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 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, December 1, 2020 4:00 PM Council Chamber, City Hall, 425 N. El Dorado Street, Stockton CA Closed Session 4:00 PM :: Regular Session 5:30 PM During this time of local health concerns, City Hall has limited socially-distanced seating available to the public. Due to these concerns, you are strongly encouraged to watch the meeting online and you can submit your public comments electronically. 1. You can view the live meeting at http://www.stocktongov.com/government/oMeetings/ councilMeetings.html or cable tv Channel 97. 2. eComment - click https://stockton.granicusideas.com/meetings to submit an eComment(s). Only one comment per agenda item, per person will be read into the record. 3. Email – City.Clerk@stocktonca.gov if you prefer to email your comments in. Only one comment per agenda item, per person will be read into the record. 4. Public comment voicemail - (209) 937-8459 if you wish to leave your public comment in the form of a voicemail, it will be transcribed and emailed to the City Clerk. Only one comment per agenda item, per person will be read into the record. 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 20-7424 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UWM-2019-12404) City of Stockton Page 1 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Name of Case: Municipal Utilities Ralph Handel (Workers’ Compensation Board Case Nos. ADJ12627703, ADJ12627700, ADJ12627699, and ADJ12627698) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code. Department: City Attorney 3.2 20-7489 CONFERENCE WITH LABOR NEGOTIATOR Recommended Action: Agency Designated Representative: City Manager Harry Black 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 20-7491 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 20-7493 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Recommended Action: 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 City of Stockton Page 2 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 8. REPORT OF ACTION TAKEN IN CLOSED SESSION 9. ADDITIONS TO REGULAR SESSION AGENDA*** 10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS 11. CONSENT AGENDA 11.1 20-7303 APPROVE A MOTION ACCEPTING THE 2020 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA Recommended Action: RECOMMENDATION Staff recommends that City Council approve a motion accepting the 2020 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area. Department: Community Development Attachments: Attachment A - RD 2042 Map Attachment B - SB 5 Overview Attachment C - 200 Year Floodplain Map Attachment D - 2020 Annual Progress Report 11.2 20-7375 ADOPT A MOTION APPROVING AN AMENDMENT TO THE 2019 PROFESSIONAL SERVICES AGREEMENT WITH SGA: S. GRONER ASSOCIATES, INC. FOR MARKETING PROGRAM DEVELOPMENT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a motion to: 1. Authorize an Amendment to the 2019 Professional Services Agreement with SGA: S. Groner Associates, Inc.; of Long Beach, CA, in the amount of $6,435 for marketing and branding activities for a total amount not to exceed $78,935. 2. Approve findings pursuant to the Stockton Municipal Code Section 2.68.070 in support of an exception to the competitive bidding process; and 3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion. Department: Community Services Attachments: Attachment A - Contract 2019-05-29-S006 NP Attachment B - SGA Amendment FINAL SGA101720 City of Stockton Page 3 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 11.3 20-6344 RECOMMENDATIONS OF THE CITY COUNCIL SALARY SETTING COMMISSION TO ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.08 OF THE STOCKTON MUNICIPAL CODE TO SET THE ANNUAL SALARY FOR THE MAYOR TO $90,480 ($7,540 / MONTHLY) AND MAINTAIN THE EXISTING BENEFITS FOR THE ENTIRE TERM COMMENCING JANUARY 1, 2021 AND TO SET THE ANNUAL SALARIES FOR THE STOCKTON CITY COUNCIL TO $29,363.40 ($2,446.95 / MONTHLY), WITH NO BENEFITS, FOR A TWO-YEAR PERIOD COMMENCING JANUARY 1, 2021 IN ACCORDANCE WITH ARTICLE IV, SECTION 410 OF THE CITY CHARTER Recommended Action: RECOMMENDATION It is recommended that the City Council approve the recommendations of the City Council Salary Setting Commission and adopt an ordinance setting the Mayor's annual salary at $90,480.00 ($7,540.00 / Monthly) and maintain the existing benefits, for the entire term effective January 1, 2021 and to set the City Council's annual salary at $29,363.40 ($2,446.95 / Monthly), with no benefits, for a two-year period effective January 1, 2021. Department: Human Resources Attachments: Attachment A - Salary Setting Commission Recommendation Attachment B - Proposed Ord City Council Salary Redline Attachment C - Proposed Ord Mayor Salary Benefits Redline Proposed Ordinance - Mayor Salary and Benefits Proposed Ordinance - City Council Salary 11.4 20-7376 APPROVE MOTION TO EXECUTE AMENDMENT NO. 15 TO THE CENTRALSQUARE TECHNOLOGIES AGREEMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Authorize the City Manager to execute Amendment No. 15 to the CentralSquare Technologies agreement, as a successor to Tiburon and TriTech Software Systems, to add an interface to the Police Records Management System for accident report writing software, at a not-to-exceed cost of $33,660. 2. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion. Department: Police Attachments: Attachment A - CentralSquare Tech - Amendment 15 City of Stockton Page 4 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12. ADMINISTRATIVE MATTERS 13. UNFINISHED BUSINESS 14. NEW BUSINESS 14.1 20-7442 UPDATE REGARDING THE EMERGENCY OPERATIONS CENTER (EOC) Recommended Action: RECOMMENDATION No action to be taken. Department: Fire 15. HEARINGS** 15.1 20-7353 RESOLUTION AUTHORIZING THE CITY TO HOLD A PUBLIC HEARING ON THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM HOUSING PLAN, ACCEPT AND APPROPRIATE PLHA FUNDS FROM THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PURSUANT TO SENATE BILL 2 (SB2) Recommended Action: RECOMMENDATION It is recommended that the City Council adopt the revised Permanent Local Housing Allocation resolution to: 1. Authorize the City Manager, or designee, to accept and appropriate Permanent Local Housing Allocation grant funds in the amount up to $10,268,580 over the next five (5) years applied for from the California Department of Housing and Community Development; 2. Hold a Public Hearing on the City's identified Permanent Local Housing Allocation priority project housing plan for community input; 3. Approve the Permanent Local Housing Allocation Plan of implementation of eligible housing activities as identified in Exhibit 1 to the resolution; 4. Authorize the City Manager, or designee, to administer the City's entitlement of Permanent Local Housing Allocation funds, to enter into all required agreements to receive the Permanent Local Housing Allocation funds, and amend the City's budget accordingly; and 5. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the resolution and motion's purpose and intent. City of Stockton Page 5 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Economic Development Attachments: Proposed Resolution - PLHA Exhibit 1 - PLHA Housing Plan 15.2 20-7309 APPROVE A FINDING REGARDING ENVIRONMENTAL REVIEW AND ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH THE STOCKTON 2040 GENERAL PLAN AND CHANGES TO STATE LAW Recommended Action: RECOMMENDATION Staff recommends the City Council: 1. Approve by motion, a finding that further environmental review is not required for the proposed amendments to Title 16 (Development Code) per the California Environmental Quality Act (CEQA) pursuant to 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) and per Stockton Municipal Code Section 16.116.050; and 2. Adopt an Ordinance amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Chapters 16.12 (Land Use Permit Requirements), 16.20 (Allowable Land Uses and Permit Requirements), 16.24 (Zoning District Development Standards), 16.36 (General Development and Use Standards), 16.40 (Affordable Housing Incentives/Density Bonus Provisions), 16.48 (Fences, Hedges, and Walls), 16.60 (Noise Standards), 16.64 (Off-Street Parking and Loading Standards), 16.72 (Public Improvements), 16.76 (Sign Standards), 16.80 (Standards for Specific Uses), 16.116 (Amendments (General Plan, Development Code, and Zoning Map)), 16.120 (Design Review), 16.130 (Heritage Tree Permit), 16.152 (Site Plan Review), 16.188 (Tentative Map and Tentative Parcel Map Filing and Processing), 16.196 (Condominiums and Conversions), and 16.240 (Definitions/Glossary). Department: Community Development Attachments: Attachment A - Existing Code Attachment B - Proposed Ordinance Redline Attachment C - PC Approved Resolution Proposed Ordinance - Clean Version 15.3 20-7136 APPEAL OF THE PLANNING COMMISSION’S DENIAL OF A COMMISSION USE PERMIT TO ESTABLISH A RETAIL STOREFRONT CANNABIS BUSINESS, ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, AND A WAIVER OF CANNABIS BUSINESS LOCATION REQUIREMENTS -AT 3008 E. HAMMER LANE, SUITE 108 (APPLICATION NO. P20-0038) City of Stockton Page 6 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION Staff recommends that the City Council adopt a resolution to: 1. Reverse the Planning Commission's denial of a Commission Use Permit to allow the establishment of a proposed retail storefront cannabis business, in accordance with the findings and subject to the conditions herein; 2. Reverse the Planning Commission's denial of an Administrative Use Permit to allow a retail non-storefront (delivery only) cannabis business, in accordance with the findings and subject to the conditions herein; and 3. Approve a Waiver to reduce the location requirement to separate commercial cannabis businesses from at least 300 feet to approximately 250 feet of a residential zone. Department: Community Development Attachments: Attachment A - Appeal Request Attachment B - Location Map Attachment C - Proposed Site Plan Attachment D - Neighborhood Context Map Attachment E - Existing Retail Storefront Businesses Attachment F - Existing Non-storefront Retail Businesses Attachment G - Resolution 2020-09-24-0301 Attachment H - Community Meeting Notice Proposed Resolution - CC CUP Approval Exhibit 1 - Proposed Site Plan 16. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 20-7483 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk City of Stockton Page 7 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Audit Committee 2020-05-11 Audit Committee 2020-06-15 Civil Service Commission 2020-04-16 Civil Service Commission 2020-05-21 Civil Service Commission 2020-06-18 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 24, 2020, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 8 Printed on 11/24/2020 City Council/Successor Agency to Meeting Agenda - Final December 1, 2020 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. **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. ***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. 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 11/24/2020