City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - Final Agenda 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) Tuesday, September 24, 2013 4:00 PM Council Chamber, City Hall, 425 N El Dorado Street Closed Session 4:00 | Regular Session 5:30 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 13-0754 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Five 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) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. City of Stockton Page 1 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 Department: City Attorney 3.2 13-0755 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 13-0756 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 13-0757 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* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, 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 . 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG City of Stockton Page 2 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** **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. 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency, 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 . 12. CONSENT AGENDA 12.1 13-0666 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH CALIFORNIA PARTNERSHIP FOR SAFE COMMUNITIES RECOMMENDATION It is recommended that in association with the Marshall Plan Project for Public Safety that the City Council by motion action authorize the City Manager to execute a contract amendment with the California Partnership for Safe Communities in the amount of $125,000 to continue efforts of the Project Ceasefire program to reduce firearms and gun violence. Department: Police Attachments: Attachment A - Amendment to CPSC Professional Services Contract - Year 2 Final Draft PowerPoint Presentation - CPSC Ceasefire Amendment 12.2 13-0673 GRANT AWARD FOR DUI STEP GRANT RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) authorize the City Manager to accept a grant award from the State of California Office of Traffic Safety in the amount of $305,165, and make all necessary appropriations in compliance with and for the purposes stated in the grant application; and 2) execute the grant agreement and all related documents to carry out the purposes and intent of the grant award. Department: Police City of Stockton Page 3 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 Attachments: Resolution Exhibit 1 - Grant Agreement 12.3 13-0674 GRANT AWARD FOR THE SOBRIETY CHECKPOINT GRANT PROGRAM RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1) authorize the City Manager to accept the grant award in the amount of $98,400, make all necessary appropriations in compliance with and for the purposes stated in the grant application; and 2) execute the grant agreement and all related documents to carry out the purposes and intent of the grant award. Department: Police Attachments: Resolution Exhibit 1 - Grant Agreement 12.4 13-0695 APPROVE PURCHASE OF FORTY-EIGHT POLICE INTERCEPTOR UTILITY VEHICLES (PUR 13-046) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the replacement purchase of 48 Ford Police Interceptor Utility Vehicles from Tracy Ford of Tracy, California, in the amount of $1,392,794.19. 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 - 2013 Vehicle Committee Recommendation Interceptor Utility 12.5 13-0717 APPROVAL OF CENTRAL VALLEY CLEAN WATER ASSOCIATION ANNUAL DUES FOR THE PERMITTING AND REGULATORY ADVOCACY SPECIAL PROJECT RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute payment to the Central Valley Clean Water Association in the amount of $41,500 for Fiscal Year 2013-2014 to provide advocacy, legal and technical review of regulations and permitting of wastewater discharges. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. City of Stockton Page 4 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 Department: Municipal Utilities Attachments: Attachment A - Special Project Year End Report 12.6 13-0718 APPROVE FINDINGS AND AUTHORIZE REQUEST FOR PROPOSALS FOR OXIDATION POND No.1 BIOSOLIDS ASSESSMENT AND CHARACTERIZATION STUDY AT THE REGIONAL WASTEWATER CONTROL FACILITY RECOMMENDATION It is recommended that the City Council approve a motion accepting findings and authorize the issuance of a Professional Services Request for Proposals for the assessment and characterization of accumulated biosolids in the Oxidation Pond No.1 at the Regional Wastewater Control Facility (RWCF), and authorize the City Manager to establish a Professional Services Selection Committee comprised of City staff. Department: Municipal Utilities Attachments: Attachment A - Proposed Scope of Services for Pond Characterization 12.7 13-0719 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES MASTER AGREEMENT WITH BSK ASSOCIATES FOR ANALYTICAL LABORATORY SERVICES FOR THE MUNICIPAL UTILITIES DEPARTMENT RECOMMENDATION It is recommended the Council approve by motion an amendment to the Professional Services Master Agreement with BSK Associates of Fresno, CA in the amount of $77,465 for analytical laboratory services. It is also recommended that the City Council authorize the City Manager to take any and all appropriate actions necessary to carry out the intent of this motion. Department: Municipal Utilities Attachments: Attachment A - BSK Cost Estimate Attachment B - C&T Cost Estimate Attachment C - CLS Cost Estimate Attachment D - Professional Services Contract Amendment Exhibit A to Amendment - BSK Compensation 12.8 13-0721 SPEED LIMIT UPDATE FOR VARIOUS STREETS RECOMMENDATION It is recommended that the City Council adopt an ordinance amending Stockton Municipal Code (SMC), Section 10.04.480, “Speed Limits City of Stockton Page 5 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 Reduced on Certain Streets”, and Section 10.04.490, “Speed Limits Increased on Certain Streets”, to update existing speed limits, establish new speed limits, change speed zone boundaries, or make editorial corrections. Department: Public Works Attachments: Attachment A - Summary of Speed Limit Updates Attachment B - New or Changed Speed Zones Attachment C - Detailed Summary of Speed Limit Updates Ordinance 12.9 13-0722 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES MASTER AGREEMENT WITH ROBERTSON-BRYAN, INC. TO PROVIDE TECHNICAL SUPPORT FOR THE NEW WASTEWATER DISCHARGE PERMIT RECOMMENDATION It is recommended that the City Council approve by motion an amendment to the Professional Services Master Agreement with Robertson-Bryan, Inc. (RBI) of Sacramento in the amount of $133,490 to provide technical support to the Municipal Utilities Department (MUD) for the new National Pollutant Discharge Elimination System (NPDES) permit at the Regional Wastewater Control Facility (RWCF). 