City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Anthony Silva, Mayor/Chair Christina Fugazi, Vice Mayor/Vice Chair Elbert H. Holman Jr. (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Moses Zapien (District 4) Michael D. Tubbs (District 6) Tuesday, February 3, 2015 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM | Regular Session 5:30 PM 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 15-1353 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 1/29/2015 City Council/Successor Agency to Meeting Agenda February 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 15-1354 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 15-1355 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: Three 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 15-1392 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 4. PUBLIC COMMENT* 5. RECESS TO CLOSED SESSION 6. REGULAR SESSION CALL TO ORDER/ROLL CALL 7. INVOCATION/PLEDGE TO FLAG City of Stockton Page 2 Printed on 1/29/2015 City Council/Successor Agency to Meeting Agenda February 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 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 14-1238 APPROVE SERVICE CONTRACT WITH ROOT TAMERS FOR SANITARY SEWER PIPELINE ROOT CONTROL PROGRAM Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion findings to support and justify an exception to the competitive bidding process; and authorize the City Manager to enter into an agreement for sanitary sewer root control with Root Tamers of Redding, California in the amount of $100,367 through a cooperative purchase agreement with the City of Sacramento. It is also recommended that the City Council authorize the City Manager to take any and all appropriate actions necessary to carry out the intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Root Tamers Cooperative Service Contract Attachment B - City Contract for Root Tamers Attachment B, Exhibit B - Insurance Requirements 12.2 14-1338 SUMMARY VACATION AND RECONVEYANCE OF A PUBLIC SERVICE EASEMENT LOCATED AT 144 MUN KWOK LANE City of Stockton Page 3 Printed on 1/29/2015 City Council/Successor Agency to Meeting Agenda February 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION City Council Action It is recommended that the City Council adopt a resolution authorizing summary vacation and any interest therein of a public service easement owned by the Successor Agency to the Former Redevelopment Agency (Successor Agency) between Mun Kwok Lane and Washington Street located at 144 Mun Kwok Lane (APN 149-040-08), more commonly referred to as the Franco Center Building. Successor Agency Action It is recommended that the Successor Agency adopt a resolution recommending the Stockton Successor Agency Oversight Board authorize the reconveyance to San Joaquin County Housing Authority of a public service easement owned by the Successor Agency between Mun Kwok Lane and Washington Street located at 144 Mun Kwok Lane (APN 149-040-08), more commonly referred to as the Franco Center Building. Department: Economic Development Attachments: Attachment A - Vicinity Map Attachment B - Aerial Map Attachment C - Council Resolution No. 11-0251 Proposed COS Resolution - 144 Mun Kwok Lane - Abandonment (SJCHA) Exhibit 1 - Map Exhibit 2 - Legal Description Proposed Successor Agency Resolution - 144 Mun Kwok Lane - Abandonment (SJCHA) Exhibit 1 - Map Exhibit 2 - Legal Description 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 15-1386 COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2014 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Comprehensive Annual Financial Report for the year ended June 30, 2014 as approved and submitted by the Audit Committee to the City Council. Department: Administrative Services City of Stockton Page 4 Printed on 1/29/2015 City Council/Successor Agency to Meeting Agenda February 3, 2015 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment B - Unrecorded Audit Adjusting Journal Entries 16. HEARINGS*** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS *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 5 Printed on 1/29/2015