CITY COUNCIL- Elbert H. Holman, Jr. District 1 Leslie Baranco Martin, District 3 Diana Lowery, District 4 MAYOR/CHAIR ANN JOHNSTON Vice Mayor/Vice Chair Katherine M. Miller, District 2 CITY COUNCIL- Susan Talamantes Eggman, District 5 Dale C. Fritchen, District 6 APPOINTED OFFICIALS City Manager/Agency Executive Director J. Gordon Palmer, Jr. City Attorney/Agency Counsel - Ren Nosky City Clerk/Agency Secretary - Katherine Gong Meissner City Auditor - F. Michael Taylor CITY COUNCIL/ AGENCY CONCURRENT AGENDA - REVISED - DATE: TUESDAY, AUGUST 18, 2009 LOCATION/TIME: COUNCIL CHAMBERS, CITY HALL, SECOND FLOOR, 3:00 P.M. C-1. CC/RD CALL TO ORDER / ROLL CALL C-2. CC/RD ANNOUNCEMENT OF CLOSED SESSION C-2.1) CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION Number of Cases: Two Name of Case: Redevelopment Agency of the City of Stockton v. Burlington Northern and Santa Fe Railway Corporation, et al. (United States District Court, Northern District of California, Court Case No. 2:05- CV-02087-RRB-KFM) Name of Case: Colmar Property, LLC v. City of Stockton, et al. (Court of Appeal, 3rd Appellate Dist., No. C060431, San Joaquin Superior Court Case No. CV020189) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Closed Session Agenda (Page - 1)
C-2.2) CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representatives: J. Gordon Palmer, Jr.; Dianna Garcia 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. C-2.3) PUBLIC EMPLOYEE APPOINTMENT Title: City Manager This Closed Session is authorized pursuant to Section 54957 of the Government Code. C-3. CC/RD PUBLIC COMMENT C-4. CC/RD ADJOURN TO CLOSED SESSION Closed Session Agenda (Page - 2)
CITY COUNCIL- Elbert H. Holman, Jr. District 1 Leslie Baranco Martin, District 3 Diana Lowery, District 4 MAYOR/CHAIR ANN JOHNSTON Vice Mayor/Vice Chair Katherine M. Miller, District 2 CITY COUNCIL- Susan Talamantes Eggman, District 5 Dale C. Fritchen, District 6 APPOINTED OFFICIALS City Manager/Agency Executive Director J. Gordon Palmer, Jr. City Attorney/Agency Counsel - Ren Nosky City Clerk/Agency Secretary - Katherine Gong Meissner City Auditor - F. Michael Taylor CITY COUNCIL/ AGENCY CONCURRENT AGENDA - REVISED - DATE: TUESDAY, AUGUST 18, 2009 LOCATION/TIME: COUNCIL CHAMBERS, CITY HALL, SECOND FLOOR, 5:30 P.M. 1. CC/RD CALL TO ORDER/ROLL CALL 2. CC/RD REPORT OF ACTION TAKEN IN CLOSED SESSION 3. INVOCATION/PLEDGE TO FLAG 4. PROCLAMATIONS/COMMENDATIONS/CITY ANNOUNCEMENTS OR INVITATIONS 4.01) CERTIFICATE: Citizen Recognition for Heroic Efforts RECIPIENT: Pedro Vargas 5. CITIZENS' COMMENTS, ANNOUNCEMENTS OR INVITATIONS* 6. CC/RD CONSENT AGENDA 6.01) CC Ordinance amending the Stockton Municipal Code, Special Events, to reflect recent changes in California case law. (ATTY) Regular Meeting (Page - 1)
CITY COUNCIL/ AGENCY CONCURRENT AGENDA- REVISED (continued) 6.02) CC SMILE BUSINESS PRODUCTS, INC. a) Resolution authorizing the execution of subordinate maintenance agreements with SMILE BUSINESS PRODUCTS, INC., of Sacramento, on an as-needed basis through November 23, 2010, with the option to extend for two one-year periods through November 23, 2012, for the design, acquisition, installation, and support of imaging, copying and printing solutions, in the amount not-to-exceed $1,020,000; and, b) Resolution approving GREATAMERICA LEASING CORPORATION, of Cedar Rapids, Iowa, as a leasing agent for Smile Business Products, Inc., and authorizing the City Manager to execute subordinate lease agreements. (AS) 6.03) CC Resolution approving findings and executing a contract with BCI BURKE COMPANY, LLC of Fond du Lac, Wisconsin in the amount of $60,779.11 for fabrication and delivery of play equipment for Laughlin Park. (CD) 6.04) CC Resolution authorizing an amendment to the Master Professional Service Contract not to exceed $480,000 to LDA PARTNERS for the professional services for engineering, design, plans and specifications, LEED commissioning, construction documents and allowance for reimbursable expenses for Fire Station No. 3 located at 2222 and 2244 South Airport Way. (FIRE) 6.05) CC Resolution approving the plans and specifications, and execute a construction contract with GSE CONSTRUCTION COMPANY, INC. of Livermore, California, in the amount of $148,577 for the construction of the Headworks Screening Conveyors Project (Project No. M09108). (MUD) 6.06) CC 2009 Street Overlay Project, Project No. 09-08; Federal Project No. ESP: 5008-(087); (American Recovery and Reinvestment Act of 2009-ARRA Funded. a) Resolution approving the filing of a Notice of Exemption CE34-09 under the California Environmental Quality Act. b) Resolution approving the plans and specifications and execute a contract in the amount of $6,096,740 to DSS COMPANY DBA KNIFE RIVER CONSTRUCTION, INC., for the project. (PW) Regular Meeting (Page - 2)
