MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent - Revised MEETING OF November
15, 2022
Council Chamber - City Hall, 425 N. El Dorado Street, Stockton, California
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:04 PM
Roll Call
Present:
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Paul Canepa
Absent:
Christina Fugazi , and Sol Jobrack.
Note: Councilmember Wright arrived at 4:07 PM
Note: Councilmember Susan Lenz participated via teleconference from the following location: The Westin New York at Times Square 270 W 43rd St Room 4202 New York, NY 10036
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1037 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Three
Name of Case: Fire Engineer Benjamin Ortiz, (Workers’ Compensation Appeals Board Case Nos. ADJ14346014 and ADJ15136612)
Name of Case: Fire Captain Michael Smith, (Workers’ Compensation Appeals Board Case Nos. ADJ10335238, ADJ12858904, ADJ12858903, ADJ12858905, ADJ12858906, and ADJ12858509)
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 22-1038 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 22-1039 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 22-1040 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 22-1041 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 22-1042 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
3.7 22-1124 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.
Legislation Text
4. CLOSED SESSION PUBLIC COMMENT
None
5. RECESS TO CLOSED SESSION
The Council recessed to Closed Session at 4:06 PM. The Council returned from Closed Session and reconvened at 4:18 PM
6. REGULAR SESSION CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call
Present:
Sol Jobrack
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Paul Canepa
Absent:
Christina Fugazi .
7. INVOCATION/PLEDGE TO FLAG
Reverend Lynn Moreland, Church of Saint Anne provided the Invocation and the Pledge of Allegiance was led by Councilmember Canepa.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Taryn Jones, Deputy City Attorney reported that there was no reportable action taken this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
Note: Councilmember Wright pulled Public Hearing item 16.3, to send to Legislation/Environmental Committee for review at its January 2024 meeting.
Councilmember Warmsley seconded.
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 22-1064 CERTIFICATE: AIME ACOSTA FOR ACHIEVING THE RANK OF EAGLE SCOUT Legislation Text
Recipient: Aime Acosta
Aime Acosta - thanked the Councilmembers and the community
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Rita Nwankwo - eviction ordinance
Zoyla Moreno - Weston Ranch Community
Mark Sprague - 7/11 left hand turn
John - eviction ordinance
Phillip Merlo - Open Window Project
Jane Steinkamp - community voices, Open Window Project
Ron Barber - Open Window Project
Zac Cort - Downtown Stockton Projects (Document filed)
Document Filed- Zac Court
Council Correspondence - Public Comments
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for item 12.5 which was considered separately.
Moved by
: Paul Canepa, seconded by Daniel Wright.
Vote
: Motion carried 6-0
Yes
: Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Christina Fugazi .
12.5 22-1059 APPROVE BY MOTION THE COMMUNITY SUPPORT GRANT PROGRAM RECOMMENDATIONS AND ENTER INTO CONTRACTS WITH AWARDEES Legislation Text
Attachment A - Recommendation List & Project Descriptions Note: Councilmember Warmsley recused herself due to financial ties to Public Health and reinvent South Stockton and left the chamber at 5:55 PM Approve
Motion 2022-11-15-1205
:
1. Approving the recommended Community Support Grant Program awardees and amounts
2. Approving and authorizing the City Manager, or designee, to execute contracts with the recommended awardees in the total amount of $2,678,900, with discretion to adjust the award amount to each awardee based upon final negotiated services
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
: Daniel Wright, seconded by Paul Canepa.
Vote
: Motion carried 5-0
Yes
: Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Daniel Wright, and Paul Canepa.
Recuse
: Kimberly Warmsley.
Absent
: Christina Fugazi .
Note: Councilmember Warmsley returned to the dais at 6:19 PM
12.1 22-1067 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30, 2022 Motion 2022-11-15-1201
accepting the Quarterly Investment Report for the quarter ended September 30, 2022.
Legislation Text
Attachment A - Quarterly Investment Report 9-30-2022
Attachment B - Certification of Quarterly Investment Report
12.2 22-1112 2023 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR Motion 2022-11-15-1202
adopting the City 2023 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.
