MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF September
27, 2022
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA
1. CLOSED SESSION CALL TO ORDER/ROLL CALL-4:01 PM
Roll Call
Present:
Christina Fugazi
Sol Jobrack
Kevin J Lincoln II
Kimberly Warmsley
Absent:
Paul Canepa, Susan Lenz, and Daniel Wright.
Note: Councilmember Wright arrived to Closed Session at 4:05 PM
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-0840 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Police Officer David LaBarr, (Workers’ Compensation Appeals Board Case No. ADJ unassigned)
Name of Case: Fire Captain Kevin Walsh, (Workers’ Compensation Appeals Board Case No. ADJ 13581872)
Name of Case: James Weaver, Jr., et al. v. City of Stockton, et al. (Eastern District of California, Case No. 2:20:CV-00990-JAM-JDP)
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.
Legislation Text
3.2 22-0841 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 22-0842 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
This Closed Session is authorized pursuant to Government Code section 54957.
Legislation Text
3.4 22-0843 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
This Closed Session is authorized pursuant to Government Code section 54957.
Legislation Text
3.5 22-0844 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
This Closed Session is authorized pursuant to Government Code section 54957.
Legislation Text
3.6 22-0845 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).
Legislation Text
4. CLOSED SESSION PUBLIC COMMENT
None
5. RECESS TO CLOSED SESSION
The Council recessed to Closed Session at 4:01 PM. The Council returned from Closed Session and reconvened at 4:42 PM
6. REGULAR SESSION CALL TO ORDER/ROLL CALL - 5:32 PM
Roll Call
Present:
Paul Canepa
Christina Fugazi
Sol Jobrack
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Susan Lenz.
7. INVOCATION/PLEDGE TO FLAG
The Invocation was provided by Leslie Harron of Stockton Prayer Strategy Group and the Pledge of Allegiance was led by Councilmember Warmsley
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Lori Asuncion, City Attorney reported in the matter of James Weaver v. the City of Stockton, United States District Court, Eastern District 2:20-CV-0090-JAM-EFB. City Council has voted unanimously to settle this matter in the amount of $300,000 and an agreement not to contest Plaintiff’s petition pursuant to Penal Code Section 851.8 concerning the arrest record regarding this incident. There are no other items to report.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 22-0909 PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK - SEPTEMBER 18-24, 2022 Legislation Text
Recipient: Stanley McFadden, Police Chief
Chief McFadden, Police Chief - thanked the employees
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Brenda Jones - Vice Chair Xavier Mountain position on the Planning Commission Patricia Barrett - street sweeper; motorcycle club funeral Mark Stebbins - City Hall security; Van Buskirk Golf Course Zoyla Moreno - Fourth of July Parade; big box ordinance; Western Ranch Community Council Correspondence - Public Comments
12. CONSENT AGENDA
Approve the consent agenda with a single vote, save item 12.2 which was considered separately Moved by
: Daniel Wright, seconded by Paul Canepa.
Vote
: Motion carried 6-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Susan Lenz.
12.1 22-0860 ACCEPT THE SINGLE AUDIT AND INDEPENDENT AUDITORS’ REPORTS AND THE REPORT ON INTERNAL CONTROLS FOR THE YEAR ENDED JUNE 30, 2021 Motion 2022-09-27-1201
accepting the single audit and independent auditors' report and the report on internal controls for the year ended June 20,2021 Legislation Text
Attachment A - 2021_Stockton_Single Audit_FINAL
12.2 22-0752 APPROVE AN ORDINANCE ADDING TITLE 8, CHAPTER 8.100, TO THE STOCKTON MUNICIPAL CODE RELATING TO PROTECTION OF CRITICAL INFRASTRUCTURE AND WILDFIRE RISK AREAS Legislation Text
Proposed Ordinance - Protection of Critical Infrastructure Approved Resolution 2022-09-27-1202
Approve
Ordinance 2022-09-27-1202
authorizing the City Council approves an ordinance adding Title 8, Chapter 8.100, to the Stockton Municipal Code relating to protection of critical infrastructure and wildfire risk areas.
Moved by
: Paul Canepa, seconded by Christina Fugazi .
Vote
: Motion carried 6-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Susan Lenz.
