City Council and Concurrent Authorities
Regular MeetingStockton, CA · September 27, 2022
Agenda
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
Kevin J. Lincoln II (At Large) Mayor/Chair
Christina Fugazi (District 5) Vice Mayor/Vice Chair
Sol Jobrack (District 1)
Daniel R. Wright (District 2)
Paul Canepa (District 3)
Susan Lenz (District 4)
Kimberly Warmsley (District 6)
Tuesday, September 27, 2022 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 22-0840 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Police Officer David LaBarr, (Workers’
Compensation Appeals Board Case No. ADJ
unassigned)
Name of Case: Fire Captain Kevin Walsh, (Workers’
Compensation Appeals Board Case No. ADJ
13581872)
Name of Case: James Weaver, Jr., et al. v. City of Stockton, et al.
(Eastern District of California, Case No.
2:20:CV-00990-JAM-JDP)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San
Joaquin County Superior Court Case No.
STK-CV-UVM-2019-12404)
City of Stockton Page 1 Printed on 9/21/2022
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This Closed Session is authorized pursuant to section 54956.9(d)
(1) of the Government Code.
Department: City Attorney
3.2 22-0841 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 22-0842 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.4 22-0843 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.5 22-0844 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.6 22-0845 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to
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litigation pursuant to Government Code section 54956.9(d)(2).
Department: City Attorney
4. CLOSED SESSION 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 22-0909 PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK -
SEPTEMBER 18-24, 2022
Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 22-0860 ACCEPT THE SINGLE AUDIT AND INDEPENDENT AUDITORS’
REPORTS AND THE REPORT ON INTERNAL CONTROLS FOR THE
YEAR ENDED JUNE 30, 2021
Recommended Action: RECOMMENDATION
It is recommended that the City Council accept by motion the Single Audit
and Independent Auditors' Reports and the Report on Internal Control
Related Matters Identified in the Audit for the year ended June 30, 2021.
Department: Administrative Services
Attachments: Attachment A - 2021_Stockton_Single Audit_FINAL
12.2 22-0752 APPROVE AN ORDINANCE ADDING TITLE 8, CHAPTER 8.100, TO
THE STOCKTON MUNICIPAL CODE RELATING TO PROTECTION
OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approves an ordinance adding Title
8, Chapter 8.100, to the Stockton Municipal Code relating to protection of
critical infrastructure and wildfire risk areas.
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Department: City Manager
Attachments: Proposed Ordinance - Protection of Critical Infrastructure
12.3 22-0684 RESOLUTION TO ADOPT THE SUMMARY VACATION OF A
PORTION OF RIGHT- OF- WAY AT “E” STREET
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Approving the summary vacation of a portion of the public right-of-way at
"E" Street.
2) Authorizing the reservation of a public utility easement.
3) Authorizing the filing of a Notice of Exemption No. 25-22 under the
California Environmental Quality Act for the vacation of a portion of public
right-of-way at "E" Street; and
4) Authorizing the City Manager, or 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 - E Street abandonment
Attachment B - Aerial map - E Street abandonment
Proposed Resolution - E Street abandonment
Exhibit 1 - Legal Description - E Street Abandonment
Exhibit 2 - Plat - E Street abandonment
Exhibit 3 - NOE25-22 - E Street abandonment
12.4 22-0921 ADOPT A RESOLUTION AMENDING THE 2022 AFFORDABLE
HOUSING LOAN PROGRAM ALLOCATION
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Amending Resolution 2022-07-26-1505 2022 Affordable Housing Loan
Program Allocation removing the ten percent cap of City funding available
for pre-development expenditures that affected the following four projects:
a. $600,000 to Visionary Home Builders for the 72-unit Casa de Mariposa
project;
b. $2,227,632 to Delta Community Developers Corp. (Housing Authority of
the County of San Joaquin) for the 51-unit Park Center Apartments project;
c. $2,242,609 to Service First of Northern California for the 105-unit
Fontana Towers project; and
d. $816,821 to the Central Valley Low Income Housing Corp. and
Stocktonians Taking Action to Neutralize Drugs (STAND) for the 30-unit
Shared Housing Infill Project for the Homeless.
