City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Meeting Agenda - - Revised Authority/Parking Authority Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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, October 18, 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 22-0948 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Four Name of Case: Police Officer Jimmy Inn, (Workers’ Compensation Appeals Board Case No. ADJ unassigned) Name of Case: Police Officer Jay Scoffield, (Workers’ Compensation Appeals Board Case No. ADJ9381878) Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404) Name of Case: Ralph Lee White v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UOCT-2018-4379) This Closed Session is authorized pursuant to section 54956.9(d) City of Stockton Page 1 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent (1) of the Government Code. Department: City Attorney 3.2 22-0949 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 22-0950 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-0951 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-0952 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 22-0953 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(d)(2). City of Stockton Page 2 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 22-1004 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of September 13, 2022 Department: City Clerk Attachments: Attachment A - 2022-09-13 Minutes 12.2 22-0988 ORDINANCE AMENDING TITLE 5, CHAPTER 5.90, SECTIONS 5.90.060, 5.90.070, 5.90.150, 5.90.160, AND 5.90.250, AND TITLE 10, CHAPTER 10.12, SECTION 10.12.220 OF THE STOCKTON MUNICIPAL CODE RELATING TO THE REGULATION OF PEDICABS Recommended Action: RECOMMENDATION It is recommended that the City Council approves an ordinance amending Title 5, Chapter 5.9, Sections 5.90.060, 5.90.070, 5.90.150, 5.90.160, and 5.90.250, and Title 10, Chapter 10.12, Section 10.12.220 of the Stockton Municipal Code relating to the regulation of pedicabs. Department: City Manager Attachments: Attachment A - Pedicab Ordinance Update (Redline) Proposed Ordinance - Pedicab Ordinance Update 12.3 22-0989 APPROVE AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.72 OF THE STOCKTON MUNICIPAL CODE, RELATING TO MOTORIZED City of Stockton Page 3 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent FOOD WAGONS Recommended Action: RECOMMENDATION It is recommended that the City Council approves an ordinance amending Title 5, Chapter 5.72 of the Stockton Municipal Code relating to Motorized Food Trucks. Department: City Manager Attachments: Attachment A - Proposed Ordinance - Redline Proposed Ordinance – Motorized Food Wagons 12.4 22-0581 ADOPT A RESOLUTION TO AUTHORIZE ACCEPTANCE OF $1 MILLION U.S. SMALL BUSINESS ADMINISTRATION 2022 CONGRESSIONAL COMMUNITY PROJECTS GRANT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the City Manager, or designee, to accept and appropriate grant funds for the U.S. Small Business Administration 2022 Congressional Community Projects grant for the Resurgent Stockton Project in the amount of $1,000,000 and execute all related documents; 2. Authorize the City Manager, after a Request for Proposals process, to expend Resurgent Stockton Project funds in an amount greater than the Stockton Municipal Code section 3.68.060 expenditure limit; and 3. Authorize the City Manager, or designee, to take all actions necessary and appropriate to carry out the intent of the resolution. Department: Economic Development Attachments: Attachment A - Resurgent Stoctkon Notice of Award Proposed Resolution - Resurgent Stockton 12.5 22-0900 REJECT BIDS FOR THE 2020-21 SANITARY SEWER MAINTENANCE HOLE REHABILITATION PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to reject all bids received for the 2020-21 Sanitary Sewer Maintenance Hole Rehabilitation, Project No. UW20011, 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 City of Stockton Page 4 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 22-0754 APPROVE BY MOTION TO ENTER INTO A CONTRACT WITH JP MARKETING TO DEVELOP AND EXECUTE A MARKETING CAMPAIGN AND BRAND STRATEGY FOR THE CITY OF STOCKTON Recommended Action: RECOMMENDATION It is recommended that the City Council approve a motion to: 1. Approve and authorize the City Manager, or designee, to execute a contract with the JP Marketing in an amount up to $375,000 for the purpose of executing a marketing campaign and develop a brand strategy; 2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and 3. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Economic Development Attachments: Attachment A - Scope of Work PPT - 15.1 - Marketing and Brand Strategy 15.2 22-0937 ADOPT THE 2022 WASTEWATER MASTER PLAN UPDATE FOR THE MUNICIPAL UTILITIES DEPARTMENT Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to adopt the 2022 Wastewater Master Plan Update prepared in concurrence with the Envision Stockton 2040 General Plan Update. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - Final WWMPU Exhibit 2 - Appendices PPT - 15.2 - Wastewater Master Plan 15.3 22-0827 ADOPT RESOLUTION CERTIFYING THE SUPPLEMENT TO THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS OF FACT, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM AND AUTHORIZING THE CITY MANAGER City of Stockton Page 5 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent TO EXECUTE A LEASE AGREEMENT WITH THE CALIFORNIA STATE LANDS COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Certify that the Supplement to the Regional Wastewater Control Facility Modifications Project Environmental Impact Report for the Outfall Relocation Project (Supplemental EIR) has been completed in compliance with the California Environmental Quality Act and finds the Supplemental EIR adequately addresses the environmental issues of the Outfall Relocation Project component of the Regional Wastewater Control Facility Modifications Project, and 2. Approve the Supplemental EIR, including that it identifies no significant and unavoidable impacts, adopt the Findings of Fact, and adopt the Mitigation Monitoring and Reporting Program, and 3. Adopt findings that the Supplemental EIR reflects the independent judgment of the City Council, as lead agency. 4. Authorize the City Manager to execute a lease agreement with the California State Lands Commission for the placement of outfall components within the San Joaquin River. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the intent of the resolution. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - Draft SEIR Exhibit 2 - Final SEIR Exhibit 3 - SEIR Findings of Fact Exhibit 4 - SEIR MMRP PPT - 15.3 - SEIR 15.4 22-0821 ADOPT RESOLUTION AUTHORIZING A CONTRACT CHANGE ORDER FOR THE OUTFALL RELOCATION PROJECT COMPONENT OF THE RWCF MODIFICATIONS PROJECT, AUTHORIZE THE CITY MANAGER TO APPROVE AND EXECUTE PAYMENTS FOR DIRECT MITIGATION COST IMPACTS, AND AUTHORIZE THE CITY MANAGER TO REAPPROPRIATE FUNDS City of Stockton Page 6 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 in support of an exception to the competitive bidding process. 2. Authorize Contract Change Order (CCO)-008 to Phase 2B of the Progressive Design-Build Contract between the City and AECOM/W.M. Lyles, Joint Venture (JV) to increase the Guaranteed Maximum Price (GMP) in the amount of $6,770,384.07 for construction of the Outfall Relocation Project component of the Regional Wastewater Control Facility (RWCF) Modifications Project (Exhibit 1 to the Resolution). 3. Incorporate CCO-001 through CCO-008 bringing the total Phase 2B contract amount to $206,789,950.31. 4. Authorize the City Manager to reappropriate funds in the amount of $5,185,225 from the existing RWCF New Outfall Project UW20023 to the RWCF Modifications Project UW16022. 5. Authorize the City Manager to execute CCO-008 to Amendment No. 2, Phase 2B, to the Progressive Design-Build Contract. 6. Authorize the City Manager to execute payments not to exceed a total of $150,000 for the cost of direct mitigation of impacts from the Outfall Relocation Project. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the intent of the resolution. Department: Municipal Utilities Attachments: Proposed Resolution Exhibit 1 - CCO 8 PPT - 15.4 - RWCF Modifications Project CCO 8 16. HEARINGS** 16.1 22-1010 APPROVE THE SJAFCA MOSSDALE TRACT AREA REGIONAL FLOOD PROTECTION DEVELOPMENT NEXUS STUDY UPDATE, IMPACT FEE UPDATE, AND COLLECTION AGREEMENT AMENDMENT City of Stockton Page 7 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council adopt a Resolution: 1. Adopting the updated nexus study for the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee. 2. Authorizing the City Manager to execute an amendment to the existing collection agreement for the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee between San Joaquin Area Flood Control Agency and its member agencies, including the City of Stockton. 3. Authorizing an amendment to the FY 2022-23 Fee Schedule to update the Mossdale Tract Area Regional Flood Protection Development Impact Fee (Mossdale Tract Regional Flood Impact Fee) for residential, commercial, and industrial; which includes an existing administration fee. 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: City Manager Attachments: Proposed Resolution Exhibit 1 - Nexus Study Exhibit 2 - Collection Agreement Exhibit 3 - Updated Fee Schedule PPT - 16.1 - Mossdale Tract Area Note: This item was amended October 14, 2022 by the Office of the City Manager 16.2 22-0999 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) This item was continued from the City Council Meeting of September 27, 2022. City of Stockton Page 8 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 Exhibit 1 PPT - 16.2 - 2521 West Lane 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT City of Stockton Page 9 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 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 October 14, 2022 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 10 Printed on 10/14/2022 City Council/Successor Agency to Meeting Agenda - - Revised October 18, 2022 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 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 11 Printed on 10/14/2022