City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
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, December 6, 2022
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.
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachment A - 2022 Conflict of Interest Code - Redlined Proposed Resolution - 2022 Conflict of Interest Code
2022 Conflict of Interest Code
Attachments:
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
Attachment A – 2022-09-27 Minutes
Attachment B – 2022-10-18 Minutes
Attachments:
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map
Attachment D - Annual Progress Report 2022
Attachments:
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
Attachment A - SAC Candidate Applications (redacted)
Proposed Resolution - SAC Appointments 2022
Attachments:
12.5 22-0990 AUTHORIZE AN AGREEMENT WITH THE MIRACLE MILE
IMPROVEMENT DISTRICT TO MANAGE THE MIRACLE MILE
COMMUNITY IMPROVEMENT DISTRICT
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
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
Attachments:
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
Attachment A - Current Contract
Attachment B - Flavor Fest Details and Impact Report
Proposed Resolution - Visit Stockton
Exhibit 1 - First Amendment Visit Stockton Contract
Attachments:
12.7 22-1013 AUTHORIZE FIRST AMENDMENTS WITH GILL HOSPITALITY, INC.,
AND SETHI HOLDINGS, LP, FOR TWO PUBLIC FACILITIES FEES
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
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 Attachments:
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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachment A - Draft Scope of WorkAttachments:
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
Attachment A -Proclamation_Existence Local Emergency
Attachment B - Resolution Ratifying Emergency Proclamation Attachments:
15.2 22-1145 ADOPT A RESOLUTION TO APPROVE SUBGRANTEES FOR THE
CALIFORNIANSFORALL YOUTH WORKFORCE PROGRAM
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Proposed Resolution - CA4All Subgrantees
15.2 - PPT - CA4All Youth Workforce Grant
Attachments:
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
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 Attachments:
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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachment A - SJMSCP Reports
Attachment B - Habitat Fee Areas
Attachment C - Regional Preserve Areas
Proposed Resolution - Recommending Approval
PPT - 16.1 - Habitat Fee Hearing
Attachments:
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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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
Attachments:
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.
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Department: Administrative Services
Attachment A - Strong Communities Annual Report FY 2020_21Attachments:
2. 22-1181 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
Audit 2022-06-13
CWC 2022-06-09
CWC 2022-07-14
Measure W 2022-05-26
Planning Commission 2022-05-12
Attachments:
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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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 [email protected]
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 [email protected]. 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
December 6, 2022City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
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.