MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent - Revised MEETING OF November
1, 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
Kevin J Lincoln II
Kimberly Warmsley
Paul Canepa
Absent:
Susan Lenz, and Daniel Wright.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1026 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Three
Name of Case: Fire Battalion Chief Erik Patten, (Workers' Compensation Appeals Board Case No. ADJ11395242) 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) 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.
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3.2 22-1027 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 22-1028 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 22-1029 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 22-1030 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 22-1031 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).
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3.7 22-1044 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION
Number of Cases: One
This Closed Session is authorized pursuant to Government Code section 54956.9(d)(4) to discuss matters pertaining to the initiation of litigation.
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4. CLOSED SESSION PUBLIC COMMENT
None
5. RECESS TO CLOSED SESSION
Note: The Council recessed to Closed Session at 4:33 PM. The Council returned from Closed Session and reconvened at 4:55 PM
6. REGULAR SESSION CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call
Present:
Christina Fugazi
Sol Jobrack
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Paul Canepa
Absent:
Susan Lenz.
7. INVOCATION/PLEDGE TO FLAG
Pastor Christian Simas, Reality Church provided the Invocation and The Pledge of Allegiance was led by Vice Mayor Fugazi.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Marci Arredondo, Assistant City Attorney reported that there was no reportable action taken this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 22-1069 PROCLAMATION: HOMELESS YOUTH AWARENESS MONTH - NOVEMBER 2022 Legislation Text
Recipients: Tony Mariono and Natalie Lopez
Tony Mariono - thanked City Council, homeless youth awareness
10.2 22-1072 PROCLAMATION: FAMILY COURT AWARENESS MONTH - NOVEMBER 2022 Legislation Text
Note: this proclamation was heard separate from the meeting
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Steve Alley - Weston Ranch lighting
Ira Ayers - Weston Ranch big box ordinance
James Blueford - unhoused
Zoyla - Weston Ranch 7-11; Sandra B. Smith Park
Vincent Sayles - rebounding
Mark Sprague - Weston Ranch
Marion Champion-Parker - thanked chief of staff; Weston Ranch; sidewalk inspection
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for item 12.1 which was considered separately.
Moved by
: Paul Canepa, seconded by Sol Jobrack.
Vote
: Motion carried 6-0
Yes
: Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Susan Lenz.
12.1 22-1061 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 Legislation Text
Attachment A - Proposed Ordinance Update (Redline)
Proposed Ordinance - Pedicab Ordinance Update
Approved Ordinance 2022-11-01-1201
The following persons spoke to the item: Elizabeth Wong-Fontana Note: A memorandum to the Council, dated November 1, 2022, regarding Item 12.1 was distributed around the bench and filed Around the bench memo
Approve
Ordinance 2022-11-01-1201
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.
Moved by
: Daniel Wright, seconded by Christina Fugazi .
Vote
: Motion carried 6-0
Yes
: Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Susan Lenz.
Council Correspondence - Public Comments
12.2 22-1045 APPROVE A RESOLUTION RESCINDING RESOLUTION 2022-06-14-1506 AUTHORIZING THE CITY TO SUBMIT FOR A GRANT AWARD FROM THE COUNTY OF SAN JOAQUIN Resolution 2022-11-01-1202:
1. Rescinding the resolution authorizing the City to submit an application for a one-time capital grant to the County of San Joaquin in the amount of $8,116,629
2. Withdrawing the contingent appropriation of American Rescue Plan Act (ARPA) funds to the Salvation Army
3. 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 - Rescinding 2022-06-14-1506
Exhibit 1 - Approved Resolution 12022-06-14-1506
Approved Resolution 2022-11-01-1202
12.3 22-0879 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT POLE REPLACEMENT FY 2021-22 SB1 PROJECT Resolution 2022-11-01-1203
:
1. Approving Notice of Exemption No. NOE24-22 under the California Environmental Quality Act for the Streetlight Pole Replacement FY 2021-22 SB1, Project No. WD22006.
2. Approving the plans and specifications for the Streetlight Pole Replacement FY 2021-22 SB1, Project No. WD22006.
3. Awarding a Construction Contract in the amount of $178,600 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Pole Replacement FY 2021-22 SB1, Project No. WD22006.
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 2022-11-01-1203
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-1071 APPROVE BY MOTION THE ENTERPRISE RISK ASSESSMENT REPORT Legislation Text
Attachment A - Enterprise Risk Assessment Report
PPT - 15.1 - Enterprise Risk Assessment Report
Approve
Motion 2022-11-01-1501
approving the final Enterprise Risk Assessment Report, dated August 16, 2022.
Moved by
: Paul Canepa, seconded by Daniel Wright.
Vote
: Motion carried 6-0
Yes
: Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Susan Lenz.
16. HEARINGS
16.1 22-0826 ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE SPANOS FAMILY TRUST AND THE CITY OF STOCKTON FOR THE DELTA COVE PROJECT Legislation Text
Attachment A - Location and Context Map
Attachment B - Project Plans
Attachment C - Planning Commission Reso 2022-09-22-0501 Proposed Ordinance - Delta Cove
Exhibit 1 - Draft Development Agreement
PPT - 16.1 - Delta Cove Development Agreement
Approved Ordinance 2022-11-01-1601
The following persons spoke to the item: Zoyla
Approve
Ordinance 2022-11-01-1601
1. A Finding that the project is categorically exempt from CEQA, pursuant to the CEQA Guidelines, section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations; and
2. An Ordinance approving a Development Agreement for the Delta Cove Project.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the Ordinance.
Moved by
: Paul Canepa, seconded by Daniel Wright.
Vote
: Motion carried 6-0
Yes
: Christina Fugazi , Sol Jobrack, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Susan Lenz.
17. CITY MANAGER’S UPDATE
Harry Black, City Manager - United Way Employee Pledge Campaign Kickoff; media event for Crisis Intervention Initiative November 3, 2022
18. COUNCIL COMMENTS
Vice Mayor Fugazi - Weston Ranch community concerns; low barrier shelter; critical infrastructure ordinance; moratorium on residential tenant eviction; development agreements; community bicycle event 12-4 pm November 5, 2022 at Victory Park; Restoration for Life Ministries 20th Anniversary; Hmung New Year November 11th-13th 2022 at 99 Speedway; Happy birthday to Maylor Lincoln and Councilmember Canepa Councilmember Warmsley - Happy birthday to Maylor Lincoln and Councilmember Canepa; recap of Community Improvement and Crime Prevention meeting October 9, 2022; recycling center accountability; great work in Legislative/Environment Committee; flood protection; Office of Violence Prevention Data and Doughnut event 3:00 PM on November 7, 2022; Neighborhood Action Plan November 17th at the Civic Auditorium; media event for Crisis Intervention Initiative November 3, 2022; Halloween in Stockton; fentanyl crisis Councilmember Wright - Happy birthday to Maylor Lincoln and Councilmember Canepa; sidewalks Councilmember Canepa - Alexandria Culvert project completed; shout out to nonprofits and church in Stockton; navigation center; vaping; big box ordinance, Weston Ranch community; thanked Council for birthday wishes; thanked wife Mayor Lincoln - civic engagement in council subcommittees; thank you for birthday wishes
19. ADJOURNMENT - 7:22 PM
INFORMATIONAL ITEMS
1. 22-1068 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken.
Legislation Text
LegislationEnvironmental 2022-04-20
LegislationEnvironmental 2022-05-18
LegislationEnvironmental 2022-06-22
Measure A 2022-04-25
Measure A 2022-06-06
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK