MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF December
6, 2022
Council Chamber, City Hall,425 N. El Dorado St. Stockton, CA Councilmember Dan Wright and Councilmember Kimberly Warmsley participated in the meeting via teleconference from the following location:
Canopy by Hilton Washington DC the Wharf
975 7th Street SW, Business Center
Washington DC, 20024
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:00 PM
Roll Call
Present:
Christina Fugazi
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Paul Canepa, and Sol Jobrack.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1151 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
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.
Legislation Text
3.2 22-1153 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 22-1155 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 22-1157 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 22-1159 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 22-1162 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 4:54 PM.
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
Reverend Brad Stall, Stockton First Baptist provided the Invocation and the Pledge of Allegiance was led by Councilmember Lenz.
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
10.1 22-1167 PROCLAMATION: ARBOR DAY
Legislation Text
Recipient: Colin Scott, Parks and Recreation
Colin Scott, Parks and Recreation - thanked the City Council, Arbor Day Celebration at Stribley Park, December 7, 2022 at 4:00 PM
10.2 RECOGNITION OF ACHIEVEMENTS: CITY COUNCILMEMBER DISTRICTS 1, 3, 5 Mayor presented outgoing City Councilmembers with awards Recipients: Councilmember Jobrack, Councilmember Canepa, Vice Mayor Fugazi
11. PUBLIC COMMENTS
Anthony Silva - Happy Holidays; thanked Councilmembers Canepa and Vice Mayor Fugazi for their service Nancy Lamb - thanked Councilmember Jobrack, Councilmember Canepa, and Vice Mayor Fugazi Pat Barrett - Happy Holidays; warehouse project in South Stockton, environmental concerns (document filed) Document Filed - Pat Barrett
Demaris Leiva - South Stockton, proposed Mariposa Project Mark Stebbins - Mariposa Road annexation into City, Van Buskirk park Miguel Barria - cars speeding on West Oak Street, hit and run accident, speed bump Ira Ayers - Weston Ranch, box ban
Mark Spracale - public safety in Weston Ranch, left turn light at 7/11; streetlights on Downy Avenue; flock cameras
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote
Moved by
: Paul Canepa, seconded by Christina Fugazi .
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 22-0967 2022 CONFLICT OF INTEREST CODE AMENDMENT
Resolution 2022-12-06-1201
amending the City's Conflict of Interest Code by adding and deleting certain designated positions.
Legislation Text
Attachment A - 2022 Conflict of Interest Code - Redlined Proposed Resolution - 2022 Conflict of Interest Code
2022 Conflict of Interest Code
Approved Resolution 2022-12-06-1201
12.2 22-1178 APPROVAL OF CITY COUNCIL MINUTES
Motion 2022-12-06-1202
approving the minutes from the City Council meetings of September 27, 2022 and October 18, 2022 Legislation Text
Attachment A - 2022-09-27 Minutes
Attachment B - 2022-10-18 Minutes
12.3 22-1048 APPROVE A MOTION ACCEPTING THE 2022 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA Motion 2022-12-06-1203
accepting the 2022 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area; and Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and the intent of this motion.
Legislation Text
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map
Attachment D - Annual Progress Report 2022
12.4 22-1090 RESOLUTION APPOINTING AISHA ABERCROMBIE, MAURICE SPILLER AND IRIE WOODS TO THE STOCKTON ARTS COMMISSION Resolution 2022-12-06-1204
:
1. Appointing Aisha Abercrombie, Maurice Spiller, and Irie Woods to the Stockton Arts Commission with term to commence immediately upon approval.
2. Authorizing the City Manager to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
Legislation Text
Attachment A - SAC Candidate Applications (redacted)
Proposed Resolution - SAC Appointments 2022
Approved Resolution 2022-12-06-1204
12.5 22-0990 AUTHORIZE AN AGREEMENT WITH THE MIRACLE MILE IMPROVEMENT DISTRICT TO MANAGE THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT Resolution 2022-12-06-1205
:
1. Authorizing the Miracle Mile Improvement District, a non-profit corporation (the "Owner's Association") to operate the Miracle Mile Community Improvement District ("MMCID") with responsibility for managing the community improvement district assessments and delivery of enhanced services, as described in the adopted Management District Plan, dated April 2022, including the delivery of programs, enhanced maintenance, safety, marketing, management, and advocacy services
2. Authorizing the City Manager, or designee, to execute the Agreement between the City and the Owner's Association
3. Authorizing the City Manager, or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
Legislation Text
Attachment A - MMCID Boundary Map
Attachment B - SMC Ordinance No. 2022-03-22-1211
Attachment C - Resolution No. 2022-07-12-1203
Attachment D - Resolution No. 2022-09-13-1602
Proposed Resolution - MMID Agreement
Exhibit 1 - Miracle Mile Agreement
Approved Resolution 2022-12-06-1205
12.6 22-0996 ADOPT A RESOLUTION APPROVING AN AMENDMENT WITH VISIT STOCKTON TO SUPPORT YEARS TWO AND THREE OF FLAVOR FEST EVENT PROGRAMMING Resolution 2022-12-06-1206
:
1. Authorizing the City Manager, or designee, to execute an amendment to the Visit Stockton contract (attached as Exhibit 1 to the Resolution); and
2. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry the purpose and intent of the Resolution.
