MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF April
5, 2022
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA Note: The CLOSED SESSION of the City Council of the City of Stockton scheduled for 4:00 PM was cancelled.
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-0333 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 22-0334 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 22-0335 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 22-0336 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 22-0337 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 22-0338 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
Grant Hawes, Pastor at Quail Lakes Baptist Church provided the invocation and Councilmember Warmsley led the pledge.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Closed Session was cancelled this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 22-0331 PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 10-16, 2022 Legislation Text
RECIPENTS: Brandy Thomas, Police Services Manager, Chief Edwards, and Captain Sajor Rick Edwards, Fire Chief - thanked Mayor and City Council; recognized telecommunicators
10.2 22-0332 PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL APPRECIATION WEEK - APRIL 10-16, 2022 Legislation Text
RECIPIENTS: Captain Sajor
Captain Sajor - thanked Mayor and Council; recognized SSPA, Stockton Animal shelter, and Animal Protection League
10.3 PROCLAMATION - SEXUAL ASSAULT AWARENESS MONTH
10.4 PROCLAMATION - NATIONAL CHILD ABUSE PREVENTION MONTH
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Kathleen Gapusan - Salary Setting Commission; Parks and Recreation, Victory Park Pool Glenn Miller - Stockton General Plan, spice mill, rezoning; violence Julie Devincenzi - preservation of trees
Stephanie Lee - violence in Stockton, District Attorney, grandson’s murder, Stockton Police Department, parks and schools (document filed) Document Filed by Stephanie Lee
Barry Oaks - withdrew time
Mark Stebbins - equity for South Stockton, Van Buskirk golf course, Stockton Fairgrounds housing proposal, amusement park
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save items 12.7 and 12.10 which were heard separately.
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.
12.1 22-0273 APPOINTMENT TO WATER ADVISORY GROUP
Resolution 2022-04-05-1201
authorizing the appointment of Daniel Nuss to the Council Water Committee's Water Advisory Group (WAG) for a term commencing immediately and expiring January 31, 2025 Legislation Text
Attachment A - Redacted Application
Proposed Resolution - Appointment to the Water Advisory Group Approved Resolution 2022-04-05-1201
12.2 22-0161 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR THE WESTLAKE VILLAGES, UNIT NO. 11 - VILLAGE E (TRACT NO. 3578) PROJECT Resolution 2022-04-05-1202
:
1. Approving the final map for Westlake Villages, Unit No. 11 - Village E, Tract No. 3578; and
2. Authorizing the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Westlake Villages, Unit No. 11 - Village E, Tract No. 3578.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Attachment A - Vicinity Map
Proposed Resolution - Recommending Approval
Exhibit 1 - Map Agreement
Exhibit 2 - Final Map
Approved Resolution 2022-04-05-1202
12.3 22-0186 ADOPT ORDINANCE ACCEPTING THE RECOMMENDATION OF THE CITY COUNCIL SALARY SETTING COMMISSION TO MAKE NO CHANGES TO THE SALARY AND BENEFITS OF THE CITY COUNCIL IN ACCORDANCE WITH ARTICLE IV, SECTION 410, OF THE CITY CHARTER Ordinance 2022-04-05-1203
accepting the recommendation of the City Council Salary Setting Commission (Commission) to make no changes to the salary and benefits for the Councilmembers of the City of Stockton as currently established by Sections 2.08.040 and 2.08.050 of the Stockton Municipal Code.
Legislation Text
Attachment A - Salary Setting Commission Memo
Proposed Ordinance - City Council Salary
Approved Ordinance 2022-04-05-1203
12.4 22-0193 APPROVE A MOTION TO ENTER INTO A COOPERATIVE PURCHASING AGREEMENT WITH DELL MARKETING L.P. THROUGH THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES.
Motion 2022-04-05-1204
:
1. Approving the use of the State of California, Department of General Services Leveraged Procurement Agreement (LPA), California Multiple Award Schedule, (CMAS) Agreement No. 3-16-70-0012B with Dell Marketing L.P. to provide the City access to preferential pricing of Information Technology products and services.
