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 AuthorityConcurrent 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, July 29, 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 14-0820 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) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 14-0823 CONFERENCE WITH LABOR NEGOTIATOR City of Stockton Page 1 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 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 3.3 14-0902 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Attorney This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* 4.1 14-0907 TRAINING FOR NEW VOTING SOLUTION City Clerk staff to provide training on new voting solution from the iPad (10 min). Department: City Clerk 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* City of Stockton Page 2 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 12. CONSENT AGENDA 12.1 14-0674 CONTRACT WITH DELTA HEALTH SYSTEMS (DHS) TO PROVIDE THIRD PARTY ADMINISTRATION (TPA) AND ELIGIBILITY SYSTEM SERVICES FOR THE CITY’S EMPLOYEE MEDICAL PLANS RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to execute a contract (Attachment A) and all supporting documents with Delta Health Systems (DHS) as the City of Stockton’s Third Party Administrator (TPA) to provide claims/administrative and eligibility system services for the City’s self-funded Employee Medical Plans for an initial three (3) years, with an option to renew for an additional two one-year periods, effective January 1, 2015. Department: Human Resources Attachments: Attachment A - Delta Health Systems Agreement Attachment B - TPA Fee Proposal Comparison 12.2 14-0688 ORDINANCE REPEALING CHAPTER 9.44 OF THE STOCKTON MUNICIPAL CODE RECOMMENDATION Adopt an Ordinance repealing Chapter 9.44 of the Stockton Municipal Code based on recent appellate court decisions holding that the extensive State legislation regulating and restricting numerous areas of the lives of registered sex offenders “occupies the field” and preempts any local legislation addressing the same. Department: Police Attachments: Proposed Ordinance Repealing SMC Chapter 9-44 12.3 14-0747 ADOPT A RESOLUTION TO AUTHORIZE THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) TO FORMALLY REQUEST FEDERAL APPROVAL FOR THE CITY’S INCLUSION IN THE STATE AND FEDERAL MASTER SOCIAL SECURITY AGREEMENT TO PROVIDE SECTION 218 MEDICARE-ONLY COVERAGE TO ELIGIBLE NON-SAFETY MISCELLANEOUS POSITIONS RECOMMENDATION It is recommended that the City Council adopt a Resolution to authorize the State Administrator for the Social Security Administration, the City of Stockton Page 3 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent California Public Employees Retirement System (CalPERS), to formally request federal approval to include the City of Stockton in the State and Federal Master Social Security Agreement effective August 1, 2014, to provide Section 218 Medicare-Only coverage to eligible non-safety Miscellaneous positions. Participation in this Agreement is exclusive to full-time employees employed as of August 1, 2014, who have been continuously employed by the City of Stockton since on or before April 1, 1986. Department: Human Resources Attachments: Attachment A - Section 218 Division Application and Agreement - Misc Proposed Resolution for 218 Agreement - Miscellaneous 12.4 14-0749 ADOPT A RESOLUTION TO AUTHORIZE THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) TO FORMALLY REQUEST FEDERAL APPROVAL FOR THE CITY’S INCLUSION IN THE STATE AND FEDERAL MASTER SOCIAL SECURITY AGREEMENT TO PROVIDE SECTION 218 MEDICARE-ONLY COVERAGE TO ELIGIBLE POLICE SAFETY POSITIONS RECOMMENDATION It is recommended that the City Council adopt a Resolution to authorize the State Administrator for the Social Security Administration, the California Public Employees Retirement System (CalPERS), to formally request federal approval to include the City of Stockton in the State and Federal Master Social Security Agreement effective August 1, 2014, to provide Section 218 Medicare-Only coverage to eligible Police Safety positions. Participation in this Agreement is exclusive to full-time employees employed as of August 1, 2014, who have been continuously employed by the City of Stockton since on or before April 1, 1986. Department: Human Resources Attachments: Attachment A - Section 218 Referendum Application and Agreement - Safety Proposed Resolution for 218 Agreement - Safety 12.5 14-0757 APPROVE CONTRACT CHANGE ORDER NO. 3 WITH KNIFE RIVER CONSTRUCTION FOR THE ARCH ROAD SANITARY SEWER TRUNK LINE, PROJECT NO. M09106 RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute Contract Change Order (CCO) No. 3, in the amount of $314,892.70, with Knife River Construction of Stockton, California, for additional contract work for the Arch Road Sanitary Sewer City of Stockton Page 4 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Trunk Line, Project No. M09106. 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 - Change Order 3 - Arch Road Sanitary Sewer Trunk Line 12.6 14-0758 APPROVE CONTRACT CHANGE ORDER NO. 2 WITH HDR ENGINEERING, INC. FOR THE FRENCH CAMP ROAD/I-5 INTERCHANGE RECONSTRUCTION (PROJECT NO. 99-01/FEDERAL PROJECT STPIMDL-5008(116)) RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute Contract Change Order (CCO) No. 2, in the amount of $98,000, with HDR Engineering, Inc. (HDR) of Folsom, California, for additional design support services during construction for the French Camp Road/I-5 Interchange Reconstruction (Project No. 99-01/Federal Project STPIMDL-5008(116). 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 I-5 Interchange Attachment B - Change Order 2 French Camp I-5 Interchange 12.7 14-0759 AWARD A CONSTRUCTION CONTRACT TO MARTIN GENERAL ENGINEERING, INC. AND APPROVE THE FILING OF NOTICE OF EXEMPTION (CE014-14) FOR THE HAZELTON AVENUE AND UPRR CROSSING SAFETY IMPROVEMENTS (PROJECT NO. 11-03/FEDERAL PROJECT NO. STPLR-7500(185)) 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 $212,925 to Martin General Engineering, Inc., of Rancho Cordova, CA, for the Hazelton Avenue and UPRR Crossing Safety Improvements (Project No. 11-03/Federal Project No. STPLR-7500(185)). It is also recommended that the City Council adopt a resolution City of Stockton Page 5 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent authorizing the filing of Notice of Exemption No. CE014-14 under the California Environmental Quality Act (CEQA). 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 - Hazelton Avenue and UPRR Crossing Attachment B - Contract - Hazelton Ave UPRR Xing Safety Improvements Proposed Resolution - Hazelton Avenue and UPRR Exhibit 1 - Hazelton Avenue and UPRR Crossing 12.8 14-0765 ANNUAL PROGRESS REPORT ON THE IMPLEMENTATION OF THE GENERAL PLAN RECOMMENDATION It is recommended that the City Council adopt a motion accepting the Planning Commission’s recommendation and authorizing staff to submit an Annual Progress Report on the Implementation of the General Plan to the Governor’s Office of Planning and research and the California Department of Housing and Community Development in accordance with Government Code section 65400. Department: Community Development Attachments: Attachment A - Annual Progress Report 12.9 14-0776 STOCKTON UNIFIED SCHOOL DISTRICT CONTRACT FOR AFTER SCHOOL PROGRAMS RECOMMENDATION It is recommended that the City Council adopt a motion authorizing the City Manager to execute the Stockton Unified School District (SUSD) Contract Regarding After School Safety and Enrichment Program (ASES) (Attachment A). The School District is a grant recipient and wishes to contract with the City of Stockton to staff and administer after-school programs at six (6) sites within SUSD for the 2014-15 fiscal year, for an amount not to exceed $411,000. It is further recommended that the motion authorize the City Manager to make any and all appropriations and transactions appropriate to carry out funding for the program. Department: Community Services Attachments: Attachment A - 2014-15 SUSD After School Program Contract 12.10 14-0780 RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENTS OF DELINQUENT CODE ENFORCEMENT CHARGES AND DIRECTING THE ASSESSMENTS BE PLACED ON City of Stockton Page 6 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent THE COUNTY TAX ROLL RECOMMENDATION It is recommended that the City Council adopt a resolution overruling protests, confirming the assessments of the delinquent charges listed in the “Delinquent Accounts 2014 Assessment List” (Exhibit 1) stemming from code enforcement actions and directing the assessments be placed on the San Joaquin County tax roll. Department: Police Attachments: Attachment A - Blanket Administrative Order Proposed Resolution - Assessment of Delinquent Code Enforcement Charges Exhibit 1 - Delinquent Accounts 2014 Assessment List 12.11 14-0800 AGREEMENT WITH SHOTSPOTTER, INC. RECOMMENDATION It is recommended that the City Council approve by motion an agreement with ShotSpotter, Inc. for ShotSpotter Flex Gunfire Location, Alert and Analysis Service in the amount of $100,000 for a one-year period. Department: Police Attachments: Attachment A - ShotSpotter Flex Agreement-Stockton 12.12 14-0801 APPROVE PURCHASE OF LED STREET LIGHT LUMINAIRES RECOMMENDATION It is recommended that the City Council approve a motion and findings authorizing the purchase of 3,000 Light Emitting Diode (LED) street light luminaires, in the amount of $673,751, through the City of Portland, Oregon’s purchase contract with Leotek Electronics USA (Leotek). 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 - Contract - Purchase of LED Street Light Luminaires Attachment B - Agreement Purchase of LED Street Light Luminaires 12.13 14-0829 REJECT SUBMITTED CONSTRUCTION BID AND AUTHORIZE RE-BID OF THE 2014 ON-CALL LARGE DIAMETER SEWER REPAIR SERVICES City of Stockton Page 7 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent RECOMMENDATION It is recommended that the City Council approve a motion to reject the submitted construction bid and authorize the re-bid of the 2014 On-Call Large Diameter Sewer Repair Services Project (Project No. M14031). 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 12.14 14-0885 JUNE 3, 2014 PRIMARY MUNICIPAL ELECTION RESULTS RECOMMENDATION It is recommended that the City Council adopt a resolution declaring the results of the June 3, 2014 Primary Municipal Election. Department: City Clerk Attachments: Attachment A - June 3, 2014 Primary Municipal Election Results Proposed Resolution - Certifying Election Results Exhibit 1 - Election Results Registrar Certification Exhibit 2 - Election Results by Precinct 12.15 14-0896 MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE TRUST AGREEMENT GOVERNING THE STOCKTON REGIONAL RETIREE MEDICAL TRUST AGREEMENT RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to execute Amendment No. 2 of the Trust Agreement governing the Stockton Regional Retiree Medical Trust Agreement. It is further recommended that this motion authorize the City Manager to take whatever actions are appropriate to carry out the purpose and intent of this amendment. Department: Human Resources Attachments: Attachment A - Trust Agreement Stockton Regional Retiree Medical Attachment B - Amendment 2 to the Trust Agreement Attachment C - Retiree Medical Trust Zadroga-Haase letter Attachment D - Retiree Medical Trust Spears letter 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS City of Stockton Page 8 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 15. NEW BUSINESS 15.1 14-0774 REFUNDING OF THE CITY OF STOCKTON, LIMITED OBLIGATION IMPROVEMENT BONDS MOSHER ASSESSMENT DISTRICT 2003-02 THROUGH THE ISSUANCE OF AN ESTIMATED $13,455,000 (NOT TO EXCEED $14,160,000) STOCKTON PUBLIC FINANCING AUTHORITY, LIMITED OBLIGATION REVENUE BONDS (MOSHER REASSESSMENT DISTRICT NO. 2014-1) SERIES 2014 RECOMMENDATION Adopt two resolutions of the Stockton City Council and one resolution for the Stockton Public Financing Authority (“SPFA”) taking all necessary actions and approving all documents in connection with the refunding program for the Mosher District (“the District”) as set forth below authorizing the issuance and sale of the Stockton Public Financing Authority (“Issuer”), Limited Obligation Revenue Bonds (Mosher Reassessment District No. 2014-1) Series 2014 (the “Revenue Bonds”) in the estimated amount of $13,455,000 (not to exceed $14,160,000), and approve use of the proceeds of the Revenue Bonds to purchase an estimated $13,455,000 (not to exceed $14,160,000) amount of Limited Obligation Improvement Bonds, Mosher Reassessment District No. 2014-1 (the “Local Obligation Bonds”) issued by the City of Stockton to refund the Limited Obligation Improvement Bonds, Mosher Assessment District 2003-02 (the “Prior Bonds”). Department: Administrative Services City of Stockton Page 9 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - Financing Structure Attachment B - Savings Split Attachment C - Sources and Uses of Funds Attachment D - Costs of Issuance Attachment E - Reassessment Report Mosher District Series 2014 Proposed Resolution 1 Council - Approving Reassessment Report Exhibit 1 to Resolution 1 - Reassessment Report Proposed Resolution 2 Council - Bond Resolution Exhibit 1 to Resolution 2 - Preliminary Official Statement Exhibit 2 to Resolution 2 - Local ObligationPurchase Contract Exhibit 3 to Resolution 2 - Bond Purchase Contract Exhibit 4 to Resolution 2 - Continuing Disclosure Agreement Exhibit 5 to Resolution 2 - Escrow Agreement Proposed Resolution 3 Public Finance Authority - Limited Obligation Revenue Bonds Exhibit 1 to Resolution 3 - Preliminary Official Statement Exhibit 2 to Resolution 3 - Local ObligationPurchase Contract Exhibit 3 to Resolution 3 - Bond Purchase Contract Exhibit 4 to Resolution 3 - Continuing Disclosure Agreement Exhibit 5 to Resolution 3 - Trust Agreement 16. HEARINGS*** 16.1 14-0645 AMENDMENT OF STOCKTON MUNICIPAL CODE TITLE 16, SECTIONS 16.20.020, 16.80.020.B.4.a.ii, AND 16.240.020 RECOMMENDATION Staff recommends that the City Council accept the Planning Commission’s recommendation to adopt an Ordinance amending Stockton Municipal Code, Title 16, Sections 16.20.020, Table 2-2, "Allowable Land Uses and Permit Requirements;" 16.80.020.B.4.a.ii, “Accessory Uses and Structures;” and 16.240.020, "Definitions of Specialized Terms and Phrases - “Educational Facilities,” “Auto and Vehicle Services,” and “Funeral Facilities and Services.” Department: Community Development Attachments: Attachment A - June 12, 2014 Planning Commission Staff Report Attachment B - Ordinance Redline Version Proposed Ordinance - Development Code Update 17. COUNCIL COMMENTS City of Stockton Page 10 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-0741 ANNUAL BOARD AND COMMISSION REPORT FOR THE PUBLIC ART ADVISORY COMMITTEE FOR THE PERIOD COVERING JULY 1, 2013 THROUGH JUNE 30, 2014 Report of Chair Tom Bowe for the 12 month period ending June 30, 2014. Department: Community Services Attachments: 2014-07-02 Public Art Advisory Committee Annual Report 2 14-0750 ANNUAL BOARD AND COMMISSION REPORT FOR THE WATER ADVISORY GROUP FOR THE PERIOD COVERING JULY 1, 2013 THROUGH JUNE 30, 2014 Report of Chair Bill Loyko for the 12 month period ending June 30, 2014. Department: Municipal Utilities Attachments: 2014-07-02 Water Advisory Group Annual Report City of Stockton Page 11 Printed on 7/24/2014 City Council/Successor Agency to Meeting Agenda - Final July 29, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent *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 12 Printed on 7/24/2014