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 - RBI Contract Amendment 12.10 13-0745 APPOINTMENTS TO THE CLIMATE ACTION PLAN ADVISORY COMMITTEE RECOMMENDATION Adopt a resolution appointing the Mayor’s ten recommended community members to serve on the ten-member Climate Action Plan Advisory Committee for two-year terms beginning immediately upon ratification by the City Council and ending on September 30, 2015. Department: City Clerk Attachments: Attachment A - Council Resolution 11-0033 Attachment B - Applications Resolution 12.11 13-0794 APPROVAL OF MINUTES City of Stockton Page 6 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 Motion approving the minutes of the Concurrent City Council/ Successor Agency to the Redevelopment Agency/ Public Financing Authority meetings of August 27, 2013, and September 10, 2013; and, Special City Council Closed Session meetings of August 19, 2013 and September 17, 2013. Department: City Clerk Attachments: Minutes - August 27, 2013 City Council Meeting Minutes - September 10, 2013 City Council Meeting Minutes - August 19, 2013 City Council Special Meeting Minutes - September 17, 2013 City Council Special Meeting 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-0681 FUNDING TO INCREASE THE NUMBER OF OFFICERS IN THE DOWNTOWN BICYCLE PATROL PROGRAM RECOMMENDATION It is recommended the City Council adopt a resolution to authorize funding from the Central Parking District’s adopted Fiscal Year 2013-14 Budget, allocate two additional Police Officer positions in the Police Department’s Fiscal Year 2013-14 Budget, and amend the Police Department’s Fiscal Year 2013-14 revenue and expenditure budgets. Department: Police Attachments: Resolution 15.2 13-0630 APPROVE SETTLEMENT OF CLAIM BY MARINA TOWERS LLC AND THE JAMES AND MARGARET LASS CHARITABLE REMAINDER UNITRUST BY OFFERING SURPLUS CITY-OWNED PROPERTY IN LIEU OF CASH RECOMMENDATION It is recommended that the City Council approve by motion the attached agreement that would substitute an exchange of certain property owned by the City of Stockton (‘City”) for ongoing cash payment obligations the City had committed to in a prior settlement agreement, thereby settling the claim by Marina Towers LLC and the James and Margaret Lass Charitable Remainder Unitrust (“Marina Towers”) regarding property that was taken by the City in eminent domain for use in the downtown Event Center development. City of Stockton Page 7 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 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: City Manager Attachments: Attachment A - Settlement Agreement between Marina Towers and the City of Stockton Attachment B - 8891 Bergamo Circle Attachment C - 8895 Bergamo Circle Attachment D - 7209 Tam O'Shanter Drive Attachment E - 260 West Fremont Attachment F - 545 East Main Street 15.3 13-0725 APPROVAL OF TWO LOANS FROM THE CITY OF STOCKTON TO THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF STOCKTON RECOMMENDATION Successor Agency Action It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton (“Successor Agency”) adopt a resolution approving two loan agreements with the City of Stockton (Exhibits 1 and 2 to the Resolution) as authorized under Health and Safety Code Section 34173 (h). City Council Action It is recommended that the City Council adopt a resolution approving two loan agreements with the Successor Agency (Exhibits 1 and 2 to the Resolution) as authorized under Health and Safety Code Section 34173 (h). Department: Economic Development Attachments: Attachment A - Resolution 11-0251 Successor Agency Resolution Exhibit 1 - Loan Agreement Exhibit 2 - Loan Agreement City Council Resolution Exhibit 1 - Loan Agreement Exhibit 2 - Loan Agreement 15.4 13-0668 ADOPTION OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE RECOMMENDATION City of Stockton Page 8 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton (“Successor Agency”) approve a resolution adopting the Recognized Obligation Payment Schedule for the period of January 1 through June 30, 2014, (Exhibit 1 to the Resolution) as required under Health and Safety Code Section 34177 (m). Department: Economic Development Attachments: Attachment A - Resolution 11-0251 Resolution Exhibit 1 - ROPS 13-14B 15.5 13-0707 AUTHORIZATION TO CONTINUE THE CONTRACT FOR CITY AUDITOR SERVICES WITH MOSS ADAMS, LLP RECOMMENDATION It is recommended that by motion action the City Council authorize the continuation of the contract with Moss Adams, LLP to provide the functions of the City Auditor. Department: City Manager Attachments: Attachment A - October 9 Staff Report Attachment B - March 5 Staff Report 15.6 13-0752 AUTHORIZATION TO CARRY OUT AN INTERNAL AUDIT PLAN THAT IMPLEMENTS THE RECOMMENDATIONS CONTAINED IN THE RISK ASSESSMENT, INTERNAL CONTROL REVIEW AND PROPOSED INTERNAL AUDIT WORK PROGRAM COMPLETED BY MOSS ADAMS RECOMMENDATION It is recommended that by motion action the City Council authorize the City Manager and City Auditor to fund and execute the attached Internal Audit Plan. This Plan represents an implementation of the recommendations made in the risk assessment and internal control review conducted by Moss Adams. It is also recommended that Council appropriate $35,800 from Council Contingency to the City Auditor Professional Services account to fund this Plan. Department: Council Audit Committee Attachments: Attachment A - Risk Assessment and Internal Control Review Reports Attachment B - Internal Audit Plan 16. HEARINGS*** City of Stockton Page 9 Printed on 9/19/2013 City Council Meeting Agenda - Final September 24, 2013 ***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. 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS All proceedings before the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority 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/ Successor Agency to the Redevelopment Agency/Public Financing Authority, 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 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 interest City of Stockton Page 10 Printed on 9/19/2013