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, September 23, 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 14-0866 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 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 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 14-0874 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 3.3 14-1072 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Number of Cases: One 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* 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 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 12. CONSENT AGENDA 12.1 14-0766 ADOPT AMENDMENT OF THE “THROUGH STREET SCHEDULE” TO ADD B STREET FROM WEBER AVENUE TO MARKET STREET AND B STREET FROM HAZELTON AVENUE TO SCOTTS AVENUE; AND ADOPT AMENDMENT OF THE “STOP CONTROLLED INTERSECTION SCHEDULE - SECTION: B” TO MATCH CURRENT FIELD CONDITIONS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing an amendment of the "Through Street Schedule", pursuant to Stockton Municipal Code (SMC) Section 10.04.260 and California Vehicle Code (CVC) Section 21354, to add B Street from Weber Avenue to Market Street, and B Street from Hazelton Avenue to Scotts Avenue. It is also recommended that the City Council adopt a resolution authorizing an amendment to the "Stop Controlled Intersection Schedule", pursuant to SMC Section 10.04.280 and CVC Sections 21351.5 and 21354, to delete 18 intersections from this schedule to match current field conditions. It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of these resolutions. Department: Public Works Attachments: Attachment A - Vicinity Map - B Street Proposed Resolution - Amend Through Street Schedule Exhibit 1 - Through Street Schedule Proposed Resolution - Amend Stop Controlled Schedule Exhibit 1 - Stop Controlled Intersection Schedule 12.2 14-0972 APPROVE AN AMENDMENT TO PROFESSIONAL SERVICES MASTER CONTRACT WITH BLACK AND VEATCH CORPORATION FOR THE PHASE 1 EVALUATION OF THE CITY OF STOCKTON’S COGENERATION FACILITY Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute an Amendment to Professional Services Master Contract for Design, Geotechnical Testing, Plan Review, and Surveying Services with Black and Veatch Corporation of Rancho Cordova in the amount of $88,600 to perform a Phase 1 evaluation of the City of Stockton Cogeneration Facility. 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 City of Stockton Page 3 Printed on 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - Amendment to Professional Services Master Contract - Cogeneration Facility 12.3 14-0978 RESTORATION WORK AT STEWART-EBERHARDT BUILDING (SEB) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion approving findings and payment in the amount of $213,053.38 to Belfor USA Group, Inc. for remediation and restoration work at the Stewart-Eberhardt Building (SEB) for water damage caused by a ruptured water tank on February 1, 2014. It is also 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 - Final Invoice - Restoration Work at SEB 12.4 14-0992 ADOPTION OF A RECOGNIZED OBLIGATION PAYMENT SCHEDULE Recommended Action: RECOMMENDATION It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") approve a resolution adopting the Recognized Obligation Payment Schedule ("ROPS") for the period of January 1, 2015 through June 30, 2015, (Exhibit 1 to the Resolution) as required under Health and Safety Code Section 34177 (m). Department: Economic Development Attachments: Attachment A - Resolution 11-0251 Attachment B - Resolution SRD 2013-09-24-1503 Attachment C - Resolution 2013-09-24-1503 Attachment D - Resolution SA 2014-06-24-1601 Proposed Resolution - Recognized Obligation Payment Schedule July-December Exhibit 1 - ROPS 14-15B 12.5 14-0998 AUTHORIZE AN AGREEMENT WITH BAE URBAN ECONOMICS, INC. FOR THE PREPARATION OF THE 2015-2020 CONSOLIDATED PLAN FOR THE CITY OF STOCKTON Recommended Action: RECOMMENDATION It is recommended that the City Council by motion: 1. Approve the execution of an agreement with BAE Urban Economics, Inc. in an amount not to exceed $73,000 for the preparation of the 2015-2020 Consolidated Plan for the City of Stockton; and 2. Authorize 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 City of Stockton Page 4 Printed on 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Attachments: Attachment A - Professional Services Agreement 12.6 14-1000 MOTION APPROVING AND ACCEPTING PUBLIC ART FOR STUART GIBBONS PARK Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion approving the Public Art Advisory Committee recommendation to accept a gift of public art installed in the spring of 2014 at Stuart Gibbons Park and authorizing the City Manager to take appropriate actions to carry out the purpose and intent of the motion. Department: Community Services Attachments: Attachment A - Gibbons Park Mural 12.7 14-1004 WATER DAMAGE RESTORATION WORK AT CITY HALL Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion approving findings and payment in the amount of $47,205.58 to Servpro of Stockton