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, November 1, 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 22-1026 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Three Name of Case: Fire Battalion Chief Erik Patten, (Workers’ Compensation Appeals Board Case No. ADJ11395242) 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) Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code. Department: City Attorney Note: This item was amended 2022-10-28 by the Office of the City Attorney City of Stockton Page 1 Printed on 10/28/2022 City Council/Successor Agency to Meeting Agenda - - Revised November 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 3.2 22-1027 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 22-1028 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-1029 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-1030 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.7 22-1031 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). Department: City Attorney 3.6 22-1044 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF City of Stockton Page 2 Printed on 10/28/2022 City Council/Successor Agency to Meeting Agenda - - Revised November 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent LITIGATION Number of Cases: One This Closed Session is authorized pursuant to Government Code section 54956.9(d)(4) to discuss matters pertaining to the initiation of litigation. 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 22-1069 PROCLAMATION: HOMELESS YOUTH AWARENESS MONTH - NOVEMBER 2022 Department: Office of the Mayor 10.2 22-1072 PROCLAMATION: FAMILY COURT AWARENESS MONTH - NOVEMBER 2022 Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 22-1061 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. City of Stockton Page 3 Printed on 10/28/2022 City Council/Successor Agency to Meeting Agenda - - Revised November 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Manager Attachments: Attachment A - Proposed Ordinance Update (Redline) Proposed Ordinance - Pedicab Ordinance Update 12.2 22-1045 APPROVE A RESOLUTION RESCINDING RESOLUTION 2022-06-14-1506 AUTHORIZING THE CITY TO SUBMIT FOR A GRANT AWARD FROM THE COUNTY OF SAN JOAQUIN Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution to: 1. Rescind the resolution authorizing the City to submit an application for a one-time capital grant to the County of San Joaquin in the amount of $8,116,629; 2. Withdraw the contingent appropriation of American Rescue Plan Act (ARPA) funds to the Salvation Army; and 3. Authorize the City Manager, or designee to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Economic Development Attachments: Proposed Resolution - Rescinding 2022-06-14-1506 Exhibit 1 - Approved Resolution 12022-06-14-1506 12.3 22-0879 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT POLE REPLACEMENT FY 2021-22 SB1 PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Approve Notice of Exemption No. NOE24-22 under the California Environmental Quality Act for the Streetlight Pole Replacement FY 2021-22 SB1, Project No. WD22006. 2. Approve the plans and specifications for the Streetlight Pole Replacement FY 2021-22 SB1, Project No. WD22006. 3. Award a Construction Contract in the amount of $178,600 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Pole Replacement FY 2021-22 SB1, Project No. WD22006. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution. Department: Public Works City of Stockton Page 4 Printed on 10/28/2022 City Council/Successor Agency to Meeting Agenda - - Revised November 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - Notice of Exemption Exhibit 2 - Construction Contract 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 22-1071 APPROVE BY MOTION THE ENTERPRISE RISK ASSESSMENT REPORT Recommended Action: RECOMMENDATION It is recommended that City Council approve by motion the final Enterprise Risk Assessment Report, dated August 16, 2022. Department: City Auditor Attachments: Attachment A - Enterprise Risk Assessment Report PPT - 15.1 - Enterprise Risk Assessment Report 16. HEARINGS** 16.1 22-0826 ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE SPANOS FAMILY TRUST AND THE CITY OF STOCKTON FOR THE DELTA COVE PROJECT Recommended Action: RECOMMENDATION It is recommended that the City Council approve the following: 1. A Finding that the project is categorically exempt from CEQA, pursuant to the CEQA Guidelines, section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations; and 2. An Ordinance approving a Development Agreement for the Delta Cove Project. It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the Ordinance. Department: Community Development City of Stockton Page 5 Printed on 10/28/2022 City Council/Successor Agency to Meeting Agenda - - Revised November 1, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Location and Context Map Attachment B - Project Plans Attachment C - Planning Commission Reso 2022-09-22-0501 Proposed Ordinance - Delta Cove Exhibit 1 - Draft Development Agreement PPT - 16.1 - Delta Cove Development Agreement 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 22-1068 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: LegislationEnvironmental 2022-04-20 LegislationEnvironmental 2022-05-18 LegislationEnvironmental 2022-06-22 Measure A 2022-04-25 Measure A 2022-06-06 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 28, 2022 in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 6 Printed on 10/28/2022 City Council/Successor Agency to Meeting Agenda - - Revised November 1, 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 7 Printed on 10/28/2022