MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF June
20, 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:
Michael Blower
Brando Villapudua
Michele Padilla
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Susan Lenz.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 23-0528 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.
Legislation Text
3.2 23-0529 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 23-0532 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 23-0534 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 23-0536 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 23-0538 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 4:00 PM. The Council returned from Closed Session and adjourned at 4:30 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
Note: Councilmember Susan Lenz participated in the meeting via teleconference from the following location: Westin, Lobby, 270 West 42nd St. New York, New York 10036
7. INVOCATION/PLEDGE TO FLAG
The Invocation was led by Pastor Marie Van Rys, Associate Pastor at Oasis Church and The Pledge of Allegiance was led by Councilmember Padilla
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Lori Asuncion reported that no reportable action was taken this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Mary Elizabeth - affordable housing; water quality (Document Filed) Document Filed - Mary Elizabeth
Lou Matz - trees
Julie Dunning - trees
Dominick Gulli - San Joaquin Area Flood Control Agency
Alyssa Leiva - Juneteenth
Pat Barrett - trees
Council Correspondents - Public Comment
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save for item 12.2 which was considered separately Moved by
: Kimberly Warmsley, seconded by Michele Padilla.
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 23-0475 ACCEPT AND APPROVE AMENDMENTS TO THE CITY OF STOCKTON’S INVESTMENT POLICY NO. 17.01.030 Motion 2023-06-20-1201
amending City Policy No 17.01.030 "City Investment Policy" as presented in Attachment A.
Authorizing the City Manager to take appropriate and necessary action to carry out the purpose and intent of the motion.
Legislation Text
Attachment A - Proposed Investment Policy 17.01.030
Attachment B - City Council Policy Chapter 5.03
Attachment C - Redlined Investment Policy 17.01.030
12.2 23-0615 ADOPT A RESOLUTION APPROVING THE DISPLAY OF THE PRIDE FLAG IN COMMEMORATION OF PRIDE MONTH Legislation Text
Proposed Resolution - Pride Flag Display
Approved Resolution 2023-06-20-1202
The following persons spoke to the following item: Lori Cowden, David Sengthay, James Patnaude, Amelia Patnaude, Camille Cruz Zapata, Tara Rico, Isaiah Merriweather, Nancy Gonzalez St Clair, Sky, Mario Enriquez, Oliver Opus, Carrie Walker, Kayce Brewer, Alyssa Leiva, Spencer Longoria, Sarah Nathan, J Orner, John Alita, Dottie Lofstrom, Matt Pargeter-Villarreal, Miguel Angel Martinez-Santos, Tama Brisbane, Angelica Lizarraga, Nikki Lee Boyd, Lilliana Udang, Brad Stahl, AJ Harford, Dominick Gulli, Pat Barrett, Cymone Reyes, Nathan Tran, Phillip Merlo, Jerry Gregerson, William Muetzenberg, Zapato, Paolo Enriquez, Chris Dueker, and RC Thompson Approve
Resolution 2023-06-20-1202
authorizing the City of Stockton to display the Pride Flag from June 21, 2023, to June 28, 2023, in commemoration of Pride Month.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 4-3
Yes
: Brando Villapudua, Susan Lenz, Kimberly Warmsley, and Daniel Wright.
No
: Michael Blower, Michele Padilla, and Kevin J Lincoln II.
12.3 23-0576 ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.94 OF THE STOCKTON MUNICIPAL CODE REGARDING THE STOCKTON ARTS COMMISSION, ADDING A YOUTH COMMISSIONER, REMOVING THE PUBLIC ART STANDING COMMITTEE, AND APPROVING STOCKTON ARTS COMMISSION ANNUAL PLAN FOR FISCAL YEAR 2023-24.
Ordinance 2023-06-20-1203:
1. Adopting Ordinance 2023-06-20-1203 amending Title 2, Chapter 2.94, of the Stockton Municipal Code (SMC) relating to the Stockton Arts Commission to add a Youth Commissioner and remove the requirement for the Public Art Standing Committee.