2. Authorize the City Manager, or designee, to take actions that are
necessary and appropriate to carry out the purpose and intent of this
resolution, including the execution of loan documents and the reallocation
of funding sources.
Department: Economic Development
Attachments: Attachment A - Approved Resolution 2022-07-26-1505
Proposed Resolution - Amended 2022 Housing Allocations
Exhibit 1 - Funding Recommendations
12.5 22-0802 APPROVE CONTRACT WITH SCOTTS PPE RECON FOR ON-CALL
CLEANING, INSPECTION, AND REPAIR SERVICES FOR FIRE
DEPARTMENT PERSONAL PROTECTIVE EQUIPMENT AND
EXTRACTORS.
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve a three (3) year contract with Scotts PPE Recon for on-call
cleaning, inspection, and repair services for fire department personal
protective equipment and extractors.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070
in support of an exception to the competitive bidding process.
3. Authorize the City Manager to execute a contract in the amount of
$148,500 with Scotts PPE Recon for on-call cleaning, inspection, and
repair services for fire department personal protective equipment and
extractors.
4. Authorize the City Manager the option to execute two (2) additional
one-year contract extensions with an annual not-to-exceed of $49,500
each.
5. 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 - Agreement - Scotts PPE Recon
12.6 22-0803 ADOPT A RESOLUTION ACKNOWLEDGING THE FIRE
DEPARTMENT’S 2021 ANNUAL INSPECTION STATISTICS FROM
EDUCATIONAL GROUP E AND RESIDENTIAL GROUP R
OCCUPANCIES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to acknowledge
the Fire Department's 2021 annual inspection statistics from Educational
Group E and Residential Group R Occupancies per State of California
Health and Safety Code Section 13146.4.
Department: Fire
Attachments: Attachment A - 13146.2, 13146.3, & 13146.4
Proposed Resolution - Annual Inspections 2021
Exhibit 1 - 2021 Inspections
12.7 22-0906 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
STOCKTON AND THE STOCKTON POLICE OFFICERS’
ASSOCIATION AND AMENDMENT TO THE PREVIOUSLY
APPROVED MEMORANDA OF UNDERSTANDING BETWEEN THE
CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT
ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT,
AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT
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UNIT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the approval of the Stockton Police Officers' Association
(SPOA) Memorandum of Understanding (MOU) effective July 1, 2022
through June 30, 2025.
2. Authorizing approval to amend changes to the approved Memoranda of
Understanding between the City of Stockton and the Stockton Police
Management Association (SPMA), Stockton Firefighters' Local 456 Fire
Unit, and Stockton Firefighters' Local 456 Fire Management Unit. The
changes consist of increasing the market adjustments effective July 1,
2023, and July 1, 2024, by 1% each year for members in these bargaining
units.
3. Authorizing the City Manager and the Employee Relations Officer to
take all appropriate and necessary actions to carry out the purpose and
intent of the resolution, including implementation and funding of the
successor SPOA MOU and amendments to the SPMA, Fire, and Fire
Management Unit MOUs.
Department: Human Resources
Attachments: Attachment A - SPOA MOU - Redline
Attachment B - SPMA MOU - Redline
Attachment C - Fire Unit MOU - Redline
Attachment D - Fire Management MOU - Redline
Proposed Resolution
Exhibit 1 - SPOA MOU
Exhibit 2 - SPMA MOU
Exhibit 3 - Fire Unit MOU
Exhibit 4 - Fire Management MOU
Exhibit 5 - Budget Amendment
12.8 22-0785 AWARD A CONSTRUCTION CONTRACT TO TNT INDUSTRIAL
CONTRACTORS, INC. FOR THE REGIONAL WASTEWATER
CONTROL FACILITY BIOSCRUBBER REPAIRS
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the filing of Notice of Exemption No. NOE11-22 under the
California Environmental Quality Act (CEQA) for the Regional Wastewater
Control Facility (RWCF) Bioscrubber Repairs, Project No. UW21011
(Exhibit 1 to the Resolution).
