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 Michael D. Tubbs Mayor/Chair Elbert H. Holman Jr. Vice Mayor/Vice Chair (District 1) Daniel R. Wright (District 2) Susan Lofthus (District 3) Susan Lenz (District 4) Christina Fugazi (District 5) Jesús M. Andrade (District 6) Tuesday, February 7, 2017 4:30 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:30 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 17-3329 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 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Name of Case: Jessica Glynn v. City of Stockton (United States District Court, Eastern District Case No. 2:15-CV-00529-KJM-DB) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 17-3331 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 17-3333 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: 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 The Invocation will be provided by Pastor Harry Brown of the New Day Community Church. 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS City of Stockton Page 2 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent 10. 1 17-3342 COMMENDATION: MABLE CHOICE Recommended Action: Recipient: Mable Choice Department: Office of the Mayor 11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS* 12. CONSENT AGENDA 12.1 16-3270 ACCEPT PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEAR 2015-16. Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Public Facility Fee Program Annual Reports for Fiscal Year 2015-16 (Attachment A) to comply with the Mitigation Fee Act reporting requirements. Department: Administrative Services Attachments: Attachment A - FY 2015-16 PFF Annual Report Attachment B - PFF Funds Available Fund Balances Attachment C - Total Impact Fee Revenues Attachment D - Total Impact Fee Expenditures 12.2 17-3313 ACCEPT BY MOTION THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED DECEMBER 31, 2016 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended December 31, 2016. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report for Quarter Ended 123116 12.3 17-3356 APPROVAL OF CITY COUNCIL MINUTES Approve minutes from the City Council Special Meeting of January 10, 2017. Department: City Clerk Attachments: 2017-01-10 Minutes for Approval 12.4 16-3184 ACCEPT VARIOUS COMMITTEE MINUTES FOR FILING City of Stockton Page 3 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that City Council adopt a motion to accept for filing the minutes of the following Council Committees and the Charter Review Commission: August 26, 2015 Council Community Improvement and Crime Prevention Committee meeting; August 26, 2015, September 23, 2015, and October 28, 2015 Charter Review Advisory Commission meetings; October 22, 2015 and December 7, 2015 City Council Charter Review Ad-Hoc Committee meetings; and October 3, 2016 and December 12, 2016 Audit Committee Meetings Department: City Clerk Attachments: 2015-08-26 Community Improvement and Crime Prevention Minutes 2015-08-26 Charter Review Advisory Commission Minutes 2015-09-23 Charter Review Advisory Commission Minutes 2015-10-28 Charter Review Advisory Commission Minutes 2015-10-22 Charter Review Ad-Hoc Committee Minutes 2015-12-07 Charter Review Ad-Hoc Committee Minutes 2016-10-03 Audit Committee Meeting Minutes 2016-12-12 Audit Committee Meeting Minutes 12.5 16-3260 APPROVE DOWNTOWN STOCKTON ALLIANCE PROPOSED 2017 ANNUAL OPERATING BUDGET, ASSESSMENT, AND 2016 ANNUAL REPORT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the proposed 2017 Operating Budget, Assessment, and 2016 Annual Report for the Property and Business Improvement District commonly known as the Downtown Stockton Alliance, a non-profit corporation, which operates the Downtown Stockton Management District. Department: Economic Development Attachments: Attachment A - ROPS 16-17 - Resolution OB 2016-01-27-0601 Proposed resolution - 2017 DSA assessment Exhibit 1 - 2017 DSA Budget Exhibit 2 - 2017 DSA Assessment Exhibit 3 - 2016 Annual Report 12.6 16-3264 AWARD A CONSTRUCTION CONTRACT TO ROBERT BURNS CONSTRUCTION, INC. FOR THE SWENSON PARK NORTH PUMP STATION ACCESS ROAD REHABILITATION PROJECT - PROJECT City of Stockton Page 4 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent NO. M16015 Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the plans and specifications for the Swenson Park North Pump Station Access Road Rehabilitation Project, Project No. M16015. 2. Award a Construction Contract in the amount of $179,954.56 to Robert Burns Construction, Inc. of Stockton, CA for the Swenson Park North Pump Station Access Road Rehabilitation, Project No. M16015 (Exhibit 1 to Resolution). 