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, April 15, 2014 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA 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 14-0291 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 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 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 14-0292 CONFERENCE WITH LABOR NEGOTIATOR Agency Designated Representative: 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 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 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 14-0226 MOTION AUTHORIZING A CHANGE ORDER TO THE PROFESSIONAL SERVICES CONTRACT FOR DEBT ADMINISTRATION AND CHAPTER 9 SERVICES WITH DEL RIO ADVISORS, LLC. RECOMMENDATION City of Stockton Page 2 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent It is recommended that by motion action the City Council authorize the City Manager to execute a contract change order to the contract with Del Rio Advisors, LLC to increase fees in the amount of $150,000 and to extend the time to provide municipal advisory services, interim debt administration services, bond issuance and related disclosure reporting, and Chapter 9 support. Department: Administrative Services Attachments: Attachment A - Change Order #4 12.2 14-0305 2013 ANNUAL REPORT FOR THE STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT RECOMMENDATION It is recommended that the City Council adopt a motion approving the 2013 Annual Report for the Stockton Tourism Business Improvement District. Department: Economic Development Attachments: Attachment A - 2013 SCVB Annual Report of Activities Attachment B - 2013 Financial Report 12.3 14-0330 APPROVE A COOPERATIVE AGREEMENT FOR LANDSCAPE DESIGN AND RIGHT-OF-WAY FOR THE FRENCH CAMP ROAD/I-5 INTERCHANGE RECONSTRUCTION, PROJECT NO. 99-01 RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Cooperative Agreement for landscape design and right-of-way between the City and the State of California Department of Transportation (Caltrans) for the installation of landscaping and mitigation planting for the French Camp Road/I-5 Interchange Reconstruction, Project No. 99-01. 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 - French Camp Road/I-5 Interchange Attachment B - Cooperative Agreement - French Camp Road/I-5 Interchange Reconstruction 12.4 14-0331 APPROVE AN AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT AND APPROVE AN AGREEMENT FOR WEBER AVENUE STREETSCAPE BEAUTIFICATION, PHASE 2 (PROJECT NO. 09-02/FEDERAL PROJECT NO. RSTPLE-5008(122)) City of Stockton Page 3 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Approve an Amendment to Professional Services Master Contract with Siegfried Engineering, Inc., of Stockton, CA, in the amount of $79,820, for engineering support during construction. 2. Approve an Agreement between the City and the San Joaquin Regional Conservation Corps (SJRCC) in the amount of $31,680. 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 - Weber Avenue Streetscape Beautification, Phase 2 Attachment B - Amendment - Weber Avenue Streetscape Beautification, Phase 2 Attachment C - Agreement - Weber Avenue Streetscape Beautification, Phase 2 12.5 14-0333 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES MASTER CONTRACT WITH HDR ENGINEERING, INC. FOR THE CAPITAL IMPROVEMENT AND ENERGY MANAGEMENT - TERTIARY PLANT PROJECT RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute an Amendment to the Professional Services Master Contract for Design, Geotechnical Testing, Plan Review, and Surveying Services with HDR Engineering, Inc. of Folsom, California in the amount of $1,190,524 to complete technical studies and pre-design documents for the Capital Improvement and Energy Management -Tertiary Plant Project and approve an appropriation of $1,350,000 from the Wastewater Retained Earnings account to the CIP Wastewater Sanitary account. Department: Municipal Utilities Attachments: Attachment A - Amendment to Professional Services Master Contract 12.6 14-0334 GRANT APPLICATION - NATIONAL INFRASTRUCTURE INVESTMENTS TIGER DISCRETIONARY GRANTS FY 2014 RECOMMENDATION City of Stockton Page 4 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent It is recommended that the City Council approve a motion authorizing City staff to submit a grant