MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF January
11, 2022
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:30 PM
Roll Call
Present:
Paul Canepa
Christina Fugazi
Sol Jobrack
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Susan Lenz.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-0003 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: Fire Fighter Engineer John Kluve, (Workers' Compensation Appeals Board, Case No. ADJ8881262)
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(a) of the Government Code.
Legislation Text
3.2 22-0005 CONFERENCE WITH LABOR NEGOTIATOR
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.
Legislation Text
3.3 22-0007 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(b).
Legislation Text
4. PUBLIC COMMENT
None
5. RECESS TO CLOSED SESSION
The Council recessed to Closed Session at 4:31 PM. The Council returned from Closed Session and recessed at 4:45 PM
6. REGULAR SESSION CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call
Present:
Paul Canepa
Christina Fugazi
Sol Jobrack
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
7. INVOCATION/PLEDGE TO FLAG
The pledge was led by Councilmember Lenz
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney John Luebberke reported that there was no reportable action taken this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
None
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Kathleen Gapusan - homeless
Stephen Griffen - Port Commissioner; thanked Council for reappointment
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote.
Moved by
: Sol Jobrack, seconded by Paul Canepa.
Vote
: Motion carried 7-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.1 21-0924 REFUND OF WASTEWATER SERVICE OVERCHARGES TO TANKERWASH USA, INC.
Resolution 2022-01-11-1201
authorizing the refund of Wastewater overcharges to Tankerwash USA, Inc. in the amount of $253,382.55 Legislation Text
Proposed Resolution
Approved Resolution 2022-01-11-1201
12.2 22-0004 ACCEPT COMMITTEE MINUTES FOR FILING
Motion 2022-01-11-1202
accepting for filing minutes from the Stockton Citizens Redistricting Advisory Commission meeting of October 11, 2021 Legislation Text
Attachment A - Minutes
12.3 22-0012 APPROVAL OF CITY COUNCIL MINUTES
Motion 2022-01-11-1203
approving the minutes from the Special City Council meeting of November 10, 2021 and the City Council meeting of December 7, 2021.
Legislation Text
Attachment A - 2021-11-10 Minutes
Attachment B- 2021-12-07 Minutes
12.4 21-0867 ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE SUPPLEMENTAL GRANT FUNDING FROM THE U.S. SMALL BUSINESS ADMINISTRATION FOR THE SHUTTERED VENUE OPERATORS GRANT Resolution 2022-01-11-1204:
1. Approving and authorizing the City Manager, or designee, to execute all necessary documents with the U.S. Small Business Administration (SBA) to accept and deliver all supplemental grant funding from the Shuttered Venue Operators Grant (SVOG);
2. Authorizing the City Manager, or designee, to accept and appropriate all supplemental grant revenues and expenditures;
3. Authorizing the City Manager, or designee, to take all actions necessary and appropriate to carry out the intent of the resolution.
Legislation Text
Attachment A - Resolution No. 2021-09-28-1204
Proposed Resolution - SVOG SUPPLEMENTAL AWARD
Approved Resolution 2022-01-11-1204
12.5 21-0868 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 7823 AND 7826 AMBER WAY Resolution 2022-01-11-1205:
1. Authorizing the filing of Notice of Exemption No.25-21 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 7823 Amber Way, APN 077-300-02 and 7826 Amber Way, APN 077-300-01.
2. Authorizing the disposition of the City-owned parcels located at 7823 and 7826 Amber Way to Skyway Builders Developers, LLC in the amount of $60,000.
3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Skyway Builders Developers, LLC.
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinity Map - 7823 & 7826 Amber
Attachment B - Aerial Map - 7823 & 7826 Amber
Attachment C - AdminDirective - HRD02 - Sale of RP
Attachment D - Resolution 2021-05-11-1204
Proposed Reso - Amber Way
Exhibit 1 - NOE25-21 - Excess Real Property
Exhibit 2 - PSA - 7823 & 7826 Amber
Approved Resolution 2022-01-11-1205
12.6 21-0782 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 25 NORTH GRANT AND 725 EAST MAIN STREET Resolution 2022-01-11-1206:
1) Authorizing the filing of Notice of Exemption No. 25-21 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 25 North Grant Street, APN 149-180-17 and 725 East Main Street, APN 149-180-21. 2) Authorizing the disposition of the City-owned parcels located at 25 North Grant and 725 East Main Street to Dru Hunt in the amount of $60,000. 3) Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Dru Hunt. 4) Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Resolution 02-0399 & 02-0577
Attachment B - Vicinity Map - Grant & Main
Attachment C - Aerial Map - Grant & Main
Attachment D - Administrative Directive HRD-02
Attachment E - Resolution 2021-05-11-1204
Proposed Reso - Grant & Main - Hunt
Exhibit 1 - NOE25-21 - Excess Real Property
Exhibit 2 - PSA - 25 N Grant & 725 E Main - Dru Hunt
Approved Resolution 2022-01-11-1206
12.7 21-0844 ADOPT RESOLUTION TO APPROVE A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2022-2023 Resolution RDA 2022-01-11-1207:
1. Approving the Recognized Obligation Payment Schedule for the period of July 1, 2022, through June 30, 2023, (Exhibit 1 to the Resolution) as required under Health and Safety Code section 34177(o).