3. Approve the filing of Notice of Exemption No. CE022-16 under the California Environmental Quality Act (CEQA) for the Swenson Park North Pump Station Access Road Rehabilitation, Project No. M16015 (Exhibit 2 to Resolution). 4. Approve the appropriation of $179,954.56 from the Capital Improvement Program, Account No. 437-7785-670.20-62 (Municipal Wastewater Utility - Capital Improvement Program Wastewater - Sanitary Pump Station Rehabilitation). It is further recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution - Swenson Park Access Road M16015 Exhibit 1 - Construction Contract - Swenson Park M16015 Exhibit 2 - NOE CE022-16 - M16015 12.7 16-3271 APPROVE PILOT STUDY OF CALCIUM NITRATE (BIOXIDE) TO CONTROL ODOR AND CORROSION FOR CITY SEWER INFRASTRUCTURE, APPROVE FINDINGS AND APPROVE AGREEMENT WITH EVOQUA WATER TECHNOLOGIES LLC City of Stockton Page 5 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve pilot study of calcium nitrate (Bioxide) to control odor and corrosion for city sewer infrastructure. 2. Approve findings to support and justify an exception to the competitive bidding process. 3. Authorize the City Manager to execute an agreement with Evoqua Water Technologies LLC, of Sarasota, Florida, for the purchase of equipment and calcium nitrate (Bioxide(r)) in an amount not to exceed $125,000 through a cooperative purchase agreement with Dublin San Ramon Services District. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Evoqua Proposal Attachment B - Coop Service Contract Bay Area Consortium Bioxide Bid 4-5-16 Attachment C - Agreement Evoqua Water Technologies Attachment D - Evoqua Water Tech NOI to Award Contract Bid No 04-2016 12.8 17-3282 AWARD A SERVICE CONTRACT TO ROOT TAMERS, INC. FOR SANITARY SEWER ROOT TREATMENT SERVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to award a three-year service contract in an amount of $303,820 per year to Root Tamers, Inc. of Redding, California. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Root Tamers Agreement 12.9 17-3298 APPROVE RATIFICATION OF EXPENDITURES FOR EMERGENCY BYPASS PUMPING FOR THE NORTH SANITARY SEWER PUMP STATION Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion ratifying the emergency expenditure of $351,262.23 to Rain-for-Rent, Inc. of Stockton, for emergency bypass pumping for the North Sanitary Sewer Pump Station. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. City of Stockton Page 6 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Department: Municipal Utilities 12.10 16-3011 APPROVE FINDINGS AND PURCHASE OF TWO FIRE ENGINES AND ONE LADDER TRUCK Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process. 2. Approve the purchase of two fire engines and one ladder truck through a National Joint Powers Alliance (NJPA) contract with Rosenbauer America of Lyons, South Dakota and Wyoming, Minnesota in the amount of $2,313,640.16. 3. Approve a down payment in the amount of $462,740.16 from the Fleet Internal Service Fund (ISF). 4. Approve execution of a Master Lease-Purchase Agreement with Western Alliance Business Trust in an amount not to exceed $1,900,000 for the balance of the purchase price. 5. Authorize legal fees in an amount not to exceed $10,000 to be paid to Orrick, Herrington & Sutcliffe, LLP. 6. Authorize a budget amendment to the Fiscal Year 2016-17 Fleet ISF Annual Budget for the associated lease revenues and expenditures. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Public Works Attachments: Attachment A - Quote from Rosenbauer America Attachment B - Rosenbauer America NJPA Contract Award Proposed Resolution - Fire Engine and Ladder Purchase Exhibit 1 - Draft Master Lease Purchase Agreement 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 17-3344 ADOPT THE FISCAL YEAR 2016-17 ENTERPRISE RISK ASSESSMENT FINAL REPORT City of Stockton Page 7 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 the Redevelopment Agency/Public Financing Authority/Parking AuthorityConcurrent Recommended Action: RECOMMENDATION The Council Audit Committee recommends that by motion action the City Council adopt the Fiscal Year 2016-17 Enterprise Risk Assessment Final Report. Department: City Auditor Attachments: Attachment A - City of Stockton Enterprise Risk Assessment Report 11-01-16 16. HEARINGS**** 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 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 February 2, 2017, in compliance with the Brown Act. Bonnie Paige, CMC By: ________________________________ Deputy City of Stockton Page 8 Printed on 2/2/2017 City Council/Successor Agency to Meeting Agenda - Final February 7, 2017 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 9 Printed on 2/2/2017