application to the federal Department of Transportation (DOT) for funding from the National Infrastructure Investments program, also known as TIGER Discretionary Grants (TIGER FY 2014). The application is for the I-5 Widening Phase II project from south of Hammer Lane to Eight Mile Road in north Stockton. It is further recommended that the motion authorize the City Manager or his designee to execute associated agreements, and undertake additional financial actions that may be appropriate to accept, receive, and spend any grant funding resulting from this application. Department: Public Works 12.7 14-0336 HOUSING REHABILITATION LOAN FOR 4223 ROUND VALLEY CIRCLE RECOMMENDATION It is recommended that the City Council approve a motion: 1. Approving a $39,919 Community Development Block Grant (CDBG) Loan to Ruben Rodriguez for repairs to his home located at 4223 Round Valley Circle. 2. Authorizing the City Manager, or his designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Vicinity Map - 4223 Round Valley Circle Attachment B - Housing Program Guidelines Attachment C - Resolution 08-0460 Attachment D - CDBG Loan Agreement - 4223 Round Valley Circle Attachment E - Promissory Note - 4223 Round Valley Circle Attachment F - Deed of Trust - 4223 Round Valley Circle 12.8 14-0343 APPROVE PURCHASE OF TEN NEW SEDANS (PUR 13-017) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the purchase of ten new Chevrolet Impala sedans from Chase Chevrolet of Stockton, California, in the amount of $210,668.90. City of Stockton Page 5 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 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 - List of Sedans to be Replaced Attachment B - Chase Chevrolet Bid 12.9 14-0384 APPROVAL OF CITY COUNCIL MINUTES Approve for filing the minutes of the February 25, 2014, and March 4, 2014 regular Council meetings; and, March 25, 2014 Special Council meeting. Department: City Clerk Attachments: 2014-02-25 Council Minutes for Approval 2014-03-04 Council Minutes for Approval 2014-03-25 Special Council Minutes for Approval 12.10 14-0385 COUNCIL AUDIT COMMITTEE MINUTES FOR FILING Accept for filing the Council Audit Committee minutes of October 30, 2013 and March 10, 2014. NOTE: March 10, 2014 meeting did not convene due to lack of quorum. Department: City Clerk Attachments: 2013-10-30 Audit Committee Minutes for Filing 2014-03-10 Audit Committee Minutes for Filing 12.11 14-0386 COUNCIL LEGISLATION/ENVIRONMENTAL COMMITTEE MEETING OF NOVEMBER 21, 2013 Accept for filing the Legislation/Environmental Committee minutes of November 21, 2013. Department: City Clerk Attachments: 2013-11-21 Legislation Environmental Committee Minutes for filing 12.12 14-0338 CHARTER REVIEW ADVISORY COMMISSION MEMBERSHIP City of Stockton Page 6 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that Council adopt two resolutions: 1) Ratifying the removal of Commissioner Jorge Martinez from the Charter Review Advisory Commission (CRAC) for excessive absences, and appointing Dr. Marie Mallare-Jimenez to fill this vacancy; and, 2) Ratifying the appointment of Donald Lee Smith to fill the seat vacated by Commissioner Lanston Sylvester. Department: City Clerk Attachments: Attachment A - CRAC Attendance Report Attachment B - Council Policy 100-2 Attachment C - Application Mallare-Jimenez, Marie Attachment D - Application Donald Smith Proposed Resolution - Ratify Removal of Commissioner Martinez Proposed Resolution - Appointing Donald Smith to CRAC 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0363 MANAGEMENT PARTNERS THRESHOLD ANALYSIS REPORT ON STOCKTON REGIONAL FIRE DISPATCH RECOMMENDATION It is recommended that by motion action, the City Council approve and accept the attached Stockton Regional Fire Dispatch Threshold Analysis Report and authorize the City Manager to pursue the following recommendations included in the report: 1. Confirm technology replacement schedule needs and funding requirements and consider adjustments to the internal service fund as part of the annual budget process. 2. Analyze the costs and benefits of moving the Fire ECD (Emergency Communication Division) to the Police Dispatch Center in conjunction with any steps to implement a regional fire dispatch operation. 