MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF October
18, 2022
Council Chamber - City Hall, 425 N. El Dorado Street, Stockton, California
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:00 PM
Roll Call
Present:
Christina Fugazi
Sol Jobrack
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Absent:
Paul Canepa, and Daniel Wright.
Note: Councilmember Canepa arrived to Closed Session at 4:02 PM
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-0948 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Police Officer Jimmy Inn, (Workers’ Compensation Appeals Board Case No. ADJ unassigned)
Name of Case: Police Officer Jay Scoffield, (Workers’ Compensation Appeals Board Case No. ADJ9381878)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UVM-2019-12404)
Name of Case: Ralph Lee White v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UOCT-2018-4379)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code.
Legislation Text
3.2 22-0949 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 22-0950 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 22-0951 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 22-0952 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 22-0953 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
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 Invocation was provided by Pastor Pamela Houston, God’s Church City of David and the Pledge of Allegiance was led by Councilmember Wright.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Lori Asuncion, City Attorney 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
Cynthia Gail Boyd - lack of transparency, public safety Nancy Ballot - animal shelter, neutering cats
Ewa Dozier - Trap, Neuter and Release program
Mason Yanowitz - congratuled Mayor Lincoln; Trap, Neuter and Release program Tam Troung - animal control center; cat rescue groups, Trap, Neuter and Release program Staci - animal shelter, collaboration with cat rescue groups and concerned citizens Michele Padilla- thanked enforcement staff; North Stockton intersections Vincent Sayles - community health
Mark Stebbins - Trinity Presbyterian Church 80th anniversary October 30, 2022; McKinley Park funds, Van Buskirk Golf Course TIffany Masterson - Child Protective Services
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save for items 12.2 and 12.3 which were considered separately.
Moved by
: Daniel Wright, 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.
12.2 22-0988 ORDINANCE AMENDING TITLE 5, CHAPTER 5.90, SECTIONS 5.90.060, 5.90.070, 5.90.150, 5.90.160, AND 5.90.250, AND TITLE 10, CHAPTER 10.12, SECTION 10.12.220 OF THE STOCKTON MUNICIPAL CODE RELATING TO THE REGULATION OF PEDICABS
RECOMMENDATION
It is recommended that the City Council approves an ordinance amending Title 5, Chapter 5.9, Sections 5.90.060, 5.90.070, 5.90.150, 5.90.160, and 5.90.250, and Title 10, Chapter 10.12, Section 10.12.220 of the Stockton Municipal Code relating to the regulation of pedicabs.
Legislation Text
Attachment A - Pedicab Ordinance Update (Redline)
Proposed Ordinance - Pedicab Ordinance Update
The following persons spoke to the item: Elizabeth Wong Fontana, and Mark Stebbins Note: This item was tabled pending additional information requested from Staff by Council and will be presented at a future meeting date.
12.1 22-1004 APPROVAL OF CITY COUNCIL MINUTES
Motion 2022-10-18-1201
approving the minutes from the City Council meeting of September 13, 2022 Legislation Text
Attachment A - 2022-09-13 Minutes
12.3 22-0989 APPROVE AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.72 OF THE STOCKTON MUNICIPAL CODE, RELATING TO MOTORIZED FOOD WAGONS Legislation Text
Attachment A - Proposed Ordinance - Redline
Proposed Ordinance - Motorized Food Wagons
Approved Ordinance 2022-10-18-1203
The following person spoke to the item: Cynthia Gail Body, and Mark Stebbins Note: Councilmember Canepa recused himself due to opening of Brick and Moter Carniceria and left the chamber at 6:15 PM Approve
Ordinance 2022-10-18-1203
amending Title 5, Chapter 5.72 of the Stockton Municipal Code relating to Motorized Food Trucks.
Moved by
: Daniel Wright, seconded by Sol Jobrack.
Vote
: Motion carried 6-0
Yes
: Christina Fugazi , Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Recuse
: Paul Canepa.
