City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - Final Authority/Parking Authority Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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, December 5, 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 17-4151 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Eight 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 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent CIV.S-02-0065 LKK JFM) Name of Case: Filberto Valencia, et al. v. City of Stockton, et al. (Eastern District Case No. 2:16-CV-02081-JAM-AC) Name of Case: Nathaniel Smith v. City of Stockton, et al. (United States District Court, Eastern District Case No. 2:15-CV-00363-KJM-AC) Name of Case: Patrick Craig, et al. v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2017-0006371) Name of Case: City of Stockton v. Christopher J. Bennitt, et al. (San Joaquin County Superior Court Case No. STK-CV-UMCP-2017-11550) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.2 17-4152 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 17-4153 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-4154 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION City of Stockton Page 2 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 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 11. CONSENT AGENDA 11.1 17-4161 ADOPT A RESOLUTION APPOINTING ONE MEMBER TO THE STRONG COMMUNITIES ADVISORY COMMITTEE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution appointing one member to the Strong Communities Advisory Committee to represent District 2 for a term beginning upon appointment and ending June 30, 2018. Department: City Clerk Attachments: Attachment A - Redacted Application Proposed Resolution - Committee Appointments 11.2 17-4198 APPOINTMENT TO SAN JOAQUIN REGIONAL TRANSIT DISTRICT BOARD Recommended Action: RECOMMENDATION Adopt a resolution waiving the interview requirement as stated in Council Policy 3.02 and reappointing Balwinder Singh to the San Joaquin Regional Transit District Board for a term commencing January 1, 2018, and ending December 31, 2021. Department: City Clerk City of Stockton Page 3 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Redacted Application Proposed Resolution - SJRTD Appointment 11.3 17-4203 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of November 7, 2017. Department: City Clerk Attachments: 2017-11-07 - Minutes for Approval 11.4 17-4170 ADOPT THE 2018 STATE AND FEDERAL LEGISLATIVE PROGRAMS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt by motion the 2018 State Legislative Program and 2018 Federal Legislative Program and authorize the City Manager to pursue the objectives outlined in these Programs through advocacy efforts in Sacramento and Washington, D.C. Department: City Manager Attachments: Attachment A - 2018 State Legislative Program - Redline Attachment B - 2018 State Legislative Program - Final Attachment C - 2018 Federal Legislative Program - Redline Attachment D - 2018 Federal Legislative Program - Final 11.5 17-4077 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 1701 WEST WASHINGTON STREET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the filing of Notice of Exemption No. CE003-17 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 1701 West Washington Street; and 2. Authorizing the disposition of a .37-acre site located at 1701 West Washington Street to Stratus Construction Company, LLC, in the amount of $200,000; and 3. Authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement with Stratus Construction Company, LLC; and 4. Authorizing the City Manager, or his designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development City of Stockton Page 4 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map - 1701 W. Washington St Attachment B - Aerial Map - 1701 W. Washington St Attachment C - Letter of Intent and Offer - 1701 W. Washington St Proposed Resolution - Sale of Real Property - 1701 W. Washington St Exhibit 1 - NOE - 1701 W. Washington St Exhibit 2 - PSA - 1701 W. Washington St 11.6 17-4134 APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH THE SAN JOAQUIN PARTNERSHIP TO ASSIST WITH ECONOMIC DEVELOPMENT ACTIVITIES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing the City Manager to execute a professional services agreement in the amount of $78,000 for fiscal year 2017-18 with the San Joaquin Partnership; 2. Approving findings for an exception to the competitive bidding process. 3. Authorizing the City Manager to take necessary and appropriate action to carry out the purpose and intent of the motion. Department: Economic Development Attachments: Attachment A - Marketing San Joaquin USA Attachment B - SJJP 2016-17 Draft Annual Report Attachment C - Professional Service Agreement 11.7 17-4138 APPROVE MOTION AUTHORIZING THE PURCHASE OF FIRSTWATCH EARLY EVENT DETECTION SYSTEM SOFTWARE FROM FIRSTWATCH SOLUTIONS, INC., REQUIRED BY SAN JOAQUIN COUNTY EMERGENCY MEDICAL SERVICES AGENCY Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion: 1. Authorizing the City Manager to purchase FirstWatch Early Event Detection System software for a first-year cost of $74,377, and annual maintenance services from FirstWatch Solutions, Inc., and authorizing a 15% project contingency in the amount of $11,157; 2. Approving findings that support an exception to the competitive bidding process; and 3. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. City of Stockton Page 5 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Fire Attachments: Attachment A - EMS Policy No. 3109 Attachment B - FirstWatch Quote Attachment C - FirstWatch Software License Agreement 11.8 17-4131 APPROVE MOTION TO AWARD CONTRACT FOR DESIGN OF THE DELTA WATER SUPPLY PROJECT INTAKE PUMP STATION IMPROVEMENTS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Award a Professional Services Contract to HDR Engineering, Inc. of Folsom, CA in the amount of $94,631 for the Delta Water Supply Project Intake Pump Station Improvements Project (No. M17029). 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process. 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: Municipal Utilities Attachments: Attachment A - Professional Services Contract with HDR Engineering 11.9 17-4136 APPROVE MOTION TO AWARD CONTRACT FOR DESIGN OF THE NORTH STOCKTON PIPELINE SODIUM HYPOCHLORITE INJECTION SYSTEM PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion authorizing the City Manager to: 1. Award a Professional Services Contract in the amount of $89,796 to Black Water Consulting Engineers, Inc. of Modesto, CA for design services for the North Stockton Pipeline Sodium Hypochlorite Injection System (Project No. M17012). 2. Approve findings pursuant to Stockton Municipal Code 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 Black Water Consulting Engineers City of Stockton Page 6 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.10 17-4072 AWARD A CONTRACT FOR GOODS AND SERVICES TO NRC ENVIRONMENTAL SERVICES, INC. FOR CITRIC ACID WASTE HAULING SERVICES AT THE DELTA WATER TREATMENT PLANT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to award a five-year goods and services contract to NRC Environmental Services, Inc. of West Sacramento, in the amount of $288,000 for citric acid waste hauling services at the Delta Water Treatment Plant (PUR 17-004). 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 - Citric Waste Hauling 11.11 17-4179 APPROVE RESOLUTION TO AUTHORIZE ACCEPTANCE OF A COMMUNITY POLICING DEVELOPMENT GRANT AWARD FROM THE U.S. DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES AND AMEND THE FISCAL YEAR 2017-18 ANNUAL BUDGET Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the acceptance of a Community Policing Development Grant from the U.S. Department of Justice Office of Community Oriented Policing Services in the amount of $75,000; 2. Authorize the City Manager to execute all required contracts or agreements with the granting agency, provide additional information, and furnish such documents as may be required, execute all documents and amendments or extensions pertaining to the grant project and make all required appropriations in compliance with, and for the purposes stated in, the grant award documents; 3. Amend the Fiscal Year (FY) 2017-18 Annual Budget to increase the Police Grants & Special Programs expenditure and revenue appropriation by $75,000; and 4. Authorize the City Manager to take all necessary and appropriate actions to carry out the purposes and intent of the resolution. Department: Police Attachments: Proposed Resolution - 2017 COPS SHRED Grant Exhibit 1 - COPS SHRED Grant 2017 - Award Document 11.12 17-4149 APPROVE RESOLUTION TO AUTHORIZE THE INSTALLATION OF City of Stockton Page 7 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent TRAFFIC SIGNAL AND SAFETY LIGHTING AT ARCH-AIRPORT ROAD AND B STREET INTERSECTION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the Notice of Exemption No. CE019-16 under the California Environmental Quality Act for the Installation of Traffic Signal and Safety Lighting at Arch-Airport Road and B Street Intersection, Highway Safety Improvement Program Cycle 6, Project No. PW1417/Federal Project No. HSIPL-5008(135). 2. Approve the plans and specifications for the Installation of Traffic Signal and Safety Lighting at Arch-Airport Road and B Street Intersection, Highway Safety Improvement Program Cycle 6, Project No. PW1417/Federal Project No. HSIPL-5008(135). 3. Accept and appropriate additional Highway Safety Improvement Program Grant funds in the amount of $28,959 to the Installation of Traffic Signal and Safety Lighting at Arch-Airport Road and B Street Intersection, Highway Safety Improvement Program Cycle 6, Project No. PW1417/Federal Project No. HSIPL-5008(135). 4. Award a Construction Contract in the amount of $412,041 to Tim Paxin's Pacific Excavation, Inc. of Elk Grove, CA, for the Installation of Traffic Signal and Safety Lighting at Arch-Airport Road and B Street Intersection, Highway Safety Improvement Program Cycle 6, Project No. PW1417/Federal Project No. HSIPL-5008(135). 5. Authorize the City Manager to execute a cost sharing agreement with San Joaquin County to share in the cost to maintain and operate the traffic signal system at the Arch-Airport Road and B Street intersection. 