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 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, December 6, 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 Dan Wright and Councilmember Kimberly Warmsley will participate in the meeting via teleconference from the following location: Canopy by Hilton Washington DC the Wharf 975 7th Street SW, Business Center Washington DC, 20024 1. CLOSED SESSION CALL TO ORDER/ROLL CALL 2. ADDITIONS TO CLOSED SESSION AGENDA 3. ANNOUNCEMENT OF CLOSED SESSION 3.1 22-1151 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two 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. City of Stockton Page 1 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: City Attorney 3.2 22-1153 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 22-1155 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-1157 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-1159 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 22-1162 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 City of Stockton Page 2 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 22-1167 PROCLAMATION: ARBOR DAY Department: Office of the Mayor 11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA 12. CONSENT AGENDA 12.1 22-0967 2022 CONFLICT OF INTEREST CODE AMENDMENT Recommended Action: RECOMMENDATION It is recommended that City Council adopt a resolution to amend the City's Conflict of Interest Code by adding and deleting certain designated positions. Department: City Clerk Attachments: Attachment A - 2022 Conflict of Interest Code - Redlined Proposed Resolution - 2022 Conflict of Interest Code 2022 Conflict of Interest Code 12.2 22-1178 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meetings of September 27, 2022 and October 18, 2022 Department: City Clerk Attachments: Attachment A – 2022-09-27 Minutes Attachment B – 2022-10-18 Minutes City of Stockton Page 3 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12.3 22-1048 APPROVE A MOTION ACCEPTING THE 2022 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: 1. Approve a motion accepting the 2022 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area; and 2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and the intent of this motion. Department: Community Development Attachments: Attachment A - RD 2042 Map Attachment B - SB 5 Overview Attachment C - 200-Year Floodplain Map Attachment D - Annual Progress Report 2022 12.4 22-1090 RESOLUTION APPOINTING AISHA ABERCROMBIE, MAURICE SPILLER AND IRIE WOODS TO THE STOCKTON ARTS COMMISSION Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Appoint Aisha Abercrombie, Maurice Spiller, and Irie Woods to the Stockton Arts Commission with term to commence immediately upon approval. 2. Authorize the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution. Department: Community Services Attachments: Attachment A - SAC Candidate Applications (redacted) Proposed Resolution - SAC Appointments 2022 12.5 22-0990 AUTHORIZE AN AGREEMENT WITH THE MIRACLE MILE IMPROVEMENT DISTRICT TO MANAGE THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT City of Stockton Page 4 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the Miracle Mile Improvement District, a non-profit corporation (the "Owner's Association") to operate the Miracle Mile Community Improvement District ("MMCID") with responsibility for managing the community improvement district assessments and delivery of enhanced services, as described in the adopted Management District Plan, dated April 2022, including the delivery of programs, enhanced maintenance, safety, marketing, management, and advocacy services; 2. Authorizing the City Manager, or designee, to execute the Agreement between the City and the Owner's Association; and, 3. Authorizing the City Manager, or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution. Department: Economic Development Attachments: Attachment A - MMCID Boundary Map Attachment B - SMC Ordinance No. 2022-03-22-1211 Attachment C - Resolution No. 2022-07-12-1203 Attachment D - Resolution No. 2022-09-13-1602 Proposed Resolution - MMID Agreement Exhibit 1 - Miracle Mile Agreement 12.6 22-0996 ADOPT A RESOLUTION APPROVING AN AMENDMENT WITH VISIT STOCKTON TO SUPPORT YEARS TWO AND THREE OF FLAVOR FEST EVENT PROGRAMMING Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Authorize the City Manager, or designee, to execute an amendment to the Visit Stockton contract (attached as Exhibit 1 to the Resolution); and 2. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry the purpose and intent of the Resolution. Department: Economic Development Attachments: Attachment A - Current Contract Attachment B - Flavor Fest Details and Impact Report Proposed Resolution - Visit Stockton Exhibit 1 - First Amendment Visit Stockton Contract 12.7 22-1013 AUTHORIZE FIRST AMENDMENTS WITH GILL HOSPITALITY, INC., AND SETHI HOLDINGS, LP, FOR TWO PUBLIC FACILITIES FEES City of Stockton Page 5 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent DEFERRED PAYMENT AGREEMENTS Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution: 1. Authorizing the First Amendments to the Deferred Payment Agreements with Gill Hospitality, Inc. and Sethi Holdings, LP, associated with Building Permits 20-08543 and 21-00268, to defer the initial payments of eligible Public Facilities Fees for the property located at 3651 Arch Road until the following year; and 2. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution No. 91-0119 Attachment B -Deferred Payment Agreement BP20-08543 Attachment C - Deferred Payment Agreement BP21-00268 Proposed Resolution - Deferred Payment Amendment Exhibit 1- Proposed Amendment for BP20-08543 Exhibit 2 - Proposed Deferred Payment Amendment BP21-00268 12.8 22-1034 APPROVE BY MOTION REALLOCATION OF $800,000 IN AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE BUSINESS ATTRACTION AND EXPANSION INCENTIVES CATEGORY TO THE BUSINESS FAÇADE & OUTDOOR DINING CATEGORY AND TO ENTER INTO AN AGREEMENT WITH THE DOWNTOWN STOCKTON ALLIANCE TO ADMINISTER THE ARPA BUSINESS FAÇADE IMPROVEMENT PROGRAM City of Stockton Page 6 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council approve by motion the authorization to: 1. Reallocate $800,000 in American Rescue Plan Act (ARPA) funds from the Business Attraction and Expansion Incentives category to the Business Fa�ade & Outdoor Dining category; 2. Approve and authorize the City Manager, or designee, to execute an agreement based on the scope of work attached (Attachment A), with the Downtown Stockton Alliance in the amount of $2,042,500, including $204,250 for administrative costs, to manage and administer the ARPA Business Fa�ade Improvement Program; 3. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and 4. 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 - Draft Scope of Work 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 15.1 22-1095 APPROVE A MOTION TO END THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ENDING THE COVID-19 STATE OF EMERGENCY EFFECTIVE FEBRUARY 28, 2023 Recommended Action: RECOMMENDATION Approve a motion to end the Proclamation of the Existence of a Local Emergency, dated March 12, 2020, ending the COVID-19 State of Emergency in the City of Stockton, effective February 28, 2023. Department: City Manager Attachments: Attachment A -Proclamation_Existence Local Emergency Attachment B - Resolution Ratifying Emergency Proclamation 15.2 22-1145 ADOPT A RESOLUTION TO APPROVE SUBGRANTEES FOR THE CALIFORNIANSFORALL YOUTH WORKFORCE PROGRAM City of Stockton Page 7 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 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. Authorize the City Manager to execute agreements with four (4) subgrantees totaling $2,592,405 to implement youth workforce programs with the CaliforniansForAll Youth Workforce Program grant funds. 2. Authorize the City Manager to use the CaliforniansForAll Youth Workforce Program grant funds to create a City Summer Jobs Youth Pilot Program. It is also recommended that the City Manager be authorized to take any appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: City Manager Attachments: Proposed Resolution - CA4All Subgrantees 15.2 - PPT - CA4All Youth Workforce Grant 15.3 22-1035 RECOMMENDATION FROM THE MEASURE A ADVISORY COMMITTEE TO THE COUNCIL FOR FUNDING OF AN INDEPENDENT AUDITOR ON THE USES OF MEASURE A PROCEEDS Recommended Action: RECOMMENDATION It is recommended that the City Council consider a recommendation from the Measure A Citizens' Advisory Committee (Committee) regarding an additional audit of the financial statements of Measure A funds. Department: Administrative Services Attachments: Attachment A - 10-03-2022 Measure A Minutes Attachment B - Measure A Ordinance 2013-07-09-1601 Attachment C - Reso 2013-10-08-1505 Citizen Committee Charter Attachment D - 10-06-2015 Council Staff Report PPT - 15.3 - Measure A - Financial Audits Recommendation 16. HEARINGS** 16.1 22-0963 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2023 DEVELOPMENT FEE SCHEDULE City of Stockton Page 8 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving the San Joaquin Multi-Species Habitat Conservation and Open Space Plan 2023 development fee schedule. It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Department: Community Development Attachments: Attachment A - SJMSCP Reports Attachment B - Habitat Fee Areas Attachment C - Regional Preserve Areas Proposed Resolution - Recommending Approval PPT - 16.1 - Habitat Fee Hearing 16.2 22-1063 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 City of Stockton Page 9 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council: 1. Adopt a Resolution certifying the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283), including a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program; and 2. Adopt an Ordinance for the Pre-zoning of APNs 179-220-10; -11; -12; -13; -16; -17; -18-; 19; and -24 to Industrial, Limited (IL); and 3. Adopt an Ordinance for a Development Agreement; and 4. Adopt a resolution approving a Settlement Agreement with the Sierra Club; and approving a Memorandum of Understanding with the State of California Department of Justice; and 5. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and 6. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions, ordinance, Settlement Agreement, and Memorandum of Understanding. Department: Community Development City of Stockton Page 10 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - Location Map and Aerial Photo Attachment B - Zoning Map Attachment C - General Plan Land Use Map Attachment D - Project Plan Attachment E - Draft EIR Attachment F - Planning Commission Resolutions Proposed Resolution - Environmental Impact Report Exhibit 1 - Revised Final FEIR Exhibit 2 - Findings of Fact Exhibit 3 - MMRP Proposed Resolution - Annexation Exhibit 1 - City Services Plan Exhibit 2 - Prezone Description and Map Exhibit 3 - Draft Montezuma Agreement Exhibit 4 - MSR 10 Year Horizon Exhibit Proposed Ordinance - Prezone Exhibit 1 - Prezone Description and Map Proposed Ordinance - Development Agreement Exhibit 1 - Development Agreement Proposed Resolution - Settlement Agrement and MOU Exhibit 1 - Settlement Agreement Sierra Club Exhibit 2 - Memorandum of Understanding with Exhibit PPT - Mariposa CC PPT 2022-12-06 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 22-1118 STRONG COMMUNITIES ADVISORY COMMITTEE ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2020-21 Recommended Action: RECOMMENDATION This item is an informational item submitting the Strong Communities Advisory Committee Annual Report for Fiscal Year 2020-21 to the City Council. City of Stockton Page 11 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Department: Administrative Services Attachments: Attachment A - Strong Communities Annual Report FY 2020_21 2. 22-1181 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk Attachments: Audit 2022-06-13 CWC 2022-06-09 CWC 2022-07-14 Measure W 2022-05-26 Planning Commission 2022-05-12 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 <EDIT DATE>, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 12 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 City of Stockton Page 13 Printed on 11/30/2022 City Council/Successor Agency to Meeting Agenda - Final December 6, 2022 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 14 Printed on 11/30/2022