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 28, 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 17-3422 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 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 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 17-3424 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 17-3426 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-3429 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Three 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 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** City of Stockton Page 2 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CONSENT AGENDA 11.1 17-3480 MAYORAL APPOINTMENT TO THE CALIFORNIA STATE UNIVERSITY STOCKTON CENTER SITE AUTHORITY Recommended Action: It is recommended that the City Council approve a resolution appointing Councilmember Susan Lenz as the City's alternate member of the California State University Stockton Center Site Authority. Department: City Clerk Attachments: Attachment 1 - Mayoral Appointments redline Proposed Resolution - Mayoral Committee Assignment Exhibit 1 - Mayoral Committee Assignments 11.2 17-3492 APPROVAL OF MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council Meetings of February 21 and March 7, 2017 and the City Council Special Meeting of February 20 and February 28, 2017. Department: City Clerk Attachments: 2017-02-20 - Minutes for Approval 2017-02-21 - Minutes for Approval 2017-02-28 - Minutes for Approval 2017-03-07 - Minutes for Approval 11.3 17-3309 ADOPT THE 2017 STATE AND FEDERAL LEGISLATIVE PROGRAMS Recommended Action: RECOMMENDATION It is recommended that by motion action, the City Council adopt the 2017 State and Federal Legislative Programs and authorize the City Manager to pursue the objectives outlined in these programs through advocacy efforts in Sacramento and Washington, D.C. Department: City Manager Attachments: Attachment A - 2017 State Legislative Program - Redline Attachment B - 2017 State Legislative Program - Final Attachment C - 2017 Federal Legislative Program - Redline Attachment D - 2017 Federal Legislative Program - Final 11.4 17-3354 PURCHASE OF AUTOMATED LICENSE PLATE READER SYSTEM FOR THE POLICE DEPARTMENT City of Stockton Page 3 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council, by motion, approve findings which support and justify use of a sole source exception to the competitive bidding requirement pursuant to Stockton Municipal Code section 3.68.070(A)(c) and authorize the purchase of four Automated License Plate Reader systems, and a one-year service contract with Lehr, a sole source provider for Vigilant Solutions, LLC. Department: Police Attachments: Attachment A - Vigilant Solutions LLC Attachment B - LEHR Quote STA-0533-02 Attachment C - SPD Draft General Order ALPR 11.5 17-3389 APPROVE UPGRADE TO THE POLICE DEPARTMENT’S BODY-WORN CAMERA SYSTEM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt, by motion, findings to support an exception to the competitive bidding requirement, and authorize the execution of a five-year Independent Contractor Agreement with VIEVU, LLC to upgrade and supply the Stockton Police Department's body-worn cameras; and authorize and execute a five-year VIEVU Solution Services Agreement for a web-based software application. Department: Police Attachments: Attachment A - VIEVU Solution Services Agreement Attachment B - Independent Contractor Agreement with VIEVU LLC 11.6 17-3312 REJECT ALL BIDS FOR CONSTRUCTION OF THE FIRE STATION NO. 4 KITCHEN RENOVATION (PROJECT NO. PW1411) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting all bids received for construction of the Fire Station No. 4 Kitchen Renovation (Project No. PW1411) pursuant to Stockton Municipal Code (SMC) section 3.68.160(B). 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 motion. Department: Public Works Attachments: Attachment A - Vicinity Map 11.7 17-3343 REJECT ALL BIDS FOR CONSTRUCTION OF THE POLICE DEPARTMENT UNDER FREEWAY PARKING LOT IMPROVEMENTS (PROJECT NO. PW1621) City of Stockton Page 4 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting all bids received for construction of the Police Department Under Freeway Parking Lot Improvements (Project No. PW1621) pursuant to Stockton Municipal Code section 3.68.160(B). 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 motion. Department: Public Works Attachments: Attachment A - Vicinity Map 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 17-3431 APPOINTMENT TO SAN JOAQUIN COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to appoint one commissioner to fill the vacancy on the San Joaquin County Mosquito and Vector Control District Board for a term commencing immediately and ending on December 31, 2020. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Vector Control Appointment 14.2 17-3462 ADOPT A RESOLUTION PROCLAIMING THE MONTH OF MARCH AS “WOMEN’S HISTORY MONTH” IN STOCKTON Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution to proclaim the month of March as "Women's History Month" in Stockton. Department: Office of the Mayor Attachments: Proposed Resolution – Proclaiming March Womens History Month 15. HEARINGS**** 15.1 17-3447 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A USE PERMIT TO ESTABLISH A BAR WITH THE ON-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING BUILDING AT 222 NORTH SUTTER STREET (P16-0307) City of Stockton Page 5 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to deny the appeal and uphold the Planning Commission's denial of the Use Permit to establish a bar with the on-sale of general alcoholic beverages in an existing building at 222 North Sutter Street, in accordance with the findings of fact detailed herein. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Aerial Photograph and Site Plan Attachment C - Floor Plan Attachment D - Street Elevation Attachment E - Census Tract Liquor Licenses Attachment F - Supplemental Information from Applicant Attorney Attachment G - Corrected Calls for Police Service Proposed Resolution - Recommend Denial 15.2 17-3394 PUBLIC HEARING TO ADOPT A RESOLUTION AMENDING THE FIREWORKS ENFORCEMENT FEE AND AMENDING THE FISCAL YEAR 2016-2017 ANNUAL BUDGET, AND ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 8, CHAPTER 8.92, SECTIONS 8.92.015 AND 8.92.090 Recommended Action: RECOMMENDATION It is recommended that City Council approve a plan to reduce the use of illegal fireworks in the City of Stockton by: Adopting an Ordinance: 1. Amending Stockton Municipal Code Title 8, Chapter 8.92, Section 8.92.015 to clarify the restrictions on the discharge and possession of dangerous fireworks; and 2. Amending Stockton Municipal Code Title 8, Chapter 8.92, Section 8.92.090 to increase the administrative penalty for violating the requirements in the Code. Adopting a Resolution: 1. Amending the FY 2016-2017 Fee Schedule to increase the Fireworks Enforcement Fee; 2. Amending the FY 2016-2017 Annual Budget to increase the Safe & Sane Fireworks Program expenditure appropriation by $60,000 and the revenue appropriation by $44,085; 3. Amending the FY 2016-2017 Annual Budget to increase the 4th of July fireworks event expenditure appropriation by $13,000; and 4. Authorizing the City Manager to take appropriate actions to implement the intent of the Resolution. Department: Fire City of Stockton Page 6 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Proposed Ordinance (Redline Version) Proposed Resolution - Illegal Fireworks Permit Fee Increase Proposed Ordinance - Title 8 - Fireworks 16. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 17-3502 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only, no action required. Department: City Clerk Attachments: 2015-02-18 Salary Setting Minutes 2015-03-05 Salary Setting Minutes 2017-02-22 Salary Setting Minutes 2 17-3504 COUNCIL COMMITTEE / BOARD & COMMISSION MINUTES Recommended Action: Information only, no action required. Department: City Clerk Attachments: 2017-02-16 Civil Servce Commission Minutes 3 17-3505 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only, no action required. Department: City Clerk Attachments: 2017-02-09 Council Audit Committee Minutes 4 17-3506 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only. No action required. Department: City Clerk Attachments: 2016-10-20 Measure W Oversight Committee Minutes 5 17-3507 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: Information only. No action required. Department: City Clerk Attachments: 2016-10-19 Successor Agency Oversight Board Minutes City of Stockton Page 7 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 2017 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 March 22, 2017, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 8 Printed on 3/22/2017 City Council/Successor Agency to Meeting Agenda - Final March 28, 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 9 Printed on 3/22/2017