12.3 22-0684 RESOLUTION TO ADOPT THE SUMMARY VACATION OF A PORTION OF RIGHT- OF- WAY AT "E" STREET Resolution 2022-09-27-1203
:
1) Approving the summary vacation of a portion of the public right-of-way at "E" Street. 2) Authorizing the reservation of a public utility easement. 3) Authorizing the filing of a Notice of Exemption No. 25-22 under the California Environmental Quality Act for the vacation of a portion of public right-of-way at "E" Street; and 4) Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinity map - E Street abandonment
Attachment B - Aerial map - E Street abandonment
Proposed Resolution - E Street abandonment
Exhibit 1 - Legal Description - E Street Abandonment
Exhibit 2 - Plat - E Street abandonment
Exhibit 3 - NOE25-22 - E Street abandonment
Approved Resolution 2022-09-27-1203
12.4 22-0921 ADOPT A RESOLUTION AMENDING THE 2022 AFFORDABLE HOUSING LOAN PROGRAM ALLOCATION Resolution 2022-09-27-1204
:
1. Amending Resolution 2022-07-26-1505 2022 Affordable Housing Loan Program Allocation removing the ten percent cap of City funding available for pre-development expenditures that affected the following four projects:
a. $600,000 to Visionary Home Builders for the 72-unit Casa de Mariposa project; b. $2,227,632 to Delta Community Developers Corp. (Housing Authority of the County of San Joaquin) for the 51-unit Park Center Apartments project; c. $2,242,609 to Service First of Northern California for the 105-unit Fontana Towers project; and d. $816,821 to the Central Valley Low Income Housing Corp. and Stocktonians Taking Action to Neutralize Drugs (STAND) for the 30-unit Shared Housing Infill Project for the Homeless.
2. Authorizing the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of this resolution, including the execution of loan documents and the reallocation of funding sources.
Legislation Text
Attachment A - Approved Resolution 2022-07-26-1505
Proposed Resolution - Amended 2022 Housing Allocations
Exhibit 1 - Funding Recommendations
Approved Resolution 2022-09-27-1204
12.5 22-0802 APPROVE CONTRACT WITH SCOTTS PPE RECON FOR ON-CALL CLEANING, INSPECTION, AND REPAIR SERVICES FOR FIRE DEPARTMENT PERSONAL PROTECTIVE EQUIPMENT AND EXTRACTORS.
Motion 2022-09-27-1205
:
1. Approving a three (3) year contract with Scotts PPE Recon for on-call cleaning, inspection, and repair services for fire department personal protective equipment and extractors.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Authorizing the City Manager to execute a contract in the amount of $148,500 with Scotts PPE Recon for on-call cleaning, inspection, and repair services for fire department personal protective equipment and extractors.
4. Authorizing the City Manager the option to execute two (2) additional one-year contract extensions with an annual not-to-exceed of $49,500 each.
5. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Agreement - Scotts PPE Recon
12.6 22-0803 ADOPT A RESOLUTION ACKNOWLEDGING THE FIRE DEPARTMENT’S 2021 ANNUAL INSPECTION STATISTICS FROM EDUCATIONAL GROUP E AND RESIDENTIAL GROUP R OCCUPANCIES Resolution 2022-09-27-1206
acknowledging the Fire Department's 2021 annual inspection statistics from Educational Group E and Residential Group R Occupancies per State of California Health and Safety Code Section 13146.4.
Legislation Text
Attachment A - 13146.2, 13146.3, & 13146.4
Proposed Resolution - Annual Inspections 2021
Exhibit 1 - 2021 Inspections
Approved Resolution 2022-09-27-1206
12.7 22-0906 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE OFFICERS’ ASSOCIATION AND AMENDMENT TO THE PREVIOUSLY APPROVED MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT UNIT Resolution 2022-09-27-1207
:
1. Authorizing the approval of the Stockton Police Officers' Association (SPOA) Memorandum of Understanding (MOU) effective July 1, 2022 through June 30, 2025.
2. Authorizing approval to amend changes to the approved Memoranda of Understanding between the City of Stockton and the Stockton Police Management Association (SPMA), Stockton Firefighters' Local 456 Fire Unit, and Stockton Firefighters' Local 456 Fire Management Unit. The changes consist of increasing the market adjustments effective July 1, 2023, and July 1, 2024, by 1% each year for members in these bargaining units.
3. Authorizing the City Manager and the Employee Relations Officer to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of the successor SPOA MOU and amendments to the SPMA, Fire, and Fire Management Unit MOUs.
Legislation Text
Attachment A - SPOA MOU - Redline
Attachment B - SPMA MOU - Redline
Attachment C - Fire Unit MOU - Redline
Attachment D - Fire Management MOU - Redline
Proposed Resolution
Exhibit 1 - SPOA MOU
Exhibit 2 - SPMA MOU
Exhibit 3 - Fire Unit MOU
Exhibit 4 - Fire Management MOU
Exhibit 5 - Budget Amendment
Approved Resolution 2022-09-27-1207
12.8 22-0785 AWARD A CONSTRUCTION CONTRACT TO TNT INDUSTRIAL CONTRACTORS, INC. FOR THE REGIONAL WASTEWATER CONTROL FACILITY BIOSCRUBBER REPAIRS Resolution 2022-09-27-1208
:
1. Approving the filing of Notice of Exemption No. NOE11-22 under the California Environmental Quality Act (CEQA) for the Regional Wastewater Control Facility (RWCF) Bioscrubber Repairs, Project No. UW21011 (Exhibit 1 to the Resolution).