2. Authorizing the City Manager to execute a multi-year Cooperative Purchasing Agreement, expiring November 19, 2025, in an amount not to exceed $4,000,000 with Dell Marketing L.P., for the purchase of Information Technology products and services;
3. Authorizing the City Manager to extend the Cooperative/Piggyback Agreement with Dell Marketing L.P. by a written amendment in the event the underlying agreement is extended with the Department of General Services for MAS Contract Number GS-35F-059DA, in an amount not to exceed the estimated baseline annual spend of $850,000 for FY 2022-23 plus a compounded inflation rate of 2%;
4. Approving findings which support and justify an exception to the competitive bid process; and
5. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Legislation Text
Attachment A - Cooperative Agreement Dell CMAS
12.5 22-0106 APPROVE THREE (3) CONTRACTS FOR THE PURCHASE OF WATER TREATMENT CHEMICALS FOR THE MUNICIPAL UTILITIES DEPARTMENT Resolution 2022-04-05-1205
:
1. Approving contracts with three (3) suppliers (USALCO Modesto Plant, LLC, WestAir Gases & Equipment, Inc., and Pacific Star Chemical) for the purchase of three (3) chemicals (liquid oxygen, aluminum chlorohydrate, and sulfuric acid) to be used for water treatment; and
2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - Aluminum Chlorohydrate Agreement 2022
Exhibit 2 - Liquid Oxygen Agreement 2022
Exhibit 3 - Sulfuric Acid Agreement 2022
Approved Resolution 2022-04-05-1205
12.6 22-0136 APPROVE MOTION TO AUTHORIZE THE SANITARY SEWER SMALL DIAMETER LINES REPLACEMENT PROJECT Motion 2022-04-05-1206
:
1. Awarding a Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $183,054, for design of the Sanitary Sewer Small Diameter Lines Replacement, Project No. UW21016.
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 - Vicinity Map
Attachment B - Professional Services Contract
12.7 22-0140 ADOPT RESOLUTION TO AUTHORIZE THE RESIDENTIAL STREETLIGHT LED REPLACEMENT PROJECT Legislation Text
Attachment A - Location Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Contract with Bear Electrical Solutions
Approved Resolution 2022-04-05-1207
Approve
Resolution 2022-04-05-1207
:
1. Approving the Notice of Exemption No. NOE66-21 under the California Environmental Quality Act for the Residential Streetlight LED Replacement, Project No. WT22005.
2. Approving the plans and specifications for the Residential Streetlight LED Replacement, Project No. WT22005.
3. Awarding a Construction Contract in the amount of $221,907 to Bear Electrical Solutions, Inc. of Alviso, CA, for the Residential Streetlight LED Replacement, Project No. WT22005.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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.
12.8 22-0177 ADOPT RESOLUTION TO AUTHORIZE THE RAISED MEDIAN ALONG PACIFIC AVENUE PROJECT Resolution 2022-04-05-1208
:
1. Approving the Notice of Exemption No. NOE17-19 under the California Environmental Quality Act for the Raised Median Along Pacific Avenue, Project No. WT17017/Federal Project No. HSIPL-5008(164).
2. Approving the plans and specifications for the Raised Median Along Pacific Avenue, Project No. WT17017/Federal Project No. HSIPL-5008(164).
3. Appropriating additional funds in the amount of $320,700 from the Public Facility Fees Streets Fund Balance to the Raised Median Along Pacific Avenue, Project No. WT17017/Federal Project No. HSIPL-5008(164).
4. Appropriating additional Highway Safety Improvement Program funds in the amount of $409,515 to the Raised Median Along Pacific Avenue, Project No. WT17017/Federal Project No. HSIPL-5008(164).
5. Awarding a Construction Contract in the amount of $1,238,000 to California Highway Construction Group, Inc. of Concord, CA, for the Raised Median Along Pacific Avenue, Project No. WT17017/Federal Project No. HSIPL-5008(164).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2022-04-05-1208
12.9 22-0225 ADOPT RESOLUTION TO AUTHORIZE THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT PROJECT Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Note: A memorandum to the Council, dated April 5, 2022 regarding Item 12.9 was distributed around the bench and filed.