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 - Vicinity Map Proposed Resolution - Traffic Signal Installation Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract Exhibit 3 - City - County Agreement 11.13 17-4076 APPROVE RESOLUTION TO AUTHORIZE THE STREET LIGHTS RE-WIRING PROJECT City of Stockton Page 8 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the filing of the Notice of Exemption No. CE020-17 under the California Environmental Quality Act for the Street Lights Re-Wiring, Project No. OM-17-066 (PW1731). 2. Approve the plans and specifications for the Street Lights Re-Wiring, Project No. OM-17-066 (PW1731). 3. Award a Construction Contract in the amount of $233,168.08 to Collins Electrical Company, Inc. of Stockton, CA, for the Street Lights Re-Wiring, Project No. OM-17-066 (PW1731). 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 - Vicinity Map Proposed Resolution - Street Lights Re-wiring Project Exhibit 1 - Notice of Exemption Exhibit 2 - Contract with Collins Electrical 11.14 17-4047 REJECT BID FOR THE RESPONSIVE TRAFFIC SIGNAL CONTROL ON EL DORADO STREET Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting the bid received for construction of the Responsive Traffic Signal Control on El Dorado Street (Project No. PW1421/HSIPL-5008(137)) pursuant to Stockton Municipal Code section 3.68.160(B). 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 motion. Department: Public Works Attachments: Attachment A - Vicinity Map 11.15 17-4049 ADOPT RESOLUTION APPROVING THE CITY OF STOCKTON SAFE ROUTES TO SCHOOL PLAN City of Stockton Page 9 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the Notice of Exemption No. CE037-17 under the California Environmental Quality Act for the City of Stockton Safe Routes to School Plan, Project No. PW1441/Federal Project No. ATPLNI-5008(138). 2. Approve the City of Stockton Safe Routes to School Plan, Project No. PW1441/Federal Project No. ATPLNI-5008(138). 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 - Stockton Safe Routes to School Plan Proposed Resolution - Safe Routes to School Plan Exhibit 1 - SRTS Notice of Exemption 11.16 17-4070 APPROVE RESOLUTION TO AUTHORIZE THE REPLACEMENT OF STREET LIGHTS THAT WERE DAMAGED BY AUTOMOBILE ACCIDENTS WITH THE STREET LIGHT KNOCKDOWN REPAIRS PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to: 1. Approve the Notice of Exemption No. CE021-17 under the California Environmental Quality Act for the Street Light Knockdown Repairs, Project No. OM-17-124. 2. Approve the plans and specifications for the Street Light Knockdown Repairs, Project No. OM-17-124. 3. Award a Construction Contract in the amount of $87,331.25 to Star Energy Management, Inc. of Oroville, CA, for the Street Light Knockdown Repairs, Project No. OM-17-124. 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 City of Stockton Page 10 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution - Street Light Replacement Exhibit 1 - Notice of Exemption Exhibit 2 - Contract with Star Energy Management 11.17 17-4099 REJECT BIDS FOR THE SIDEWALK REPAIR AND CURB-RAMP INSTALLATION, PHASE 2, PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting all bids received for the Sidewalk Repair and Curb-Ramp Installation, Phase 2, Project No. PW1531 pursuant to Stockton Municipal Code section 3.68.160(B). 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 motion. Department: Public Works Attachments: Attachment A - List of Locations 11.18 17-4104 REJECT BIDS FOR THE MARCH LANE ADAPTIVE TRAFFIC CONTROL SYSTEM Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion rejecting all bids received for construction of the March Lane Adaptive Traffic Control System (Project No. PW1312/Federal Project No. CML-5008(127)) pursuant to Stockton Municipal Code section 3.68.160(B). 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 motion. Department: Public Works Attachments: Attachment A - Vicinity Map 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 17-4133 SCHEDULE PUBLIC HEARING AND AUTHORIZE INTENT TO VACATE A PORTION OF SONORA AND HARRISON STREETS City of Stockton Page 11 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing staff to schedule a Public Hearing for January 23, 2018 for the proposed vacation of a portion of Sonora Street west of Lincoln Street and Harrison Street north of Church Street; 2. Authorizing City intent to vacate a portion of Sonora Street west of Lincoln Street and Harrison Street north of Church Street; 3. Authorizing the reservation of a public utility easement; 4. Authorizing the filing of Notice of Exemption No. CE028-17 under the California Environmental Quality Act(CEQA) for the abandonment of Sonora Street west of Lincoln Street and Harrison Street north of Church Street; and 5. Authorizing the City Manager, or his designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Attachment A - Vicinity Map - Abandonment Attachment B - Aerial Map - Abandonment Proposed Resolution - Vacate a Portion of Sonora and Harrison Streets Exhibit 1 - Legal Description Exhibit 2 - NOE 15. HEARINGS**** 15.1 17-4112 APPROVAL OF THE BICYCLE MASTER PLAN UPDATE AND RELATED GENERAL PLAN AMENDMENT Recommended Action: RECOMMENDATION It is recommended that the City Council accept the Planning Commission's recommendation and adopt a Resolution to approve the: 1. Mitigated Negative Declaration and Mitigation Monitoring Program; 2. City of Stockton Bicycle Master Plan Update; and 3. General Plan Amendment to Chapter 8, Transportation and Circulation Element; and 