2. Approving the project Plans and Specifications for the RWCF Bioscrubber Repairs, Project No. UW21011 (Exhibit 2 to the Resolution).
3. Awarding a $623,135 Construction Contract to TNT Industrial Contractors, Inc. of Sacramento, CA, for the RWCF Bioscrubber Repairs, Project No. UW21011 (Exhibit 3 to the Resolution).
Authorizing the City Manager to 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 - Plans & Specifications
Exhibit 3 - Construction Contract
Approved Resolution 2022-09-27-1208
12.9 22-0789 AWARD A CONSTRUCTION CONTRACT TO POWER ENGINEERING CONSTRUCTION CO. FOR THE RWCF DIGESTER GAS PIPELINE EXPANSION JOINTS REPLACEMENT AND TRANSFER FUNDS FROM EXISTING CAPITAL PROJECTS Resolution 2022-09-27-1209
:
1. Approving the filing of Notice of Exemption No. NOE13-22 under the California Environmental Quality Act (CEQA) for the RWCF Digester Gas Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 1 to the Resolution).
2. Approving the project plans and specifications for the RWCF Digester Gas Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 3 to the Resolution).
3. Awarding a $144,665.00 Construction Contract to Power Engineering Construction Co. of Alameda, CA for the RWCF Digester Gas Pipeline Expansion Joints Replacement, Project No. UW21013 (Exhibit 2 to the Resolution).
4. Transferring funds in the amount of $98,000 from existing capital projects UW21012 ($53,000) and UW20014 ($45,000) to the RWCF Digester Gas Pipeline Expansion Joints Replacement (Project No. UW21013), Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - NOE
Exhibit 2 - Contract
Exhibit 3 - Plans
Approved Resolution 2022-09-27-1209
12.10 22-0888 ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF MEMBRANE FILTERS FROM FILMTEC CORPORATION FOR THE DELTA WATER TREATMENT PLANT Resolution 2022-09-27-1210
:
1. Approving findings pursuant to Stockton Municipal Code Section 3.68.070 for an exception to the competitive bidding process.
2. Authorizing a purchase agreement with FilmTec Corporation for membrane filters in the amount of $456,219.26.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - Quote
Approved Resolution 2022-09-27-1210
12.11 22-0819 APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $493,723 Resolution 2022-09-27-1211
:
1. Authorizing the City Manager, or designee, to accept a Driving Under the Influence Selective Traffic Enforcement Program grant award from the State of California Office of Traffic Safety in the amount of $493,723;
2. Authorizing the City Manager, or designee, to execute Grant Agreement PT23181 and all related documents to carry out the purpose and intent of the grant award;
3. Amending the Fiscal Year 2022-23 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $493,723; and
4. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution - Grant Agreement PT23181
Exhibit 1 - Grant Agreement PT23181
Approved Resolution 2022-09-27-1211
12.12 22-0820 APPROVE RESOLUTION ACCEPTING GRANT FUNDING FOR THE BYRNE DISCRETIONARY COMMUNITY PROJECT FUNDING GRANT IN THE AMOUNT OF $1,000,000 FOR THE SAFER STREETS AND SAFER COMMUNITIES PROGRAM Resolution 2022-09-27-1212
:
1. Authorizing the City Manager, or designee, to accept a Byrne Discretionary Community Project Funding Grant award allocation from the United States Department of Justice, Office of Justice Programs, and Bureau of Justice Assistance in the amount of $1,000,000; and
2. Authorizing the City Manager, or designee, to execute all grant award documents as required by the Bureau of Justice Assistance and accept applicable terms and conditions; and
3. Amending the Fiscal Year 2022-23 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $1,000,000; and
4. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution - BDC
Exhibit 1 - BDC
Approved Resolution 2022-09-27-1212
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-0766 APPROVE MOTION TO AUTHORIZE AN AGREEMENT WITH COMMUNITY PARTNERSHIP FOR FAMILIES OF SAN JOAQUIN Legislation Text
Attachment A - CPFSJ 2022 Contract
Approve
Motion 2022-09-27-1501
:
1. Executing an agreement with the Community Partnership for Families of San Joaquin in the amount of $450,000 to provide Community Programs and Services for residents of Stockton.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 to justify and support 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
: Paul Canepa, seconded by Sol Jobrack.
Vote
: Motion carried 6-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Susan Lenz.
15.2 22-0737 APPROVE A RESOLUTION TO AUTHORIZE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF STOCKTON AND SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR THE SUSTAINABLE TRANSPORTATION EQUITY PROJECT (STEP) Legislation Text
Proposed Resolution
Approved Resolution 2022-09-27-1502
PPT-15.2-MOU
Approve
Resolution 2022-09-27-1502
: Authorizing the City Manager to execute a memorandum of understanding (MOU) between the City of Stockton and the San Joaquin Council of Governments for the Sustainable Transportation Equity Project (STEP) to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Moved by
: Paul Canepa, seconded by Christina Fugazi .
Vote
: Motion carried 6-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Susan Lenz.
15.3 22-0889 DISCUSSION OF PLANNING COMMISSIONER MEMBERSHIP This item was informational only. No action was taken.
Legislation Text
The following persons spoke to the item: Mark Stebbins, Xavier Mountain, and Ralph White
16. HEARINGS
16.1 22-0787 PUBLIC HEARING TO ADOPT A RESOLUTION ACCEPTING THE 2022 REPORT ON WATER QUALITY PUBLIC HEALTH GOALS Legislation Text
Proposed Resolution
Exhibit 1 - Report of Water Quality
PPT - 16.1 - 2022 Public Health Goals
Approved Resolution 2022-09-27-1601
Approve
Resolution 2022-09-27-1601
Authorizing the City Council to conduct a Public Hearing accepting and responding to public comment on the 2022 Report on Water Quality Public Health Goals. At the conclusion of the Public Hearing, the City Council is adopting a resolution to accept the 2022 Report on Water Quality Public Health Goals (Exhibit 1 to the Resolution).
Authorizing the City Manager to take the necessary and appropriate actions to carry out the purpose and intent of this resolution.
Moved by
: Daniel Wright, seconded by Christina Fugazi .
Vote
: Motion carried 6-0
Yes
: Paul Canepa, Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Susan Lenz.
16.2 22-0547 APPEAL OF THE PLANNING COMMISSION DENIAL OF A COMMISSION USE PERMIT AND DESIGN REVIEW TO ESTABLISH A RETAIL STOREFRONT CANNABIS BUSINESS AND AN ADMINISTRATIVE USE PERMIT TO ESTABLISH A RETAIL NON-STOREFRONT (DELIVERY ONLY) CANNABIS BUSINESS, IN AN EXISTING 4,375 SQUARE FOOT COMMERCIAL BUILDING AT 2521 WEST LANE (APPLICATION NO. P21-0602) Resolution 2022-09-27-1602
1. Reversing the Planning Commission's denial of a Commission Use Permit to allow the establishment of a proposed retailer storefront cannabis business, in accordance with the findings and subject to conditions in the proposed Resolution; and
2. Reversing the Planning Commission's denial of an Administrative Use Permit to allow a retail non-storefront (delivery only) cannabis business, in accordance with the findings and subject to conditions in the proposed Resolution; and
3. Reversing the Planning Commission's denial of Design Review for architectural modifications to an existing building, in accordance with the findings and subject to conditions in the proposed Resolution.
Legislation Text
Attachment A - Location Map, General Plan and Zoning Designation Attachment B - Communication from Aspire Schools
Attachment C - Existing Commercial Cannabis Business Locations Attachment D - Project Plans
Attachment E - Applicant Appeal
Proposed Resolution - Recommending Approval
Exhibit 1
PPT - 16.2 - 2521 West Lane
Note: This agenda item was continued to the 10/18/2022 City Council meeting
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Warmsley - volunteerism within the city; Van Buskirk Golf Course listening session, October 1, 2022 at Weston Ranch library; reflectors in streets; Weston Ranch Community; food insecurity listening session, October 3, 2022 at City Hall Vice Mayor Fugazi - big box ordinance; thanked Public Works and Ask Stockton; single use plastics; animal shelter and services; congratulations to the Police Department; vehicle smog Councilmember Wright - attended San Joaquin Regional Policy Council Annual Valley Voice Advocacy trip, San Joaquin projects Councilmember Canepa - nonprofit events in Stockton; Culvert and Alexandria project; red light cameras Mayor Lincoln - opioid town hall, October 3, 2022 at San Joaquin County Office of Education; food insecurity listening session, October 3, 2022 at City Hall; thanked Councilmember Warmsley and Councilmember Wright
19. ADJOURNMENT - 7:35 PM
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK