City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority Concurrent Meeting Agenda - - Revised 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, September 9, 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 14-0865 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: 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 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 14-0873 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 14-0917 2014 CONFLICT OF INTEREST CODE AMENDMENT Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to amend the City's Conflict of Interest Code by adding and deleting certain designated position. Department: City Clerk City of Stockton Page 2 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - 2014 Conflict of Interest Code COI Amendment Resolution - 2014 Conflict of Interest Code Biennial Update Exhibit 1 - 2014 Conflict of Interest - Final 12.2 14-0934 RESOLUTION OF INTENTION RENEWING THE STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution of Intention: 1. Renewing the Stockton Tourism Business Improvement District; 2. Accepting the Petition of Property Owners, preliminarily approving the Management District Plan; 3. Approving a proposed Boundary Map; 4. Setting a date for a Public Hearing of Protests on November 4, 2014; and 5. Providing for lodging business owner petitions. Department: Economic Development Attachments: Attachment A - Resolution 10-0407 Proposed Resolution - Resolution of Intention TBID Exhibit 1 - STBID Boundary Map Exhibit 2 - STBID Management District Plan 12.3 14-0937 AGREEMENT WITH FERMA CORPORATION FOR THE EMERGENCY DEMOLITION OF THE EARLE HOTEL Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving findings for the emergency demolition of the Earle Hotel; 2. Ratifying the City Manager's authorization of an agreement with FERMA Corporation in the amount of $1,176,400, for the emergency demolition of the Earle Hotel located at 735 East Main Street; 3. Authorizing the City Manager or his designee to amend the annual budget appropriation for insurance reimbursement funds and demolition expenses related to this emergency demolition; and 4. Authorizing the City Manager to take any and all necessary and appropriate steps to carry out the purpose and intent of this resolution. Department: Economic Development City of Stockton Page 3 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Attachment C - Resolution No. 07-0451 Resolution - Earle Hotel Demolition - FERMA Exhibit 1 - FERMA Agreement - Earle Hotel Demo 12.4 14-0941 AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSAL FOR UTILITY BILLING SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council, by motion, authorize the City Manager to issue a Request for Proposals (RFP) for the City's sewer, storm water and solid waste utility billing services for existing California Water Service Company (CWS) unified billing service customers as an exception to the competitive bidding process. Department: Administrative Services 12.5 14-0956 AWARD A CONSTRUCTION CONTRACT TO NET ELECTRIC, INC. FOR THE 2014 LED ARTERIAL STREET LIGHT CONVERSION (PROJECT NO. 14-30) Recommended Action: 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 $124,000 to Net Electric, Inc., of San Leandro, CA, for the 2014 LED Arterial Street Light Conversion (Project No. 14-30). 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 - Lane Closure and Schedule Attachment B - Construction Contract Attachment C - Bid Protest from St. Francis Electric Attachment D - Bid Protest Reply to St. Francise Electric 12.6 14-0963 AMENDMENT TO CITY COUNCIL POLICY NO. 700-6 - LIEN FORGIVENESS PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Amending City Council Policy No. 700-6 - Lien Forgiveness Program; and, 2. Authorizing the City Manager to take any and all necessary and appropriate actions to carry out the purpose and intent of the resolution. City of Stockton Page 4 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Department: Economic Development Attachments: Attachment A - Resolution 08-0445 Lien Forgiveness Attachment B - Resolution 10-0121 Lien Forgiveness Attachment C - Policy Redline Version Proposed Resolution - Lien Forgiveness Program Exhibit 1 - Lien Forgiveness Council Policy No 700-6 12.7 14-0971 REJECT BIDS FOR THE REGIONAL WASTEWATER CONTROL FACILITY WEEDING AND GRUBBING PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to reject the bids submitted for the Regional Wastewater Control Facility Weeding and Grubbing Project. Department: Municipal Utilities 12.8 14-0973 APPROVAL OF CITY COUNCIL MINUTES Approve City Council minutes from the July 15, 2014 and August 26, 2014 City Council meetings. Department: City Clerk Attachments: 2014-07-15 City Council 2014-08-26 City Council 12.9 14-0979 FIRST AMENDMENT TO THE CURRENT AGREEMENT WITH CB MERCHANT SERVICES TO PROVIDE COLLECTION SERVICES AND AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSAL SOLICITING COLLECTION SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council authorize by motion the City