MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF December
13, 2022
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA Vice Mayor Christina Fugazi will participate in the meeting via teleconference from the following location:
DoubleTree Hotel London - Tower of London
7 Pepys Street, Lobby
London EC3N 4AF
England
NOTE: Closed Session has been cancelled
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1152 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
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 22-1154 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 22-1156 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 22-1158 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 22-1160 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 22-1161 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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4. CLOSED SESSION PUBLIC COMMENT
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
Robin Macloin gave the Invocation and the Pledge of Allegiance was led by Councilmember Warmsley.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
There was no Closed Session held this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 CERTIFICATES OF RECOGNITION; AMERICAN LEGION AUXILIARY – KARL ROSS UNIT 16 – CALIFORNIA GIRLS STATE CITIZEN Recipients: Faith Williams, Emily Vargas, Veronica Cervantes
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Adam - veterans
John Alita, Stockton Shelter for the Homeless - in support of item 12.4; lease length; NOFA; operation funding
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for items 12.1 and 12.5, which were considered separately.
Moved by
: Paul Canepa, 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.
12.1 22-1187 APPOINTMENT TO THE STOCKTON PORT COMMISSION Legislation Text
Attachment A - Redacted Application
Proposed Resolution - Port Commission Appointment
Approved Resolution 2022-12-13-1201
Approve
Resolution 2022-12-13-1201
reappointing Commissioner Anthony Barkett to the Stockton Port Commission, for a term commencing January 16, 2023 and ending January 15, 2027.
Moved by
: Susan Lenz, seconded by Kimberly Warmsley.
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 22-1196 APPOINTMENT TO THE STOCKTON PARKS AND RECREATION COMMISSION Resolution 2022-12-13-1202
appointing Spencer Lockwood and Virtu Arora to the Stockton Parks and Recreation Commission, for terms commencing January 1, 2023 and ending December 31, 2026.
Legislation Text
Attachment A - Redacted Applications
Proposed Resolution - PR Commission Appointment
Approved Resolution 2022-12-13-1202
12.3 22-1197 ADOPT A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE NOVEMBER 8, 2022, CITY OF STOCKTON, GENERAL MUNICIPAL ELECTION Resolution 2022-12-13-1203
accepting the results of the November 8, 2022, City of Stockton, General Municipal Election as certified by the San Joaquin County Registrar of Voters.
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Proposed Resolution - Certifying Election Results
Exhibit 1 - Certificate of Election Results
Exhibit 2 - Statement of Votes
Approved Resolution 2022-12-13-1203
12.4 22-1120 LEASE WITH CALTRANS FOR AREA UNDER THE CROSSTOWN FREEWAY Resolution 2022-12-13-1204
:
1. Authorizing an amendment of Airspace Ground Lease No. 10-SJX005-0100-01 between the State of California, Department of Transportation (Caltrans) and the City of Stockton; and
2. 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
Attachment B - Aerial Map
Attachment C - Resolution 01-0478
Attachment D - Resolution 2018-07-21-1402-02 - Shelter expansion Proposed Resolution - CalTrans Lease Amendment - Stockton Shelter Exhibit 1 - Amendment Right of Way Use Agreement
Approved Resolution 2022-12-13-1204
12.5 22-1146 APPROVE MOTION TO INCREASE ANNUAL ANIMAL SERVICES MEDICAL SUPPLY PURCHASES AMOUNT TO $297,000 Legislation Text
Approve
Motion 2022-12-13-1205
:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process.
2. Increasing the annual purchase of medicine and medical supplies for the Stockton Police Department Animal Shelter from MWI Veterinary Supply, Inc. (MWI) in the amount of $297,000.
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.
12.6 22-1147 APPROVE MOTION TO AMEND A COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT TO PURCHASE NEW LOCKERS FOR THE STOCKTON POLICE DEPARTMENT WOMEN’S LOCKER ROOM Motion 2022-12-13-1206
:
1. Authorizing the City Manager to amend a Cooperative/Piggyback Purchase Agreement utilizing the Sourcewell Contract Number 121919 and execute an agreement with Krueger International, Inc. dba KI for the purchase and installation of lockers as part of Stockton's Police Department Basement Remodel project, adding $210,000 for a total not-to-exceed cost of $565,163; and
2. Authorizing and directing the City Manager to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Proposal with Amendment
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 22-1198 APPROVE ORDINANCES AMENDING THE MORATORIUMS ON RESIDENTIAL AND NON-RESIDENTIAL TENANT EVICTIONS WHERE THE FAILURE TO PAY RENT WAS A RESULT OF COVID-19 Legislation Text
Attachment A - Approved Residential Eviction Moratorium Attachment B - Approved Non-Residential Eviction Moratorium Proposed Ordinance - Amendment to Residential Eviction Moratorium Proposed Ordinance - Amendment to Non-Residential Eviction Moratorium Approved Ordinance 2022-12-13-1501-01
Approved Ordinance 2022-12-13-1501-02
The following persons spoke to the item: Paolo Enriquez; Harpreet Chima Approve 1.
Ordinance 2022-12-13-1501-01
amending Ordinance 2020-06-09-1402, the moratorium on residential tenant evictions due to COVID-19; and
2. Ordinance 2022-12-13-1501-02
amending Ordinance 2021-01-12-0802-02, the moratorium on evictions of certain non-residential tenants where failure to pay rent results from COVID-19.
With the amendment to change the end date to March 31, 2023.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote: Motion failed 3-4
Yes: Paul Canepa, Kimberly Warmsley, and Daniel Wright.
No: Christina Fugazi , Sol Jobrack, Susan Lenz, and Kevin J Lincoln II.
Approve
Ordinance 2022-12-13-1501-01
amending Ordinance 2020-06-09-1402, the moratorium on residential tenant evictions due to COVID-19; and Ordinance 2022-12-13-1501-02
amending Ordinance 2021-01-12-0802-02, the moratorium on evictions of certain non-residential tenants where failure to pay rent results from COVID-19.
Moved by
: Sol Jobrack, seconded by Christina Fugazi .
Vote
: Motion carried 4-3
Yes
: Christina Fugazi , Sol Jobrack, Susan Lenz, and Kevin J Lincoln II.
No
: Paul Canepa, Kimberly Warmsley, and Daniel Wright.
15.2 22-1111 ACCEPT THE FISCAL YEAR 2021-22 FOURTH QUARTER BUDGET STATUS UPDATE, AUTHORIZE BUDGET AMENDMENTS, AND MAKE ALLOCATIONS TO GENERAL FUND RESERVES Legislation Text
Attachment A - FY 2021-22 General Fund Year-End Report
Attachment B - FY 2021-22 General Fund Revenues
Attachment C - Project List
Attachment D - Other Fund Summary FY 2020-21
Proposed Resolution - FY 2021-22 4th Quarter
Approved Resolution 2022-12-13-1502
15.2 - PPT - FY 21-22 4th Quarter Budget Update
Resolution 2022-12-13-1502
1. Accepting this budget status report on the unaudited results of the fourth quarter of Fiscal Year (FY) 2021-22.
2. Allocating the General Fund Vacancy Savings budget reduction for FY 2021-22 from Other Administration (Non-Departmental) category to the following departments:
Reducing Expenditure Budget:
Department Amount
a. City Clerk ($82,120)
b. Office of Violence Prevention ($123,000) c. Economic Development ($86,000)
Increasing Expenditure Budget:
Other Administration (Non-Departmental) $291,120
3. Authorizing the following budget amendment to cover FY 2021-22 overage:
a. Increasing expenditure appropriation of $18,000 in the Downtown Marina Fund (640) from fund balance due to an equipment acquisition not being recorded in FY 2020-21 and therefore recorded in FY 2021-22.
4. Authorizing a reserve for future appropriation of $2,500,000 from FY 2021-22 available funds to be added to $1,100,000 remaining from June 30, 2021 for a total of $3,600,000 to fund the estimated increase in future year Assured Guaranty Settlement contingent payments.
5. Authorizing a remittance in the amount of $10,000,000 to Public Agency Retirement Services (PARS) for deposit to the City of Stockton Public Agency Post Employment Benefits Trust (Trust) from the General Fund.
6. Authorizing FY 2022-23 General Fund appropriation, including fund transfers, from General Fund balance for $5,667,000 in Council priority projects and authorize the reallocation of up to $440,000 in remaining balances from the FY 2020-21 Council priority projects to the FY 2022-23 Council priority projects. The specific projects to be funded will be determined following review by the Council Budget / Finance / Economic Development Committee and approval by the full City Council.
7. Allocating available fund balance to reserve categories consistent with the Council Reserve and Fund Balance Policy - General Fund Policy. The net increase in fund balance will be added to the current reserve levels to achieve the total reserve amounts as follows:
Priority 1 Reserves
Working Capital $47,200,000
Known Contingency $55,300,000
Priority 2 Reserves
Risk-Based Reserves $10,800,000
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Paul Canepa, and no seconder required.
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
None
17. CITY MANAGER’S UPDATE
Harry Black, City Manager - appreciation towards Councilmembers who are leaving
18. COUNCIL COMMENTS
Councilmember Jobrack - privilege to serve this community, work with the staff and fellow Councilmembers Vice Mayor Fugazi - congratulated to those nominated to boards and commissions; expressed appreciation to fellow Councilmembers, thanked City Manager and Clerk staff; wished all a Happy Holiday Councilmember Warmsley - congratulated those nominated to boards and commissions; Stribley Center warming center; December 16, 2022 Weston Ranch Community event; December 19, 2022 New Birth Community Center Christmas Drive; update on DC SJAFCA trip; expressed appreciation to Councilmembers; wished all a Happy Holiday season Councilmember Wright - congratulated Anthony Barkett; updates from SAJAFCA Conference; expressed appreciation to fellow Councilmembers Councilmember Lenz - thanked Councilmember Wright and Councilmember Warmsley; expressed appreciation to fellow Councilmembers who are leaving; wished all a Happy Holiday Mayor Lincoln - thanked staff and the community; expressed appreciation to fellow Councilmembers Councilmember Canepa - privilege to serve this community; thanked to family and City staff; expressed appreciation to fellow Councilmembers
19. ADJOURNMENT - 8:06 PM
INFORMATIONAL ITEMS
1. 22-1190 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2023 This Item was Informational only. No action taken.
Legislation Text
2023 Local Appointment List - Maddy Act
Eliza R. Garza, CMC
City Clerk