MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF January
24, 2023
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:02 PM
Roll Call
Present:
Brando Villapudua
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Absent:
Michael Blower, Michele Padilla, and Daniel Wright.
NOTE: Councilmember Blower arrived to Closed Session at 4:05 PM
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-1215 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Devin Carter, et al. v. City of Stockton, et al. (United States District Court Case No. 2:21-CV-00607-KJM-CKD)
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 22-1217 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 22-1219 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 22-1221 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 22-1223 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 22-1225 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 4:03 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:
Michael Blower
Brando Villapudua
Michele Padilla
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
7. INVOCATION/PLEDGE TO FLAG
Kevin White, Crosstown Community Church provided the Invocation and The Pledge of Allegiance was led by Councilmember Padilla
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Lori Asuncion, City Attorney reported that in the matter of Devin Carter, United States District Court Case No. 2:21-CV-00607-KJM-CKD, Council voted 5-0 to settle in the amount of $1 Million.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
None
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Zoyla Moreno - congratulated new Councilmembers; Big Box Ordinance Barbara King - Aspire River Oaks Charter School
Jack Blueford - homelessness
James Blueford - housing
Ernesto Lopez - trash
Mark Stebbins - Economy; County Fair grounds; Van Buskirk Frank Crumb - community wellness; youth
Gurneel Bopari - support of Agenda item 12.2
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for item 12.3 which was 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 23-0033 APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS Resolution 2023-01-24-1201
ratifying Councilmember appointments to the Community Development Committee, Measure A Citizens' Advisory Committee, and Water Advisory Group Legislation Text
Attachment A - CDC Applications
Attachment B - Measure A Applications
Attachment C - WAG Application
Proposed Resolution - Appointments CC
Approved Resolution 2023-01-24-1201
Note: A memorandum to the Council, dated January 24, 2023 regarding Item 12.1 was distributed around the bench and filed Around the Bench Memo
12.2 23-0034 RATIFY APPOINTMENTS TO PLANNING COMMISSION Resolution 2023-01-24-1202
ratifying appointments to the Stockton Planning Commission.
Legislation Text
Attachment A - Redacted Applications
Proposed Resolution - PC Appointment
Approved Resolution 2023-01-24-1202
The following persons spoke to the item: Gurneel Boparai
12.3 22-1184 AMENDMENT TO COMMUNICATIONS SITE LEASE AT VALVERDE PARK IN NORTHEAST STOCKTON Legislation Text
Attachment A - Vicinity Map
Attachment B - Council Resolution 02-0272
Attachment C - Valverde Park - T-Mobile Lease
Proposed Resolution - Lease Amendment
Exhibit 1 - First Amendment - Valverde Park
Approved Resolutions 2023-01-24-1203
Approve
Resolution 2023-01-24-1203:
1. Authorizing an amendment of Communications Site Lease at Valverde Park between T-Mobile West Tower LLC and the City of Stockton
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.
Moved by
: Michele Padilla, seconded by Daniel Wright.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
12.4 23-0018 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY CCP TASK FORCE’S PROGRAM ENHANCEMENT REQUEST, ONE-TIME VEHICLE FUNDING, AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET Resolution 2023-01-24-1204:
1. Authorizing the City Manager, or designee, to accept $327,115 in Fiscal Year (FY) 2022-23 AB 109 funding for the San Joaquin County Community Corrections Partnership Task Force
2. Approving a program enhancement and one-time vehicle funding to the FY 2022-23 Annual Budget to increase the Police Other Special Revenue Fund, San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $327,115
3. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution.
