City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - Final Authority/Parking Authority Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 20, 2018 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 17-4217 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. City of Stockton Page 1 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: Tammy Braxton v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2016-0009386) Name of Case: Paul Singh, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UCR-2016-003660) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 18-4432 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 18-4433 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 18-4434 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 City of Stockton Page 2 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10.1 18-4452 CERTIFICATE OF RECOGNITION: STOCKTON PORTS Recommended Action: RECOMMENDATION Certificate of Recognition - Kicking off the Stockton Ports 2018 Season Department: Office of the Mayor Attachments: Certificate - Stockton Ports 2018 11. CONSENT AGENDA 11.1 18-4406 AUTHORIZE THE CITY MANAGER TO EXECUTE A 5-YEAR CONTRACT WITH CB MERCHANT SERVICES FOR DEBT COLLECTION SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the findings that support an exception to the competitive bidding requirement pursuant to Stockton Municipal Code section 3.68.070(A)(3) for negotiated contracts following solicitation of competitive proposals. 2. Authorize the City Manager to execute a 5-year contract with CB Merchant Services for debt collection services. 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Administrative Services Attachments: Attachment A - Agreement with CB Merchant Services City of Stockton Page 3 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.2 18-4442 APPROVE RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH SLOAN, SAKAI YEUNG AND WONG, LLP Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Agreement for Legal Services with Sloan, Sakai Yeung and Wong, LLP ("Sloan Sakai"). Department: City Attorney Attachments: Proposed Resolution - Sloan Sakai Agreement Exhibit 1 - Retention Agreement 11.3 18-4405 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the Special City Council meeting of January 29, 2018 Department: City Clerk Attachments: 2018-01-29 - Minutes for Approval 11.4 18-4368 SUMMARY VACATION AND ABANDONMENT OF A PORTION OF PUBLIC UTILITY EASEMENT AT 3412 PERLMAN DRIVE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving a summary abandonment of a portion of the public utility easement located at 3412 Perlman Drive; 2. Authorizing the filing of Notice of Exemption No. CE03-18 under the California Environmental Quality Act (CEQA) for a portion of the public utility easement located at 3412 Perlman Drive; and 3. Authorizing 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 Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Proposed Resolution - 3412 Perlman Drive Exhibit 1 - Legal Description Exhibit 2 - Plat Exhibit 3 - NOE - CE03-18 City of Stockton Page 4 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.5 18-4447 APPROVE A RESOLUTION TO ADOPT THE PRINCIPLES OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution adopting the principles of the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). Department: Office of the Mayor Attachments: Proposed Resolution - Principles of the CEDAW 11.6 18-4374 ADOPT FINDINGS WHICH SUPPORT AND JUSTIFY AN EXCEPTION TO THE COMPETITIVE BID PROCESS AND AUTHORIZE PAYMENTS TO SAN JOAQUIN GENERAL HOSPITAL FOR MEDICAL EXAMS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution to: 1. Approve findings which support and justify an exception to the competitive bid process and authorize payments to San Joaquin General Hospital for the costs of providing medical examinations following a sexual assault, as required by California Penal Code section 13823.95 in an amount of $1,824 per exam; and 2. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of the Resolution. Department: Police Attachments: Proposed Resolution - San Joaquin General Hospital Medical Examinations 11.7 17-4090 APPROVE MOTION TO AUTHORIZE THE AMENDED RESTATEMENT AND AFFIRMATION AGREEMENT BETWEEN THE CITY OF STOCKTON AND CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE FRENCH CAMP ROAD/I-5 INTERCHANGE RECONSTRUCTION Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute the amended Restatement and Affirmation Agreement between the City of Stockton and the California Department of Transportation for the French Camp Road/I-5 Interchange Reconstruction (Project No. PW9945). 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. City of Stockton Page 5 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Restatement and Affirmation Agreement 11.8 17-4186 APPROVE CONTRACT CHANGE ORDER NO. 2 WITH PSOMAS FOR THE THORNTON ROAD WIDENING PROJECT AND AMENDMENT NO. 1 WITH WSP, INC. FOR THE HAMMER LANE WIDENING PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Execute Contract Change Order No. 2 to the Professional Services Contract with Psomas, in the amount of $206,000, for construction management services during construction of the Thornton Road Widening, Project No. PW1428. 