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/Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent 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 Medina (District 5) Michael D. Tubbs (District 6) Tuesday, November 19, 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 13-0895 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four 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. CIV.S-02-0065 LKK JFM) City of Stockton Page 1 Printed on 11/14/2013 City Council/Successor Agency to Meeting Agenda - Final November 19, 2013 the Redevelopment Agency/Public Financing Authority Concurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 13-0896 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Interim 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 13-0899 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 13-0900 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 3.5 13-0898 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: Teresia Zadroga-Haase City Manager This Closed Session is authorized pursuant to Section 54957.6(a) of the Government Code. Department: City Attorney City of Stockton Page 2 Printed on 11/14/2013 City Council/Successor Agency to Meeting Agenda - Final November 19, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 3.6 13-0897 PUBLIC EMPLOYEE APPOINTMENT Title: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. 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 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 13-0746 APPOINTMENTS TO THE MEASURE W OVERSIGHT COMMITTEE Department: Office of the Mayor Attachments: Attachment A - Applications City of Stockton Page 3 Printed on 11/14/2013 City Council/Successor Agency to Meeting Agenda - Final November 19, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 12.2 13-0844 PURCHASE OF ONE HYDRO-VAC SEWER CLEANING UNIT RECOMMENDATION It is recommended that the City Council approve a motion to approve findings and authorize the purchase of one Hydro-Vac sewer cleaning unit through the City of Merced’s contract with 3T Equipment Company, Inc. of Santa Rosa, CA in the amount of $343,148.27. Department: Public Works Attachments: Attachment A - Letter from City of Merced Attachment B - Quote from 3T Equipment Company 12.3 13-0846 ISSUANCE OF REQUEST FOR PROPOSAL FOR INVESTMENT AND RECORDKEEPING ADMINISTRATIVE SERVICES TO SUPPORT THE CITY’S DEFERRED COMPENSATION PLANS RECOMMENDATION It is recommended that the City Council approve findings by motion and authorize the City Manager to issue a Request for Proposal (RFP) for administrative services for the City’s 457(b) and 401(a) Deferred Compensation plans, as an exception to the competitive bidding process. Department: Human Resources 12.4 13-0880 AMENDMENT TO THE SUTTER STREET APARTMENTS REHABILITATION LOAN WITH VISIONARY HOME BUILDERS TO INCREASE THE LOAN BY $150,000 USING HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDING RECOMMENDATION It is recommended that City Council approve a motion: 1. Approving an amendment to the loan between the City of Stockton and Visionary Home Builders of California to increase the loan for the rehabilitation of the Sutter Street Apartments, located at 1120 North Sutter Street, by $150,000; and 2. Authorizing the City Manager, or his designee, to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development City of Stockton Page 4 Printed on 11/14/2013 City Council/Successor Agency to Meeting Agenda - Final November 19, 2013 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - Vicinity Map Attachment B - Amendment to the Loan Agreement Attachment C - Amendment to the Regulatory Agreement Attachment D - Amended and Restated Promissory Note Attachment E - Amended and Restated Deed of Trust 12.5 13-0907 AWARD CONSTRUCTION CONTRACT TO STOCKTON FENCE AND MATERIALS COMPANY, INC. FOR ELECTRIC POWER GATES AT FIRE STATIONS #2 AND #4, PROJECT NO. 13-22 RECOMMENDATION It is recommended that the City Council approve a motion that adopts the specifications, and authorizes the City Manager to execute a Construction Contract in the amount of $39,698 to Stockton Fence and Materials Company, Inc., of Stockton, CA, for the Electric Power Gates at Fire Stations #2 and #4, Project No. 13-22. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Contract with Stockton Fence and Materials Company, Inc. 12.6 13-0968 2014 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY MEETING CALENDAR RECOMMENDATION It is recommended that the City Council, Successor Agency, and Stockton Public Financing Authority adopt by motion action the 2014 Concurrent City Council/Successor Agency/Stockton Public Financing Authority Meeting Calendar. Department: City Manager Attachments: Attachment A - 2014 Meeting and Closed Days Calendar 12.7 13-1000 APPROVE CITY-COUNTY COOPERATIVE AGREEMENT FOR BENJAMIN HOLT DRIVE AT PACIFIC AVENUE CROSSWALK INSTALLATION RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Cooperative Agreement between the City of Stockton (City) and San Joaquin County (County) related to the City’s participation of $41,830 toward installation of a crosswalk on Pacific Avenue at Benjamin Holt Drive. Department: Public Works City of Stockton Page 5 Printed on 11/14/2013 City Council/Successor Agency to Meeting Agenda - Final November 19, 2013 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - Project Area Map Attachment B - City-County Cooperative Agreement 12.8 13-0976 APPROVAL OF MINUTES Motion approving the minutes of the October 22, 2013 City Council/ Successor Agency to the Redevelopment Agency/Public Financing Authority Concurrent meeting; and, minutes of the November 2, 2013 Special City Council Closed Session meeting. Department: City Clerk Attachments: Minutes - October 22, 2013 City Council Meeting Minutes - November 2, 2013 Special City Council Meeting 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 13-0840 CREATE TWO NEW CLASSIFIED/REPRESENTED CLASSIFICATIONS FOR THE COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION It is recommended that the City Council adopt a Resolution creating two new classified/represented classifications and establishing the salary range for Community Development Technician and Senior Community Development Technician. Department: Human Resources Attachments: Resolution - New Community Development Classiciations 16. HEARINGS*** ***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 City of Stockton Page 6 Printed on 11/14/2013 City Council/Successor Agency to Meeting Agenda - Final November 19, 2013 the Redevelopment Agency/Public Financing Authority Concurrent 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 11/14/2013