2. Approving the Stockton Arts Commission (Commission) Annual Plan for Fiscal Year 2023-24.
3. Authorizing the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the motion.
Legislation Text
Attachment A - Proposed Commission Annual Plan for FY2023-24 Attachment B - Proposed Ordinance - redline
Proposed Ordinance
Approved Ordinance 2023-06-20-1203
The following persons spoke to the following item: William Maxwell
12.4 23-0557 RESOLUTION APPOINTING ANUIT ALBAHAR TO THE STOCKTON ARTS COMMISSION Resolution 2023-06-20-1204
:
1. Appointing Anuit Albahar 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 Application - Redacted
Proposed Resolution
Approved Resolution 2023-06-20-1204
12.5 23-0506 AUTHORIZE THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH ASSURED TECHNOLOGY, TO INSTALL A NEW CLOSED-CIRCUIT TV AND ACCESS CONTROL SYSTEM AT THE STOCKTON ARENA, BANNER ISLAND BALLPARK, AND BOB HOPE THEATRE Motion 2023-06-20-1205:
1. Approving a cooperative purchasing agreement between the City of Stockton and Assured Technology, through the California Multiple Award Schedule (CMAS), for the purchase and installation of a new Closed-Circuit TV (CCTV) and Access Control System for the following City owned Venues:
a. Stockton Arena
b. Banner Island Ballpark
c. Bob Hope Theatre
2. Approving findings which support and justify an exception to the competitive bidding process pursuant to SMC Section 3.68.070(A)(5), using a Cooperative purchasing agreement through other governmental jurisdictions or public agencies; and
3. 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 - CMAS Cooperative Purchase Agreement
Attachment B - Resolution No. 2021-11-16-1501
12.6 23-0498 APPROVE A MOTION TO AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT WITH DR. JOHNSTON CO, MD OF CO OCCUPATIONAL MEDICAL PARTNERS FOR MEDICAL DIRECTOR SERVICES Motion 2023-06-20-1206
:
1. Authorizing the City Manager to execute a five-year professional services agreement in the amount of $117,500 with Dr. Johnston Co, MD of Co Occupational Medical Partners to serve as Medical Director for the Stockton Fire Department.
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 take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Medical Director Agreement
12.7 23-0484 APPROVE MOTION TO EXECUTE A ONE-TIME PURCHASE FROM SIRCHIE ACQUISITIONS, LLC FOR THE SIRCHIE MOBILE CRIME LAB VEHICLE 550-18F (MCL550-18F) IN AN AMOUNT NOT TO EXCEED $248,388 Motion 2023-06-20-1207
:
1. Authorizing the City Manager to execute a one-time purchase from Sirchie Acquisitions, LLC (Sirchie);
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. 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 - Sirchie Sole Source Letter
Attachment B - Sirchie Vehicle Quote
Attachment C - Standard Agreement
12.8 23-0548 APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE YEAR OPTIONS TO EXTEND WITH HARD LUCK ANIMAL WELFARE ADVOCATES, AND THE CITY OF STOCKTON IN AN AMOUNT NOT TO EXCEED $4,970,704 Motion 2023-06-20-1208
:
1. Authorizing the City Manager to execute a three-year contract with two (2) one- year options to extend between the City of Stockton (City) and Hard Luck Animal Welfare Advocates (HLAWA), for on-site veterinarian service for a total contract amount not to exceed $4,970,704
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.
3. Approving findings which support and justify an exception to the competitive bidding process pursuant to Stockton Municipal code section 3.68.070(A)(3). where the City held a competitive Request for Proposals.
