City Council and Concurrent Authorities
Regular MeetingStockton, CA · November 15, 2022
Agenda
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 15, 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
Councilmember Susan Lenz will participate in the meeting via teleconference from the
following location:
The Westin New York at Times Square
270 W 43rd St Room 4202
New York, NY 10036
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1037 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Three
Name of Case: Fire Engineer Benjamin Ortiz, (Workers’
Compensation Appeals Board Case Nos.
ADJ14346014 and ADJ15136612)
Name of Case: Fire Captain Michael Smith, (Workers’
Compensation Appeals Board Case Nos.
ADJ10335238, ADJ12858904, ADJ12858903,
ADJ12858905, ADJ12858906, and
ADJ12858509)
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Authority Concurrent
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
3.2 22-1038 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 22-1039 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.4 22-1040 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
3.5 22-1041 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section
54957.
Department: City Attorney
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Authority Concurrent
3.6 22-1042 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
3.7 22-1124 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF
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 22-1064 CERTIFICATE: AIME ACOSTA FOR ACHIEVING THE RANK OF
EAGLE SCOUT
Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 22-1067 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER
ENDED SEPTEMBER 30, 2022
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Recommended Action: RECOMMENDATION
It is recommended that the City Council accept by motion the Quarterly
Investment Report for the quarter ended September 30, 2022.
Department: Administrative Services
Attachments: Attachment A - Quarterly Investment Report 9-30-2022
Attachment B - Certification of Quarterly Investment Report
12.2 22-1112 2023 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC
FINANCING AUTHORITY/ STOCKTON PARKING AUTHORITY
MEETING CALENDAR
Recommended Action: RECOMMENDATION
It is recommended that the City Council, Successor Agency, Stockton
Public Financing Authority, and Stockton Parking Authority adopt by
motion the 2023 Concurrent City Council/Successor Agency/Stockton
Public Financing Authority/Stockton Parking Authority Meeting Calendar.
Department: City Manager
Attachments: Attachment A - 2023 Meeting and Closed Days Calendar
12.3 22-1011 AMENDING, DELETING, AND ADDING VARIOUS CHAPTERS AND
SECTIONS OF TITLE 15 OF THE STOCKTON MUNICIPAL CODE BY
INCORPORATING THE 2022 EDITION OF CALIFORNIA CODE OF
REGULATIONS, TITLE 24, INCLUDING APPLICABLE APPENDICES
(CALIFORNIA MODEL BUILDING AND FIRE CODES), AND ADDING
CHAPTER 15.90 ESTABLISHING AN EXPEDITED, STREAMLINED
PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING
STATIONS.
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt an ordinance amending,
deleting, and adding various sections of Title 15 of the Stockton Municipal
Code (SMC), specifically, Chapters 15.04, 15.08, 15.10, 15.12, 15.16,
15.20, 15.36, 15.40, 15.44, 15.64, 15.72, 15.82, 15.86, and 15.90 to
incorporate the 2022 Edition of the California Code of Regulations, Title 24,
as amended, and establish an expedited, streamlined permitting process
for electric vehicle charging stations.
Department: Community Development
Attachments: Attachment A - Building Code and EV Ordinance - Redline
Proposed Ordinance - Recommending Approval of Changes
12.4 22-1018 APPROVE A RESOLUTION AUTHORIZING THE PURCHASE OF
LIBRARY FURNITURE FOR TRACY AND MANTECA BRANCH
LIBRARIES UTILIZING THE COOPERATIVE AGREEMENTS WITH
NATIONAL COOPERATIVE PURCHASING ALLIANCE, AND
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AMENDING THE FISCAL YEAR 2022-23 BUDGET FOR THE TRACY
AND MANTECA BRANCHES OF STOCKTON SAN JOAQUIN
COUNTY LIBRARY SYSTEM, TO REALLOCATE $200,930 FROM
CITY-HELD COUNTY FUND BALANCE
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Approve the use of a Cooperative Agreement through the National
Cooperative Purchasing Alliance ("NCPA") Contract Number 07-85 with
Demco, Inc. to acquire furniture, fixtures, and equipment for each of the
Tracy and Manteca branch libraries.
2. Authorize the City Manager, or designee, to execute a multi-year
Cooperative Purchasing Agreement for the Tracy Library, expiring
September 30, 2025, in an amount not to exceed $394,606.58 with
Demco, Inc.
3. Authorize the City Manager, or designee to execute a multi-year
Cooperative Purchasing Agreement for the Manteca Library, expiring
September 30, 2025, in an amount not to exceed $88,000 with Demco,
Inc.
4. Approve findings that support and justify an exception to the competitive
bidding process.
5. Amend the Fiscal Year 2022-23 Annual Budget to appropriate $200,930
from City-Held County Fund Balance to the Manteca Branch Library
($34,930) and Tracy Branch Library ($166,000) accounts.
6. Authorize the City Manager, or designee, to take necessary and
appropriate actions to carry out the purpose and intent of this resolution.
Department: Community Services
Attachments: Proposed Resolution
Exhibit 1 - NCPA COOP Package Tracy
Exhibit 2 - NCPA COOP Package Manteca
12.5 22-1059 APPROVE BY MOTION THE COMMUNITY SUPPORT GRANT
PROGRAM RECOMMENDATIONS AND ENTER INTO CONTRACTS
WITH AWARDEES
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the recommended Community Support Grant Program
awardees and amounts;
2. Approve and authorize the City Manager, or designee, to execute
contracts with the recommended awardees in the total amount of
$2,678,900, with discretion to adjust the award amount to each awardee
based upon final negotiated services;
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 - Recommendation List & Project Descriptions
12.6 22-1047 RESOLUTION TO AUTHORIZE THE REFUND OF STORMWATER
FEES TO ET STOCKTON OWNER, LLC
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the
refund of stormwater fees in the amount of $71,371.09 to ET Stockton
Owner, LLC.
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 - Refund ET Stockton Owner LLC
12.7 22-0936 AUTHORIZE A CONTRACT WITH SYNAGRO-WWT, INC. FOR
REGIONAL WASTEWATER CONTROL FACILITY BIOSOLIDS
MANAGEMENT SERVICES AND AMEND THE FISCAL YEAR 2022-23
ANNUAL BUDGET
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution:
1. Approving the plans and specifications for the Request for Sealed Bids
for Municipal Utilities Department Regional Wastewater Control Facility
Biosolids Management Services (PUR-22-016).
2. Authorizing a five-year contract with Synagro-WWT, Inc. of Baltimore,
MD, to provide biosolids management services for a total amount
not-to-exceed $22,185,200 (Exhibit 1 to the Resolution).
3. Appropriating funds in the amount of $230,000 from the Wastewater
Utility Fund Balance to the Wastewater Treatment Plant Operations,
Special Services account for these services.
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
Attachments: Proposed Resolution
Exhibit 1 - Contract
12.8 22-0966 ADOPT A RESOLUTION AWARDING A SERVICE CONTRACT TO
SILVA LANDSCAPE FOR STORMWATER DRAINAGE BASIN
MAINTENANCE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution awarding a
three-year service contract to Silva Landscape of Patterson, California in
the amount of $451,800 for Stormwater Drainage Basin Maintenance
(Project PUR 22-011).
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
Attachments: Attachment A - Vicinty Map
Proposed Resolution - Silva Landscape
Exhibit 1 - Contract with Silva Landscape
12.9 22-1046 APPROVE RESOLUTION ACCEPTING GRANT FUNDING FOR THE
BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT
CRIME GUN INTELLIGENCE CENTER INTEGRATION INITIATIVE
GRANT IN THE AMOUNT OF $700,000
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the City Manager, or designee, to accept the Bureau of
Justice Assistance Local Law Enforcement Crime Gun Intelligence Center
Integration Initiative (CGIC) Grant in the amount of $700,000; 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
$700,000: and
It is also recommended that the City Council 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: Attachment A - GIC Funded Award Letter FAW-172572
Proposed Resolution
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 22-0995 APPROVE A MOTION TO AWARD A PROFESSIONAL SERVICES
CONTRACT TO REVIZE FOR THE REDESIGN, DEVELOPMENT,
IMPLEMENTATION, HOSTING AND MAINTENANCE OF THE CITY
OF STOCKTON WEBSITE
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a motion to:
1. Approve findings pursuant to Stockton Municipal Code 3.68.070 that
support and justify an exception to the competitive bidding process; and
2. Approve entering into a contract with Revize Software Systems, LLC, of
Troy, Michigan, to redesign, develop, implement, host, and maintain the
City of Stockton website for a period of a total not-to-exceed amount of
$193,100 for implementation and up to five (5) years of service; and
3. Authorize the City Manager, or designee, to take all necessary and
appropriate actions to carry out the purpose and intent of this motion.
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Department: City Manager
Attachments: Attachment A - Professional Services Agreement
PPT - 15.1 - Revize Software Systems, LLC
15.2 22-1022 DISCUSSION REGARDING THE ESTABLISHMENT OF A
COMMERCIAL VACANCY ORDINANCE
Recommended Action: RECOMMENDATION
It is recommended that City Council postpone consideration of a draft
ordinance until:
1. Neighborhood Services is fully staffed; and
2. Public Outreach has been completed; and
3. A comprehensive needs assessment regarding this program has been
completed.
Department: Police
Attachments: Attachment A - Commercial Vacancy Registration Ordinance
15.2 - Establishing a Commercial Vacancy Registration
16. HEARINGS**
16.1 22-1025 TEFRA PUBLIC HEARING FOR GOODWILL INDUSTRIES OF SAN
JOAQUIN VALLEY, INC., LOCATED AT 4533 ALITALIA AVENUE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Conduct a public hearing under the requirements of TEFRA and the
Internal Revenue Code of 1986, as amended (the "Tax Code").