4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Community Development City of Stockton Page 12 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Bicycle Master Plan Attachment B - General Plan Amendment Redline Version Attachment C - Planning Commission Resolution Attachment D - Initial Study-Mitigated Negative Declaration Proposed Resolution - Bicycle Master Plan General Plan Amendment Exhibit 1 - General Plan Amendment Clean Version 15.2 17-4130 APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A USE PERMIT TO ESTABLISH A MEDICAL CANNABIS DISPENSARY IN AN EXISTING BUILDING IN THE CG (COMMERCIAL, GENERAL) ZONE AT 3706 EAST HAMMER LANE, SUITE 6 (P17-0262) Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a Resolution to deny the appeal and uphold the Planning Commission's approval of a Use Permit to allow the establishment of a proposed medical cannabis dispensary at 3706 East Hammer Lane, Suite 6, in accordance with the findings detailed herein. Department: Community Development Attachments: Attachment A - Appeal Letter Attachment B - Location Map and Aerial Photography Attachment C - Operation Overview Attachment D - Neighborhood Context Maps Attachment E - Map of Medical Cannabis Businesses Attachment F - Community Meeting Notice Attachment G - Neighborhood Letter Proposed Resolution - Medical Cannabis Dispensary Exhibit 1 - Site Plan and Floor Plan 15.3 17-4180 ADOPT AN AMENDMENT TO TITLE 16 OF THE STOCKTON MUNICIPAL CODE RELATED TO RETAIL STORES IN THE INDUSTRIAL, LIMITED ZONE (P17-0634) Recommended Action: RECOMMENDATION Adopt an amendment to Stockton Municipal Code Title 16, Chapter 16.16, Section 16.16.020.C.1, Industrial Zoning Districts and Chapter 16.20, Section 16.20.020, Table 2-2, "Allowable Land Uses and Permit Requirements" to allow Retail Stores in the IL zone, in accordance with the facts detailed herein. Department: Community Development Attachments: Attachment A - Proposed Ordinance - Redline Proposed Ordinance - Final City of Stockton Page 13 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 15.4 17-4119 CONDUCT PUBLIC HEARING FOR THE RENEWAL OF THE MIRACLE MILE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT Recommended Action: RECOMMENDATION It is recommended that the City Council conduct a Public Hearing to consider public comment and testimony regarding the approval and adoption for the renewal of the Miracle Mile Property and Business Improvement District. After the public hearing, if a majority protest does not exist, it is recommended that the City Council adopt a resolution to: 1. Overrule all public hearing protests; and 2. At the close of the public hearing, direct the City Clerk to tabulate all ballots received. If after tabulation of the ballots, the ballots in favor of the Miracle Mile Property and Business Improvement District renewal exceed the ballots in opposition to Miracle Mile Property and Business Improvement District renewal (weighted by the amount of the assessment), it is recommended that the City Council adopt a resolution to: 1. Approve the renewal of the Miracle Mile Property and Business Improvement District under the 1994 Act (Attachment A) and designated "Miracle Mile Improvement District No. 2012-01," with separate benefit zones designated "Zone 1," "Zone 2" and "Zone 3," the boundaries of which are shown in the Boundary Map (Exhibit 1 to the Resolution); 2. Approve the assessment formula and levying of the assessments; 3. Declare the assessment is lawfully authorized and direct the Clerk to cause the Boundary Map to be filed in the Office of the San Joaquin County Recorder and, concurrently therewith, to record a Notice of Assessment with respect to the properties in the Office of the County Recorder of the County of San Joaquin; and 4. Approve and adopt the final Management District Plan and Engineer's Report (Exhibit 2 to the Resolution). 5. Authorize the City Manager to execute an Agreement with the Miracle Mile Improvement District to operate and manage the Miracle Mile Property and Business Improvement District. 6. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development City of Stockton Page 14 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - 1994 PBID Act Proposed Resolution - MMID Renewal Exhibit 1 - Boundary Map Exhibit 2 - Management Plan Exhibit 3 - Agreement 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 17-4034 MEASURE A CITIZENS’ ADVISORY COMMITTEE ANNUAL REPORT FOR FISCAL YEAR 2015-16 Recommended Action: RECOMMENDATION This item is an informational item submitting the Measure A Citizens' Advisory Committee Report for Fiscal Year 2015-16. This staff report also provides additional information to augment the Annual Report presented by the Measure A Citizen's Advisory Committee Report. Department: Administrative Services Attachments: Attachment A - Measure A FY 2015-16 Annual Report Attachment B - Measure A FY 2015-16 Agreed upon Procedures Report 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 November 30, 2017, in compliance with the Brown Act. Bret Hunter, CMC Interim City Clerk By: ________________________________ Deputy City of Stockton Page 15 Printed on 11/30/2017 City Council/Successor Agency to Meeting Agenda - Final December 5, 2017 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 16 Printed on 11/30/2017