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, February 27, 2018 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 17-4220 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 3.2 17-4222 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) City of Stockton Page 1 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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) This Closed Session is authorized pursuant to Section 54956.9(a) of the Government Code. Department: City Attorney 3.3 17-4223 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code Section 54957. Department: City Attorney 3.4 17-4224 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 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 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 9. ADDITIONS TO REGULAR SESSION AGENDA** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 10.1 18-4401 CERTIFICATE OF RECOGNITION: BOY SCOUTS, GOLD COUNTRY DISTRICT Recommended Action: RECOMMENDATION Certificate of Recognition - "Scouting for Food" Initiative Department: Office of the Mayor 10.2 18-4402 PROCLAMATION: BLACK HISTORY MONTH Recommended Action: RECOMMENDATION Proclamation recognizing Black History Month in Stockton Department: Office of the Mayor 11. CONSENT AGENDA 11.1 17-4237 ACCEPT BY MOTION THE INDEPENDENT AUDIT OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2017 Recommended Action: RECOMMENDATION It is recommended the City Council accept by motion the independent audit of the Comprehensive Annual Financial Report for the year ended June 30, 2017. Department: Administrative Services Attachments: Attachment A - CAFR for year ended June 30 2017 11.2 17-4238 ACCEPT BY MOTION THE REPORT ON COMPLIANCE WITH THE PROPOSITION 111 APPROPRIATION LIMIT (GANN LIMIT), THE CORE REVENUES REPORT, THE MEASURE M STRONG COMMUNITIES TAX FUND AUDIT, AND THE MEASURE W PUBLIC SAFETY TAX FUND AUDIT FOR THE YEAR ENDED JUNE 30, 2017 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Report on Compliance with the Proposition 111 Appropriation Limit (Gann Limit), the Report of Agreed-Upon Procedures Applied to Core Revenues, the Measure M Strong Communities Tax Fund Audit, and the Measure W Public Safety Tax Fund Audit, for the year ended June 30, 2017. Department: Administrative Services City of Stockton Page 3 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - 2017 Proposition 111 Appripriation Limit - GANN Attachment B - 2017 Independent Accountants Report of AUP Core Revenues Attachment C - 2017 Measure M Strong Communities Tax Fund Audit Attachment D - 2017 Measure W Public Safety Tax Fund Audit 11.3 17-4239 ACCEPT BY MOTION THE INDEPENDENT ACCOUNTANT’S REPORT ON APPLYING AGREED-UPON PROCEDURES OF MEASURES A AND B REVENUES AND EXPENDITURES FOR YEAR ENDED JUNE 30, 2017 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Independent Accountant's Report on Applying Agreed-Upon Procedures of Measures A and B for the Year Ended June 30, 2017 (Attachment A). Department: Administrative Services Attachments: Attachment A - Measure A Independent Accountants Report 11.4 18-4321 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED DECEMBER 31, 2017 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended December 31, 2017. Department: Administrative Services Attachments: Attachment A - Quarterly Investment Report - December 31 2017 Attachment B - Certification of Quarterly Investment Report - 12-31-2017 11.5 18-4377 APPROVE RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE RENNE PUBLIC LAW GROUP, LLP Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Agreement for Legal Services with Renne Public Law Group, LLP. Department: City Attorney Attachments: Proposed Resolution - Renne Public Law Group LLP Exhibit 1 - Engagement of Legal Services - Renne Public Law Group LLP 11.6 18-4388 MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER City of Stockton Page 4 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution: 1. Appointing Councilmember Jes�s Andrade as the City's member of the San Joaquin Council of Governments Board. 2. Appointing Councilmember Susan Lofthus as the City's member of the City of Stockton and Stockton Unified School District 3x3 Joint Committee. 