2. Approve the project Plans and Specifications for the RWCF Bioscrubber
Repairs, Project No. UW21011 (Exhibit 2 to the Resolution).
3. Award a $623,135 Construction Contract to TNT Industrial Contractors,
Inc. of Sacramento, CA, for the RWCF Bioscrubber Repairs, Project No.
UW21011 (Exhibit 3 to the Resolution).
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
Exhibit 1 - Notice of Exemption
Exhibit 2 - Plans & Specifications
Exhibit 3 - Construction Contract
12.9 22-0789
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the filing of Notice of Exemption No. NOE13-22 under the
California Environmental Quality Act (CEQA) for the RWCF Digester Gas
Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 1
to the Resolution).
2. Approve the project plans and specifications for the RWCF Digester Gas
Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 3
to the Resolution).
3. Award a $144,665.00 Construction Contract to Power Engineering
Construction Co. of Alameda, CA for the RWCF Digester Gas Pipeline
Expansion Joints Replacement, Project No. UW21013 (Exhibit 2 to the
Resolution).
4. Transfer funds in the amount of $98,000 from existing capital projects
UW21012 ($53,000) and UW20014 ($45,000) to the RWCF Digester Gas
Pipeline Expansion Joints Replacement (Project No. UW21013),
It is further recommended that the City Manager be authorized to take all
necessary and appropriate actions to carry out the purpose and intent of
this resolution.
Department: Municipal Utilities
Attachments: Proposed Resolution
Exhibit 1 - NOE
Exhibit 2 - Contract
Exhibit 3 - Plans
12.10 22-0888 ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF
MEMBRANE FILTERS FROM FILMTEC CORPORATION FOR THE
DELTA WATER TREATMENT PLANT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070
for an exception to the competitive bidding process.
2. Authorize a purchase agreement with FilmTec Corporation for
membrane filters in the amount of $456,219.26.
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
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Attachments: Proposed Resolution
Exhibit 1 - Quote
12.11 22-0819 APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE
INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF
TRAFFIC SAFETY IN THE AMOUNT OF $493,723
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Authorize the City Manager, or designee, to accept a Driving Under the
Influence Selective Traffic Enforcement Program grant award from the State
of California Office of Traffic Safety in the amount of $493,723;
2. Authorize the City Manager, or designee, to execute Grant Agreement
PT23181 and all related documents to carry out the purpose and intent of
the grant award;
3. Amend the Fiscal Year 2022-23 Annual Budget to increase the Police
Grants & Special Programs revenue and expenditure appropriation by
$493,723; and
4. Authorize the City Manager, or designee, to take appropriate and
necessary actions to carry out the purpose and intent of this resolution.
Department: Police
Attachments: Proposed Resolution - Grant Agreement PT23181
Exhibit 1 - Grant Agreement PT23181
12.12 22-0820 APPROVE RESOLUTION ACCEPTING GRANT FUNDING FOR THE
BYRNE DISCRETIONARY COMMUNITY PROJECT FUNDING
GRANT IN THE AMOUNT OF $1,000,000 FOR THE SAFER STREETS
AND SAFER COMMUNITIES PROGRAM
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager, or designee, to accept a Byrne
Discretionary Community Project Funding Grant award allocation from the
United States Department of Justice, Office of Justice Programs, and
Bureau of Justice Assistance in the amount of $1,000,000; and
2. Authorize the City Manager, or designee, to execute all grant award
documents as required by the Bureau of Justice Assistance and accept
applicable terms and conditions; and
3. Amend the Fiscal Year 2022-23 Annual Budget to increase the Police
Grants & Special Programs revenue and expenditure appropriation by
$1,000,000; and
4. Authorize the City Manager, or designee, to take appropriate and
necessary actions to carry out the purpose and intent of this resolution.