Around the Bench Memo
Note: Item 12.9 was pulled by staff and will be heard at the meeting of April 19, 2022
12.10 22-0229 APPROVE PURCHASE OF SEVEN POLICE BMW MOTORCYCLES Legislation Text
Attachment A - Long Beach BMW Quote
Attachment B - Vehicle Replacement List
Approve
Motion 2022-04-05-1210
purchasing seven police BMW motorcycles from Long Beach BMW, of Long Beach, CA, in the total amount of $212,256.87.
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 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.
12.11 22-0237 ADOPT RESOLUTION TO AUTHORIZE THE MCNAIR SOCCER COMPLEX PHASE 2 PROJECT Resolution 2022-04-05-1211:
1. Approving the Notice of Exemption No. NOE59-21 under the California Environmental Quality Act for the McNair Soccer Complex Phase 2, Project No. CR16024.
2. Approving the plans and specifications for the McNair Soccer Complex Phase 2, Project No. CR16024.
3. Awarding a Construction Contract in the amount of $325,924.84 to TBS Contractors of Merced, CA, for the McNair Soccer Complex Phase 2, Project No. CR16024.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Contract with TBS Contractors
Approved Resolution 2022-04-05-1211
12.12 22-0079 ADOPT RESOLUTION TO AUTHORIZE THE BUS RAPID TRANSIT PHASE 1-B CORRIDOR IMPROVEMENTS PROJECT Resolution 2022-04-05-1212:
1. Approving the Notice of Exemption No. NOE16-21 under the California Environmental Quality Act for the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).
2. Approving the plans and specifications for the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).
3. Transferring funds in the amount of $13,500 from the Traffic Signal Modification Program, Project No. WT15029, to the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).
4. Transferring funds in the amount of $251,500 from the Public Facility Fees Streets Fund Balance to the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).
5. Awarding a Construction Contract in the amount of $1,092,918.50 to Bear Electrical Solutions, Inc. of Alviso, CA, for the Bus Rapid Transit Phase 1-B Corridor Improvements, Project No. WT15015/Federal Project No. CML-5008(148).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2022-04-05-1212
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-0330 UPDATE FROM STOCKTON SHELTER FOR THE HOMELESS REGARDING NAVIGATION CENTER AND MEN’S EXPANSION Informational only. No action taken.
Legislation Text
15.1 - PPT - Stockton Shelter Update
16. HEARINGS
16.1 22-0238 PUBLIC HEARING FOR THE APPROVAL OF AN ORDINANCE FOR MILITARY EQUIPMENT USE BY THE STOCKTON POLICE DEPARTMENT AS MANDATED BY CHAPTER 12.8 (COMMENCING WITH SECTION 7070), TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE RELATING TO MILITARY EQUIPMENT USAGE Legislation Text
Attachment A - Assembly Bill 481
Attachment B - AB 481 Ordinance DRAFT
Attachment C - SPD Military Equipment Usage
16.1 - PPT - AB 481
Approved Ordinance 2022-04-05-1601
Approve
Ordinance 2022-04-05-1601
authorizing the Stockton Police Department to continue the use of any military equipment which was acquired prior to January 1, 2022.
Moved by
: Paul Canepa, 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.
16.2 22-0230 ADOPT A RESOLUTION TO APPROVE AN AMENDMENT TO THE 2020-2024 CONSOLIDATED PLAN, AND AN AMENDMENT TO THE 2021-2022 ANNUAL ACTION PLAN, AND ACCEPT AND APPROPRIATE THE HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) AMERICAN RECOVERY SUPPLEMENTAL ACT FUNDING FOR ACTIVITIES TO MITIGATE AND CONTAIN THE SPREAD OF COVID-19 Legislation Text
Proposed Resolution
Exhbit 1 - Substantial Amend. ConPlan-Action Plan
16.2 - PPT - HOME ARPA Funding
Approved Resolution 2022-04-05-1602
Approve
Resolution 2022-04-05-1602
:
1. Amending the 2020-2024 Consolidated Plan, 2021-2022 Annual Action Plan,
2. Approving and accepting the HOME-ARPA funding allocation of $6,380,677,
3. Approving and authorizing the execution of the HOME-ARPA Standard Agreement, and any associated documents, with the Department of Housing and Urban Development (HUD) to accept grant funding; and,
4. Authorizing the City Manager, or designee, to appropriate grant funds and to take necessary actions to carry out the purpose and intent of this resolution.