3. Approving the revised Council Committees and Committee Structure/Function Roster. Department: City Clerk Attachments: Attachment A - Mayoral Appointment - Redline Proposed Resolution - Mayoral Committee Assignment Exhibit 1 - Mayoral Committee Assignments 11.7 18-4330 APPOINTMENT TO THE STOCKTON PORT COMMISSION Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution reappointing Commissioner Sylvester Aguilar to a second term on the Stockton Port Commission, for a term commencing immediately and ending January 15, 2022. Department: City Clerk Attachments: Attachment A - Sylvester Aguilar - Redacted Application Proposed Resolution - Port Commission Appointment 11.8 18-4369 APPROVAL OF COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the Special City Council meetings of January 9, 2018, and February 6, 2018 and the City Council Meeting of January 23, 2018. Department: City Clerk Attachments: 2018-01-09 MInutes for Approval 2018-02-06 Minutes for Approval 2018-01-23 Minutes for Approval 11.9 17-4234 APPROVE A PROFESSIONAL SERVICES CONTRACT WITH MATRIX CONSULTING GROUP FOR DEVELOPMENT PERMIT SERVICES FEE STUDY City of Stockton Page 5 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion: 1. Authorizing the City Manager to execute a Professional Services Contract with Matrix Consulting Group (MCG) in the amount of $82,500 for Development Permit Services Fee Study; and 2. Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of the motion. Department: Community Development Attachments: Attachment A - Professional Services Contract 11.10 17-4254 ADOPT A RESOLUTION APPOINTING GARRETT DANIELLS, RANIA GEORGIES, JOSEPH MARGOLIES AND ANNE WILCOX TO THE STOCKTON ARTS COMMISSION, SETTING NEW COMMISSIONER TERMS TO CREATE STAGGERED VACANCIES AND REAFFIRMING THE PROCESS BY WHICH COMMISSIONERS ARE SELECTED Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Appoint Garrett Daniells, Rania Georgies, Joseph Margolies and Anne Wilcox to the Stockton Arts Commission for a three-year term to commence immediately upon approval and ending December 31, 2020; 2. Set new Commissioner terms to create staggered vacancies; 3. Reaffirm the process by which the Stockton Arts Commission assists the Mayor in his or her appointment of new commissioners by interviewing and recommending qualified applicants for approval by the City Council; and 4. Authorize the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution. Department: Community Services Attachments: Attachment A - Redacted Applications Proposed Resolution - SAC appointments 11.11 17-4010 APPROVE OPTION AGREEMENT WITH 1501 S. AIRPORT WAY LLC City of Stockton Page 6 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing an Option Agreement with 1501 S. Airport Way LLC for City-owned property at 1501 S. Airport Way and 1670 Union Street; and 2. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - 1501 S Airport - Vicinity Map Attachment B - 1501 S Airport - Aerial map Proposed Resolution - Option Agreement Exhibit 1 - Option Agreement 11.12 18-4294 SUMMARY VACATION AND ABANDONMENT OF A PORTION OF PUBLIC UTILITY EASEMENT BETWEEN METRO DRIVE AND IMPERIAL WAY Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Approving a summary abandonment of a portion of the public utility sewer easement between Metro Drive and Imperial Way; 2. Authorizing the filing of Notice of Exemption No. CE034-17 under the California Environmental Quality Act (CEQA) for a portion of the public utility sewer easement between Metro Drive and Imperial Way; and 3. 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 - Metro Dr Abandonment Attachment B - Aerial Map - Metro Dr Abandonment Attachment C - Easement Deed - Metro Drive Proposed Resolution - Public Utility Street Vacation Exhibit 1 - Legal Description Exhibit 2 - Plat Exhibit 3 - Street Abandonment NOE034-17 11.13 18-4286 AUTHORIZE THE CITY MANAGER TO APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH DR ASSOCIATES INTERNATIONAL FOR PRE-EMPLOYMENT BACKGROUND AND PERSONNEL INVESTIGATION SERVICES City of Stockton Page 7 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute a Professional Services Agreement with DR Associates International of Davis, CA, to provide pre-employment background and personnel investigation services for the City of Stockton Fire Department in the amount not to exceed $250,000 for a five-year term; 2. Approve findings that support an exception to the competitive bidding process; and 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Fire Attachments: Attachment A - DR Associates Professional Services Agreement 11.14 18-4323 CREATE A NEW REPRESENTED CLASSIFICATION OF SUPERVISING CRIME ANALYST TO OVERFILL A VACANT CRIME ANALYST ALLOCATION FOR THE STOCKTON POLICE DEPARTMENT AND APPROVE THE SALARY RANGE Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution creating a new represented classification of Supervising Crime Analyst and approve the proposed salary range. Department: Human Resources Attachments: Proposed Resolution - Supervising Crime Analyst 11.15 18-4310 AWARD A CONSTRUCTION CONTRACT WITH GOES AND NOCETI CONSTRUCTION, INC., DBA G & N CONSTRUCTION FOR THE ON-CALL UTILITIES REPAIR SERVICES PROJECT City of Stockton Page 8 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve the plans and specifications for the On-Call Utilities Repair Services Project, Project No. PUR 17-028. 