City Council and Concurrent Authorities

City Council/Successor City of Stockton Agency of the Redevelopment Agency/Public Financing Authority/Parking Authority Meeting Agenda - Final Concurrent Agenda City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Tuesday, January 10, 2023 4:00 PM Civic Center, 525 N. Center 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 22-1214 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One 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 22-1216 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 22-1218 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: City of Stockton Page 1 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: City Manager This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.4 22-1220 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Attorney This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.5 22-1222 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Recommended Action: City Clerk This Closed Session is authorized pursuant to Government Code section 54957. Department: City Attorney 3.6 22-1224 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 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 City of Stockton Page 2 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 12. CONSENT AGENDA 12.1 22-1177 PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEAR 2021-22 Recommended Action: RECOMMENDATION It is recommended that the City Council accept by motion the Public Facilities Fee Program Annual Report for Fiscal Year 2021-22 (Attachment A) to comply with State reporting requirements. It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion. Department: Administrative Services Attachments: Attachment A - PFF Program Annual Report FY22 12.2 23-0004 APPROVAL OF CITY COUNCIL MINUTES Recommended Action: RECOMMENDATION Approve the minutes from the City Council meeting of October 4, 2022 Department: City Clerk Attachments: Attachment A – 2022-10-04 Minutes 12.3 22-1033 ADOPT AN ORDINANCE AMENDING TWO SECTIONS OF TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH THE STOCKTON 2040 GENERAL PLAN Recommended Action: RECOMMENDATION It is recommended that City Council: 1. Approve by motion, a finding that further environmental review is not required for the proposed amendments to Title 16 (Development Code) per the California Environmental Quality Act (CEQA) pursuant to 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) and per Stockton Municipal Code Section 16.116.050; and 2. Adopt an Ordinance amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Sections 16.80.210 (Mobilehome Parks and Subdivisions) and 16.80.215 (Multi-Unit Residential). 3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions. Department: Community Development City of Stockton Page 3 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: Attachment A - 04-05-2022 Staff Report Attachment B - 07-12-2022 Staff Report Attachment C - Proposed Ordinance - Redline Version Proposed Ordinance 12.4 22-1169 ADOPT A RESOLUTION TO APPROVE THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2023-2024 Recommended Action: RECOMMENDATION It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") adopt a resolution: 1. Approving the Recognized Obligation Payment Schedule for the period of July 1, 2023, through June 30, 2024 (Exhibit 1 to the Resolution) as required under Health and Safety Code section 34177(o); and 2. Authorizing the Executive Director to take necessary and appropriate actions to carry out the purpose and intent of the resolution. Department: Economic Development Attachments: Attachment A - Resolution No. 11-0251 Attachment B - City Loans Proposed Resolution - ROPS Exhibit 1 - ROPS Report 12.5 22-1179 APPROVE SUBMITTAL OF A SUSTAINABLE GROUNDWATER MANAGEMENT GRANT APPLICATION TO THE DEPARTMENT OF WATER RESOURCES Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution approving submittal of a grant application to the Department of Water Resources for the 2021 Sustainable Groundwater Management Grant Program. It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution. Department: Municipal Utilities Attachments: Proposed Resolution 12.6 22-0972 ADOPT RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 AND APPROPRIATE AND TRANSFER FUNDING FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT PROJECT City of Stockton Page 4 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that the City Council adopt a resolution to: 1. Appropriate additional funds in the amount of $245,000 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018. 2. Transfer funds in the amount of $375,000 from Project No. WT21016, Grant Match Project, to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018. 3. Authorize Construction Contract Change Order No. 2 in the amount of $470,000 with Sinclair General Engineering Construction, Inc., for the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018. 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 Attachments: Attachment A - Vicinity Map Proposed Resolution Exhibit 1 - Contract Change Order No. 2 12.7 23-0043 MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER Recommended Action: RECOMMENDATION It is recommended that the City Council approve a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster effective immediately. Department: City Clerk 13. ADMINISTRATIVE MATTERS 14. UNFINISHED BUSINESS 15. NEW BUSINESS 16. HEARINGS** 16.1 22-1186 ADOPT AN ORDINANCE AMENDING MULTIPLE SECTIONS OF TITLE 16 OF THE STOCKTON MUNICIPAL CODE FOR WAREHOUSE RETAIL STORES (“BIG BOX”) City of Stockton Page 5 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Recommended Action: RECOMMENDATION It is recommended that City Council: 1. Find no further environmental review is required for proposed code amendments pursuant to the California Environmental Quality Act (CEQA) section 15183 (consistency with General Plan and Community Plan); and 2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Section 16.20.020 (Allowable Lane uses and permit requirements), Section 16.24.090 (CG "commercial, general" zoning district standards), Section 16.24.100 (CD "commercial, downtown) zoning district standards), and Section 16.24.110 (CL "commercial, large-scale" zoning district standards). 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: Community Development Attachments: Attachment A - Big Box Ordinance #018-07 Attachment B - Proposed Ordinance - redlined Attachment C - Zones Allowing Warehouse Retail Stores Attachment D - Approved Planning Commission Resolution Proposed Ordinance PPT - 2023_01_10 Code Amendment Warehouse Retail Stores - 16.1 17. CITY MANAGER'S UPDATE 18. COUNCIL COMMENTS 19. ADJOURNMENT INFORMATIONAL ITEMS 1. 23-0028 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION Information item only. No action required. Department: City Clerk City of Stockton Page 6 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Attachments: CSC 2022-05-19 CSC 2022-06-16 CSC 2022-07-21 CSC 2022-08-18 PC 2022-05-26 PC 2022-06-09 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 January 4, 2023, in compliance with the Brown Act. Eliza R. Garza, CMC City Clerk By: ________________________________ Deputy City of Stockton Page 7 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 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 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 City of Stockton Page 8 Printed on 1/4/2023 City Council/Successor Agency to Meeting Agenda - Final January 10, 2023 the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent 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 9 Printed on 1/4/2023