MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent - Closed Session Cancelled MEETING OF March
1, 2022
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-0200 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404) This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code.
Legislation Text
3.2 22-0202 CONFERENCE WITH LABOR NEGOTIATOR
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.
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3.3 22-0206 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.
Legislation Text
3.4 22-0208 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.
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3.5 22-0212 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
City Clerk
This Closed Session is authorized pursuant to Government Code section 54957.
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3.6 22-0210 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
5. RECESS TO CLOSED SESSION
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 Canepa
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
There was no Closed Session held this evening
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 22-0185 COMMENDATION:
30TH ANNIVERSARY OF THE FILIPINO AMERICAN NATIONAL HISTORICAL SOCIETY Legislation Text
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
The following persons provided electronic public comments that where forwarded as Council correspondence: Madeleine Kirkconnell, Barbra Barrigan-Parrilla, Jackie Morales, Jewelian Johnson, Tehreem Khan, London Smith, guest user, David Sengthay, Donald Donaire and Sharee Mansarau Electronic Public Comment
Cynthia Gail Boyd - Stockton crime; Mayor Lincoln
Bobby Bivens - City Manager Harry Black
Kathleen Gapusan - City Manager Harry Black; Police Chief; Erin Brockovich; cannabis Ralph White - City Manager Harry Black; diversity, police and fire department Gloria Allen - Van Buskirk Golf course, McKinley Park, revitalize southwest Stockton Kathleen Gapusan - spoke to item 12.1, City Manager Black contract Bob Gutierrez - spoke to item 12.1, thanked City staff
Lisa Vela - spoke to item 12.1, thanked City staff and City Manager Black Barry Oaks - spoke to item 12.1, Chief Jones retirement; City Manager Black
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for items 12.1, 12.3, and 12.8 which were considered separately 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 22-0233 APPROVE BY MOTION AMENDMENTS TO THE CONTRACT OF EMPLOYMENT FOR CITY MANAGER HARRY BLACK Legislation Text
Draft First Amended Contract for City Manager
Approve
Motion 2022-03-01-1201
approving amendments to the employment contract of City Manager Harry Black Moved by
: Daniel Wright, seconded by Susan Lenz.
Vote
: Motion carried 5-2
Yes
: Paul Canepa, Sol Jobrack, Susan Lenz, Kimberly Warmsley, and Daniel Wright.
No
: Christina Fugazi , and Kevin J Lincoln II.
12.2 22-0231 APPROVAL OF CITY COUNCIL MINUTES
Motion 2022-03-01-1202
approving the minutes from the City Council meeting of December 14, 2021.
Legislation Text
Attachment A - 2021-12-14 Minutes
12.3 22-0095 ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH YMCA OF SAN JOAQUIN FOR THE MANAGEMENT AND OPERATION OF SOUSA, BROOKING, HOLIDAY, AND OAK PARK POOLS Legislation Text
Proposed Resolution - YMCA 2022
Exhibit 1 - Management Agreement with YMCA
Approved Resolution 2022-03-01-1203
Approve
Resolution 2022-03-01-1203:
1) Authorizing the City Manager to execute a three-year agreement with the YMCA of San Joaquin for a total amount of $405,000 ($135,000 per year) for the management and operation of Brooking, Holiday, Oak, and Sousa Park Pools, including two additional one-year mutual options, at which time staff will return to Council for approval of additional expenditures; and 2) Approving findings that support and justify an exception to the competitive bidding process.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Daniel Wright, 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.
12.4 22-0145 ADOPT A RESOLUTION APPOINTING MAXIMILIAN CAO TO THE STOCKTON ARTS COMMISSION Resolution 2022-03-01-1204:
1. Appointing Maximilian Cao to the Stockton Arts Commission with term to commence immediately upon approval.
2. Authorizing the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
Legislation Text
Attachment A - Redacted Application - Maximilian Cao
Proposed Resolution
Approved Resolution 2022-03-02-1204
12.5 21-0957 AWARD A CONTRACT TO SYNAGRO-WWT, INC. FOR THE DIGESTER C CLEANING Resolution 2022-03-01-1205:
1. Approving the filing of Notice of Exemption No. NOE73-21 under the California Environmental Quality Act (CEQA) for the Digester C Cleaning, (Exhibit 1 to the Resolution).
2. Approving the project plans and specifications for the Digester C Cleaning.
3. Awarding a $949,940 contract to Synagro-WWT, Inc. of Baltimore, Maryland for the Digester C Cleaning, (Exhibit 2 to the Resolution).
Authorizing the City Manager take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2022-03-01-1205
12.6 22-0086 AUTHORIZE CONTRACT AMENDMENT NO. 2 WITH USALCO, LLC FOR PURCHASE OF WASTEWATER TREATMENT POLYMER AND AMEND THE FISCAL YEAR 2021-22 ANNUAL BUDGET Resolution 2022-03-01-1206:
1. Authorizing contract Amendment No. 2 (Exhibit 1 to the Resolution) in the amount of $2,500,000 with USALCO, LLC of Modesto, CA for the purchase of polymer for wastewater treatment; and
2. Appropriating funds in the amount of $920,000 from the Wastewater Utility Fund balance to the Wastewater Treatment Plant Operations, Maintenance & Repairs Services account.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - CalChem Contract
Attachment B - USALCO - CCO1
Attachment C - Stockton Price Increase 2022
Proposed Resolution
Exhibit 1 - USALCO - CCO2
Approved Resolution 2022-03-01-1206
12.7 21-0852 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT MANAGEMENT Motion 2022-03-01-1207:
1. Awarding a multi-year Professional Services Contract through December 31, 2026, with Siegfried Engineering, Inc. of Stockton, CA, in the amount not-to-exceed $877,062.00, to provide services for the Landscape and Lighting Maintenance Assessment District Management, Project No. OM-21-088.
