City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - - Revised Authority/Parking Authority Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Michael D. Tubbs Mayor/Chair Daniel R. Wright Vice Mayor/Vice Chair (District 2) Sol Jobrack (District 1) Paul Canepa (District 3) Susan Lenz (District 4) Christina Fugazi (District 5) Jesus M. Andrade (District 6) Tuesday, July 30, 2019 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 19-5655 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Six 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. City of Stockton Page 1 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: James Redden (Workers’ Compensation Appeals Board, Case Nos. ADJ10264285, ADJ10264293, AND ADJ10264388) Name of Case: Chue Moua, et al. v. City of Stockton (San Joaquin County Superior Court Case No. STK-CV-UPI-2018-13254) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 19-5657 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 19-5658 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 19-5659 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code Section 54956.9(b). Department: City Attorney 3.5 19-5754 PUBLIC EMPLOYEE APPOINTMENT, EMPLOYEE EVALUATION OF PERFORMANCE, DISCIPLINE, OR DISMISSAL City of Stockton Page 2 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: 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 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10.1 19-5723 PRESENTATION - PG&E COMMUNITY WILDFIRE SAFETY PROGRAM, PUBLIC SAFETY POWER SHUTOFF, AND CITY OF STOCKTON PLANNING FOR ELECTRICAL SYSTEM DE-ENERGIZATION Recommended Action: RECOMMENDATION Information on the PG&E Community Wildfire Safety Program, Public Safety Power Shutoff (PSPS), and City of Stockton Planning for Electrical System De-Energization, presented by Pacific, Gas & Electric (PG&E) and Stockton Fire Department. This item is information only. Department: City Manager 11. CONSENT AGENDA 11.1 19-5567 AUTHORIZE THE PURCHASE OF PROPANE FROM CAMPORA PROPANE FOR THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the purchase of propane from Campora Propane for the Delta Water Treatment Plant, at an estimated cost of $98,541.91 for five-years. 2. Authorize the City Manager to take all the necessary and appropriate actions to carry out the purpose and intent of this motion. City of Stockton Page 3 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Municipal Utilities Attachments: Attachment A - Bid Abstract Attachment B - Purchase Order Terms and Conditions Attachment C - Letter of Agreement 11.2 19-5599 AUTHORIZE THE PURCHASE OF CORROSION INHIBITOR FROM STERLING WATER TECHNOLOGIES, LLC, FOR THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the purchase of a corrosion inhibitor chemical from Sterling Water Technologies, LLC of Columbia, TN; and 2. Authorize the City Manager to take all the necessary and appropriate actions to carry out the purpose and intent of this motion. Department: Municipal Utilities Attachments: Attachment A - Purchase Order Attachment B - Letter Of Agreement Attachment B, Exhibit A - PUR 18-026 Request for Sealed Bids 11.3 19-5620 AWARD A CONSTRUCTION CONTRACT WITH AMERICAN COOLING TOWER FOR THE REGIONAL WASTEWATER CONTROL FACILITY (RWCF) - COGENERATION SYSTEM COOLING TOWER REPLACEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. MUD-CE02-19 under the California Environmental Quality Act (CEQA) for the RWCF - Cogeneration System Cooling Tower Replacement, Project No. M18013 (Exhibit 1). 2. Approve the plans and specifications for the RWCF - Cogeneration System Cooling Tower Replacement, Project No. M18013. 3. Award a Construction Contract in the amount of $241,420.00 to American Cooling Tower of Oakley, California for the RWCF - Cogeneration System Cooling Tower Replacement, Project No. M18013 (Exhibit 2). It is further recommended that the City Manager be authorized to take necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities City of Stockton Page 4 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Proposed Resolution - Cogeneration System Cooling Tower Replacement Exhibit 1 - Notice of Exemption Exhibit 2 - Contract 11.4 19-5651 APPROVE CONTRACT CHANGE ORDER NO. 2 WITH ROBERTSON-BRYAN, INC. FOR PROJECT MANAGER SERVICES FOR THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Execute the Contract Change Order (CCO) No. 2 with Robertson-Bryan, Inc. of Elk Grove, CA, in the amount of $2,748,524, for a period of three (3) additional years through the completion of Phase 2B of the Regional Wastewater Control Facility Modifications Project (No. M16022) for professional engineering services as a Project Manager for the City of Stockton (Attachment A). 2. Approve findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process. 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 - Contract Change Order No. 2 Attachment B - Professional Services Contract Attachment C - Contract Change Order No. 1 11.5 19-5652 AWARD A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION REPRESENTATIVE SERVICES FOR THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT City of Stockton Page 5 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a Professional Services Contract, in the amount of $3,123,946, to Carollo Engineers, Inc. for the Construction Representative Services for a term of 4 years for the Regional Wastewater Control Facility (RWCF) Modifications Project (No. M16022). 2. Approve findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process. 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 - Professional Service Contract 11.6 19-5648 COMPLETE APPLICATION FOR CLEAN WATER STATE REVOLVING FUNDS TO REIMBURSE CAPITAL EXPENDITURES FOR THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT Recommended Action: RECOMMENDATION It is recommended that the Stockton City Council adopt a resolution to: 1. Reimburse the capital expenditures for an amount not to exceed $222,692,538 related to the Regional Wastewater Control Facility (RWCF) Modifications Project. 2. Upon approval, this resolution will supersede and replace Resolution No. 2017-10-03-1105-03, which provided for a total project cost of $150,000,000. It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution - State Revolving Fund 11.7 19-5752 ADOPT A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CITY ATTORNEY EMPLOYMENT CONTRACT TO PROVIDE FOR ADJUSTMENTS TO SALARY AND DEFERRED COMPENSATION AND THAT SUCH NEW SALARY BE POSTED IN THE CITY OF STOCKTON SALARY SCHEDULE City of Stockton Page 6 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the Mayor to execute an amendment to the City Attorney Employment Contract to provide for adjustments to salary and deferred compensation and that such new salary be posted in the City of Stockton Salary Schedule. Department: City Attorney Attachments: Attachment A - Employment Contract for City Attorney Proposed Resolution Exhibit 1 - Amendment to Employment Contract 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 19-5646 AUTHORIZE THE ISSUANCE AND SALE OF WASTEWATER BOND ANTICIPATION NOTES, SERIES 2019, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $125,000,000; APPROVING AS TO FORM THE VARIOUS FINANCING DOCUMENTS AND AUTHORIZE THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH Recommended Action: RECOMMENDATION Adopt Resolutions of the City of Stockton and the Stockton Public Financing Authority authorizing the issuance and sale of bond anticipation notes (BAN) in a principal amount "not-to-exceed" $125,000,000, with a True Interest Cost not exceeding 3.75% and an underwriter's discount not exceeding 0.35% of the principal amount of the BAN. This action provides funding for the initial phases of the City's wastewater capital projects and approves the execution of all documents and other actions related to the issuance of the BAN. Department: Administrative Services City of Stockton Page 7 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Projected Pro Forma Attachment B - BAN Sources and Uses of Funds Attachment C - Estimated Total Debt Service Attachment D - Plan of Finance Proposed Resolution 1 - City Council - 2019 BAN Proposed Resolution 2 - Financing Authority - 2019 BAN Exhibit 1 to Resolution 1 and 2 - Indenture - 2019 BAN Exhibit 2 to Resolution 1 and 2 - Installment Agreement - 2019 BAN Exhibit 3 to Resolution 1 and 2 - Note Purchase Contract Exhibit 4 to Resolution 1 and 2 - Preliminary Offering Memorandum 14.2 19-5649 AUTHORIZE THE CITY MANAGER TO OBTAIN A LOW INTEREST WATER INFRASTRUCTURE FINANCE AND INNOVATION ACT (WIFIA) LOAN FOR THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt three resolutions to authorize procurement of credit assistance for the planning, design, and construction of the Regional Wastewater Control Facility Modifications Project (CIP No. M16022): 1. Authorize the City Manager, or designee, as the representative to apply for, negotiate, pay applicable fees (not to exceed $500,000) and execute a Loan Agreement and amendments with the U.S. Environmental Protection Agency (EPA) for credit assistance under the Water Infrastructure Finance and Innovation Act (WIFIA) program and make other related certifications. 2. Dedicate and pledge Net Revenues of the Wastewater Utility Enterprise Fund as a source of revenue for the repayment of any and all WIFIA program financing. 3. Authorize reimbursement of the City's capital expenditures paid prior to the loan agreement related to the Regional Wastewater Control Facility Modifications Project. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of these resolutions. Department: Municipal Utilities Attachments: Proposed Resolution - Authorize WIFIA Proposed Resolution - Pledge WIFIA Proposed Resolution - WIFIA Reimbursement 14.3 19-5647 AWARD PHASE 2B OF THE PROGRESSIVE DESIGN-BUILD City of Stockton Page 8 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CONTRACT FOR THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT Recommended Action: RECOMMENDATION It is recommended that the Stockton City Council adopt a resolution to: 1. Award Phase 2B of the Progressive Design-Build Contract for the Guaranteed Maximum Price (GMP), in the amount of $186,596,624, between the City and AECOM/W.M. Lyles, Joint Venture (JV) for the final design, engineering services during construction, construction management and construction of the Regional Wastewater Control Facility (RWCF) Modifications Project. 2. Authorize the City Manager to execute Amendment No. 2 to Progressive Design-Build Contract. 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 resolution. Department: Municipal Utilities Attachments: Proposed Resolution - RWCF Modifications Phase 2B Exhibit 1 - Amendment No 2 14.4 19-5678 STATUS OF SOLID WASTE FRANCHISE NEGOTIATIONS Recommended Action: RECOMMENDATION City Council is asked to consider the informational presentation regarding the status of the solid waste franchise negotiations. City Council has the option to maintain, modify or change the prior direction to conduct sole source negotiations with the existing franchise haulers. Department: Public Works Attachments: Attachment A - Existing versus Proposed New Services Attachment B - Optional New or Enhanced Services Attachment C - State-Mandated Requirements 14.5 19-5758 DISCUSSION AND ACTION ON THE REQUEST BY OPEN WINDOWS PROJECT, LLC TO RELEASE THE CITY’S LIEN ON 210 NORTH AMERICAN STREET TO FACILITATE THE SALE OF THAT PROPERTY TO ONE BEAT PROJECT, LLC. Department: City Clerk This item was added on 2019-07-26 14.6 19-5760 DOWNTOWN INFRASTRUCTURE INFILL INCENTIVE REIMBURSEMENT AGREEMENT WITH OWP PHASE 2, LP *THIS ITEM WAS PLACED ON THE AGENDA BY MAYOR TUBBS City of Stockton Page 9 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing a Downtown Infrastructure Infill Incentive Reimbursement Agreement with OWP[LM3][JM4] Phase 2, LP, in the amount of $1.8 million; and 2. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Office of the Mayor Attachments: Attachment A - Vicinity Map Attachment B - Project Description Proposed Resolution - OWP Incentive Agreement Exhibit 1 - Reimbursement Agreement This item was added on 2019-07-26 15. HEARINGS**** 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 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 July 26, 2019, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 10 Printed on 7/26/2019 City Council/Successor Agency to Meeting Agenda - - Revised July 30, 2019 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent *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 11 Printed on 7/26/2019