Legislation Text
Attachment A - 2023 Meeting and Closed Days Calendar
12.3 22-1011 AMENDING, DELETING, AND ADDING VARIOUS CHAPTERS AND SECTIONS OF TITLE 15 OF THE STOCKTON MUNICIPAL CODE BY INCORPORATING THE 2022 EDITION OF CALIFORNIA CODE OF REGULATIONS, TITLE 24, INCLUDING APPLICABLE APPENDICES (CALIFORNIA MODEL BUILDING AND FIRE CODES), AND ADDING CHAPTER 15.90 ESTABLISHING AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS.
Ordinance 2022-11-15-1203
amending, deleting, and adding various sections of Title 15 of the Stockton Municipal Code (SMC), specifically, Chapters 15.04, 15.08, 15.10, 15.12, 15.16, 15.20, 15.36, 15.40, 15.44, 15.64, 15.72, 15.82, 15.86, and 15.90 to incorporate the 2022 Edition of the California Code of Regulations, Title 24, as amended, and establish an expedited, streamlined permitting process for electric vehicle charging stations.
Legislation Text
Attachment A - Building Code and EV Ordinance - Redline Proposed Ordinance - Recommending Approval of Changes
Approved ordinance 2022-11-15-1203
12.4 22-1018 APPROVE A RESOLUTION AUTHORIZING THE PURCHASE OF LIBRARY FURNITURE FOR TRACY AND MANTECA BRANCH LIBRARIES UTILIZING THE COOPERATIVE AGREEMENTS WITH NATIONAL COOPERATIVE PURCHASING ALLIANCE, AND AMENDING THE FISCAL YEAR 2022-23 BUDGET FOR THE TRACY AND MANTECA BRANCHES OF STOCKTON SAN JOAQUIN COUNTY LIBRARY SYSTEM, TO REALLOCATE $200,930 FROM CITY-HELD COUNTY FUND BALANCE Resolution 2022-11-15-1204
:
1. Approving the use of a Cooperative Agreement through the National Cooperative Purchasing Alliance ("NCPA") Contract Number 07-85 with Demco, Inc. to acquire furniture, fixtures, and equipment for each of the Tracy and Manteca branch libraries.
2. Authorizing the City Manager, or designee, to execute a multi-year Cooperative Purchasing Agreement for the Tracy Library, expiring September 30, 2025, in an amount not to exceed $394,606.58 with Demco, Inc.
3. Authorizing the City Manager, or designee to execute a multi-year Cooperative Purchasing Agreement for the Manteca Library, expiring September 30, 2025, in an amount not to exceed $88,000 with Demco, Inc.
4. Approving findings that support and justify an exception to the competitive bidding process.
5. Amending the Fiscal Year 2022-23 Annual Budget to appropriate $200,930 from City-Held County Fund Balance to the Manteca Branch Library ($34,930) and Tracy Branch Library ($166,000) accounts.
6. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - NCPA COOP Package Tracy
Exhibit 2 - NCPA COOP Package Manteca
Approved Resolution 2022-11-15-1204
12.6 22-1047 RESOLUTION TO AUTHORIZE THE REFUND OF STORMWATER FEES TO ET STOCKTON OWNER, LLC Resolution 2022-11-15-1206
authorizing the refund of Stormwater fees in the amount of $71,371.09 to ET Stockton Owner, LLC.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution - Refund ET Stockton Owner LLC
Approved Resolution 2022-11-15-1206
12.7 22-0936 AUTHORIZE A CONTRACT WITH SYNAGRO-WWT, INC. FOR REGIONAL WASTEWATER CONTROL FACILITY BIOSOLIDS MANAGEMENT SERVICES AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET Resolution 2022-11-15-1207
:
1. Approving the plans and specifications for the Request for Sealed Bids for Municipal Utilities Department Regional Wastewater Control Facility Biosolids Management Services (PUR-22-016).
2. Authorizing a five-year contract with Synagro-WWT, Inc. of Baltimore, MD, to provide biosolids management services for a total amount not-to-exceed $22,185,200 (Exhibit 1 to the Resolution).
3. Appropriating funds in the amount of $230,000 from the Wastewater Utility Fund Balance to the Wastewater Treatment Plant Operations, Special Services account for these services.
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 - Contract
Approved Resolution 2022-11-15-1207
12.8 22-0966 ADOPT A RESOLUTION AWARDING A SERVICE CONTRACT TO SILVA LANDSCAPE FOR STORMWATER DRAINAGE BASIN MAINTENANCE Resolution 2022-11-15-1208
awarding a three-year service contract to Silva Landscape of Patterson, California in the amount of $451,800 for Stormwater Drainage Basin Maintenance (Project PUR 22-011).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Vicinty Map
Proposed Resolution - Silva Landscape
Exhibit 1 - Contract with Silva Landscape
Approved Resolution 2022-11-15-1208
12.9 22-1046 APPROVE RESOLUTION ACCEPTING GRANT FUNDING FOR THE BUREAU OF JUSTICE ASSISTANCE LOCAL LAW ENFORCEMENT CRIME GUN INTELLIGENCE CENTER INTEGRATION INITIATIVE GRANT IN THE AMOUNT OF $700,000 Resolution 2022-11-15-1209
:
1. Authorizing the City Manager, or designee, to accept the Bureau of Justice Assistance Local Law Enforcement Crime Gun Intelligence Center Integration Initiative (CGIC) Grant in the amount of $700,000; 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 $700,000: and Authorizing the City Council, City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - GIC Funded Award Letter FAW-172572
Proposed Resolution
Approved Resolution 2022-11-15-1209
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-0995 APPROVE A MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT TO REVIZE FOR THE REDESIGN, DEVELOPMENT, IMPLEMENTATION, HOSTING AND MAINTENANCE OF THE CITY OF STOCKTON WEBSITE Legislation Text
Attachment A - Professional Services Agreement
PPT - 15.1 - Revize Software Systems, LLC
Approve
Motion 2022-11-15-1501
:
1. Approving findings pursuant to Stockton Municipal Code 3.68.070 that support and justify an exception to the competitive bidding process
2. Approving entering into a contract with Revize Software Systems, LLC, of Troy, Michigan, to redesign, develop, implement, host, and maintain the City of Stockton website for a period of a total not-to-exceed amount of $193,100 for implementation and up to five (5) years of service
3. Authorizing the City Manager, or designee, to take all necessary and appropriate 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
: Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Christina Fugazi .
15.2 22-1022 DISCUSSION REGARDING THE ESTABLISHMENT OF A COMMERCIAL VACANCY ORDINANCE Item for discussion. No action taken.
Legislation Text
Attachment A - Commercial Vacancy Registration Ordinance
15.2 - Establishing a Commercial Vacancy Registration
The following persons spoke to the item: Phillip Merlo
16. HEARINGS
16.1 22-1025 TEFRA PUBLIC HEARING FOR GOODWILL INDUSTRIES OF SAN JOAQUIN VALLEY, INC., LOCATED AT 4533 ALITALIA AVENUE Legislation Text
Attachment A - Vicinity Map 4533 Alitalia Ave
Proposed Resolution - TEFRA Goodwill
PPT - 16.1 - TEFRA Goodwill
Approved Resolution 2022-11-15-1601
Approve
Resolution 2022-11-15-1601
1. Conducting a public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the "Tax Code").
2. Approving the issuance of $14,500,000 of California Enterprise Development Authority ("CEDA") tax-exempt conduit obligations for the benefit of Goodwill Industries of San Joaquin Valley, Inc., to provide for the financing of the Project (as defined herein), such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Tax Code and the California Government Code Section 6500 (and following).
Note: The tax-exempt conduit obligations will not be a debt of the City, nor will they obligate the City in any way.
3. Authorizing the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of the resolution.
Moved by
: Daniel Wright, seconded by Paul Canepa.
Vote
: Motion carried 6-0
Yes
: Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Christina Fugazi .
16.2 22-1036 CONVENE A PUBLIC HEARING AND ADOPT BY MOTION TO APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM THE CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS (CAL ICH) FOR ROUND FOUR OF THE HOMELESS HOUSING ASSISTANCE AND PREVENTION (HHAP) GRANT PROGRAM Legislation Text
Attachment A - Stockton Homeless Action Plan
PPT - 16.2 - HHAP Grant Program
Approve
Motion 2022-11-15-1602
1. Convening a public hearing to review the City's HHAP Round 4 Funding Application strategies, including an analysis of homeless demographics, needs, assets, and recommended outcome goals
2. Approving the updated City of Stockton Homeless Action Plan
3. Authorizing staff to apply for, accept and appropriate Round 4 of the Homeless Housing, Assistance and Prevention Grant (HHAP 4) grant funds
4. Authorizing the City Manager, or designee, to enter a Standard Agreement for HHAP 4 funds with all its exhibits or other necessary documents consistent with the motion; and authorize the City Manager to approve consultant contracts that exceed the Stockton Municipal Code Section 3.68.060 spending limits to carry out administrative portions of the grant where necessary, and,
5. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Sol Jobrack, seconded by Paul Canepa.
Vote
: Motion carried 6-0
Yes
: Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, and Paul Canepa.
Absent
: Christina Fugazi .
16.3 22-0961 ADOPT AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16 OF THE STOCKTON MUNICIPAL CODE TO IMPOSE LICENSING AND OPERATING RESTRICTIONS ON TOBACCO RETAILERS PRIOR TO OPERATING WITHIN THE CITY; AND PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2022-23 FEE SCHEDULE RELATED TO THE TOBACCO RETAIL LICENSE
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance Amending Title 5, Chapter 5.16, section 5.16.010 and adding Chapter 5.102 to the Stockton Municipal Code ("SMC") requiring tobacco retailers to obtain a license from the City.
2. Adopt a Resolution approving an amendment to the Fiscal Year 2022-23 Fee Schedule relating to tobacco retail licenses.
3. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution adopted by Council.
Legislation Text
Attachment A - Proposed Ordinance - Redline
Attachment B - Proposed Ordinance - Clean with Flavor Prohibition Attachment C - Proposed Ordinance - Clean without Flavor Prohibition Proposed Resolution - Tobacco Retail License
Exhibit 1 - Tobacco Ordinance Fees
PPT - 16.3 - Proposed Tobacco Retailer Ordinance
The following persons spoke to the item: Jessica Nila, Kimberly Bankston-Lee, Tim Gibbs, Camille, and Toni McNeil Council Correspondence - Public Comments
Note: Agenda Item 16.3 was pulled to Legislation/Environmental Committee for review at its January 2024 meeting.
16.4 22-1126 ADOPT A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, ADOPT AN ORDINANCE FOR PRE-ZONING, ADOPT A DEVELOPMENT AGREEMENT, ADOPT A RESOLUTION AUTHORIZING ANNEXATION REQUESTS FOR A PROPOSED INDUSTRIAL DEVELOPMENT AT 5110, 5150, 5268, 5280, AND 5290 MARIPOSA ROAD, 4500 EAST CLARK ROAD, AND 4600 AND 4610 MARFARGOA DRIVE (APNS 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24) (P20-0805), AND APPROVE RELATED SETTLEMENT DOCUMENTS Legislation Text
Note: This item is continued to the December 6, 2022, City Council Meeting
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Warmsley - virtual participation during meetings, Annual Run and Walk Marathon on November 18, 2022; Sikh pantry hosting Thanksgiving giveaway at Western Ranch High School on November 19, 2022; food distribution at the Fairgrounds on November 2, 2022, Fire Department hosting a toy drive, Happy Thanksgiving Councilmember Wright - wished the community a happy and safe Thanksgiving, attending Annual Run and Walk marathon Councilmember Canepa - thanked City staff and citizens of Stockton Mayor Lincoln - wished the community a happy and safe Thanksgiving
19. ADJOURNMENT - 7:41 PM
Eliza R. Garza, CMC
City Clerk