Legislation Text
Attachment A - AB109 Program Enhancement Request
Proposed Resolution
Approved Resolution 2023-01-24-1204
12.5 23-0038 ADOPT RESOLUTION TO APPROVE HIRING RAYNETTE CRINER, STEPHANIE VALENTINE, AND KIM WASHINGTON AS RETIRED ANNUITANTS Resolution 2023-01-24-1205
:
1. Authorizing the City Manager to employ retired annuitants Stephanie Valentine and Raynette Criner in temporary part-time positions as Police Telecommunicator II, and Kim Washington as a Police Telecommunications Supervisor; and
2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - CS 23 New Hires
Approved Resolution 2023-01-24-1205
12.6 22-0907 APPROVE MOTION TO AUTHORIZE AMENDMENT NO. 2 FOR THE TACTICS TRAFFIC CONTROL SYSTEM PROJECT Motion 2023-01-24-1206
:
1. Executing Amendment No. 2 in the amount of $27,733.33 for one additional year of support with Western Systems, Inc., for the TACTICS Traffic Control System, Project No. WT15022.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Amendment No. 2
12.7 22-0908 APPROVE MOTION TO EXECUTE AMENDMENT NO. 2 TO THE COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT FOR THE NEW CITY HALL RENOVATIONS AND RELOCATION PROJECT Motion 2023-01-24-1207
:
1. Executing Amendment No. 2 to Cooperative/Piggyback Purchase Agreement No. 422000200 with Haworth, Inc. to add $4,000,000 to the existing contract valuation for the New City Hall Renovations and Relocation, Project No. E016015.
2. Authorizing the City Manager to execute Purchase Orders up to $4,000,000, including those that exceed the $100,000 Council limit individually, to carry out the next phase for the New City Hall Renovations and Relocation, Project No. E016015, associated with Amendment No. 2.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Vicinity Map
Attachment B - Amendment 2
12.8 22-1073 APPROVE MOTION TO AWARD A SUPPLY CONTRACT FOR THE PURCHASE OF HOT MIX ASPHALT Motion 2023-01-24-1208
:
1. Approving the specifications for the Purchase of Hot Mix Asphalt, Project No. WD23003.
2. Awarding a Supply Contract in the amount of $3,008,000 to Granite Construction Co. of French Camp, CA, for the Purchase of Hot Mix Asphalt, Project No. WD23003.
3. Authorizing the City Manager to execute two optional one-year extensions to the original term of the Supply Contract, in the amount not to exceed $2,014,000, for a total amount of $5,022,000.
Authorizing the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Contract
Attachment B - Funding Breakdown Over Contract Term
12.9 22-1172 ADOPT RESOLUTION TO AUTHORIZE THE LIGHTED CROSSWALK UPGRADES PROJECT Resolution 2023-01-24-1209
:
1. Approving Notice of Exemption No. NOE33-22 under the California Environmental Quality Act for the Lighted Crosswalk Upgrades, Project No. WT15026.
2. Approving the plans and specifications for the Lighted Crosswalk Upgrades, Project No. WT15026.
3. Transferring funds in the amount of $150,000 from the Traffic Signal Control System Program, Project No. WT15022 to the Lighted Crosswalk Upgrades, Project No. WT15026.
4. Awarding a Construction Contract in the amount of $795,688.25 to Ray's Electric of Oakland, CA, for the Lighted Crosswalk Upgrades, Project No. WT15026.
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 2023-01-24-1209
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0045 ACCEPT THE 2023 VAN BUSKIRK MASTER PLAN DESIGN Legislation Text
Attachment A - 2023 Van Buskirk Master Plan Design
PPT - 15.1 - Van Buskirk Master Plan Design
The following persons spoke to the item: Mark Stebbins; Zoyla Moreno Approve
Motion 2023-01-24-1501
accepting the Master Plan Design for the reuse of Van Buskirk Golf Course.
Authorizing the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Kimberly Warmsley, seconded by Brando Villapudua.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
15.2 23-0050 EXECUTION OF A MEMORANDUM OF UNDERSTANDING RELATED TO FUNDING FOR THE MOSSDALE TRACT AREA PROJECT AND THE ISSUANCE OF THE 2022 ADEQUATE PROGRESS REPORT TO CONFIRM A 200-YEAR URBAN LEVEL OF FLOOD PROTECTION ADEQUATE PROGRESS FINDING FOR THE MOSSDALE TRACT Legislation Text
Attachment A - MOU
PPT - 15.2 - SJAFCA
Approve
Motion 2023-01-24-1502
delegating authority to the City Manager to execute a Memorandum of Understanding related to funding for the Mossdale Tract Area Project (Attachment A), thus allowing the San Joaquin Area Flood Control Agency to issue the 2022 Annual Adequate Progress Report Update for Urban Level of Flood Protection (2022 APR).
Moved by
: Kimberly Warmsley, seconded by Daniel Wright.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
15.3 22-1189 APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION Legislation Text
Attachment A - Redacted Applications
Proposed Resolution - CSC Appointment
Approved Resolution 2023-01-24-1503
Approve
Resolution 2023-01-24-1503
appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2026.
Moved by
: Kimberly Warmsley, seconded by Brando Villapudua.
Vote
: Motion carried 7-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
16. HEARINGS
16.1 22-1032 ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE AND A RESOLUTION APPROVING A COMMISSION USE PERMIT FOR A PERSONAL MINI-STORAGE FACILITY FOR PROPERTY LOCATED AT 530 E. MARKET STREET (APN 149-130-18) (P21-1084) Legislation Text
Attachment A - Location, General Plan, and Zoning Map
Attachment B - Proposed Redline Ordinance
Attachment C - Project Plans
Attachment D - Similar Jurisdictions with Downtown Storage Facilities Attachment E - Radius Limitation Comparison
Attachment F - Neighborhood Meeting Notice
Attachment G - PC Resolution-2022-10-13-0501
Proposed Ordinance
Proposed Resolution - CUP
Exhibit 1 - Project Plans
Approved Ordinance 2023-01-24-1601
Approved Resolution 2023-01-24-1601
PPT - 16.1 - Personal Mini Storage Facility Use P21-1084 Approve
Motion 2023-01-24-1601
:
1. Finding that no further environmental review is required per the California Environmental Quality Act (CEQA) pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) and Section 15332 (In-fill Development Projects) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and
2. Adopting
Ordinance 2023-01-24-1601
amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2 (Allowable land uses and permit requirements) and Section 16.80.200 (Mini-storage facilities); and
3. Approving
Resolution 2023-01-24-1601
approving a Commission Use Permit to establish a personal mini-storage facility at 530 E. Market Street, subject to conditions.
4. Authorizing the City Manager or designee to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.
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.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Blower - thanked League of Cities
Councilmember Warmsley - city pets, animal control; Future Well Program; Astronomy Park Program; request McKinley Park update; homelessness, Critical Infrastructure, public health outbreak; trees in parks, storm maintenance; Stockton Police Department traffic enforcement; plans to work with State and Federal representatives, infrastructure; food giveaway on February 2, 2023 at noon in McKinley Park parking lot; upcoming townhall meetings Councilmember Padilla - attending League of California Cities in February; Big Box Ordinance, developing downtown area; AdHoc Homelessness Committee Meeting March 2, 2023; Parks and Recreation Committee Meeting Councilmember Villapudua - League of Cities; thanked Planning Commissioner Councilmember Wright - McKinley Park RFP; Charter Way, Martin Luther King Blvd; Adopt-a-Street Program, trash pick up, Clean City Initiative; Aspire River Oaks Charter School; attended East Bay Community Energy Collaborative, CPUC approval pending, alternate member; chairing League of California Economic Development and Housing Committee, Our Neighborhood Voices; attending San Joaquin Valley Regional Policy Committee, expansion of Hwy 99, inland ports, high speed rail, ACE Expansion to Merced; Audit Committee Meeting, Annual Financial Report; in-person office hour at Arnold Rue Community Center; Council Water Committee Meeting, requested discussion on our slough water system, flooding, pump failures; Mayor’s letter of support for Cal Trans Transit and Inner City Rail Program Councilmember Lenz - Clean City Initiative, requested report out from staff Mayor - update on trash clean up, Clean City Initiative, Ask Stockton; thanked Councilmember Wright, policy advocacy; US Conference of Mayors
19. ADJOURNMENT - 8:53 PM
INFORMATIONAL ITEMS
1. 23-0029 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken.
Legislation Text
Audit 2022-09-12
CSC 2022-09-15
Homelessness 2022-09-15
Leg Committee 2022-07-20
Leg Committee 2022-08-17 - Copy
Leg Committee 2022-09-21
PC 2022-10-13
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK