MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF January
10, 2023
Stockton Arena, 248 W Fremont St, Stockton, CA
Note: The CLOSED SESSION of the City Council of the City of Stockton scheduled for 4:00 PM was cancelled.
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1214 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 22-1216 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 22-1218 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 22-1220 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 22-1222 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 22-1224 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 - 5:37 PM
Roll Call
Present:
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
7. INVOCATION/PLEDGE TO FLAG
Tashante McCoy gave the Invocation and the Pledge of Allegiance as led by Jordan Hill
OATH OF OFFICE/SWEARING IN CEREMONY
Swearing-In Ceremony: Michele Padilla
The Oath of Office for Councilmember: Elect Padilla was administered by her Virginia Padilla, mother. Certificate of Election presented by Eliza Garza, City Clerk Councilmember Padilla: Thank you to those who provided support.
Swearing-In Ceremony: Michael Blower
The Oath of Office for Councilmember: Michael Blower was administered by her Caroline Blower, daughter. Certificate of Election presented by Eliza Garza, City Clerk Councilmember Blower: Thank you to those who supported him, campaigns Swearing-In Ceremony: Brando Villapudua
The Oath of Office for Councilmember: Brando Villapudua was administered by Carlos Villapudua, Assemblymen. Certificate of Election presented by Eliza Garza, City Clerk Councilmember Villapudua: relationship with the Community, thank you to those who provided support Roll Call
Present:
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Brando Villapudua
Michele Padilla
Michael Blower
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
None
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Leslie Avausino - San Joaquin County Fair (document filed) Leslie Avausino - Document Filed
Patricia Barrett - Walmart distribution center, health of South Stockton Nancy Lamb - welcomed new Councilmembers
Mary Elizabeth - congratulating new Councilmembers, climate change William Maxwell –
The Fight to Save The Town
Cynthia Gail Boyd - flooding HWY99 at Dillard Road
Motec Sanchez - congratulated new Councilmembers, special interest group Alexandra Heredia - NorCal Carpenter’s Union, congratulated new Councilmembers
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for items 12.1, 12.2, 12.4, 12.5, and 12.6 which were considered separately Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.1 22-1177 PUBLIC FACILITY FEE ANNUAL REPORTS FOR FISCAL YEAR 2021-22 Legislation Text
Attachment A - PFF Program Annual Report FY22
The following persons spoke to the following item: Mary Elizabeth Approve
Motion 2023-01-10-1201
Accepting the Public Facilities Fee Program Annual Report for Fiscal Year 2021-22 (Attachment A) to comply with State reporting requirements.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Daniel Wright, seconded by Susan Lenz.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.2 23-0004 APPROVAL OF CITY COUNCIL MINUTES
Legislation Text
Attachment A - 2022-10-04 Minutes
Approve
Motion 2023-01-10-1202
Approving the minutes from the City Council meeting of October 4, 2022 Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Recuse
: Michele Padilla.
12.3 22-1033 ADOPT AN ORDINANCE AMENDING TWO SECTIONS OF TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH THE STOCKTON 2040 GENERAL PLAN Ordinance 2023-01-10-1203
1. Approving by motion, a finding that further environmental review is not required for the proposed amendments to Title 16 (Development Code) per the California Environmental Quality Act (CEQA) pursuant to 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines) and per Stockton Municipal Code Section 16.116.050; and
2. Adopting an Ordinance amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Sections 16.80.210 (Mobilehome Parks and Subdivisions) and 16.80.215 (Multi-Unit Residential).
3. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.
Legislation Text
Attachment A - 04-05-2022 Staff Report
Attachment B - 07-12-2022 Staff Report
Attachment C - Proposed Ordinance - Redline Version
Proposed Ordinance
Approved Ordinance 2023-01-10-1203
12.4 22-1169 ADOPT A RESOLUTION TO APPROVE THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2023-2024 Legislation Text
Attachment A - Resolution No. 11-0251
Attachment B - City Loans
Proposed Resolution - ROPS
Exhibit 1 - ROPS Report
Approved Resolution SRD 2023-01-10-1204
Approve
Resolution SRD 2023-01-10-1204
1. Approving the Recognized Obligation Payment Schedule for the period of July 1, 2023, through June 30, 2024 (Exhibit 1 to the Resolution) as required under Health and Safety Code section 34177(o); and
2. Authorizing the Executive Director to take necessary and appropriate actions to carry out the purpose and intent of the resolution.
