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, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
1:00 PMThursday, June 27, 2024
** Special **
Special Closed Session 1:00 PM :: Special Session 1:30 PM Note: Councilmember Padilla will participate in the meeting via teleconference from the following location: Grand Fiesta Americana Los Cabos All Inclusive Golf and Spa, Carretera Transpeninsular, km 10.3 Col Cabo del Sol, Tourist Corridor, 23410 Cabo San Lucas, B.C.S., Mexico, 23410, Cabo San Lucas, Baja California Sur, Mexico; Lobby Councilmember Lenz will participate in the meeting via teleconference from the following location: Sunnyside Lodge, 1850 West Lake Blvd. Tahoe City, 96145, Lobby
1. SPECIAL CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ANNOUNCEMENT OF CLOSED SESSION
2.1 24-0651
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: John Doe v. Lodi Unified School District, et al, (San Joaquin County Superior Court Case No.
STK-CV-UPI-2022-9405)
Name of Case: Kurt Wilson v. City of Stockton, et al, (San Joaquin County Superior Court Case No.
STK-CV-UWM-2019-12404)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
1 June 27, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Department: City Attorney
2.2 24-0652 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. SPECIAL CLOSED SESSION PUBLIC COMMENT*
4. RECESS TO CLOSED SESSION
5. SPECIAL SESSION CALL TO ORDER/ROLL CALL
6. REPORT OF ACTION TAKEN IN CLOSED SESSION
7. PUBLIC COMMENTS*
8. NEW BUSINESS
8.1 24-0448
APPROVE A RESOLUTION TO PLACE THE PROPOSED CHARTER
AMENDMENT MEASURE ON THE 2024 GENERAL ELECTION
BALLOT
2 June 27, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action:
RECOMMENDATION
It is recommended that the Council approve a resolution:
1. Submitting to the qualified voters at the November 5, 2024, General Election a ballot measure proposing amendments to Articles XI and XI-A;
2. Requesting that the San Joaquin County Board of Supervisors add this charter amendment to the ballot for the November 5, 2024, General Election;
3. Directing the City Attorney to prepare an impartial analysis of the measure;
4. Authorizing arguments and the filing of rebuttal arguments for or against the measure;
5. Authorizing the City Manager to appropriate funds necessary to pay the City of Stockton's cost of placing the measure on the ballot; and
6. Directing the City Clerk to take steps necessary to place the measure on the ballot and cause the measure to be printed.
Department: City Clerk
Proposed Resolution - Article XI and XI-A
Exhibit 1 - Proposed Charter Amendment
Attachments:
8.2 24-0598 CITIZEN INITIATIVE CHARTER AMENDMENT MEASURE - TO
PROVIDE BINDING ARBITRATION AND RELATED PROCEDURES
FOR SWORN POLICE AND FIRE DEPARTMENT EMPLOYEES ON
ALL MATTERS RELATED TO THE TERMS AND CONDITIONS OF
EMPLOYMENT
3 June 27, 2024City 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:
1. Accept by motion, the City Clerk's Certificate of Sufficiency relative to the petition filed by the proponents pertaining to the Charter Amendment Measure to provide binding arbitration and related procedures for sworn police and fire department employees on all matters related to the terms and conditions of employment; and
2. Adopt a Resolution requesting consolidation from the San Joaquin County Board of Supervisors with other measures occurring at the November 5, 2024, General Election and directing the City Attorney to prepare an impartial analysis; and
3. Authorize arguments and the filing of rebuttal arguments for or against the measure (deadline for direct arguments; July 29, 2024; deadline for rebuttal arguments; August 8, 2024);
4. Authorize the City Manager to appropriate the funds necessary to pay the City's cost of placing a measure on the ballot; and
5. Direct the City Clerk to take the steps necessary to place the measure on the ballot.
Department: City Clerk
Attachment A - Ballot Title and Summary
Attachment B - ROV Certificate of Signature Verification Attachment C - Clerk Certificate of Sufficiency
Proposed Resolution - Keep Stockton Safe
Exhibit 1 - Full Text of Proposed Charter Amendment
Attachments:
9. ADJOURNMENT
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 June 26, 2024, in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
Interim City Clerk
By: ________________________________
Deputy
4 June 27, 2024City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
*Members of the public may only comment regarding items on this agenda The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. 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 2-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 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.