Legislation Text
Attachment A - Hard Luck Animal Welfare Advocates
The following persons spoke to the following item: Dominick Gulli, and Mary Elizabeth
12.9 23-0562 APPROVE MOTION TO EXECUTE AN EMERGENCY FOUR-MONTH MEMORANDUM OF UNDERSTANDING WITH THE ANIMAL PROTECTION LEAGUE FOR SHELTERING SERVICES, NOT TO EXCEED $309,760 Motion 2023-06-20-1209
:
1. Authorizing the City Manager to execute an emergency four-month Memorandum of Understanding (MOU) with the Animal Protection League (APL) to provide sheltering services, at a not-to-exceed cost of $309,760; and
2. Authorizing and directing the City Manager to make any and all expenditures and appropriations on behalf of the City of Stockton (City) as appropriate and necessary to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - MOU - Animal Protection League
The following persons spoke to the following item: Mary Elizabeth
12.10 23-0412 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2022-23 SB1 - PAVEMENT REPAIR PROJECT Resolution 2023-06-20-1210
:
1. Approving Notice of Exemption No. NOE8-23 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2022-23 SB1 - Pavement Repair, Project No. WD23003.
2. Approving the plans and specifications for the Local Street Resurfacing Program FY 2022-23 SB1 - Pavement Repair, Project No. WD23003.
3. Awarding a Construction Contract in the amount of $405,435 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Local Street Resurfacing Program FY 2022-23 SB1 - Pavement Repair, Project No. WD23003.
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 2023-06-20-1210
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0366 ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE TREE MAINTENANCE PROJECT Legislation Text
Attachment A - Maintenance Trimming Locations
Attachment B - Tree Removal Locations
Attachment C - Tree Stump Removal Locations
Attachment D - Clearance Work Order Trimming Locations
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2023-06-20-1501
PPT - 15.1 - Citywide Tree Maintenance
Council Correspondents - Public Comment
The following persons spoke to the following item: Joy Ness, Mary Elizabeth, Alyssa Leiva, William Maxwell, and RC Thompson Approve
Resolution 2023-06-20-1501
1. Approving the Notice of Exemption No. NOE32-22 under the California Environmental Quality Act for the Citywide Tree Maintenance, Project No. WE22052.
2. Approving the specifications for the Citywide Tree Maintenance, Project No. WE22052.
3. Awarding a Construction Contract in the amount of $3,791,766.09 to P31 Enterprises, Inc. of Oroville, CA, for the Citywide Tree Maintenance, Project No. WE22052.
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 Michael Blower.
Vote
: Motion carried 6-1
Yes
: Michael Blower, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
No
: Brando Villapudua.
15.2 23-0491 ADOPT AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16, SECTION 5.16.010 AND ADDING CHAPTER 5.104 TO THE STOCKTON MUNICIPAL CODE RELATED TO TOBACCO RETAILERS Legislation Text
Attachment A - Proposed Ordinance Red-lined Version
Attachment B - Additional Flavored Tobacco Options
Attachment C - Proposed New Fees
Proposed Ordinance
Approved Ordinance 2023-06-20-1502
PPT - 15.2 - Tobacco Retailer Ordinance
The following persons spoke to the following item: Kimberly Bankston Lee, Dawn Correl-Cruz, Mary Elizabeth, and Jen Grand-lejano Council Correspondents - Public Comment
Approve
Ordinance 2023-06-20-1502
amending Title 5, Chapter 5.16, Section 5.16.010 and adding Chapter 5.104 to the Stockton Municipal Code related to tobacco retailers with the following Council modifications:
1. Adopting a complete Flavor Ban eliminating State exemptions.
2. Staff engaging in community outreach in the 90-days prior to the Ordinance effective date to inform affected parties of the new requirements.
3.Staff creating an enforcement program including the utilization of an outside entity and bring back program specs and fee recommendations following appropriate procurement process.
Moved by
: Michael Blower, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-1
Yes
: Michael Blower, Michele Padilla, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
No
: Brando Villapudua.
16. HEARINGS
16.1 23-0560 PUBLIC HEARING TO ADOPT THE FISCAL YEAR 2023-24 ANNUAL BUDGET; APPROVE THE 2023-2028 CAPITAL IMPROVEMENT PLAN; APPROVE THE FY 2023-24 FEE SCHEDULE; APPROVE THE FY 2023-24 CALIFORNIA CONSTITUTIONAL APPROPRIATIONS LIMIT; ADOPT THE FY 2023-24 ANNUAL BUDGET FOR THE PARKING AUTHORITY OF THE CITY OF STOCKTON; ADOPT THE FY 2023-24 ANNUAL BUDGET FOR THE SUCCESSOR AGENCY TO THE FORMER STOCKTON REDEVELOPMENT AGENCY Legislation Text
Proposed City Resolution FY 2023-24 Budget
Exhibit 1 - City Resolution - Budget Addendum
Proposed Resolution Parking Authory - FY 2023-24 Budget Exhibit 1 - Parking Authority Proposed Budget
Proposed Resolution Sucessor Agency FY 2023-24 Budget
Exhibit 1 - Successor Agency Proposed Budget
PPT - 16.1 - FY23-24 Annual Budget Public Hearing
Approved Resolution 2023-06-20-1601
Approved Resolution PA 2023-06-20-1601
Approved Resolution SRD 2023-06-20-1601
The following persons spoke to the following item: Alyssa Leiva Approve
Resolution 2023-06-20-1601
1. Adopting the Fiscal Year (FY) 2023-24 Annual Budget, the 2023-2028 Capital Improvement Plan, and the FY 2023-24 Fee Schedule as modified in the Budget Addendum (Exhibit 1 to the City resolution)
2. Adopting the FY 2023-24 California Constitutional (Gann) Appropriations Limit
3. Approving other administrative and financial actions.
Resolution PA 2023-06-20-1601:
1. Adopting the FY 2023-24 Annual Budget for the Parking Authority (Exhibit 1 to the Parking Authority resolution).
Resolution SRD 2023-06-20-1601:
1. Adopting the FY 2023-24 Annual Budget for the Successor Agency to the former Stockton Redevelopment Agency (Exhibit 1 to the Successor Agency resolution).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions.
Note: This item was revised by the Administrative Services Department 2023-06-15 Moved by
: Kimberly Warmsley, seconded by Daniel Wright.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Susan Lenz.
17. CITY MANAGER’S UPDATE
Harry Black, City Manager - Summer Youth Workers program
18. COUNCIL COMMENTS
Vice Mayor Warmsley - Happy Birthday wishes; Juneteenth, federal holiday for staff; Crime Prevention Committee, community involvement, illegal fireworks; National Association of Regional Council, transformative justice, vacant buildings and lots; Department of Corrections Health Facility graduation; promoting positive city news; water infrastructure, US Army Corp of Engineers $2.75 million direct allocation to San Joaquin County, Van Buskirk; Town Hall meeting; Prop 218 Councilmember Padilla - thanked Vice Mayor; fireworks, safety, pets; Saint Mary’s Dining Hall fundraiser, unhoused, clean water Councilmember Blower - Mango Crazy ribbon cutting ceremony; 35th Annual Pixie Woods Wine Tasting; Juneteenth; 75th Anniversary Western Farm Workers Association; Happy Birthday wishes; Smoke Shop Ordinance Councilmember Wright - Juneteenth; Stockton Scholars Rooted and Rising event; East Bay Community Energy Board of Directors; Cal Cities Policy Meeting; San Joaquin Valley Regional Policy Council, Highway 99, water; San Joaquin Valley Regional Early Access Housing; Miracle Mile en Blanc Event; thanked Vice Mayor, advocacy; respectful decorum; Happy Birthday wishes; 39th Wedding Anniversary Councilmember Villapudua - thanked City staff; Crazy Mango ribbon cutting; Juneteenth; Happy Birthday wishes; 4th of July parade Mayor Lincoln - Happy Birthday wishes; positive community activity; thanked public for participation; last Council Meeting of the Fiscal Year; Sierra Vista Youth Summer Kickoff; 209 Elevate Ribbon Cutting, 209 CrossFit; Juneteenth; Miracle Mile Event
19. ADJOURNMENT - 9:56 PM
Eliza R. Garza, CMC
Stockton City Clerk