CITY COUNCIL/ AGENCY CONCURRENT AGENDA- REVISED (continued) 6.07) CC Federal Fiscal Year 2007-08 Street Overlay Project, Project No. 09-06; Federal Project No. 5008-084). a) Resolution approving the filing of a Notice of Exemption CE67-08 under the California Environmental Quality Act. b) Resolution approving the plans and specifications and execute a contract in the amount of $2,181,445 to DSS COMPANY DBA KNIFE RIVER CONSTRUCTION, INC. for the Federal Fiscal Year 2007-2008 Street Overlay Project, Project Number 09-06. (PW) 6.08) CC Resolution ratifying $708,464.50 in expenditures from July 28, 2009 to August 7, 2009; authorizing the appropriation and expenditure of $2,000,000 from the NEIGHBORHOOD STABILIZATION PROGRAM FUND (063) for future purchase, rehabilitation, and miscellaneous cost associated with vacant foreclosed homes; and, authorizing the City Manager to review and approve individual transactions within existing predetermined guidelines. (REV) 6.09) CC/ Approve the minutes of the Concurrent City Council/Redevelopment Agency RD meeting of August 4, 2009. (CLERK) 7. UNFINISHED BUSINESS 8. NEW BUSINESS 8.01) CC/ Stockton Courthouse Project California Environmental Quality Act Findings RD and approval of Donation Agreement City Council Action Resolution making certain findings pursuant to the California Environmental Quality Act for the Courthouse at Hunter Square Plaza Project and authorizing a Donation Agreement whereby the City will donate Hunter Square Plaza to the STATE ADMINISTRATIVE OFFICE OF THE COURTS for the construction of the new courthouse. Redevelopment Agency Action Resolution confirming the exemption of the STATE OF CALIFORNIA from the requirements of any redevelopment plan applicable to the Hunter Square Plaza area. (REV) Regular Meeting (Page - 3)
CITY COUNCIL/ AGENCY CONCURRENT AGENDA- REVISED (continued) 9. PUBLIC HEARINGS** 9.01) CC Hearing to consider public comments/testimony regarding ratifying the Planning Commission s recommendation to designate HUNTER SQUARE PLAZA as a Historic Site. At the conclusion of the public hearing it is recommended that the City Council adopt a resolution ratifying the Planning Commission s recommendation to designate HUNTER SQUARE PLAZA as a Historic Site for property bounded by Weber Avenue to the north, the existing San Joaquin County courthouse to the east, the continuation of South Hunter Street at Parker s Alley to the south, and commercial uses to the west. (CD) 9.02) CC Hearing to consider public comments/testimony regarding ratifying the Planning Commission s recommendation to designate the CENTRAL POLICE AND FIRE ALARM STATION as a Historic Landmark. At the conclusion of the public hearing it is recommended that the City Council adopt a resolution ratifying the Planning Commission s recommendation to designate the CENTRAL POLICE AND FIRE ALARM STATION as a Historic Landmark for property located at 46 West Fremont Street. (CD) 10. COUNCIL/ AGENCY COMMENTS AND COMMITTEE REPORTS 10.01) Report of Chair Katherine Miller on the Council Audit Committee Meeting of July 27, 2009. a) COMMITTEE REPORT ACTION: Accept for filing. (AUD) 10.02) Report on the Council Legislation/Environmental Committee Meetings of December 16, 2008; April 21, 2009; and, May 19, 2009. a) COMMITTEE REPORT ACTION: Accept for filing. Regular Meeting (Page - 4)
CITY COUNCIL/ AGENCY CONCURRENT AGENDA- REVISED (continued) b) ISSUE: TREE ORDINANCE RECOMMENDATION: (PW) Motion referring the Committee-approved TREE ORDINANCE to the Planning Commission for their recommendation back to the full Council for final adoption. 11. ADJOURNMENT ATTACHMENTS TO AGENDA: WRITTEN COMMUNICATIONS *Citizens may comment on any subject within the jurisdiction of the City Council/Redevelopment Agency, including items on the Agenda. Each speaker is limited to five 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. **Speakers should hold comments on items listed as a Public Hearing until the Hearing is opened. If a large number of people desire to speak at a Public Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to three (3) minutes. All proceedings before the City Council/Redevelopment Agency are conducted in English. The City of Stockton does not furnish interpreters and, if one is needed, it shall be the responsibility of the person needing one. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meetings of the City Council/Redevelopment Agency, please contact the Office of the City Clerk at (209) 937-8459 at least 48 hours prior to the meeting to enable the City/Agency to make reasonable arrangements to ensure accessibility. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at 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. The Agenda is available on the City of Stockton Website: www.stocktongov.com 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 limitations 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. Regular Meeting (Page - 5)