5 City of Stockton
Legislation Text
File #: 24-0448, Version: 1
APPROVE A RESOLUTION TO PLACE THE PROPOSED CHARTER AMENDMENT MEASURE ON THE 2024 GENERAL ELECTION BALLOT
RECOMMENDATION
It is recommended that the Council approve a resolution:
1. Submitting to the qualified voters at the November 5, 2024, General Election a ballot measure proposing amendments to Articles XI and XI-A;
2. Requesting that the San Joaquin County Board of Supervisors add this charter amendment to the ballot for the November 5, 2024, General Election;
3. Directing the City Attorney to prepare an impartial analysis of the measure;
4. Authorizing arguments and the filing of rebuttal arguments for or against the measure;
5. Authorizing the City Manager to appropriate funds necessary to pay the City of Stockton’s cost of placing the measure on the ballot; and
6. Directing the City Clerk to take steps necessary to place the measure on the ballot and cause the measure to be printed.
Summary
The City fulfilled the Government Code requirements by holding two public hearings on May 20, 2024 and June 4, 2024 regarding potential Charter changes proposed for the 2024 General Election ballot.
The previous meetings were held to hear public comment and deliberate Charter amendments forwarded by the Charter Review Ad-hoc Committee to the full Council. On June 4, 2024, the Council provided direction to the City Clerk regarding the changes proposed for the ballot and requested that final ballot language be drafted accordingly. The Council provided direction for one ballot measure, focused on changes to the Public Information Office.
It is recommended that Council approve the proposed resolution for the measure to be placed on the General Election ballot and direct the City Clerk to forward the information to the San Joaquin County Registrar of Voters. 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.
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6 File #: 24-0448, Version: 1
DISCUSSION
Background
The Charter Review Advisory Commission (Advisory Commission) is comprised of community members appointed by Council to serve in an advisory role to the Charter Review Ad-hoc Committee.
The Advisory Commission was presented with information on Charter Articles XI and XI-A related to the Public Information Office for review and potential recommendations to the Council Charter Ad Hoc Committee.
Both the Charter Review Advisory Commission and Ad-Hoc Charter Review Committee received information regarding potential changes and forwarded recommendations.
Public hearings were held on May 2, 2024, and June 4, 2024, where public comments were heard, and Council provided direction regarding with changes to forward for final review.
Present Situation
The attached resolution reflects the direction provided to staff by the Council at the public hearings held on May 2, 2024, and June 4, 2024. The proposed resolution to place on the ballot a measure amending Charter Articles XI and XI-A to assign the City of Stockton Public Information Office to the City Manager and allow for a Mayoral Public Information Office. The amendment includes that the Mayoral Public Information Office will be allowed access to information necessary to fulfill their role in a reasonable and timely manner, as coordinated through the City of Stockton Public Information Office.
California Elections Code 9282(b) allows arguments for an against ballot measures placed on the ballot by a legislative body. The City Clerk requests direction from Council on whether the Council will submit an argument in favor of the proposed charter amendment. If Council will submit an argument in favor, Council must appoint a member of Council to oversee the drafting of the argument in favor of the proposal and to oversee the drafting of a rebuttal which is consistent with Election Code Requirements. The deadline for filing arguments is July29, 2024, for direct arguments, and August 8, 2024, for rebuttal arguments.
FINANCIAL SUMMARY
It is anticipated that placing a measure on the 2024 General Election ballot will cost between $50,000 -$80,000. The proposed fiscal year 2024-2025 Annual Budget includes funding for election costs within the General Fund. The final amount will be determined by the County Registrar of Voters.
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7 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF STOCKTON SUBMITTING TO THE QUALIFIED VOTERS AT THE NOVEMBER 5, 2024 MUNICIPAL ELECTION
A BALLOT MEASURE PROPOSING AMENDMENTS TO ARTICLES XI, AND XI-A OF THE CHARTER OF THE CITY OF STOCKTON; REQUESTING THAT THE SAN
JOAQUIN COUNTY BOARD OF SUPERVISORS ADD THESE CHARTER
AMENDMENTS TO THE BALLOT FOR THE NOVEMBER 5, 20 24 ELECTION;
DIRECTING THE CITY ATTORN EY TO PREPARE AN IMPARTIAL ANAL YSIS OF THE MEASURE; AUTHORIZING ARGUMENTS AND THE FILING OF REBUTTAL ARGUMENTS FOR OR AGAINS T THE MEASURE; AUTHORIZING THE CITY
MANAGER TO APPROPRIATE FUNDS NEC ESSARY TO PAY THE CITY OF STOCKTON’S COST OF PLACING THE MEASURE ON THE BALLOT; AND
DIRECTING THE CITY CLERK TO TAKE STEPS NECESSARY TO PLACE THE
MEASURE ON THE BALLOT AND TO CAUSE THE MEASURE TO BE PRINTED
Under the provisions of Article XI, Section 3 of the California Constitution and the Charter of the City of Stockton, the City Council of the City of Stockton, on i ts own motion, has proposed to submit to the qualified electors of the City of Stockton at the General Municipal Election on November 5, 2024, a measure to amend Articles XI and XI-A of the Stockton City Charter; and
The City Council has engaged in the process for review and evaluation of the current terms of the Stockton City Charter by and through its Charter Review Advisory Commission; and
During the course of the above -referenced process certain changes to the Stockton City Charter were proposed as being both necessary and beneficial to the functioning of the City and the community at large, and the City Council has endorsed those proposed changes as set forth herein and has decided to bring those changes to the voters of the City for their thoughtful consideration; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
Section 1. The City Council of the City of Stockton hereby submits to the qualified electors of the City of Stockton at the General Municipal Election of November 5, 2024, a ballot measure to amend the Charter of the City of Stockton. The full text of the proposed Charter amendments shall be in the form attached hereto as Exhibit 1 and is hereby incorporated by this reference into this Resolution.
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8 That question is to appear as follows:
MEASURE:_____
Revisions to Stockton City Charter – Public Information Office
Shall the Stockton City Charter be revised to assign the City of Stockton Public Information Office to the City Manager and provide the Mayoral Public Inf ormation Office access to information necessary to fulfill their role?
YES
NO
Section 2. (a) A General Municipal Election is hereby called to be held in the City of Stockton on Tuesday, November 5, 20 24, (consolidated with the State of California General Election) for the purpose of submitting to the qualified electors of said city the Measure set forth in Section 1 of this Resolution to amend the Charter of said city.
(b) Said General Municipal Election hereby called shall be held and conducted, and the votes canvassed, and the returns thereof made, and the results thereof ascertained and determined as herein provided, and in all particulars not prescribed in this Resolution, said General Municipal Election shall be held as provided for in the City Charter and otherwise in accordance with the Elections Code of the State of California.
Section 3. The City Attorney of the City of Stockton is hereby authorized and directed to prepare an impartial analysis of the measure by August 08, 2024; and t he City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form and manner as required by law.
Section 4. The City Council request s the San Joaquin County Board of Supervisors add this proposed charter amendment as set forth in Section 1 of this Resolution to the ballot of the General Municipal Election to be held November 5, 2024.
Section 5. The deadline for filing arguments for or against the measure shall be July 29, 2024, for the direct arguments, and August 8, 2024, for rebuttal arguments.
Section 6. The City Council authorizes to oversee the drafting of a direct argument in favor, and to oversee the drafting of a rebuttal to the direct argument against and authorizes the City Clerk to give preference and priority to such arguments pursuant to Elections Code section 92 87(a); and delegates to the selection of others to join in the signing of such
arguments.
9 Section 7. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City of Stockton’s cost of placing the measure on the ballot.
Section 8. The City Clerk is hereby authorized and directed to tak e all steps necessary to place the measure on the ballot and to cause the measure to be printed.
A copy of the measure shall be made available to any voter upon request.
Section 9. Notice of the time and place of holding the election is hereby given and the City Clerk is authorize d, instructed, and directed to sign and publish notice as required by law.
Section 10. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of San Joaquin County and the Registra r of San Joaquin County.
Section 11. This measure shall become effective, upon the majority affirmative vote of the eligible voters of the City of Stockton and upon certification and filing of the election results and the filing of the adopted measure wi th the Secretary of State , in accordance with the provisions of the Elections Code of the State of California.
PASSED, APPROVED AND ADOPTED June 27, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
10 EXHIBIT 1
ORDINANCE NO.
PROPOSED AMENDMENTS TO THE CITY OF STOCKTON CHARTER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Article XI, Section 1102 of the City of Stockton Charter shall be amended to read as follows:
Section 1102. Powers and Duties.
The Mayor shall have the following powers and duties:
(a) To review with the City Manager, City Attorney and City Clerk prior to each Council meeting the items on the Council's agenda and to add matters thereto;
(b) To make recommendations to the Council on matters of policy and programs which require Council decision;
(c) To make recommendations to the City Manager on matters of policy and programs;
(d) To direct those officials appointed by the Council to prepare and provide information to the Council on matters of policy and programs which require Council decision;
(e) To request budgetary and any other information from those officials appointed by the Council that the Mayor determines is necessary for the conduct of the Mayor's duties;
(f) To appoint, with the advice and consent of the Council, a Chairman, a Vice-Chairman, one regular member and one alternate member to each s tanding, special and ad hoc committee of the Council;
(g) To appoint, with the advice and consent of the Council, such advisory boards, commissions and ad hoc committees as may be necessary or desirable to advise and assist in the work of the City Council . All members of the Council, including the Mayor and Vice-Mayor, may be so appointed;
(h) To appoint such other advisory boards and ad hoc committees as may be necessary or desirable to advise and assist in the work of the Mayor; provided, however, that the members of such advisory boards or ad hoc committees shall not receive any compensation;
(i) To address, not less than annually, the citizens of the City concerning the current status of City affairs and articulating the policy plans which the Mayor p roposes for the City during the ensuing year;
11 EXHIBIT 1
(j) To inform the citizens, at other times during the year, of any matters of policy or programs which the Mayor believes are for the welfare of the community;
(k) To recommend adjustments to the City Budget a nd to propose the modification or curtailment of any city service. If the Mayor recommends any increases in the City budget, the Mayor shall recommend the method of financing such expenditures. If the Mayor proposes the modification or curtailment of any c ity service, the Mayor shall provide specific recommendations and the reasons for such proposal;
(l) To preside at meetings of the Council and to vote as a member of the Council without power of veto;
(m) To preserve order at all Council meetings, to rem ove or cause the removal of any person from any meeting of the Council for disorderly conduct, to enforce the rules of the Council and to determine the order of business under the rules of the Council;
(n) To select and appoint, with the advice and consent of the Council, such professional, technical and clerical employees to the office of Mayor as may be necessary or desirable to advise and assist in the work of the Mayor; provided, however, that the Mayor shall not appoint to any position any business as sociate or any person related to him or her or to the City Manager or to any member of the Council by blood and marriage within the third degree, except that the foregoing prohibition against nepotism may be waived by a vote of at least 2/3 of the members of the Council if the Council finds that the proposed appointment is in the interest of the City. All such appointees shall serve at the pleasure of the Mayor in the unclassified service; and shall serve under such terms and conditions, salaries and benefi ts as are similar to other unclassified employees. The Council shall provide in the annual budget funding for no less than three positions in the office of the Mayor, including the Mayoral Public Information Officer appointed by the Mayor pursuant to Section 1153 of Article XI-A; and
(o) To exercise such other powers and perform such other duties as may be prescribed by the Council, provided the same are not inconsistent with this Charter;
Nothing in this Section shall be construed in any way as an infrin gement or limitation on the powers and duties of the City Manager as Chief Administrative Officer and head of the administrative branch of the City government as prescribed in other sections of this Charter.
Except as otherwise provided in this Charter, the Mayor shall possess only such authority over the City Manager and the administrative branch as he or she possesses as one member of the Council.
SECTION II. AMENDMENT OF CODE
Article XI-A, Section 1151 of the City of Stockton Charter shall be amended to read as follows:
12 EXHIBIT 1
Section 1151. City of Stockton Public Information Office.
The City of Stockton Public Information Office shall be administered by a Public Information Officer appointed by the City Manager who shall serve at his or her pleasure.
SECTION III. AMENDMENT OF CODE
Article XI-A, Section 1153 shall be added to the City of Stockton Charter and shall read as follows:
Section 1153. Mayoral Public Information Officer
The Mayor shall be permitted to have a Mayoral Public Information Officer. The Mayoral Public Information Officer shall be appointed by the Mayor and shall serve at his or her pleasure.
The Mayoral Public Information Officer will be provided information necessary to fulfill his or her role in a reasonable and timely manner, as coordinated through the City of Stockton Public Information Office.
SECTION IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
13 City of Stockton
Legislation Text
File #: 24-0598, Version: 1
CITIZEN INITIATIVE CHARTER AMENDMENT MEASURE - TO PROVIDE BINDING
ARBITRATION AND RELATED PROCEDURES FOR SWORN POLICE AND FIRE DEPARTMENT
EMPLOYEES ON ALL MATTERS RELATED TO THE TERMS AND CONDITIONS OF
EMPLOYMENT
RECOMMENDATION
It is recommended that the City Council:
1. Accept by motion, the City Clerk’s Certificate of Sufficiency relative to the petition filed by the proponents pertaining to the Charter Amendment Measure to provide binding arbitration and related procedures for sworn police and fire department employees on all matters related to the terms and conditions of employment; and
2. Adopt a Resolution requesting consolidation from the San Joaquin County Board of Supervisors with other measures occurring at the November 5, 2024, General Election and directing the City Attorney to prepare an impartial analysis; and
3. Authorize arguments and the filing of rebuttal arguments for or against the measure (deadline for direct arguments; July 29, 2024; deadline for rebuttal arguments; August 8, 2024);
4. Authorize the City Manager to appropriate the funds necessary to pay the City’s cost of placing a measure on the ballot; and
5. Direct the City Clerk to take the steps necessary to place the measure on the ballot.
Summary
Proponents of the measure filed petitions with the City Clerk’s Office and the Clerk has executed a Certificate of Sufficiency for the petition. Council action is needed to accept the Certificate of Sufficiency, place the item on the November 5, 2024, ballot, and authorize impartial analysis, arguments and rebuttals, and appropriation of funds.
DISCUSSION
Background
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14 File #: 24-0598, Version: 1
On February 15, 2024, the proponents filed a Notice of Intent to Circulate an Initiative Petition. The proponents propose an amendment to the City of Stockton Charter that will provide binding arbitration and related procedures for sworn police and fire department employees on all matters related to the terms and conditions of employment (see Attachment A).
In accordance with the California Elections Code, the City Attorney prepared a ballot title and Summary of the proposed measure (Attachment A). The Notice of Intent and the title and summary of the proposed measure were published in The Record by the proponents on March 7, 2024, following which the proponents of the initiative began collecting signatures on their petition.
On May 20, 2024, the proponents filed their petition with the City Clerk’s Office. Upon prima facie review of the petition, the Clerk’s Office determined the petition contained sufficient raw signatures.
The petition was then delivered by the Clerk’s Office to the San Joaquin County Registrar of Voters for verification of signatures on May 29, 2024. As stated in Election Code 9255(c)(1) the petition must be signed by at least 15% of the registered voters of the City of Stockton as provided in the last report filed by the San Joaquin Registrar of Voters with the California Secretary of State at the date the Notice of Intent to Circulate Petition was filed with the City Clerk’s Office. Based on the figure provided by the San Joaquin County Registrar of Voters, 20,315 is 15% of the total 135,427 registered voters in the City of Stockton as last reported to the Secretary of State on February 20, 2024.
On June 14, 2024, the Registrar of Voters completed verification of the signatures (Attachment B).
The Registrar estimated 22,423 verified signatures, which is more than the 20,315 valid signatures required to qualify this matter on a general election ballot. Based on the verification of signatures issued by the Registrar of Voters, the City Clerk executed a Certificate of Sufficiency regarding this petition on June 17, 2024 (Attachment C).
Present Situation
The City Clerk is requesting that the Council accept the Certificate of Sufficiency at this time and place the matter on the November 5, 2024, ballot. California Elections Code 9282 allows the proponents to file a written argument in favor of the proposal and the Council to file an argument against the measure. Neither argument may exceed 300 words. The filing deadline for arguments for the November 5, 2024, election is July 29, 2024, at 5:00pm. Proponents and the Council may each file a rebuttal argument, not to exceed 250 words each. The deadline for rebuttal arguments for the November 5, 2024, election is August 8, 2024, at 5:00pm.
FINANCIAL SUMMARY
The San Joaquin County Registrar of Voters has provided an estimated cost of $50,000 to $80,000 to place the measure on the November 5, 2024, ballot.