3. Develop a detailed regional fire dispatch technology needs assessment and funding plan prior to entering into discussions with potential JPA member agency. 4. Conduct an inventory of radio and connectivity requirements to enable Stockton ECD to service as a regional dispatch center. City of Stockton Page 7 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 5. Meet with current Stockton ECD contract agencies to develop a plan for increasing call rates to ensure full cost recovery for the services provided in accordance with contractual agreements. 6. Survey potential members of a regional fire dispatch joint powers authority (JPA) to determine cost sharing, performance objectives and governance structures that would need to be achieved to contract with Stockton ECD as the provider of fire dispatch operations. 7. Require documentation of specific fire dispatch performance and training standards, as well as transparency and accountability regarding the role of ambulance service in offsetting fire dispatch costs prior to pursuing any membership in the Joint Radio Users Group (JRUG). The City Manager or his designee is authorized and directed to take such actions as deemed appropriate and necessary to carry out the intent of the resolution. Department: Fire Attachments: Attachment A - Management Partners Report - Regional Fire Dispatch Analysis 15.2 14-0420 APPROVAL OF AGREEMENTS WITH CREDITORS UNDER BANKRUPTCY PLAN OF ADJUSTMENT RECOMMENDATIONS Resolutions approving the final agreements must be acted upon by the Mayor and Council acting as the City Council, the Stockton Public Financing Authority and the Parking Authority for the City of Stockton. Acting as the City Council approve the following resolutions: 1. Authorizing the Settlement of Certain Claims Asserted in Connection with the City’s Bankruptcy Case. This covers approval of agreements relating to the State of California Department of Boating and Waterways loan, the Price Plaintiffs’ claim, the Lease agreement with the Stockton Thunder, and the 2006 SEB bonds. This resolution also authorizes a minor change to the settlement agreement associated with the 2003 COPs insured by AMBAC. 2. Authorizing the Settlement of Certain Claims Relating to the Stockton Public Financing Authority Lease Revenue Bonds, Series 2004 (Parking and Capital Projects). This resolution approves settlement with NPFG on the 2004 parking bonds and related matters, including an agreement with Stockton City Center 16 LLC. City of Stockton Page 8 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 3. Authorizing the Settlement of Certain Claims Relating to Stockton Public Financing Authority Variable Rate Demand Lease Revenue Bonds, 2007 Series A and B, and City of Stockton 2007 Taxable Pension Obligation Bonds Series A and B. This resolution approves settlement with Assured Guaranty Municipal Corp. concerning the debt obligations for pension obligation bonds and the office building at 400 E. Main. It includes the site and facility lease for office space at 400 E. Main. Acting as the Stockton Public Financing Authority approve the following resolution: 1. Consenting to Certain Transfers and the Execution of Certain Documents Relating to Settlement of Certain Claims Asserted in Connection with the City’s Bankruptcy Case. The Public Financing Authority needs to agree to settlement of claims relating to debt issuances it was a party to, the 2004 parking bonds, the 2006 SEB bonds, and the 2007 office building and pension obligation bonds. This resolution also authorizes a minor change to the settlement agreement associated with the 2003 COPs insured by AMBAC. Acting as the Parking Authority for the City of Stockton approve the following resolution: 1. Accepting Transfer of Certain Parking Assets from the City. In order to effectuate the agreement with NPFG on the parking bonds the Parking Authority must have control of parking assets in order to segregate revenues. Department: City Clerk City of Stockton Page 9 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent Attachments: Attachment A - AGM Term Sheet Attachment B - NPFG Term Sheet Attachment C - DBW Proposed Agreement Attachment D - SC Hockey Term Sheet Proposed Resolution 1 - Omnibus Settlement Exhibit A to Reso 1 - DBW Claim Exhibit A to Reso 1 - Price Plantiffs Claim Exhibit A to Reso 1 - Thunder Claim To Be Delivered Exhibit A to Reso 1 - MFN