2. Approve the issuance of $14,500,000 of California Enterprise
Development Authority ("CEDA") tax-exempt conduit obligations for the
benefit of Goodwill Industries of San Joaquin Valley, Inc., to provide for the
financing of the Project (as defined herein), such adoption is solely for the
purposes of satisfying the requirements of TEFRA, the Tax Code and the
California Government Code Section 6500 (and following).
Note: The tax-exempt conduit obligations will not be a debt of the City, nor
will they obligate the City in any way.
3. Authorize the City Manager, or designee, to take actions that are
necessary and appropriate to carry out the purpose and intent of the
resolution.
Department: Economic Development
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Attachments: Attachment A - Vicinity Map 4533 Alitalia Ave
Proposed Resolution - TEFRA Goodwill
PPT - 16.1 - TEFRA Goodwill
16.2 22-1036 CONVENE A PUBLIC HEARING AND ADOPT BY MOTION TO APPLY
FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM THE
CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS (CAL
ICH) FOR ROUND FOUR OF THE HOMELESS HOUSING
ASSISTANCE AND PREVENTION (HHAP) GRANT PROGRAM
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a motion to:
1. Convene a public hearing to review the City's HHAP Round 4 Funding
Application strategies, including an analysis of homeless demographics,
needs, assets, and recommended outcome goals;
2. Approve the updated City of Stockton Homeless Action Plan;
3. Authorize staff to apply for, accept and appropriate Round 4 of the
Homeless Housing, Assistance and Prevention Grant (HHAP 4) grant
funds;
4. Authorize the City Manager, or designee, to enter a Standard
Agreement for HHAP 4 funds with all its exhibits or other necessary
documents consistent with the motion; and authorize the City Manager to
approve consultant contracts that exceed the Stockton Municipal Code
Section 3.68.060 spending limits to carry out administrative portions of the
grant where necessary, and,
5. 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 - Stockton Homeless Action Plan
PPT - 16.2 - HHAP Grant Program
16.3 22-0961 ADOPT AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16 OF
THE STOCKTON MUNICIPAL CODE TO IMPOSE LICENSING AND
OPERATING RESTRICTIONS ON TOBACCO RETAILERS PRIOR TO
OPERATING WITHIN THE CITY; AND PUBLIC HEARING TO ADOPT
A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL
YEAR 2022-23 FEE SCHEDULE RELATED TO THE TOBACCO
RETAIL LICENSE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance Amending Title 5, Chapter 5.16, section 5.16.010
and adding Chapter 5.102 to the Stockton Municipal Code ("SMC")
requiring tobacco retailers to obtain a license from the City.
2. Adopt a Resolution approving an amendment to the Fiscal Year 2022-23
Fee Schedule relating to tobacco retail licenses.
3. Authorize the City Manager, or designee, to take appropriate and
necessary actions to carry out the purpose and intent of the ordinance and
resolution adopted by Council.
Department: City Manager
Attachments: Attachment A - Proposed Ordinance - Redline
Attachment B - Proposed Ordinance - Clean with Flavor Prohibition
Attachment C - Proposed Ordinance - Clean without Flavor Prohibition
Proposed Resolution - Tobacco Retail License
Exhibit 1 - Tobacco Ordinance Fees
PPT - 16.3 - Proposed Tobacco Retailer Ordinance
16.4 22-1126 ADOPT A RESOLUTION CERTIFYING AN ENVIRONMENTAL
IMPACT REPORT, ADOPT AN ORDINANCE FOR PRE-ZONING,
ADOPT A DEVELOPMENT AGREEMENT, ADOPT A RESOLUTION
AUTHORIZING ANNEXATION REQUESTS FOR A PROPOSED
INDUSTRIAL DEVELOPMENT AT 5110, 5150, 5268, 5280, AND 5290
MARIPOSA ROAD, 4500 EAST CLARK ROAD, AND 4600 AND 4610
MARFARGOA DRIVE (APNS 179-220-10; -11; -12; -13; -16; -17; -18;
-19; -24) (P20-0805), AND APPROVE RELATED SETTLEMENT
DOCUMENTS
Recommended Action: RECOMMENDATION
This item is continued to the December 6, 2022, City Council Meeting.
Department: Community Development
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
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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 10, 2022 in
compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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PUBLIC COMMENTS
*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.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these
methods:
1. e-Comment - follow the e-comment link on the City's agenda page stockton.granicusideas.com/meetings
2. Email - you may email your comments to city.clerk@stocktonca.gov
3. Voicemail - you can leave a voice message by dialing (209) 937-8459.
4. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public
Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please
redirect any inquiries to City.Clerk@stocktonca.gov. b) Address only issues over which the meeting body has
jurisdiction. c) Each speaker will be limited to one 3-minute comment opportunity. Donating time is not authorized.
d) Your time will be displayed on the speaker podium for convenience.
*All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time
will be forwarded to the meeting body members as correspondence and attached the minutes. All comments
received after that time will be forwarded as correspondence the following business day.
***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
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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.
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