Moved by
: Susan Lenz, seconded by Michael Blower.
Vote
: Motion carried 7-0
Yes
: Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, Brando Villapudua, Michele Padilla, and Michael Blower.
12.5 22-1179 APPROVE SUBMITTAL OF A SUSTAINABLE GROUNDWATER MANAGEMENT GRANT APPLICATION TO THE DEPARTMENT OF WATER RESOURCES Legislation Text
Proposed Resolution
Approved Resolution 2023-01-10-1205
The following persons spoke to the following item: Mary Elizabeth Approve
Resolution 2023-01-10-1205
Approving submittal of a grant application to the Department of Water Resources for the 2021 Sustainable Groundwater Management Grant Program.
Authorizing the City Manager to take appropriate actions to carry out the purpose and intent of this resolution.
Moved by
: Daniel Wright, seconded by Michael Blower.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.6 22-0972 ADOPT RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 AND APPROPRIATE AND TRANSFER FUNDING FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT PROJECT Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Contract Change Order No. 2
Approved Resolution 2023-01-10-1206
Approve
Resolution 2023-01-10-1206
1. Appropriating additional funds in the amount of $245,000 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
2. Transferring funds in the amount of $375,000 from Project No. WT21016, Grant Match Project, to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
3. Authorizing Construction Contract Change Order No. 2 in the amount of $470,000 with Sinclair General Engineering Construction, Inc., for the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Moved by
: Susan Lenz, seconded by Michael Blower.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.7 23-0043 MAYORAL APPOINTMENTS TO COUNCIL COMMITTEES AND COMMITTEE STRUCTURE/FUNCTION ROSTER Resolution 2023-01-10-1207
Approving a resolution amending the Mayoral Appointments to Council Committees and Committee Structure/Function roster effective immediately.
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Proposed Resolution
Exhibit 1
Approved Resolution 2023-01-10-1207
Note: A memorandum to the Council, dated January 10, 2023 regarding Item 12.7 was distributed around the bench and filed Around the bench memo
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
None
16. HEARINGS
16.1 22-1186 ADOPT AN ORDINANCE AMENDING MULTIPLE SECTIONS OF TITLE 16 OF THE STOCKTON MUNICIPAL CODE FOR WAREHOUSE RETAIL STORES ("BIG BOX") Legislation Text
Attachment A - Big Box Ordinance #018-07
Attachment B - Proposed Ordinance - redlined
Attachment C - Zones Allowing Warehouse Retail Stores
Attachment D - Approved Planning Commission Resolution
Proposed Ordinance
Approved Ordinance 2023-01-10-1601
PPT - 2023_01_10 Code Amendment Warehouse Retail Stores - 16.1 Approve
Ordinance 2023-01-10-1601
1. Finding no further environmental review is required for proposed code amendments pursuant to the California Environmental Quality Act (CEQA) section 15183 (consistency with General Plan and Community Plan)
2. Adopting an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Section 16.20.020 (Allowable Lane uses and permit requirements), Section 16.24.090 (CG "commercial, general" zoning district standards), Section 16.24.100 (CD "commercial, downtown) zoning district standards), and Section 16.24.110 (CL "commercial, large-scale" zoning district standards) with one modification, to allow big box warehouse retail stores in the commercial downtown.
Authorizing the City Manager to take any appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 7-0
Yes
: Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, Daniel Wright, Brando Villapudua, Michele Padilla, and Michael Blower.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Warmsley - welcomed new Council, thanked City staff for work during the storms Councilmember Wright - welcomed new Councilmembers, thanked City staff Councilmember Lenz - welcomed new Councilmembers, commended City staff Councilmember Padilla - thanked City staff
Councilmember Blower - excited to work with staff and Councilmembers Councilmember Villapudua - thank you to Christina Fugazi, excited to work with Councilmembers Mayor Lincoln - Happy New Year to the community, welcoming new Councilmembers, thanked City staff
19. ADJOURNMENT - 7:18 PM
INFORMATIONAL ITEMS
1. 23-0028 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken
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CSC 2022-05-19
CSC 2022-06-16
CSC 2022-07-21
CSC 2022-08-18
PC 2022-05-26
PC 2022-06-09
Eliza R. Garza, CMC
Stockton City Clerk