Department: Police
Attachments: Proposed Resolution - BDC
Exhibit 1 - BDC
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 22-0766 APPROVE MOTION TO AUTHORIZE AN AGREEMENT WITH
COMMUNITY PARTNERSHIP FOR FAMILIES OF SAN JOAQUIN
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion authorizing the
City Manager to:
1. Execute an agreement with the Community Partnership for Families of
San Joaquin in the amount of $450,000 to provide Community Programs
and Services for residents of Stockton.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070
to justify and support 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: City Manager
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Attachments: Attachment A - CPFSJ 2022 Contract
15.2 22-0737 APPROVE A RESOLUTION TO AUTHORIZE EXECUTION OF A
MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF
STOCKTON AND SAN JOAQUIN COUNCIL OF GOVERNMENTS
FOR THE SUSTAINABLE TRANSPORTATION EQUITY PROJECT
(STEP)
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution authorizing
the City Manager to execute a memorandum of understanding (MOU)
between the City of Stockton and the San Joaquin Council of Governments
for the Sustainable Transportation Equity Project (STEP).
It is also recommended that the resolution authorize the City Manager to
take appropriate and necessary actions to carry out the purpose and intent
of this resolution.
Department: City Manager
Attachments: Proposed Resolution
15.3 22-0889 DISCUSSION OF PLANNING COMMISSIONER MEMBERSHIP
Recommended Action: RECOMMENDATION
It is recommended that City Council discuss and provide guidance on
membership eligibility for Planning Commissioners currently serving.
Department: City Clerk
16. HEARINGS**
16.1 22-0787
PUBLIC HEARING TO ADOPT A RESOLUTION ACCEPTING THE
2022 REPORT ON WATER QUALITY PUBLIC HEALTH GOALS
Recommended Action: RECOMMENDATION
It is recommended that the City Council conduct a Public Hearing to
accept and respond to public comment on the 2022 Report on Water
Quality Public Health Goals. At the conclusion of the Public Hearing, it is
recommended that the City Council adopt a resolution to accept the 2022
Report on Water Quality Public Health Goals (Exhibit 1 to the Resolution).
If is also recommended that the City Manager be authorized to take the
necessary and appropriate actions to carry out the purpose and intent of
this resolution.
Department: Municipal Utilities
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Attachments: Proposed Resolution
Exhibit 1 - Report of Water Quality
PPT - 16.1 - 2022 Public Health Goals
16.2 22-0547 APPEAL OF THE PLANNING COMMISSION DENIAL OF A
COMMISSION USE PERMIT AND DESIGN REVIEW TO ESTABLISH
A RETAIL STOREFRONT CANNABIS BUSINESS AND AN
ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL
NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, IN
AN EXISTING 4,375 SQUARE FOOT COMMERCIAL BUILDING AT
2521 WEST LANE (APPLICATION NO. P21-0602)
Recommended Action: RECOMMENDATION
It is recommended that 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 retailer storefront cannabis
business, in accordance with the findings and subject to conditions in the
proposed Resolution; and
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 conditions in the proposed
Resolution; and
3. Reverse the Planning Commission's denial of Design Review for
architectural modifications to an existing building, in accordance with the
findings and subject to conditions in the proposed Resolution.
Department: Community Development
Attachments: Attachment A - Location Map, General Plan and Zoning Designation
Attachment B - Communication from Aspire Schools
Attachment C - Existing Commercial Cannabis Business Locations
Attachment D - Project Plans
Attachment E - Applicant Appeal
Proposed Resolution - Recommending Approval
Exhibit 1
PPT - 16.2 - 2521 West Lane
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
City of Stockton Page 13 Printed on 9/21/2022
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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 September 21, 2022 in
compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
City of Stockton Page 14 Printed on 9/21/2022
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*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 a person with a disability 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) 937-8458, 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 15 Printed on 9/21/2022
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