MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF April
4, 2023
Council Chamber - City Hall, 425 N. El Dorado Street, Stockton, California
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:00 PM
Roll Call
Present:
Brando Villapudua
Michele Padilla
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Michael Blower.
Note: Councilmember Blower arrived to Closed Session at 4:01 PM
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 23-0278 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Kevin Brasley, et al. v. City Council of Stockton, et al. (United States District Court, Eastern District, Case No. 2:20-CV-01967-JAM-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 23-0300 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 23-0301 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 23-0302 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 23-0305 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 23-0303 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 adjourned at 5:00 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
The Invocation was provided by Pastor Shields of Progressive Community Church and The Pledge of Allegiance was led by Councilmember Villapudua
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Lori Asuncion, City Attorney reported in the matter of Kevin Brasley, et al. v. City Council of Stockton, et al.(United States District Court, Eastern District, Case No. 2:20-CV-01967-JAM-CKD) City Council voted unanimously to settle the matter in the amount of $195,000.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.2 23-0351 PROCLAMATION/CERTIFICATE: NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK - APRIL 9-15, 2023 Legislation Text
Bryan Carr, Division Chief for Dispatch Center, Fire Department - thanked staff Captain Kyle Pearce, Dispatch Center, Police Department - thanked Council as well as Dispatch center staff
10.1 23-0350 PROCLAMATION: NATIONAL ANIMAL CARE AND CONTROL APPRECIATION WEEK - APRIL 9-15, 2023 Legislation Text
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Dominick Gulli - San Joaquin Area Flood Control, flood control (Document Filed) Document Filed - Dominick Gulli
Pandora Crowder - Community Police Officers
Vincent Sayles - rebounding
Michael Huiras - poverty
Council Correspondence - Public Comments
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save for items 12.8, 12.9, and 12.11 which were considered separately 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.
12.1 23-0312 ADOPT RESOLUTION TO ACCEPT A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS Resolution 2023-04-04-1201
:
1. Authorizing the City Manager to accept a grant from the Federal Emergency Management Agency (FEMA) for the 2021 Assistance to Firefighters Grant in the amount of $687,272.72 for the replacement of 108 self-contained breathing apparatus (SCBA) systems.
2. Authorizing the City Manager to appropriate $68,727.28 from the Measure W Public Safety Fund balance to cover the required 10 percent of federal fund local match for the replacement of 108 SCBA systems.
3. Authorizing the City Manager to appropriate $121,580.80 from the Measure W Public Safety Fund balance for the replacement of 20 additional SCBA systems.
4. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
5. Approving the use of a California Department of General Services Contract No. 1-22-42-04 to provide the City access to preferential pricing of Scott brand SCBA from Allstar Fire Equipment, Inc.
6. Authorizing the City Manager to execute a participating agreement in the amount of $877,580.80 with Allstar Fire Equipment, Inc. to purchase 128 SCBA systems.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Award Letter
Attachment B - Allstar Fire Equipment Agreement
Proposed Resolution
Approved Resolution 2023-04-04-1201
12.2 23-0317 APPROVE A MOTION AUTHORIZING A NON-EXCLUSIVE PURCHASE AGREEMENT WITH ALLSTAR FIRE EQUIPMENT FOR LION BRAND TURNOUTS AND RELATED PERSONAL PROTECTIVE EQUIPMENT AND RATIFY THE EMERGENCY PURCHASE OF 20 SETS OF LION TURNOUTS Motion 2023-04-04-1202:
1. Approving findings and ratifying City Manager's approval of an emergency purchase order issued February 6, 2023, for the purchase of 20 sets of Lion turnouts for $87,766.80.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Authorizing the City Manager to execute a non-exclusive purchase agreement with Allstar Fire Equipment, Inc. for the purchase of Lion brand turnouts and related personal protective equipment. The agreement will be for an amount not to exceed $1,500,000.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Allstar Fire Equipment Inc. Agreement
Attachment B - Emergency Purchase Order 22303602
12.3 23-0209 APPROVE A MOTION TO INCREASE FUNDING FOR NATIONAL IPA COOPERATIVE AGREEMENT FOR INFORMATION TECHNOLOGY SOLUTIONS AND SERVICES Motion 2023-04-04-1203:
1. Adding funding to the National IPA (NIPA) Cooperative Agreement Contract Number 2018011-01 approved by Council on March 10, 2020, Motion 2020-03-10-1401 with CDW Government LLC (CDW-G) for a term which ends on February 28, 2025, for Information Technology Solutions and Services from Dell Marketing L.P. for a total estimated additional amount of $2,060,000 and totaling $14,560,000 for the term of the contract (Attachment A); and
2. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Amendment #3
12.4 23-0257 APPROVE MOTION TO INCREASE EXPENDITURE AUTHORITY FOR RADIO COMMUNICATIONS SYSTEM FOR ONE ADDITIONAL YEAR OF MAINTENANCE, REPAIRS AND SUPPORT OF THE CURRENT PUBLIC SAFETY RADIO SYSTEM WITH DELTA WIRELESS, INC.
Motion 2023-04-04-1204:
1. Authorizing the City Manager to spend a total estimated amount of $607,685 beginning July 1, 2023 through June 30, 2024 for public safety radio and infrastructure maintenance fees, non-covered repairs, and support services to Delta Wireless for the City's radio communication system
2. Approving findings under Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bid process
3. Authorizing the City Manager to take necessary and appropriate actions to carry out the purpose and the intent of this motion.
Legislation Text
Attachment A - Delta Wireless - Fire Adtran
Attachment B - Delta Wireless - Radio Maintenance
Attachment C - Delta Wireless Radio Amendment
Attachment D - Delta Wireless Certification Letter
Attachment E - Delta Wireless Quotes
12.5 23-0250 AWARD A CONSTRUCTION CONTRACT TO BLOCKA CONSTRUCTION, INC. FOR THE SMITH CANAL SANITARY PUMP STATION ODOR CONTROL UNIT REPLACEMENT AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET Resolution 2023-04-04-1205:
1. Approving the filing of Notice of Exemption No. NOE27-22 under the California Environmental Quality Act (CEQA) for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 1 to the Resolution).
2. Approving the project Plans and Specifications for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 2 to the Resolution).
3. Awarding a $239,500.00 Construction Contract to Blocka Construction, Inc. of Pleasanton, CA, for the Smith Canal Sanitary Pump Station Odor Control Unit Replacement Project, Project No. UW23021 (Exhibit 3 to the Resolution).
4. Authorizing the appropriation of Wastewater Utility funds in the amount of $60,000.00 from Fund Balance to Smith Canal Sanitary Pump Station Odor Control Unit Replacement, Project No. UW23021.
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 - Notice of Exemption
Exhibit 2 - Plans and Specifications
Exhibit 3 - Construction Contract
Approved Resolution 2023-04-04-1205
12.6 23-0251 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH LUHDORFF & SCALMANINI CONSULTING ENGINEERS FOR ADDITIONAL SERVICES AT WATER WELL NO. 33 Resolution 2023-04-04-1206
Authorizing Contract Amendment No. 1, in the amount of $52,250, with Luhdorff & Scalmanini Consulting Engineers for additional services at Water Well No. 33, Project No. UH22005.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - LSCE Contract
Attachment B - LSCE Change Order Request
Proposed Resolution
Exhibit 1 - LSCE Contract Amendment No. 1
Approved Resolution 2023-04-04-1206
12.7 23-0252 ADOPT A RESOLUTION TO AUTHORIZE A FIVE-YEAR CONTRACT WITH BEST ENVIRONMENTAL FOR COGENERATION SYSTEM TESTING SERVICES Resolution 2023-04-04-1207:
1. Approving the plans and specifications for the Request for Proposals for the Source Testing for the Stockton Regional Wastewater Control Facility (PUR 23-003).
2. Authorizing a five-year contract with Best Environmental of Livermore, California, to provide cogeneration engine system testing services for a total amount not-to-exceed $201,350.00.
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 - PUR-23-003_SourceTesting-PlansandSpecs
Exhibit 2 - PUR-23-003_SourceTesting-Contract
Approved Resolution 2023-04-04-1207
12.8 23-0255 APPROVE MOTION TO ADOPT STANDARD AGREEMENT AMENDMENT BETWEEN ALL CREATURES VETERINARY CLINIC AND THE CITY OF STOCKTON IN THE AMOUNT OF $90,000 Legislation Text
Attachment A - Amendment - Vet After Hours and Emergency Approve
Motion 2023-04-04-1208
:
Authorizing the City Manager to approve the Standard Agreement Amendment No. 2 between All Creatures Veterinary Clinic (All Creatures) and the City of Stockton, increasing the Compensation subsection by a maximum not to exceed amount of $90,000.
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.
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.
12.9 23-0091 APPROVE MOTION TO AUTHORIZE THE SUBMITTAL OF DR. MARTIN LUTHER KING JR. BOULEVARD RAIL AND ROADWAY RECONSTRUCTION PROJECT TO THE SAN JOAQUIN COUNCIL OF GOVERNMENTS FOR "ONE VOICE" PROJECT PRIORITY FOR FEDERAL FISCAL YEAR 2023-2024 Legislation Text
Approve
Motion 2023-04-04-1209:
1. Authorizing the submittal of Dr. Martin Luther King Jr. Boulevard Rail and Roadway Reconstruction project to the San Joaquin Council of Governments for proposed federal funding as part of the annual "One Voice" trip to Washington, D.C.