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15 ATTACHMENT A
16 ATTACHMENT A
17 Attachment B
18 Attachment B
19 Attachment C
20 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION SUBMITTING AN INITIATIVE MEASURE TO PROVIDE BINDING
ARBITRATION AND RELATED PROCEDURES FOR SWORN POLICE AND FIRE
DEPARTMENT EMPLOYEES ON ALL MATTERS RELATED TO THE TERMS AND
CONDITIONS OF EMPLOYMENT TO THE QUALIFIED VOTERS AT THE NOVEMBER 5, 2024 MUNICIPAL ELECTION; REQUESTING THAT THE SAN JOAQUIN COUNTY
BOARD OF SUPERVISORS ADD THESE CHARTER AMENDMENTS TO THE BALLOT FOR THE NOVEMBER 5, 20 24 ELECTION; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE;
AUTHORIZING ARGUMENTS AND THE FILING OF REBUTTAL ARGUMENTS FOR OR AGAINS T THE MEASURE; AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS NECESSARY TO PAY THE CITY OF STOCKTON’S COST OF PLACING THE MEASURE ON THE BALLOT; AND DIRECTING THE CITY CLERK TO
TAKE STEPS NECESSARY TO PLACE THE MEASURE ON THE BALLOT AND T O
CAUSE THE MEASURE TO BE PRINTED
On February 15, 2024, the Proponents filed a Notice of Inte nt to Circulate an Initiative Petition to amend the City of Stockton’s Charter; and
On May 20, 2024 the Proponents filed the petition with the City Clerk’s office.
Upon prima facie review of the Petition , the Clerk’s Office determined the Petition contained sufficient raw signatures. The Petition was then delivered by the Clerk’s Office to the San Joaquin Registrar of Voters for verification of signatures on Mary 29, 2024; and
On June 14, 2024 the Registrar of Voters completed verification of signatures .
The number of estimated signatures verified is 22,423, which is more than the 20,315 valid signatures required to qualify this matter on a general election ballot. Based on the verification of signatures issued by the Registrar of Voters, the City Clerk executed a Certificate of Sufficiency regarding this petition on June 17, 2024; now, therefore;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
Section 1. The City Council of the City of Stockton hereby submits to the qualified electors of the City of Stockton at the General Municipal Election of November 5, 2024, a ballot measure to amend the Charter of the City of Stockton. The full text of the proposed Charter amendments shall be in the form attached hereto as Exhibit 1 and is hereby incorporated by this reference into this Resolution.
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21 That question is to appear as follows:
MEASURE:_____
Revisions to Stockton City Charter – Impartial and Binding Arbitration
Shall the Stockton City Charter be revised to impose impartial and binding arbitration for Sworn Police and Fire Department Employee Disputes including procedures for impasse resolution for all terms and conditions of employment?
YES
NO
Section 2. (a) A General Municipal Election is hereby called to be held in the City of Stockton on Tuesday, November 5, 2024, (consolidated with the State of California General Election) for the purpose of submitting to the qualified electors of said city the Measure set forth in Section 1 of this Resolution to amend the Charter of said city.
(b) Said General Municipal Election hereby called shall be held and conducted, and the votes canvassed, and the returns thereof made, and the results thereof ascertained and determined as herein provided, and in all particulars not prescribed in this Resolution, said General Municipal Election shall be hel d as provided for in the City Charter and otherwise in accordance with the Elections Code of the State of California.
Section 3. The City Attorney of the City of Stockton is hereby authorized and directed to prepare an impartial analysis of the measure by August 8, 2024; and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election in the time, form and manner as required by law.
Section 4. The City Council request s that the San Joaquin County Board of Supervisors add this proposed charter amendment as set forth in Section 1 of this Resolution to the ballot of the General Municipal Election to be held November 5, 2024.
Section 5. The City Clerk if authorized to call for arguments and the filing of rebuttal arguments for or against the measure. The deadline for filing arguments for or against the measure shall be July 29, 2024, for the direct arguments, and August 8, 2024, for rebuttal arguments.
Section 6. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City of Stockton’s cost of placing the measure on the ballot.
Section 7. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the measure to be printed. A copy of the measure shall be made available to any voter upon request.
22 Section 8. Notice of the time and place of holding the election is hereby given and the City Clerk is autho rized, instructed, and directed to sign and publish notice as required by law.
Section 9. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of San Joaquin County and the Registrar of San Joaquin County.
Section 10. This measure shall become effective, upon the majority affirmative vote of the eligible voters of the City of Stockton and upon certification and filing of the election results and the filing of the adopted measure with the Secretary of State , in accordance with the provisions of the Elections Code of the State of California.
PASSED, APPROVED AND ADOPTED June 27, 2024 .
KEVIN J. LINCOLN II
Mayor City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk City of Stockton
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