2. Execute Amendment No. 1 to the Professional Services Contract with WSP, Inc. for the Hammer Lane Widening Phase 3B, Project No. PW1427, in the amount of $994,993.56, to add construction management services to be performed on the Thornton Road Widening, Project No. PW1428. 3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 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 Attachment B - Balancing Contract Change Order No. 2 Attachment C - Amendment to Parsons Brinkerhoff Contract 11.9 17-4252 APPROVE RESOLUTION TO AUTHORIZE THE PUMP STATION ROOF REPAIR PROJECT City of Stockton Page 6 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the Notice of Exemption No. CE039-17 under the California Environmental Quality Act for the Pump Station Roof Repair, Project No. M13026. 2. Approve the plans and specifications for the Pump Station Roof Repair, Project No. M13026. 3. Appropriate funds in the amount of $30,620 from the Stormwater Utility Fund balance (441-0000-287) to the Storm Pump Station Improvements (447-7783-670) for the Pump Station Roof Repair, Project No. M13026. 4. Award a Construction Contract in the amount of $103,150 to Comfort Air, Inc. of Stockton, CA, for the Pump Station Roof Repair, Project No. M13026. 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 - Pump Station Roof Repair Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 18-4375 APPROVAL OF THE 2018 STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT BUDGET AND SERVICE PLAN AND THE 2017 ANNUAL REPORT City of Stockton Page 7 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving the 2018 Annual Service Plan; 2. Approving the 2018 Operating Budget and Assessment; 3. Approving the 2017 Annual Report for the Stockton Tourism Business Improvement District; and 4. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose of this resolution. Department: Economic Development Attachments: Proposed Resolution - 2018 Visit Stockton Exhibit 1 - Visit Stockton Annual Service Plan 2018 Exhibit 2 - Visit Stockton Annual Report 2017 Exhibit 3 - Visit Stockton Budget 2018 14.2 17-4017 AMENDMENT TO THE SMG OPERATING AGREEMENT TO INCLUDE THE DOWNTOWN MARINA AND EXTEND THE TERM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the execution of an Amendment to the Agreement with SMG (C-11-093 NP, Resolution 11-0022) for the operation of the event venues to * Add the Marina Operation to the Agreement. * Extend the term to 2026 with a 5-year extension option through 2031. * Amend the incentive structure of the Agreement. 2. Authorizing 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 Attachments: Attachment A - Resolution 11-0022 and SMG Management Agreement Proposed Resolution - SMG Operating Agreement Exhibit 1 - Amendment to SMG Management Agreement 14.3 18-4410 APPROVE A RESOLUTION REAFFIRMING AND REENACTING PREVIOUSLY APPROVED UTILITY RATES AND SERVICE CHARGES TO PURSUE PROPERTY OWNER UTILITY ACCOUNT City of Stockton Page 8 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent DELINQUENCIES Recommended Action: RECOMMENDATION Staff recommends Council approve a resolution reaffirming and reenacting previously approved utility rates and service charges. It is further recommended that the City Manager be authorized to take such other actions as are appropriate to carry out the intent of the resolution. Department: Administrative Services Attachments: Proposed Resolution - Utility Rates and Service Charges 14.4 18-4391 ALLOCATE $300,000 OF COUNCIL STRATEGIC PRIORITIES FUNDING FOR RESTRICTED INFRASTRUCTURE USE Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to allocate $300,000 in Council Strategic Priorities Funding for restricted infrastructure use. It is also recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works 15. HEARINGS**** 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 18-4378 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2017 ANNUAL REPORT Recommended Action: RECOMMENDATION Informational item only. No action is necessary. Department: Human Resources Attachments: Attachment A - Commission's 2017 Annual Report to Council Attachment B - Commission's 2017 Attendance Report 2 18-4348 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES City of Stockton Page 9 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Information only. No action required. Department: City Clerk Attachments: 2017-07-20 - Civil Service Commission Minutes 2017-08-17 - Civil Service Commission Minutes 2017-09-21 - Civil Service Commission Minutes 2017-10-19 - Civil Service Commission Minutes 2017-11-16 - Civil Service Commission Minutes 2017-12-21 - Civil Service Commission Minutes 2018-01-18 - Civil Service Commission Minutes 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 13, 2018, in compliance with the Brown Act. Bret Hunter, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 10 Printed on 3/13/2018 City Council/Successor Agency to Meeting Agenda - Final March 20, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent *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 3/13/2018