Moved by
: Christina Fugazi , 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.
16.3 22-0166 ADOPT A RESOLUTION APPROVING AN ADDENDUM TO THE STOCKTON GENERAL PLAN ENVIRONMENTAL IMPACT REPORT AND AMENDMENTS TO THE GENERAL PLAN LAND USE MAP, AND AN ORDINANCE AMENDING THE STOCKTON CITYWIDE ZONING MAP AND TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH THE STOCKTON 2040 GENERAL PLAN AND CHANGES TO STATE LAW Legislation Text
Attachment A - Guiding Principles
Attachment B - Summary of Outreach Efforts
Attachment C - Proposed GPLU Maps
Attachment D - Proposed Zoning Maps
Attachment E - Proposed Property Amendment List
Attachment F - Proposed Code Amendments
Attachment G - Approved PC Resolution
Proposed Resolution - GPLU Map
Exhibit1 - GPLU Map
Proposed Resolution - GPEIR Addendum
Exhibit 1 - GPEIR Addendum
Ordinance - Proposed Zoning Map Amendments
Exhibit 1 - Proposed Zoning Map
Exhibit 2 - Proposed Property List
Ordinance - Proposed Development Code Amendments
16.3 - PPT - Land Use Inconsistency Effort
Note: A memorandum to the Council, dated April 5, 2022 regarding Item 16.3 was distributed around the bench and filed.
Around the Bench Memo
The following persons spoke to this item: Ruslan Moroz; Michael Sousa; Mark Stebbins; Hao Nguyen; Sameer Madady; Tony Fasso The following person provided electronic public comment sent as council correspondence: Terry McDonald Electronic Public Comment
Approve
Motion 2022-04-05-1603
tabling this item for 30 days, directing staff to provide additional outreach partnering with community organizations, finding what additional uses above the light industrial overlay, looking at the impact legal non-conforming and returning to Council with proposed changes.
Moved by
: Sol Jobrack, seconded by Susan Lenz.
Vote
: Motion carried 6-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, and Kimberly Warmsley.
Absent
: Daniel Wright.
17. CITY MANAGER’S UPDATE
Harry Black, City Manger - Clean City Initiative, beautification event, Pixie Woods April 9, 2022; drive through recycling event, April 16, 2022; Weber Point shade structure replacement; Stribley Park lighting project completion; Police Chief Town Hall April 20, 2022, 5:30 PM Bob Hope Theater.
18. COUNCIL COMMENTS
Councilmember Fugazi - Stribley Community Center, public open house, Stockton Diamond Project, April 6, 2022, 4:30 PM; cheer competition; Weber Point Canopy; drought water conservation, healthy trees; Buena Vista and Mt. Diablo Safe Routes to School grant; cement blocks at Slough entrance; homeless Turnpike; Chamber clock; City Arborist; Hunter House funding; close in memory of Wilhelmina Henry Councilmember Canepa - Presentation of Colonial Heights second grade class book to Mayor Lincoln; item 12.9; assault vehicles, spending limit; Stockton Royal; Pixie Woods, beautification event, April 9, 2022 Councilmember Warmsley - Tree planting at Brotherhood Park; Stockton Rise event, Conway Homes; pet adoption; Natural Do; Amelia Adams Whole Life Center; Commercial Kitchen at Bella Vista; public speaker, grandmother, children and violence; city projects, departments; Weston Ranch blight and theft; Wilhelmina Henry, lowering the flag; South Stockton Women Rise Celebration Mayor Lincoln - thanked Colonial Heights students; coffee townhall at The Well, April 7, 2022 at 5:30 PM; Grand Marshall opening day Delta Parade; close meeting moment of silence Wilhelmina Henry
19. ADJOURNMENT - 8:44 PM
INFORMATIONAL ITEMS
1. 22-0169 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2021 ANNUAL REPORT Informational item only. No action was taken.
Legislation Text
Attachment A - 2021 Annual Report to Council
Attachment B - 2021 Attendance Roster
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK