City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - Final 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 (District 5) Elbert H. Holman Jr. (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Michael C. Blower (District 4) Michael D. Tubbs (District 6) Tuesday, April 26, 2016 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 16-2573 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 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 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 16-2574 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: 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 16-2575 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 16-2588 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 City of Stockton Page 2 Printed on 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 16-2576 APPROVAL OF CITY COUNCIL MINUTES Approve the minutes from the January 26, 2016 City Council meeting. Department: City Clerk Attachments: 2016-01-26 City Council Minutes 12.2 16-2351 APPROVE MAYORAL APPOINTMENTS TO THE MEASURE W COMMITTEE Recommended Action: RECOMMENDATION Adopt a resolution ratifying the Mayor's recommendations to fill three vacancies on the Measure W Committee for one term commencing immediately and ending December 31, 2016 and two terms commencing immediately and ending December 31, 2017. Department: City Clerk Attachments: Attachment A - Redacted Applications Proposed Resolution - Appointing Three Members 12.3 16-2356 APPROVE A TRANSFER OF FUNDS FROM PROPORTIONATE SHARE ACCOUNT TO MEASURE K MAINTENANCE FUND BALANCE AND APPROPRIATE MEASURE K MAINTENANCE FUNDS TO PROJECTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the reimbursement to the Measure K fund balance (Fund 082) from the Proportionate Share Accounts (Fund 686) in the amount of $2,365,565.91 to allow the City to deliver additional and/or existing priority projects needed in the City of Stockton. 2. Appropriate Measure K (Fund 082) in the amount of $2,150,000 to help fund various pedestrian/bicycle, traffic, and roadway projects with the remaining $215,565.91 added to Measure K fund (Fund 082) balance. 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. City of Stockton Page 3 Printed on 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Public Works Attachments: Attachment A - Detailed Account Balances Attachment B - Vicinity Map Proposed Resolution - Measure K Fund Transfers and Appropriations 12.4 16-2391 APPROVE A PROFESSIONAL SERVICES CONTRACT WITH NV5 FOR THE PERSHING AVENUE SEWER TRUNK LINE REHABILITATION, PROJECT NO. M16003 Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute a Professional Services Contract with NV5, of Manteca, CA, in the amount of $158,692, for the Pershing Avenue Sewer Trunk Line Rehabilitation, Project No. M16003. It is further recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 12.5 16-2448 ACCEPT BY MOTION THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED MARCH 31, 2016 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended March 31, 2016. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report - Quarter Ended 3-31-16 12.6 16-2507 APPROVE RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE SERVICES MANAGEMENT UNIT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by Resolution the attached Stockton Firefighters' Local 456, Fire Services Management Unit successor Memorandum of Understanding (MOU) effective July 1, 2015 through June 30, 2016. The City Council adoption will: 1) Authorize the City Manager to execute the MOU, 2) Amend the Fiscal Year (FY) 2015/2016 budget to appropriate additional funds, and 3) Take actions appropriate to carry out the implementation of the MOU. Department: Human Resources City of Stockton Page 4 Printed on 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - Fire Services Management MOU - redlined Proposed Resolution - Fire Services Management MOU Exhibit 1 - Fire Services Management MOU 12.7 16-2557 RESOLUTION TO RECOGNIZE THE NOVEMBER 1984 ANTI-SIKH VIOLENCE IN INDIA AS "GENOCIDE" Recommended Action: RECOMMENDATION This item is being presented at the request of Vice Mayor Fugazi for consideration by the City Council for adoption. Department: City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Attachments: Attachment A - 1984 Sikh Genocide Report - Official UN Copy Proposed Resolution - 1984 Sikh Genocide 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 16-2572 AUTHORIZATION TO PROCEED WITH REFINANCING BONDS FOR PUBLIC BENEFIT Recommended Action: RECOMMENDATION It is recommended that the City Council/Successor Agency Board adopt a motion to: 1. authorize the City Manager to proceed with activities related to refinancing certain Redevelopment/Successor Agency and Land Based 1913/1915 Act and Mello Roos bonds subject to subsequent approval by the City Council/Successor Agency Board of the final refunding proposal, 2. approve findings for exemptions from competitive bidding requirements to reappoint underwriters for the refunding transactions, and 3. authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion. Department: Administrative Services Attachments: Attachment A - Del Rio Advisor CCO 7 15.2 16-2577 APPROVE CONTRACT CHANGE ORDER NO. 2 TO THE CONTRACT WITH USA POOLS OF CALIFORNIA FOR POOL WATER AND FILTER SYSTEM MAINTENANCE (PROJECT NO. 15-33) City of Stockton Page 5 Printed on 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to execute Contract Change Order No. 2, with USA Pools of California, in the amount of $90,000 to perform pool maintenance-related repairs under the Pool Water and Filter System Maintenance project (Project No. 15-33). It is further recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Public Works Attachments: Attachment A - Contract Change Order 2 16. HEARINGS**** 16.1 16-2461 PUBLIC HEARING: 2016-2017 ANNUAL ACTION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, AND EMERGENCY SOLUTION GRANT PROGRAMS AND REVISED CITIZEN PARTICIPATION PLAN Recommended Action: RECOMMENDATION It is recommended that the City Council adopt two resolutions: Resolution 1 1) Approving the 2016-2017 Annual Action Plan with any modifications deemed appropriate by the Council; and 2) Approving the revised Citizen Participation Plan; and 3) 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 actions necessary and appropriate to carry out the purpose and intent of the resolution. Resolution 2 Approving the allocation of $240,000 of General Fund dollars to five community based organizations. Department: Economic Development Attachments: Attachment A - Applications Received Resolution 1 - 2016-17 Action Plan Exhibit 1 to Reso 1 - 2016-2017 Action Plan Exhibit 2 2016-17 Sources and Uses Exhibit 3 2016 Citizen Participation Plan Resolution 2 - 2016-17 Action Plan - General Fund City of Stockton Page 6 Printed on 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 15-2283 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Information only, no action required. Department: City Clerk Attachments: 2015-06-10 Measure W Oversight Committee Minutes CERTIFICATE OF POSTING I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on April 21, 2016, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 7 Printed on 4/21/2016 City Council/Successor Agency to Meeting Agenda - Final April 26, 2016 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent *Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, 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 this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one. In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility. Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting. 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 4/21/2016