City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - - Revised
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
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)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, October 18, 2022
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)
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
(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).
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
Attachment A - 2022-09-13 MinutesAttachments:
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
Attachment A - Pedicab Ordinance Update (Redline)
Proposed Ordinance - Pedicab Ordinance Update
Attachments:
12.3 22-0989 APPROVE AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.72 OF
THE STOCKTON MUNICIPAL CODE, RELATING TO MOTORIZED
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
Attachment A - Proposed Ordinance - Redline
Proposed Ordinance – Motorized Food Wagons
Attachments:
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
Attachment A - Resurgent Stoctkon Notice of Award
Proposed Resolution - Resurgent Stockton
Attachments:
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
Attachment A - Vicinity MapAttachments:
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
Attachment A - Scope of Work
PPT - 15.1 - Marketing and Brand Strategy
Attachments:
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
Proposed Resolution
Exhibit 1 - Final WWMPU
Exhibit 2 - Appendices
PPT - 15.2 - Wastewater Master Plan
Attachments:
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
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
Proposed Resolution
Exhibit 1 - Draft SEIR
Exhibit 2 - Final SEIR
Exhibit 3 - SEIR Findings of Fact
Exhibit 4 - SEIR MMRP
PPT - 15.3 - SEIR
Attachments:
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
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
Proposed Resolution
Exhibit 1 - CCO 8
PPT - 15.4 - RWCF Modifications Project CCO 8
Attachments:
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
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
Proposed Resolution
Exhibit 1 - Nexus Study
Exhibit 2 - Collection Agreement
Exhibit 3 - Updated Fee Schedule
PPT - 16.1 - Mossdale Tract Area
Attachments:
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.
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
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
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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
October 18, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
*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.