City Council and Concurrent Authorities

City of Stockton City Council/Successor Agency of the Redevelopment Agency/Public Financing Authority Concurrent Agenda Meeting Agenda - Final Tuesday, August 27, 2013 4:00 PM Closed Session 4:00 | Regular Session 5:30 Council Chamber, City Hall, 425 N El Dorado Street City Council Anthony Silva, Mayor/Chair Paul Canepa, Vice Mayor/Vice Chair (District 3) Elbert H. Holman Jr. (District 1) Katherine M. Miller (District 2) Moses Zapien (District 4) Dyane Burgos (District 5) Michael D. Tubbs (District 6) City Council Meeting Agenda - Final August 27, 2013 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 13-0658 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: City of Stockton v. Marina Towers LLC, et al. (San Joaquin County Superior Court Case No. CV022054) 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: In Re Municipal Derivatives Antitrust Litigation, MDL No. 1950, Master Docket No. 08-2516 (S.D.N.Y.) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney City of Stockton Page 2 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 3.2 13-0659 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Bob Deis 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 13-0660 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 3.4 13-0661 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: Two 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 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 City of Stockton Page 3 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 13-0581 PARTICIPATION IN THE FIGTREE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM RECOMMENDATION It is recommended that the City Council adopt two resolutions related to the City’s participation in the Figtree Property Assessed Clean Energy (PACE) program, as follows: 1. Approving Associate Membership in the California Enterprise Development Authority (CEDA) and authorizing the execution of an Associate Membership Agreement (Exhibit 1 to Resolution 1). 2. Authorizing the City of Stockton to join the Figtree PACE program and enter into a Participation Agreement (Exhibit 1 to Resolution 2); authorizing the CEDA to conduct contractual assessment proceedings and levy contractual assessments within Stockton City boundaries, and authorizing related actions (Exhibit 2 to Resolution 2). Department: Economic Development Attachments: Attachment A - Figtree PACE Financing Resolution 1 Exhibit 1 to Resolution 1 Resolution 2 Exhibit 1 to Resolution 2 Exhibit 2 to Resolution 2 City of Stockton Page 4 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.2 13-0639 SALE OF CITY-OWNED REAL PROPERTY LOCATED AT 1209 EAST EIGHTH STREET RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Deeming the real property located at 1209 East Eighth Street as excess; 2. Authorizing the sale of the property to Stocktonians Taking Action to Neutralize Drugs (“S.T.A.N.D.”) a non-profit corporation; and 3. Authorizing the City Manager to execute the purchase agreement and any related documents. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Property Photo Resolution Exhibit 1 - Sales Agreement 12.3 13-0421 APPROVE ISSUANCE OF PROFESSIONAL SERVICES REQUEST FOR PROPOSALS TO COMPLETE THE REGIONAL WASTEWATER CONTROL FACILITY SUPERVISORY CONTROL AND DATA ACQUISITON MASTER PLAN AND SYSTEM INTEGRATION RECOMMENDATION It is recommended that the City Council approve a motion approving findings to authorize the issuance of a Professional Services Request for Proposals to complete the Regional Wastewater Control Facility Supervisory Control and Data Acquisition Master Plan and System Integration Project, and authorize the City Manager to establish a Professional Services Selection Committee comprised of City staff. Department: Municipal Utilities City of Stockton Page 5 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.4 13-0640 APPROVAL OF A MAINTENANCE AGREEMENT WITH ODYSSEY LANDSCAPE FOR MUNICIPAL UTILITIES DEPARTMENT FACILITIES (PUR 13 017) RECOMMENDATION It is recommended that the City Council approve a motion approving the Specifications and Addenda, and authorizing the City Manager to execute a contract for Landscape Maintenance of Municipal Utilities Department Facilities, to Odyssey Landscape of Lodi for a total annual contract amount of $80,520 (Attachment A). Department: Municipal Utilities Attachments: Attachment A - Contract Attachment B - Vendor Mail List Attachment C - Odyssey Bid 12.5 13-0652 APPROVE A MOTION TO SOLICIT PROPOSALS FOR SAFETY PROGRAM DEVELOPMENT CONSULTANT SERVICES FOR THE MUNICIPAL UTILITIES DEPARTMENT RECOMMENDATION It is recommended that the City Council approve a motion accepting findings and authorizing the City Manager to issue a Request for Proposals for the solicitation of a consultant to help develop new program elements necessary to meet OSHA safety requirements at the Municipal Utilities Department. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: ATTACHMENT A - Proposed Scope 12.6 13-0641 DEPARTMENT OF JUSTICE COPS OFFICE GRANT REPAYMENT RECOMMENDATION It is recommended that the City Council authorize by motion a repayment of $168,344.73 to the U.S. Department of Justice COPS Office for ineligible cost reimbursements received under the 2009 COPS Hiring Recovery Program (CHRP) Grant. Department: Police City of Stockton Page 6 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.7 13-0595 PROFESSIONAL SERVICES CONTRACT FOR TESTING AND ANALYSIS WITH CALIFORNIA LABORATORY SERVICES RECOMMENDATION It is recommended that the City Council adopt a motion authorizing the City Manager to execute an amendment to the Professional Services Contract in an amount up to $80,000 with California Laboratory Services of Rancho Cordova, California to perform water quality testing and analytical services. Department: Municipal Utilities Attachments: Attachment A - CLS Price List Attachment B - FGL Price List Attachment C - Truesdail Price List Attachment D - CLS Contract Amend 12.8 13-0651 APPROVE THE FREEWAY MAINTENANCE AGREEMENT WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION - INTERSTATE 5 NORTH STOCKTON INTERCHANGES AND WIDENING (PROJECT NO. 05-14) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Freeway Maintenance Agreement between the City of Stockton and the California Department of Transportation (Caltrans) for the Interstate 5 (I-5) North Stockton Interchanges and Widening (Project No. 05-14). It is further recommended that the motion authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Freeway Maintenance Agreement City of Stockton Page 7 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.9 13-0637 AWARD A CONSTRUCTION CONTRACT, APPROVE THE FILING OF A NOTICE OF EXEMPTION (CE007-13), AND CATEGORICAL EXCLUSION - DAVIS ROAD AND WAGNER HEIGHTS ROAD TRAFFIC SIGNAL INSTALLATION (PROJECT NO. 11-28/FEDERAL PROJECT NO. CML-5008(109)) RECOMMENDATION It is recommended that the City Council approve a motion that adopts the plans and specifications, and authorizes the City Manager to execute a construction contract in the amount of $350,000 to Columbia Electric, Inc. for the installation of new traffic signals and safety lighting at the intersection of Davis Road and Wagner Heights Road, Project No. 11-28/Federal Project No. CML- 5008(109). It is also recommended that the City Council adopt a resolution authorizing the filing of Notice of Exemption No. CE007-13 under the California Environmental Quality Act (CEQA), and a determination of Categorical Exclusion for the National Environmental Policy Act (NEPA), which was provided by Caltrans on November 28, 2012. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion and resolution. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Construction Contract Resolution Exhibit 1 City of Stockton Page 8 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.10 13-0638 AWARD A CONSTRUCTION CONTRACT AND APPROVE THE FILING OF A NOTICE OF EXEMPTION (CE006-13) AND CATEGORICAL EXCLUSION - BENJAMIN HOLT DRIVE/CUMBERLAND PLACE TRAFFIC SIGNAL AND SAFETY LIGHTING, PROJECT NO. 11-26/FEDERAL PROJECT NO. CML-5008(111) RECOMMENDATION It is recommended that the City Council approve a motion that adopts the plans and specifications, and authorizes the City Manager to execute a construction contract in the amount of $377,985 to Tim Paxin’s Pacific Excavation, Inc. for the installation of new traffic signals and safety lighting at the intersection of Benjamin Holt Drive/ Cumberland Place, Project No. 11-26/Federal Project No. CML-5008(111). It is also recommended that the City Council adopt a resolution authorizing the filing of Notice of Exemption No. CE006-13 under the California Environmental Quality Act (CEQA), and a determination of Categorical Exclusion for the National Environmental Policy Act (NEPA), which was provided by Caltrans on December 14, 2012. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion and resolution. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Construction Contract Resolution Exhibit 1 City of Stockton Page 9 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.11 13-0653 AWARD A CONSTRUCTION CONTRACT AND APPROVE THE FILING OF A NOTICE OF EXEMPTION (CE005-13) AND CATEGORICAL EXCLUSION - BENJAMIN HOLT DRIVE/INGLEWOOD AVENUE TRAFFIC SIGNAL AND SAFETY LIGHTING, PROJECT NO. 11-27/FEDERAL PROJECT NO. CML-5008(110) RECOMMENDATION It is recommended that the City Council approve a motion that adopts the plans and specifications, and authorizes the City Manager to execute a construction contract in the amount of $368,274 to Columbia Electric, Inc. for the installation of new traffic signals and safety lighting at the intersection of Benjamin Holt Drive/Inglewood Avenue, Project No. 11-27/Federal Project No. CML- 5008(110). It is also recommended that the City Council adopt a resolution authorizing the filing of Notice of Exemption No. CE005-13 under the California Environmental Quality Act (CEQA), and a determination of Categorical Exclusion for the National Environmental Policy Act (NEPA), which was provided by Caltrans on December 14, 2012. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion and resolution. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Construction Contract Resolution Exhibit 1 City of Stockton Page 10 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 12.12 13-0654 PROPOSAL - PARK LANDSCAPE MAINTENANCE, PARK JANITORIAL/SITE CLEANING SERVICE, AND PLAY EQUIPMENT INSPECTION WITH GUARANTEED MAXIMUM PRICE (PROJECT NO. 13-02) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to accept the proposal from Odyssey Environmental Services, Inc. (Odyssey) of Lodi, CA, for Park Landscape Maintenance, Park Janitorial/Site Cleaning Service, and Play Equipment Inspection (Project No. 13-02), and enter into a contract agreement for three years with up to four one-year extensions at a guaranteed maximum price not to exceed $970,048 per year ($795,048 for general maintenance and an additional $175,000 allowance for vandalism and incidental repairs). It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Contract with Odyssey Environmental Services, Inc. 12.13 13-0693 APPROVAL OF MINUTES Motion approving the minutes of the Concurrent City Council/ Successor Agency to the Redevelopment Agency/ Public Financing Authority meetings of July 30, 2013, and August 13, 2013; and, Special City Council Closed Session meetings of July 23, 2013, and August 20, 2013. Department: City Clerk Attachments: Minutes - July 30, 2013 Council meeting Minutes - August 13, 2013 Council meeting Minutes - July 23, 2013 Special Council Closed Session 2013-07-23 Minutes - August 20, 2013 Special Closed Session 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS City of Stockton Page 11 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 15.1 13-0649 AMENDMENT TO THE CURRENT ADMINISTRATIVE AGREEMENT FOR THE CITY’S SELF-INSURED WORKERS' COMPENSATION PROGRAM THIRD PARTY ADMINISTRATOR AND RESCISSION OF AUTHORITY TO ISSUE REQUEST FOR PROPOSAL FOR THESE SERVICES RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to amend the current administrative agreement with CorVel Enterprise Comp, Inc. (CorVel) for continued services as the Third Party Administrator (TPA) for the City’s self-funded Workers’ Compensation Program and to rescind prior authority to issue a Request for Proposal (RFP) for these services. Department: Human Resources Attachments: Attachment A - Amendment 1 to CorVel Agreement Attachment B - CorVel Original Agreement 15.2 13-0650 APPROVAL OF AN AMENDMENT TO THE MASTER SERVICES CONTRACT WITH CDM SMITH TO PREPARE ENGINEERING DESIGN PLANS FOR THE REGIONAL WASTEWATER CONTROL FACILITY HEADWORKS REHABILITATION PROJECT (M13007) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute an Amendment to the Professional Services Master Services Contract for Design, Geotechnical Testing, Plan Review, and Surveying Services with CDM Smith, Inc. of Sacramento in the amount of $1,851,571 to prepare plans, specifications and cost estimates for the Regional Wastewater Control Facility Headworks Rehabilitation Project (M13007) and approve an appropriation of $2,200,000 from the Wastewater Retained Earnings account to the CIP Wastewater Sanitary account. Department: Municipal Utilities Attachments: Attachment A - Amendment to Professional Services Master Contract 16. HEARINGS*** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 12 Printed on 8/22/2013 City Council Meeting Agenda - Final August 27, 2013 City of Stockton Page 13 Printed on 8/22/2013