2. Authorizing associated agreements and undertake actions to accept and receive the funding in the event that the funding request is successful, including any future amendments.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Kimberly Warmsley, 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.
12.10 23-0100 ADOPT RESOLUTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 4, AND APPROPRIATE FUNDING FOR THE ALEXANDRIA AND FIVE MILE SLOUGH CULVERT REPLACEMENT PROJECT Resolution 2023-04-04-1210:
1. Appropriating additional funds in the amount of $289,785 from the Measure K Maintenance fund balance to the Alexandria and Five Mile Slough Culvert Replacement, Project No. WT19018.
2. Authorizing Balancing Construction Contract Change Order No. 4 in the amount of $289,785 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.
Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - BCCO 4
Approved Resolution 2023-04-04-1210
The following person spoke to this item: Dominick Gulli
12.11 23-0133 APPROVE FINDINGS FOR EMERGENCY CONSTRUCTION FOR THE REPAIRS OF VANDALIZED STREET LIGHTS CITYWIDE PROJECT Legislation Text
Attachment A - Contract - St. Francis Electric, LLC
Proposed Resolution
Exhibit 1 - Contract Change Order
Approved Resolution 2023-04-04-1211
Approve
Resolution 2023-04-04-1211:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Appropriating additional funds in the amount of $517,810.52 from the Measure K Fund balance to the Fiscal Year 2022-23 Measure K Maintenance Fund.
3. Authorizing Contract Change Order No. 1 in the amount of $253,235.52 with St. Francis Electric, LLC for the Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.
4. Approving payment in the amount of $517,810.52 to St. Francis Electric, LLC of San Leandro, CA, for the construction of Repairs of Vandalized Street Lights Citywide, Project No. OM-23-055.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
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.
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0342 UPDATE ON CLEAN CITY INITIATIVE
Informational only. No action taken.
Legislation Text
Attachment A - 2022 CCI Closeout and 2023 Look Ahead
PPT - 15.1 - Update on Clean City Initiative
16. HEARINGS
16.1 23-0073 ADOPT BY MOTION, THE 2022 GENERAL PLAN AND HOUSING ELEMENT ANNUAL PROGRESS REPORTS AND AUTHORIZE THE CITY MANAGER TO SUBMIT REPORTS TO THE STATE HOUSING DEPARTMENTS TO COMPLY WITH STATE LAW Legislation Text
Attachment A - 2040 General Plan Progress Report
Attachment B - 2015-2023 Housing Element Progress Report PPT 16.1 Housing Element Update
Note: Councilmember Wright left the dais at 6:45 PM
Approve
Motion 2023-04-04
Adopting the 2022 Annual Progress Reports (APRs) for the Envision Stockton 2040 General Plan and the 2015-2023 Housing Element and authorize the City Manager to submit reports to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR) as required by State Law.
Moved by
: Susan Lenz, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, and Kimberly Warmsley.
Absent
: Daniel Wright.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Warmsley - Edison High School; town hall in Weston Ranch and Sierra Vista; Delta College Business Records Management Class; Stockton Mobility Collective Event; potholes; San Joaquin Council of Government; International Brotherhood of Electrical Workers Ceremony; One Voice Trip; thanked the Police Department Councilmember Lenz - Central Valley Asian American Chamberce of Commerce awards; First Presbyterian 100-year Anniversary; Northeast Library and Community Center Councilmember Blower - Clean City Initiative; March 25, 2023 Safe Routes to School Event; Caesar Chavez breakfast Event; First Presbyterian 100-year Anniversary; thank you to the City Manager; April 12, 2023 at 5:00PM office hours at Octavio’s Restaurant Councilmember Padilla - Sierra Vista Project; 209 Cares Shoe Giveaway; Illegal Dumping Pilot Program; Clean City Initiative; wishing all a Happy Easter Mayor Lincoln - Edison High School; youths in the community; Delta College Business Records Management Class; Sierra Vista; thanked the public
19. ADJOURNMENT - 7:19 PM
INFORMATIONAL ITEMS
1. 23-0339 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Information item only. No action taken.
Legislation Text
CICP 2022-10-12
CSC 2022-11-17
Leg 2022-10-19
PC 2022-10-27
PC 2022-12-08
2. 23-0206 CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION’S 2022 ANNUAL REPORT Informational item only. No action taken.
Legislation Text
Attachment A - 2022 Annual Report
Attachment B - 2022 Attendance Roster
Eliza R. Garza, CMC
Stockton City Clerk