2. Authorizing the Executive Director to take necessary and appropriate actions to carry out the purpose and intent of the resolution.
Legislation Text
Attachment A - Resolution No. 11-0251
Attachment B - City Loans - Letter from California DOF
Proposed Resolution - ROPS
Exhibit 1
Approved Resolution 2022-01-11-1207
12.8 21-0930 MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. FOR BENEFITS CONSULTING SERVICES Motion 2022-01-11-1208
authorizing the City Manager to execute an Agreement (Attachment A) with Alliant Insurance Services, Inc. for benefits consulting services. Authorizing the City Manager to take appropriate action to carry out the purpose and intent of this agreement.
Legislation Text
Attachment A - Alliant Service Agreement
12.9 21-0854 ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP INSTALLATION PROJECT Resolution 2022-01-11-1209:
1. Approving the Notice of Exemption No. NOE47-21 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD21004.
2. Approving the plans and specifications for the ADA Curb Ramp Installation, Project No. WD21004.
3. Awarding a Construction Contract in the amount of $549,000 to J.J.R. Construction, Inc. of San Mateo, CA, for the ADA Curb Ramp Installation, Project No. WD21004.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Project Location List
Attachment B - Project Location Map
Attachment C - JJR Bid Protest Letter
Attachment D - HBC Bid Protest Response Letter
Attachment E - COS Bid Protest Determination Letter
Proposed Resolution
Exhibit 1 - NOE47-21
Exhibit 2 - Construction Contract
Approved Resolution 2022-01-11-1209
12.10 21-0855 ADOPT RESOLUTION TO AUTHORIZE THE TREE REMOVAL AND STUMP GRIND PROJECT Resolution 2022-01-11-1210:
1. Approving the Notice of Exemption No. NOE60-21 under the California Environmental Quality Act for the Tree Removal and Stump Grind, Project No. WD22004.
2. Approving the specifications for the Tree Removal and Stump Grind, Project No. WD22004.
3. Awarding a Service Contract in the amount of $118,700 to West Coast Arborists, Inc. of Stockton, CA, for the Tree Removal and Stump Grind, Project No. WD22004.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Project Map
Attachment B - Location List
Proposed Resolution
Exhibit 1 - NOE60-21
Exhibit 2 - Contract for Services
Approved Resolution 2022-01-11-1210
12.11 21-0825 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE ZEPHYR ROAD WATER MAIN CONNECTION PROJECT Motion 2022-01-11-1211:
1. Awarding a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $108,490, for design of the Zephyr Road Water Main Connection, Project No. UH20003.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
Authorizing the City Manager take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
12.12 21-0690 ADOPT RESOLUTION TO AUTHORIZE THE STOCKTON SOCCER COMPLEX UPGRADES AND MAINTENANCE PROJECT Resolution 2022-01-11-1212:
1. Approving the Notice of Exemption No. NOE22-20 under the California Environmental Quality Act for the Stockton Soccer Complex Upgrades and Maintenance, Project No. CR15010.
2. Approving the plans and specifications for the Stockton Soccer Complex Upgrades and Maintenance, Project No. CR15010.
3. Awarding a Construction Contract in the amount of $2,596,927 to McFadden Construction, Inc. of Stockton, CA, for the Stockton Soccer Complex Upgrades and Maintenance, Project No. CR15010.
Authorizing the City Manager take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinity Map
Attachment B - Lease Agreement
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract - CWTA
Approved Resolution 2022-01-11-1212
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-0040 UPDATE ON THE POINT-IN-TIME COUNT
Information only. No action taken.