12.4 22-0581 ADOPT A RESOLUTION TO AUTHORIZE ACCEPTANCE OF $1 MILLION U.S. SMALL BUSINESS ADMINISTRATION 2022 CONGRESSIONAL COMMUNITY PROJECTS GRANT Resolution 2022-10-18-1204
:
1. Authorizing the City Manager, or designee, to accept and appropriate grant funds for the U.S. Small Business Administration 2022 Congressional Community Projects grant for the Resurgent Stockton Project in the amount of $1,000,000 and execute all related documents;
2. Authorizing the City Manager, after a Request for Proposals process, to expend Resurgent Stockton Project funds in an amount greater than the Stockton Municipal Code section 3.68.060 expenditure limit; and
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 - Resurgent Stoctkon Notice of Award
Proposed Resolution - Resurgent Stockton
Approved Resolution 2022-10-18-1204
12.5 22-0900 REJECT BIDS FOR THE 2020-21 SANITARY SEWER MAINTENANCE HOLE REHABILITATION PROJECT Motion 2022-10-18-1205
rejecting all bids received for the 2020-21 Sanitary Sewer Maintenance Hole Rehabilitation, Project No. UW20011, pursuant to Stockton Municipal Code section 3.68.160(B).
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
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-0754 APPROVE BY MOTION TO ENTER INTO A CONTRACT WITH JP MARKETING TO DEVELOP AND EXECUTE A MARKETING CAMPAIGN AND BRAND STRATEGY FOR THE CITY OF STOCKTON Legislation Text
Attachment A - Scope of Work
PPT - 15.1 - Marketing and Brand Strategy
Document Filed - JP Marketing
Councilmember Canepa returned to the chamber at 6:33 PM Approve
Motion 2022-10-18-1501:
1. Approving and authorizing the City Manager, or designee, to execute a contract with the JP Marketing in an amount up to $375,000 for the purpose of executing a marketing campaign and develop a brand strategy
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, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this 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.
15.2 22-0937 ADOPT THE 2022 WASTEWATER MASTER PLAN UPDATE FOR THE MUNICIPAL UTILITIES DEPARTMENT Legislation Text
Proposed Resolution
Exhibit 1 - Final WWMPU
Exhibit 2 - Appendices
Approved Resolution 2022-10-18-1502
PPT - 15.2 - Wastewater Master Plan
Approve
Resolution 2022-10-28-1502
adopting the 2022 Wastewater Master Plan Update prepared in concurrence with the Envision Stockton 2040 General Plan Update.
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.
15.3 22-0827 ADOPT RESOLUTION CERTIFYING THE SUPPLEMENT TO THE REGIONAL WASTEWATER CONTROL FACILITY MODIFICATIONS PROJECT ENVIRONMENTAL IMPACT REPORT, ADOPTING FINDINGS OF FACT, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CALIFORNIA STATE LANDS COMMISSION Legislation Text
Proposed Resolution
Exhibit 1 - Draft SEIR
Exhibit 2 - Final SEIR
Exhibit 3 - SEIR Findings of Fact
Exhibit 4 - SEIR MMRP
Approved Resolution 2022-10-18-1503
PPT - 15.3 - SEIR
Approve
Resolution 2022-10-18-1503:
1. Certifying that the Supplement to the Regional Wastewater Control Facility Modifications Project Environmental Impact Report for the Outfall Relocation Project (Supplemental EIR) has been completed in compliance with the California Environmental Quality Act and finding the Supplemental EIR adequately addressing the environmental issues of the Outfall Relocation Project component of the Regional Wastewater Control Facility Modifications Project
2. Approving the Supplemental EIR, including that it identifies no significant and unavoidable impacts, adopting the Findings of Fact, and adopting the Mitigation Monitoring and Reporting Program
3. Adopting findings that the Supplemental EIR reflects the independent judgment of the City Council, as lead agency.
4. Authorizing the City Manager to execute a lease agreement with the California State Lands Commission for the placement of outfall components within the San Joaquin River.
Authorizing the City Manager to take appropriate and necessary actions to carry out the intent of the resolution.
Moved by
: Sol Jobrack, 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.