2. Award a Construction Contract in the amount of $1,929,750 to Goes and Noceti Construction, Inc., dba G & N Construction of Stockton, California for the On-Call Utilities Repair Services Project, Project No. PUR 17-028. 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 - G & N Construction 11.16 18-4311 REJECT BID FOR MAINTENANCE SERVICES FOR STORMWATER UNDERGROUND TREATMENT DEVICES Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to reject one bid received for Maintenance Services for Stormwater Underground Treatment Devices (PUR17-016) pursuant to Stockton Municipal Code section 3.68.160(B). 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 - Stormwater Underground Treatment Bid 11.17 18-4298 APPROVE RESOLUTION ACCEPTING A SEXUAL ASSAULT LAW ENFORCEMENT SPECIALIZED UNIT PROGRAM GRANT AWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES AND AMEND THE FISCAL YEAR 2017-18 ANNUAL BUDGET City of Stockton Page 9 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the City Manager to accept a California Office of Emergency Services (Cal OES) grant award for the Sexual Assault Specialized Unit Program in the amount of $204,500; 2. Appropriate a 25-percent cash match in the amount of $68,167 for a total program cost of $272,667; 3. Amend the Fiscal Year (FY) 2017-18 Annual Budget to increase the Police Grants & Special Programs expenditure and revenue appropriation by $272,667; and 4. 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 project contract. Department: Police Attachments: Proposed Resolution - Cal OES SA Grant Exhibit 1 - Approved Application - Cal OES SA Grant 2017 11.18 17-4275 ADOPT FINDINGS APPROVING AN EXCEPTION TO THE COMPETITIVE BID PROCESS AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURCHASE OF MOTOROLA RADIO EQUIPMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Adopt findings approving an exception to the competitive bid process and authorize the use of the cooperative purchasing agreement with the Houston-Galveston Area Council for the purchase of Motorola radio equipment in an amount not to exceed $501,465. 2. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of the resolution. Department: Police Attachments: Attachment A - H-GAC Coop Agreement Attachment B - Motorola - Delta Wireless Attachment C - Motorola Quotes Proposed Resolution - Motorola Radio Purchase City of Stockton Page 10 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.19 17-4048 APPROVE RESOLUTION TO DESIGNATE ADDITIONAL STOP CONTROLLED INTERSECTIONS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution designating the following as intersections where vehicles are required to stop pursuant to Stockton Municipal Code (SMC) section 10.04.270: Admiral Drive/Bainbridge Place and Iris Avenue/Kiltie Way (2-way stop control), and Weber Avenue/Aurora Street and Weber Avenue/Grant Street (4-way stop control). 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 - Amend Stop Controlled Intersection - Admiral-Bainbridge Attachment B - Amend Stop Controlled Intersection - Iris-Kiltie Attachment C - Amend Stop Controlled Intersection - Weber/Aurora & Grant Proposed Resolution - Stop Controlled Intersection Schedule Exhibit 1 - Stop Controlled Intersection Schedule 11.20 17-4206 APPROVE MOTION TO AUTHORIZE THE RAISED MEDIANS ALONG PACIFIC AVENUE 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 ADKO Engineering, Inc. of Roseville, CA, in the amount of $79,045.38, for design services for the Raised Medians Along Pacific Avenue (Project No. PW1717/Federal Project No. HSIPL-5008(164)). 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 motion. Department: Public Works Attachments: Attachment A - Vicinity Map Attachment B - Professional Services Contract 11.21 17-4263 APPROVE RESOLUTION TO AUTHORIZE THE SIDEWALK REPAIR PROJECT, PHASE 2 City of Stockton Page 11 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 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. CE044-17 under the California Environmental Quality Act for the Sidewalk Repair Project, Phase 2, Project No. PW1531. 2. Approve the plans and specifications for the Sidewalk Repair Project, Phase 2, Project No. PW1531. 3. Award a Construction Contract in the amount of $774,554 to FBD Vanguard Construction, Inc. of Livermore, CA, for the Sidewalk Repair Project, Phase 2, Project No. PW1531. 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 - List of Locations Proposed Resolution - Sidewalk Repair - Phase 2 - Project PW1531 Exhibit 1 - Notice of Exemption Exhibit 2 - Contract with FBD Vanguard 11.22 17-4268 APPROVE MOTION TO AWARD A SERVICE CONTRACT TO ST. FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL DETECTOR LOOP INSTALLATION AND REPLACEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Award a one-year Service Contract not to exceed the amount of $90,000 to St. Francis Electric, Inc. of San Leandro, CA, for On-Call Traffic Signal Detector Loop Installation and Replacement, Project No. OM-18-024. 