Manager to execute an amendment to the current collections services agreement with CB Merchant Services (CBMS) through September 30, 2015 and to adopt findings and authorize the issuance of a Request for Proposal (RFP) for these services for a new contract effective October 1, 2015. Department: Human Resources Attachments: Attachment A - Amendment 1 to CB Merchant Services Agreement Attachment B - Agreement With Credit Bureau of San Joaquin County Attachment C - Addendum To Agreement With C B Merchant Services Revised staff report to include attachment list 12.10 14-0996 GRANT AWARD FOR AVOID THE 10 DUI CAMPAIGN - SAN JOAQUIN COUNTY City of Stockton Page 5 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Recommended Action: 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 $331,270, 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: Proposed Resolution - AVOID THE 10 DUI Campaign - San Joaquin County Exhibit 1 - AVOID THE 10 DUI Campaign Grant Agreement Revised resolution to show September 9, 2014 adoption date. 12.11 14-0997 GRANT AWARD FOR DUI STEP GRANT Recommended Action: 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 $400,365, 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 Attachments: Proposed Resolution - DUI STEP Grant Exhibit 1 - DUI STEP Grant Agreement Revised resolution to show September 9, 2014 adoption date. 12.12 14-1017 ADOPTING A RESOLUTION IN SUPPORT OF A “SLAVERY-FREE” ANTI-HUMANTRAFFICKING COMMUNITY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution recognizing that human trafficking is a fundamental human right and declaring the commitment of the City of Stockton in support of a "slavery-free" anti-human trafficking community. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Proposed Resolution - Anti-Human Trafficking 12.13 14-1040 APPOINTMENT TO THE MEASURE A CITIZENS’ ADVISORY COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution ratifying the appointment of Dwight Williams to fill the seat vacated by Commissioner Moses Elam. Mr. Williams' term will begin immediately upon appointment and end December 31, 2016. City of Stockton Page 6 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Department: City Clerk Attachments: Attachment A - Dwight Williams Application Redacted Proposed Resolution - Measure A Appointment Revised to properly show adoption of a resolution, not by motion action. 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0781 AUTHORIZE THE ISSUANCE AND SALE OF STOCKTON PUBLIC FINANCING AUTHORITY WASTEWATER REVENUE REFUNDING BONDS, SERIES 2014 (1998 WASTEWATER PROJECT AND 2003 WASTEWATER PROJECT) (“SERIES 2014 BONDS”) TO REFUND THE CITY OF STOCKTON CERTIFICATES OF PARTICIPATION 1998 SERIES A (WASTEWATER SYSTEM PROJECT) (THE “1998A CERTIFICATES”) REMAINING IN THE AMOUNT OF $70,395,000 AND THE CITY OF STOCKTON REFUNDING CERTIFICATES OF PARTICIPATION 2003 SERIES A (WASTEWATER SYSTEM PROJECT) (THE “2003A CERTIFICATES”) REMAINING IN THE AMOUNT OF $7,485,000 Department: Administrative Services Attachments: Attachment A - Projected Pro Forma and Debt Service Coverage Attachment B - Summary of Bonds Refunded Attachment C - Sources and Uses of Funds Attachment D - Bond Pricing Attachment E - Refunding Bond Debt Service Attachment F - Savings Proposed Resolution 1 - City Council - Authorizing Refunding Actions Exhibit 1 to proposed Resolution 1- Indenture Exhibit 2 to to proposed Resolution 1- Installment Purchase Contract Exhibit 3 to proposed Resolution1 - Bond Purchase Contract Exhibit 4 to proposed Resolution 1 - Preliminary Official Statement Proposed Resolution 2 - Public Financing Authority - Authorizing Refunding Actions Exhibit 1 to proposed Resolution 2 - Indenture Exhibit 2 to proposed Resolution 2 - Installment Purchase Contract Exhibit 3 to proposed Resolution 2 - Bond Purchase Contract Exhibit 4 to proposed Resolution 2 - Preliminary Official Statement 15.2 14-0967 AUTHORIZE AN ADOPTION OF THE EASTERN SAN JOAQUIN COUNTY GROUNDWATER BASIN AUTHORITY (GBA), INTEGRATED 2014 REGIONAL WATER MANAGEMENT PLAN UPDATE City of Stockton Page 7 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion adopting the Eastern San Joaquin County Integrated 2014 Regional Water Management Plan (IRWMP) Update, to support a vision of responsibly managing water resources for the lasting health of the City's community, economy and environment. Department: Municipal Utilities Attachments: Attachment A - IRWMP Executive Summary Attachment B - GBA Board Adopted Resolution 16. HEARINGS*** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-1006 ANNUAL BOARD AND COMMISSION REPORT FOR THE PARKS AND RECREATION COMMISSION FOR THE PERIOD COVERING AUGUST 1, 2013 THROUGH JULY 31, 2014 Report of President Michael Busby for the 12 month period ending July 31, 2014. Department: Community Services Attachments: Parks and Recreation Commission Annual Report City of Stockton Page 8 Printed on 9/4/2014 City Council/Successor Agency to Meeting Agenda - - Revised September 9, 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 9 Printed on 9/4/2014