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 to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Professional Services Contract
12.8 22-0042 APPROVE MOTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 3 FOR THE LEFT-TURN LANES AT VARIOUS LOCATIONS PROJECT Legislation Text
Attachment A - Vicinity Map
Attachment B - Balancing CCO No. 3
Approve
Motion 2022-03-01-1208
authorizing a Balancing Contract Change Order No. 3, in the amount of $83,215, with B&M Builders, Inc., for the Left-Turn Lanes at Various Locations, Project No. WT17020/Federal Project No. CML-5008(169).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Christina Fugazi , seconded by Susan Lenz.
Vote
: Motion carried 7-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-0191 SJAFCA PRESENTATION ON THE LOWER SAN JOAQUIN RIVER PROJECT, TEN MILE SLOUGH LEVEE IMPROVEMENTS Legislation Text
15.1 - PPT - SJAFCA Informational Presentation
Informational only. No action taken.
15.2 22-0114 ADOPT A RESOLUTION TO APPROVE THE MIRACLE MILE IMPROVEMENT DISTRICT PROPOSED 2022 ANNUAL OPERATING BUDGET AND 2021 ANNUAL REPORT Legislation Text
Attachment A - MMID Boundary Map
Proposed Resolution 2022 MMID
Exhibit 1 - MMID 2022 Budget
Exhibit 2 - MMID 2021 Annual Report
15.2 - PPT - MMID City Council Presentation 2022
Approved Resolution 2022-03-01-1502
Approve
Resolution 2022-03-01-1502:
1. Approving the proposed 2022 Operating Budget for the Property Based Improvement District commonly known as the Miracle Mile Improvement District;
2. Approving the 2021 Annual Report for the Miracle Mile Improvement District; and
3. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.
Moved by
: Susan Lenz, seconded by Christina Fugazi .
Vote
: Motion carried 7-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
15.3 22-0183 ACCEPT FISCAL YEAR 2021-22 FIRST QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS Legislation Text
Attachment A - FY 2020-21 First Quarter-General Fund
Proposed Resolution - First Quarter Budget Update
15.3 - PPT - First Quarter Budget Update
Approved Resolution 2022-03-01-1503
Approve
Resolution 2022-03-01-1503:
1. Accepting this budget status report on the unaudited results of the first quarter of Fiscal Year (FY) 2021-22.
2. Approving five budget amendments in the Office Equipment Internal Service Fund, Municipal Utilities Department Water, Stormwater, and Wastewater Utilities funds, and the Fire Department General Fund budget.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Christina Fugazi , 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.
15.4 22-0234 DISCUSSION ON SUSD’S PROPOSED FAMILY RESOURCE CENTER PARTNERSHIP Legislation Text
Approve
Motion 2022-03-01-1504
directing City Manager Harry Black to have discussions with SUSD to come back to Council no later than May 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.
The following persons spoke to the agenda item: Irma Rubio, Kathleen Gapusan and Gloria Allen
15.5 22-0188 ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD WATER AND WASTEWATER ARREARAGE PAYMENT PROGRAM; APPROVE THE ALLOCATION OF FUNDS AND APPROVE A WAIVER OF ELIGIBLE CUSTOMER LATE FEES Legislation Text
Proposed Resolution
15.5 - PPT - California Water and Wastewater Arrearage Payment Program Approved Resolution 2022-03-01-1505
Approve
Resolution 2022-03-01-1505
:
1. Accepting and appropriating funds from the California State Water Resources Control Board for the Water and Wastewater Arrearage Payment Program in the amount of $1,623,889.31.
2. Approving the allocation of funds in accordance with all Water and Wastewater Arrearage Payment Program requirements.
3. Approving a waiver of customer late payment fees eligible under the Water and Wastewater Arrearage Payment Program.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Moved by
: Paul Canepa, 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.
16. HEARINGS
16.1 22-0050 ADOPTION OF AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLES 5 AND 16 RELATED TO THE CANNABIS REGULATORY PROGRAM Legislation Text
Attachment A - Planning Commission 12-9-21 Minutes
Attachment B1 - Proposed Ordinance - Option 1
Attachment B2 - Proposed Ordinance - Option 2
Attachment B3 - Proposed Ordinance - Option 3
Attachment B4 - Proposed Ordinance - Option 4
Attachment C - Recommendation Summary Matrix
Attachment D - Location Requirement Options
Attachment E - Best Practices Report
Attachment F - Equity Analysis Report
16.1 - PPT - Cannabis Ordinance Amendment
Approved Ordinance 2022-03-01-1601
Approve
Ordinance 2022-03-01-1601
Adopting Ordinance Option 2 Amending Title 5, Chapter 5.98, Section 5.98.020, Chapter 5.99, Section 5.99.030, Chapter 5.100, Sections 5.100.080, 5.100.310; and Title 16, Chapter 16.20, Section 16.20.020 and Chapter 16.80, Section 16.80.195 of the Stockton Municipal Code Relating to the Cannabis Regulatory Program; and Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the ordinance adopted by Council.
Moved by
: Daniel Wright, seconded by Sol Jobrack.
Vote
: Motion carried 6-1
Yes
: Paul Canepa, Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
No
: Christina Fugazi .
The following persons spoke to the agenda item: Kathleen Gapusan and Zack Drivon
17. CITY MANAGER’S UPDATE
City Manager Harry Black - month at a glance update; March 5, 2022 community clean up at Pixie Woods; March 19, 2022 drive thru recycling at Banner Island City Manager’s March 2022 at a Glance
18. COUNCIL COMMENTS
19. ADJOURNMENT - 10:20 PM
Eliza Garza, CMC
STOCKTON CITY CLERK