15.4 22-0821 ADOPT RESOLUTION AUTHORIZING A CONTRACT CHANGE ORDER FOR THE OUTFALL RELOCATION PROJECT COMPONENT OF THE RWCF MODIFICATIONS PROJECT, AUTHORIZE THE CITY MANAGER TO APPROVE AND EXECUTE PAYMENTS FOR DIRECT MITIGATION COST IMPACTS, AND AUTHORIZE THE CITY MANAGER TO REAPPROPRIATE FUNDS Legislation Text
Proposed Resolution
Exhibit 1 - CCO 8
Approved Resolution 2022-10-18-1504
PPT - 15.4 - RWCF Modifications Project CCO 8
Approve
Resolution 2022-10-18-1504:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorizing Contract Change Order (CCO)-008 to Phase 2B of the Progressive Design-Build Contract between the City and AECOM/W.M. Lyles, Joint Venture (JV) to increase the Guaranteed Maximum Price (GMP) in the amount of $6,770,384.07 for construction of the Outfall Relocation Project component of the Regional Wastewater Control Facility (RWCF) Modifications Project (Exhibit 1 to the Resolution).
3. Incorporating CCO-001 through CCO-008 bringing the total Phase 2B contract amount to $206,789,950.31.
4. Authorizing the City Manager to reappropriate funds in the amount of $5,185,225 from the existing RWCF New Outfall Project UW20023 to the RWCF Modifications Project UW16022.
5. Authorizing the City Manager to execute CCO-008 to Amendment No. 2, Phase 2B, to the Progressive Design-Build Contract.
6. Authorizing the City Manager to execute payments not to exceed a total of $150,000 for the cost of direct mitigation of impacts from the Outfall Relocation Project.
Authorizing the City Manager to take appropriate and necessary actions to carry out the intent of the resolution.
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.
16. HEARINGS
16.1 22-1010 APPROVE THE SJAFCA MOSSDALE TRACT AREA REGIONAL FLOOD PROTECTION DEVELOPMENT NEXUS STUDY UPDATE, IMPACT FEE UPDATE, AND COLLECTION AGREEMENT AMENDMENT Legislation Text
Proposed Resolution
Exhibit 1 - Nexus Study
Exhibit 2 - Collection Agreement
Exhibit 3 - Updated Fee Schedule
PPT - 16.1 - Mossdale Tract Area
Approved Resolution 2022-10-18-1601
Approve
Resolution 2022-10-18-1601:
1. Adopting the updated nexus study for the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee.
2. Authorizing the City Manager to execute an amendment to the existing collection agreement for the Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee between San Joaquin Area Flood Control Agency and its member agencies, including the City of Stockton.
3. Authorizing an amendment to the FY 2022-23 Fee Schedule to update the Mossdale Tract Area Regional Flood Protection Development Impact Fee (Mossdale Tract Regional Flood Impact Fee) for residential, commercial, and industrial; which includes an existing administration fee.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
Moved by
: Daniel Wright, 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.
16.2 22-0999 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) 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
Exhibit 1
Approved Resolution 2022-10-18-1602
PPT - 16.2 - 2521 West Lane
Approve
Resolution 2022-10-18-1602:
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.
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.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Wright - thanked Police and Fire Department Councilmember Fugazi - thanked Public Safety and Fire Department; Serial Killer in Stockton; animal shelter; thanked Public Works and Police Department; El Dorado Market 50th anniversary Councilmember Warmsley - thanked Public Safety, Fire Department, and Police Department; wire copper theft; Carolyn West Corridor; catalytic converters; illegal dumping; Domestic Violence Awareness month, Breast Cancer Awareness month; job openings at Caltrans; Van Buskirk Golf Course and McKinley Park designs Councilmember Lenz - Stockton Police Department; Stockton Unified School District Trunk or Treat October 27,2022 at Fremont Square Park; thanked City Manager, Public Work, Police Department, and Fire Department; cat population Councilmember Canepa - Culvert project; attended White Cane Awareness Day with Councilmember Wright; thanked the Police Department; moment of silence for those who passed Councilmember Jobrack - marketing project; Breast Cancer Awareness month; Music Day in the Park at Dentoni Park coming up Mayor Lincoln - thanked the Stockton Police Department and the community; healing in the community; candlelight vigil City Hall steps, October 19,2022 5:30 PM; moment of silence for victims of homicide in the City of Stockton
19. ADJOURNMENT - 9:08 PM
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK