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 Medina (District 5) Michael D. Tubbs (District 6) Tuesday, October 8, 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 13-0815 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 City of Stockton Page 1 Printed on 10/2/2013 City Council Meeting Agenda - Final October 8, 2013 -0065 LKK JFM) Name of Case: City of Stockton v. State Water Resources Control Board, et al. Sacramento County Superior Court Case No. 34-2010- 80000488-CU-WM-GDS This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 13-0816 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 13-0817 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 13-0818 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 City of Stockton Page 2 Printed on 10/2/2013 City Council Meeting Agenda - Final October 8, 2013 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 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 13-0642 ESTABLISHING A PROCEDURE FOR APPEALS OF DISABILITY RETIREMENT DETERMINATIONS AND REINSTATEMENT APPLICATIONS OF LOCAL SAFETY OFFICER EMPLOYEES OF THE PUBLIC EMPLOYEES’ RETIREMENT SYSTEM RECOMMENDATION It is recommended that the City Council adopt a resolution establishing a policy and procedure for processing appeals of disability retirement and reinstatement decisions for local safety members, as provided by the Public Employee Retirement Law (PERL) as set forth in the Government Code. Department: Human Resources 12.2 13-0678 AGREEMENT TO PROVIDE PARKING MANAGEMENT SERVICES FOR SAN JOAQUIN COUNTY RECOMMENDATION City of Stockton Page 3 Printed on 10/2/2013 City Council Meeting Agenda - Final October 8, 2013 It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a Parking Management Agreement with San Joaquin County for the Central Parking District to operate the County-owned parking garage located at 114 South Hunter Street. Department: Economic Development 12.3 13-0710 AMENDMENT TO THE 2013-2014 ONE-YEAR ACTION PLAN TO REFLECT ACTUAL ALLOCATIONS RECEIPT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RECOMMENDATION It is recommended that City Council adopt a resolution: 1. Approving an amendment to the 2013-2014 One-Year Action Plan which: a. Revises allocations for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs as a result of changes in funding from the U.S. Department of Housing and Urban Development (HUD); and b. Allocates CDBG funds to the Miner Avenue Streetscape project. 2. Authorizing the City Manager, or his designee, to execute all documents and forward them to the U.S. Department of Housing and Urban Development and take all necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development 12.4 13-0779 APPROVE ISSUANCE OF REQUEST FOR PROPOSALS FOR STORMWATER PROGRAM MANAGEMENT AND MONITORING SERVICES RECOMMENDATION It is recommended that the City Council approve two motions accepting findings and authorizing the City Manager to issue Request for Proposals for the solicitation of consultant services to provide Stormwater Program management and water quality monitoring services. It is also recommended that Council authorize the City Manager to establish the appropriate selection committees comprised of City staff , and be authorized to take the appropriate actions to carry out the purpose and intent of these motions. Department: Municipal Utilities City of Stockton Page 4 Printed on 10/2/2013 City Council Meeting Agenda - Final October 8, 2013 12.5 13-0780 APPROVE CONSTRUCTION CONTRACT FOR SWENSON PARK NORTH SANITARY PUMP STATION VALVE REPLACEMENT PROJECT M11007 RECOMMENDATION It is recommended that the City Council adopt a motion approving all environmental findings, plans, specification and addenda, and authorizing the City Manager to execute a construction contract with Soracco & Sons of Sutter Creek, California in the amount of $55,000 for the Swenson Park North Sanitary Pump Station Valve Replacement (Project M11007). This motion will also authorize the City Manager to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-0691 RECEIVE STRATEGIC INITIATIVE UPDATE ON INCREASING WORKFORCE DIVERSITY AND ADOPT BY MOTION THE CITY OF STOCKTON’S 2013 EQUAL EMPLOYMENT OPPORTUNITY PLAN RECOMMENDATION Receive strategic initiative update on Increasing Workforce Diversity and adopt by motion the attached 2013 Equal Employment Opportunity Plan (EEOP). Department: Human Resources 15.2 13-0723 AMENDMENTS TO PROFESSIONAL SERVICES MASTER CONTRACTS WITH 4 LEAF, INC., CSG CONSULTANTS, INC. AND A.R. SANGUINETTI AND ASSOCIATES FOR BUILDING AND FIRE PREVENTION RELATED PLAN CHECK, INSPECTION AND ENGINEERING SERVICES RECOMMENDATION It is recommended that the City Council authorize, by motion, the execution of amendments to the professional services master contracts with 4 Leaf, Inc., CSG Consultants, Inc. and A.R. Sanguinetti and Associates for the provision of plan check, inspection and fire prevention City of Stockton Page 5 Printed on 10/2/2013 City Council Meeting Agenda - Final October 8, 2013 engineering services to the Building and Life Safety Division of the Community Development Department and the Fire Prevention Division of the Fire Department. Department: Community Development 15.3 13-0750 AUTHORIZATION TO EXECUTE A CONTRACT WITH THE ASPARAGUS FESTIVAL RECOMMENDATION It is recommended that by motion action the City Council authorize the City Manager to execute the attached agreement with the Stockton/San Joaquin Asparagus Festival. Department: City Manager 15.4 13-0807 EXTENSION OF AN IRREVOCABLE DIRECT PAY LETTER OF CREDIT (“LOC”) AND REIMBURSEMENT AGREEMENT WITH UNION BANK OF CALIFORNIA (“THE BANK”) FOR THE $55,000,000 STOCKTON PUBLIC FINANCING AUTHORITY VARIABLE RATE DEMAND WATER REVENUE BONDS, SERIES 2010A (DELTA WATER SUPPLY PROJECT) (THE “2010A BONDS”) RECOMMENDATION Adopt Resolutions of the City of Stockton and the Stockton Public Financing Authority authorizing the City Manager, or authorized designee, to apply for and enter into an extension of the Irrevocable Direct Pay Letter of Credit (“LOC”) with Union Bank of California (“Bank”) issued in conjunction with a Reimbursement Agreement for the $55,000,000 Stockton Public Financing Authority Variable Rate Demand Bonds Series 2010A. The LOC is set to expire on October 18, 2013. The resolutions would allow an initial 60-day extension, and future additional extensions as needed of the LOC subject to Bank approval, until the 2010A Bond conversion transaction is completed. Department: Administrative Services 15.5 13-0842 MEASURE A CITIZENS’ OVERSIGHT COMMITTEE CHARTER RECOMMENDATION It is recommended that the City Council adopt by Resolution a Transaction and Use Tax (Measure A) Citizens’ Oversight Committee Charter in preparation should Measure A be passed. Department: City Manager 16. HEARINGS*** ***Speakers should hold comments on items listed as a Hearing until the Hearing is City of Stockton Page 6 Printed on 10/2/2013 City Council Meeting Agenda - Final October 8, 2013 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 7 Printed on 10/2/2013