for remediation and restoration work in the City Hall basement for water damage caused by heavy rainfall and inadequate drainage on April 25, 2014. It is also 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 - Purchase Order 185447 - Restoration Work at City Hall Attachment B - Final Invoice from Servpro of Stockton 12.8 14-1023 APPROVE MAYORAL APPOINTMENTS TO THE HANDICAPPED ACCESS BOARD OF APPEALS Recommended Action: RECOMMENDATION Adopt a motion affirming the Mayoral Appointments to the Handicapped Access Board of Appeals. Department: Community Development Attachments: Attachment A - Applications 12.9 14-1025 ADOPT A RESOLUTION TO DECLARE A STAGE 1 WATER SHORTAGE EMERGENCY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution declaring a Stage 1 Water Shortage Emergency in response to the Governor's Proclamation declaring a State of Emergency to exist in California due to severe drought conditions and the issuance of the State Water Resources Control Board Resolution resolving water suppliers increase their conservation measures and strategies for the foreseeable future. City of Stockton Page 5 Printed on 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent Department: Municipal Utilities Attachments: Attachment A - Governors Proclamation of a State of Emergency 1-17-2014 Attachment B - State Water Resources Control Board Resolution 2014-0038 Proposed Resolution - Water Shortage Emergency Resolution 2014 12.10 14-1030 APPROVE AN AMENDMENT TO THE PROFESSIONAL SERVICES MASTER AGREEMENT WITH ROBERTSON-BRYAN, INC. TO SUPPORT PREPARATION OF TECHNICAL REPORTS FOR THE REGIONAL WATER QUALITY CONTROL BOARD Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion an amendment to the Professional Services Master Agreement with Robertson-Bryan, Inc. of Sacramento in the amount of $79,138 to help prepare technical reports and provide other services as required under the new National Pollutant Discharge Elimination System Permit for the Regional Wastewater Control Facility (Attachment A - Amendment to Master Services Agreement with Robertson-Bryan, Inc.). It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - RBI Contract Amendment 12.11 14-1031 AUTHORIZE AN AGREEMENT WITH CALIFORNIA WATER/WASTEWATER AGENCY RESPONSE NETWORK (CalWARN) Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute the California Water/Wastewater Agency Response Network (CalWARN) 2007 Omnibus Mutual Assistance Agreement with the California Office of Emergency Services, the Department of Water Resources (DWR), the Department of Public Health and the California Utilities Emergency Association (CEUA) to facilitate and encourage mutual assistance agreements between water agencies (Attachment A - CalWARN Agreement). Department: Municipal Utilities Attachments: Attachment A - CalWARN Agreement 12.12 14-1075 APPROVAL OF CITY COUNCIL MINUTES Approve City Council minutes of the September 9, 2014 City Council meeting. Department: City Clerk Attachments: 2014-09-09 City Council minutes City of Stockton Page 6 Printed on 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 14-0964 PUBLIC MEETING: STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT RENEWAL Recommended Action: RECOMMENDATION No recommendation. The public meeting is to provide interested parties an opportunity to provide testimony in support or opposition to the Stockton Tourism Business Improvement District assessment pursuant to the Property and Business Improvement District Law of 1994. Department: Economic Development Attachments: Attachment A - Resolution 10-0407 Attachment B - Resolution 2014-09-09-1202 Attachment C - Management District Program 15.2 14-1053 PROCEDURES FOR FILLING CITY COUNCIL VACANCY - DISTRICT 2 Recommended Action: RECOMMENDATION It is recommended that City Council approve a motion to accept the procedures for filling the upcoming vacant District 2 City Council seat. Department: City Clerk Attachments: Attachment A - Procedures for Filing a City Council Vacancy Attachment B - Application for City Council Appointment 15.3 14-1068 CITY COUNCIL STRATEGIC TARGET FUND ALLOCATION FOR FY14/15 Recommended Action: RECOMMENDATION It is recommended that by motion action, the City Council provide direction to staff regarding the Strategic Priority Targets funding of $350,000. Department: City Manager Attachments: Attachment A - FY 2014-15 Strategic Work Plan Attachment B - Proposal Summaries 16. HEARINGS*** 17. COUNCIL COMMENTS City of Stockton Page 7 Printed on 9/17/2014 City Council/Successor Agency to Meeting Agenda - Final September 23, 2014 the Redevelopment Agency/Public Financing AuthorityConcurrent 18. ADJOURNMENT INFORMATIONAL ITEMS 1 14-1059 ANNUAL BOARD AND COMMISSION REPORT FOR THE STOCKTON ARTS COMMISSION FOR THE PERIOD COVERING SEPTEMBER 1, 2013 THROUGH AUGUST 31, 2014 Report of Chair Alicia Arong for the 12 month period ending August 31, 2014. Department: Community Services Attachments: Stockton Arts Commission Annual Report *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 8 Printed on 9/17/2014