Legislation Text
Attachment A - Current Contract
Attachment B - Flavor Fest Details and Impact Report
Proposed Resolution - Visit Stockton
Exhibit 1 - First Amendment Visit Stockton Contract
Approved Resolution 2022-12-06-1206
12.7 22-1013 AUTHORIZE FIRST AMENDMENTS WITH GILL HOSPITALITY, INC., AND SETHI HOLDINGS, LP, FOR TWO PUBLIC FACILITIES FEES DEFERRED PAYMENT AGREEMENTS Resolution 2022-12-06-1207
:
1. Authorizing the First Amendments to the Deferred Payment Agreements with Gill Hospitality, Inc. and Sethi Holdings, LP, associated with Building Permits 20-08543 and 21-00268, to defer the initial payments of eligible Public Facilities Fees for the property located at 3651 Arch Road until the following year; and
2. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Attachment A - Resolution No. 91-0119
Attachment B -Deferred Payment Agreement BP20-08543
Attachment C - Deferred Payment Agreement BP21-00268
Proposed Resolution - Deferred Payment Amendment
Exhibit 1- Proposed Amendment for BP20-08543
Exhibit 2 - Proposed Deferred Payment Amendment BP21-00268 Approved Resolution 2022-12-06-1207
12.8 22-1034 APPROVE BY MOTION REALLOCATION OF $800,000 IN AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE BUSINESS ATTRACTION AND EXPANSION INCENTIVES CATEGORY TO THE BUSINESS FAÇADE & OUTDOOR DINING CATEGORY AND TO ENTER INTO AN AGREEMENT WITH THE DOWNTOWN STOCKTON ALLIANCE TO ADMINISTER THE ARPA BUSINESS FAÇADE IMPROVEMENT PROGRAM Motion 2022-12-06-1208
:
1. Reallocating $800,000 in American Rescue Plan Act (ARPA) funds from the Business Attraction and Expansion Incentives category to the Business Fa?ade & Outdoor Dining category
2. Approving and authorizing the City Manager, or designee, to execute an agreement based on the scope of work attached (Attachment A), with the Downtown Stockton Alliance in the amount of $2,042,500, including $204,250 for administrative costs, to manage and administer the ARPA Business Fa?ade Improvement Program
3. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process
4. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Draft Scope of Work
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-1095 APPROVE A MOTION TO END THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ENDING THE COVID-19 STATE OF EMERGENCY EFFECTIVE FEBRUARY 28, 2023 Legislation Text
Attachment A -Proclamation_Existence Local Emergency
Attachment B - Resolution Ratifying Emergency Proclamation Approve
Motion 2022-12-06-1501
ending the Proclamation of the Existence of a Local Emergency, dated March 12, 2020, ending the COVID-19 State of Emergency in the City of Stockton, effective February 28, 2023.
Moved by
: Paul Canepa, 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.
15.2 22-1145 ADOPT A RESOLUTION TO APPROVE SUBGRANTEES FOR THE CALIFORNIANSFORALL YOUTH WORKFORCE PROGRAM Legislation Text
Proposed Resolution - CA4All Subgrantees
Approved Resolution 2022-12-06-1502
15.2 - PPT - CA4All Youth Workforce Grant
Approve
Resolution 2022-12-06-1502
:
1. Authorizing the City Manager to execute agreements with four (4) subgrantees totaling $2,592,405 to implement youth workforce programs with the CaliforniansForAll Youth Workforce Program grant funds.
2. Authorizing the City Manager to use the CaliforniansForAll Youth Workforce Program grant funds to create a City Summer Jobs Youth Pilot Program.
Authorizing the City Manager to take any appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Paul Canepa, 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.
15.3 22-1035 RECOMMENDATION FROM THE MEASURE A ADVISORY COMMITTEE TO THE COUNCIL FOR FUNDING OF AN INDEPENDENT AUDITOR ON THE USES OF MEASURE A PROCEEDS Legislation Text
Attachment A - 10-03-2022 Measure A Minutes
Attachment B - Measure A Ordinance 2013-07-09-1601
Attachment C - Reso 2013-10-08-1505 Citizen Committee Charter Attachment D - 10-06-2015 Council Staff Report
PPT - 15.3 - Measure A - Financial Audits Recommendation Approve
Motion 2022-12-06-1503
approving the request from the Measure A Citizens' Advisory Committee to proceed with an additional audit of the financial statements of Measure A funds.
Moved by
: Christina Fugazi . Motion did not receive a second and it was lost.
Note: Motion Failed due to lack of second
Approve
Motion 2022-12-06-1503
Accepting staffs recommendation to continue to work with the committee members to identify what additional information would address the concerns of the Committee, as appropriate 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. HEARINGS
16.1 22-0963 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2023 DEVELOPMENT FEE SCHEDULE Legislation Text
Attachment A - SJMSCP Reports
Attachment B - Habitat Fee Areas
Attachment C - Regional Preserve Areas
Proposed Resolution - Recommending Approval
Approved Resolution 2022-12-06-1601
PPT - 16.1 - Habitat Fee Hearing
Approve
Resolution 2022-12-06-1601
approving the San Joaquin Multi-Species Habitat Conservation and Open Space Plan 2023 development fee schedule.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Sol Jobrack, seconded by Christina Fugazi .
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 22-1063 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
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Project Plan
Attachment E - Draft EIR
Attachment F - Planning Commission Resolutions
Proposed Resolution - Environmental Impact Report
Exhibit 1 - Revised Final FEIR
Exhibit 2 - Findings of Fact
Exhibit 3 - MMRP
Proposed Resolution - Annexation
Exhibit 1 - City Services Plan
Exhibit 2 - Prezone Description and Map
Exhibit 3 - Draft Montezuma Agreement
Exhibit 4 - MSR 10 Year Horizon Exhibit
Proposed Ordinance - Prezone
Exhibit 1 - Prezone Description and Map
Proposed Ordinance - Development Agreement
Exhibit 1 - Development Agreement
Proposed Resolution - Settlement Agrement and MOU
Exhibit 1 - Settlement Agreement Sierra Club
Exhibit 2 - Memorandum of Understanding with Exhibit
PPT - Mariposa CC PPT 2022-12-06
Around the Bench Memo
Council Correspondence - Public Comments
Approved Resolution 2022-12-06-1602-01
Approved Resolution 2022-12-06-1602-02
Approved Ordinance 2022-12-06-1602-01
Approved Ordinance 2022-12-06-1602-02
Approved Resolution 2022-12-06-1602-03
The following persons spoke to the item : Diana Buettner; Patricia Barrett; Carlos Padula; Manny Chin; Diego Hernandez; Mike Souza; Jonathan Pruitt; Michael Mark; Hector Ovaris; Lilliana; Experanza Villerma; William Musenberg; Yourshina Pacheco; Pandora Crowder; Steve Stevenson; Eugene Morris; Alicia Valenzuela; Maria Valenzuela; Roberto Contreras; Cynthia Cortez Approve 1.
Resolution 2022-12-06-1602-01
certifying the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283), including a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program
2. Ordinance 2022-12-06-1602-01
for the Pre-zoning of APNs 179-220-10; -11; -12; -13; -16; -17; -18-; 19; and -24 to Industrial, Limited (IL)
3. Ordinance 2022-12-06-1602-02
for a Development Agreement
4. Resolution 2022-12-06-1602-02
approving a Settlement Agreement with the Sierra Club; and approving a Memorandum of Understanding with the State of California Department of Justice
5. Resolution 2022-12-06-1602-03
authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions, ordinance, Settlement Agreement, and Memorandum of Understanding.
Moved by
: Sol Jobrack, seconded by Susan Lenz.
Vote
: Motion carried 6-1
Yes
: Paul Canepa, Sol Jobrack, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
No
: Christina Fugazi .
17. CITY MANAGER’S UPDATE
Harry Black, City Manager - Holiday Tree lighting ceremony Thursday December 8th, 2022 at 5:30 PM
18. COUNCIL COMMENTS
Councilmember Warmsley - Dec 20, 2022 8:00 AM-1:00 PM, Food Emergency Food Bank hosting a food giveaway at the Fairgrounds; Holiday Tree lighting ceremony; City of Stockton website winter league basketball signup; partnering with Women’s center to adopt multiple families for the holiday season; Dec 16th New Birth Christian Life Center grief and loss partnership; critical infrastructure updates; sending regards to fellow Councilmembers who are leaving Councilmember Wright - thanked Vice Mayor Fugazi for her service; Ask Stockton request Councilmember Lenz - thanked Vice Mayor Fugazi for her service; Measure A; good meeting; looking forward to working with Mr. Blower Councilmember Canepa - thanked public that came tonight; thanked Vice Mayor Fugazi for her service Mayor Lincoln - thanked Vice Mayor Fugazi
Vice Mayor Fugazi - absence from next weeks City Council Meeting; vacancies on Boards and Commissions; line of sight on Park and Oak Streets; vacated cars; big box ordinance; term serving the City of Stockton
19. ADJOURNMENT - 10:15 PM
INFORMATIONAL ITEMS
1. 22-1118 STRONG COMMUNITIES ADVISORY COMMITTEE ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2020-21 Informational item only. No action taken.
Legislation Text
Attachment A - Strong Communities Annual Report FY 2020_21
2. 22-1181 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken.
Legislation Text
Audit 2022-06-13
CWC 2022-06-09
CWC 2022-07-14
Measure W 2022-05-26
Planning Commission 2022-05-12
Eliza R. Garza, CMC
Stockton City Clerk