNUAL REPORT Recommended Action: RECOMMENDATION Accept the attached Civil Service/Equal Employment Commission's 2016 report as an information item pursuant to City Charter Article XXV, Section 2525. Department: Human Resources Attachments: Annual Report 2016 - Signed Report to Council Regarding Attendance 2016 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 March 2, 2017, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 7 Printed on 3/2/2017 City Council/Successor Agency to Meeting Agenda - Final March 7, 2017 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 8 Printed on 3/2/2017