Claim Proposed Resolution 2 - 2004 Parking Bonds Exhibit A to Reso 2 - Parking Forbearance Agreement Exhibit A to Reso 2 - Installment Sales Agreement Exhibit A to Reso 2 - SCC 16 Settlement Agreement Proposed Resolution 3 - Assured Exhibit A to Reso 3 - 400 East Main Street Lease Exhibit A to Reso 3 - Real Property Option Agreement and Joint Escrow Instructions Exhibit A to Reso 3 - Reimbursement Agreement Proposed Resolution 4 - Public Financing Authority - Omnibus Settlement Exhibit A to Reso 4 - First Amended Plan Exhibit A to Reso 4 - Plan Supplement Exhibit A to Reso 4 - Plan Documents - Supplemental Plan Supplement Exhibit A to Reso 4 - 2003 COPS - Settlement Document Exhibit A to Reso 4 - Forbearance Agreement Exhibit A to Reso 4 - Installment Sale Agreement Exhibit A to Reso 4 - 2007 Bonds - Reimbursement Agreement Exhibit A to Reso 4 - 2007 Bonds - Standard Office Lease Exhibit A to Reso 4 - 2007 Bonds - Real Property Option Agreement Proposed Resolution 5 - Parking Authority - 2004 Parking Bonds Exhibit A to Reso 5 - Parking Forbearance Agreement Exhibit A to Reso 5 - Installment Sales Agreement 16. HEARINGS*** 16.1 14-0056 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF THE REQUEST FOR A USE PERMIT TO UPGRADE THE OFF-SALE OF BEER AND WINE TO THE OFF-SALE OF GENERAL ALCOHOLIC BEVERAGES IN AN EXISTING 1,500 SQUARE-FOOT CONVENIENCE STORE AT 4511 PACIFIC AVENUE (P13-163) City of Stockton Page 10 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent RECOMMENDATION It is recommended that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s denial of the request for a Use Permit to upgrade the off-sale of beer and wine (Type 20 License) to the off-sale of general alcoholic beverages (Type 21 License) in an existing convenience store at 4511 Pacific Avenue. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Project Location Maps Attachment C - November 14, 2013 Planning Commissio Staff Report Attachment D - Findings for Denial Proposed Resolution-Affirming Planning Commission's Denial 16.2 14-0206 RECEIVE PROPOSED CHARTER AMENDMENT LANGUAGE AND HOLD PUBLIC HEARINGS TO SOLICIT COMMUNITY FEEDBACK RECOMMENDATION The Council Charter Review Ad-Hoc Committee recommends that the City Council receive the proposed Charter amendment language for Articles IV, X, XII, XVI and XXIV and hold Public Hearings on April 15, 2014 and May 20, 2014 to solicit community feedback related to these recommendations. Department: Council City Charter Review Ad-Hoc Committee Attachments: Attachment A - Summary of Proposed Charter Amendment Language Attachment B - Introduction to the Charter Attachment C - Article IV, Section 410 Attachment D - Article X, Section 1000 Attachment E - Article X, Section 1001 Attachment F - Article X, Section 1002 Attachment G - Article XII, Section 1201 and Article XX Attachment H - Article XVI, Section 1605 Attachment I - Article XXIV, Section 2400 16.3 14-0347 2014-2015 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, AND EMERGENCY SOLUTIONS GRANT PROGRAMS RECOMMENDATION It is recommended that the Council adopt a resolution: City of Stockton Page 11 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent 1) Approving the 2014-2015 Action Plan with any modifications deemed appropriate by the Council; and 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 to take whatever actions are necessary and appropriate to carry out the intent of this resolution. Department: Economic Development Attachments: Attachment A - Sources and Uses of Funds Attachment B - Draft Action Plan Attachment C - CDBG Applications Proposed Resolution - 2014-2015 Action Plan Exhibit 1 - 2014-2015 Sources and Uses CDBG 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS City of Stockton Page 12 Printed on 4/10/2014 City Council/Successor Agency to Meeting Agenda - Final April 15, 2014 the Redevelopment Agency/Public Financing Authority Concurrent *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 . ***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. **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. 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. 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 interested party has not sought and exhausted all available administrative remedies. City of Stockton Page 13 Printed on 4/10/2014