2. Authorize the City Manager to execute up to four one-year extensions to this Service Contract, at an annual cost not to exceed $90,000, for a cumulative contract total not to exceed the amount of $450,000. 3. 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 motion. Department: Public Works Attachments: Attachment A - Service Contract with St. Francis Electric City of Stockton Page 12 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 18-4280 ACCEPT FISCAL YEAR 2017-18 FIRST QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a Resolution to: 1. Accept the budget status report on the financial results for the first quarter of Fiscal Year 2017-18. 2. Authorize budget appropriations to complete the purchase of the Waterfront Office Towers property and accompanying building operations as listed below: a. Appropriate $1.0 million from Office Space Public Facility Fee fund balance for the purchase of the Waterfront Office Towers, b. Authorize transfer of the remaining balance in the Waterfront Office Tower purchase project after completion of the purchase, to the Waterfront Tower Tenant Improvement project for building improvements and moving costs, c. Establish a revenue estimate of $540,000 for the remaining six months of the year from building lease revenue, and d. Appropriate $150,000 for building operating costs in the Non-Departmental budget. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the Resolution. Department: Administrative Services Attachments: Attachment A - 2017-18 First Quarter Budget Update Proposed Resolution - 2017-18 First Quarter Budget Update 15. HEARINGS**** 15.1 17-4269 APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A USE PERMIT AND DESIGN REVIEW TO ESTABLISH A MEDICAL CANNABIS CULTIVATION FACILITY IN AN INDUSTRIAL GENERAL (IG) ZONE LOCATED AT 7979 SOUTH AIRPORT WAY City of Stockton Page 13 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Staff recommends that the City Council deny the appeal and uphold the Planning Commission's approval of: 1. A Use Permit to allow the establishment of a proposed medical cannabis cultivation facility in an Industrial General zoned parcel located at 7979 S. Airport Way, in accordance with the findings detailed herein; and 2. Design review approval in accordance with the recommendation of the Design Review Committee for the proposed elevations, which are in substantial compliance with the City of Stockton Design Guidelines for Industrial and warehouse uses. Department: Community Development Attachments: Attachment A - Appeal Application Attachment B - Zoning Map Attachment C - Neighborhood Context Map and Site PLan Attachment D - Cultivation Map & Cannabis Businesses Attachment E - Operation Summary Attachment F - Public Meeting Notice Attachment G - Opposition Letter Proposed Resolution - Denial of Cannabis Appeal Exhibit 1 - Architectural Design Review 15.2 18-4295 APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A USE PERMIT TO ESTABLISH A MEDICAL CANNABIS DISPENSARY IN AN EXISTING BUILDING AT 3706 EAST HAMMER LANE, SUITE 6 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 (P17-0262), in accordance with the findings detailed herein. Department: Community Development City of Stockton Page 14 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 16. PUBLIC COMMENTS – MATTERS NOT ON THE AGENDA 17. COUNCIL COMMENTS 18. ADJOURNMENT INFORMATIONAL ITEMS 1 18-4324 UPDATE ON THE CITY OF STOCKTON’S COMMUNITY WORKFORCE TRAINING AGREEMENT Recommended Action: RECOMMENDATION This report is provided for informational purposes only and does not require City Council action. Per Council direction, a status update on the Community Workforce Training Agreement is being provided 18 months after implementation. Department: Administrative Services 2 17-4207 COUNCIL COMMITTEE / BOARDS & COMMISSION MINUTES Recommended Action: RECOMMENDATION Information only. No action required. Department: City Clerk Attachments: 2017-06-19 - Audit Committee Minutes 2017-08-14 - Audit Committee Minutes 2017-10-18 - Audit Committee Minutes 2017-07-13 - Development Oversight Commission Minutes 2017-10-05 - Development Oversight Commission Minutes City of Stockton Page 15 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 Febuary 21, 2018, in compliance with the Brown Act. Bret Hunter, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 16 Printed on 2/21/2018 City Council/Successor Agency to Meeting Agenda - Final February 27, 2018 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 17 Printed on 2/21/2018