Legislation Text
Powerpoint Presentation
16. HEARINGS
16.1 21-0955 APPROVE RESOLUTION IN CONNECTION WITH CREATION OF IMPROVEMENT AREAS 3 AND 4 THROUGH A EDUCTION IN SIZE TO IMPROVEMENT AREA 2 AND RELATED CHANGES IN COMMUNITY FACILITIES DISTRICT 2018-2 (WESTLAKE VILLAGES II) (THE "DISTRICT") Legislation Text
Proposed Resolution
Exhibit 1 - Improvement Areas 1, 2, and 3
Exhibit 2 - Rate and Method of Apportionment - IA3
Exhibit 3 - Rate and Method of Apportionment - IA4
Exhibit 4 - CFD Report
16.1 PPT - Westlake Villages II
Approved Resolution 2022-01-11-1601
Approve
Resolution 2022-01-11-1601
ordering changes affecting certain parcels within Improvement Area 2 of Community Facilities District 2018-2 (Westlake Villages II) ("CFD2018-2"), establishing Improvement Area 3 and Improvement Area 4 in the district, and directing recording of amended notice of special Tax lien.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
Moved by
: Susan Lenz, seconded by Paul Canepa.
Vote
: Motion carried 7-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
16.2 21-0777 ADOPT A RESOLUTION REVOKING A MASTER DEVELOPMENT PLAN AND TERMINATING THE DEVELOPMENT AGREEMENT FOR THE OPEN WINDOW PROJECT Legislation Text
Attachment A - Location Map and Aerial Photography
Attachment B - Termination Request from Applicant
Attachment C - Planning Commission Resolution 20221-11-18-0504 Proposed Resolution - OWP MDP Termination
Exhibit 1 - OWP MDP
Proposed Ordinance - OWP DA Termination
Exhibit 1 - DA
16.2 PPT - Open Window Project
Approved Resolution 2022-01-11-1602
Approved Ordinance 2022-01-11-1602
Approve
Resolution 2022-01-11-1602
revoking the Open Window Project Master Development Plan (MDP); and Ordinance 2022-01-11-1602
Terminating the Development Agreement (DA) for the Open Window Project.
Authorizing the City Manager take appropriate and necessary actions to carry out the purpose and intent of the resolution and ordinance.
Moved by
: Christina Fugazi , seconded by Daniel Wright.
Vote
: Motion carried 7-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
16.3 21-0943 APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A TIME EXTENSION REQUEST FOR TEMPORARY ACTIVITY PERMIT P20-0824 FOR A FOOD TRUCK PARK USE AT 2107 WEST LANE (APN 117-090-11) Legislation Text
Attachment A - Temporary Activity Permit P20-0824
Attachment B - TAP Extension Determination P21-0383
Attachment C - Appeal of Determination
Attachment D - Planning Commission Staff Report 7-22-2021 Attachment E - Planning Commission Minutes 7-22-2021
Attachment F - TAP P21-0757 Denial
Attachment G - Planning Commission Resolution 2021-08-26-0302 Attachment H - Appeal of Planning Commission Approval
Attachment I - Site and Floor Plans
Attachment J - Reports and Calls for Service
Proposed Resolution - Recommending Denial
Exhibit 1 - Proposed Site Map
16.3 PPT - Food Truck Park Appeal
Approved Resolution 2022-01-11-1603
The following persons spoke to the agenda item: Veronica Siaius, Robert Arias, Kenneith Foster, Monica Buo, Tomas Suarez, David Tran, Mariah Taloa and David Fujimura The following provided electronic comments: Ben Rishwain, Jennifer Home, guest user, Rusty Abernathy and Maria Rodriguez Electronic Public Comment
Approve
Resolution 2022-01-11-1603
denying the appeal and upholding the Planning Commission's approval, and conditions of approval, of a Time Extension Request for Temporary Activity Permit P20-0824 for a food truck park use at 2107 West Lane.
Moved by
: Susan Lenz, seconded by Sol Jobrack.
Vote
: Motion carried 7-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Vice Mayor Fugazi - Stockton restaurant week; thanked Councilmembers, Chief Chraska, Nancy Lamb, Supervisor Villapudua participating in polar plunge challenge; thanked Public Works Department, update on projects done in 2021; clean city initiative; homeless; Moment of silence for Beverly Fitch McCarthy Councilmember Warmsley - Weston Ranch High School community parade; thanked Nancy Lamb; National Association for the Advancement of Colored People virtual Martin Luther King Jr run; brotherhood park; infrastructure stimulus; illegal dumping Councilmember Canepa - community support during holidays; thanked Vice Mayor Fugazi; upcoming meetings Councilmember Jobrack - illegal dumping
Mayor Lincoln - Moment of silence for Beverly Fitch McCarthy
19. ADJOURNMENT - 7:49 PM
INFORMATIONAL ITEMS
1. 22-0017 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Information only. No action taken.
Legislation Text
Audit Committee 2021-07-12
Audit Committee 2021-10-18
CSC 2021-08-19
CSC 2021-09-27
CSC 2021-10-21
Measure A 2021-06-11
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK