MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF July
11, 2023
Council Chamber - City Hall, 425 N. El Dorado Street, Stockton, California 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 23-0665 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 23-0666 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 23-0667 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 23-0668 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 23-0669 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 23-0670 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*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL - 5:30 PM
Roll Call
Present:
Michael Blower
Brando Villapudua
Michele Padilla
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Susan Lenz.
Note: Councilmember Lenz arrived at 5:40 PM
7. INVOCATION/PLEDGE TO FLAG
The Invocation was led by Pastor Gary Greeno of Horizon Christian Fellowship and The Pledge of Allegiance was led by Councilmember Wright.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
None
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
None
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
John Easter - Veterans Services
Julie Dunning - city trees
Katya Evanhoe - city trees, earth day
Denise Hall - annual backpack giveaway on August 5, 2023 11:00 AM Council Correspondence - Public Comments
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save for items 12.5, 12.7, 12.9, 12.12 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 23-0638 ADOPT THE FISCAL YEAR 2023-24 INTERNAL AUDIT PROGRAM Motion 2023-07-11-1201
approving the Fiscal Year (FY) 2023-24 Internal Audit Program.
Legislation Text
Attachment A - FY 23-24 Internal Audit Program
12.2 23-0633 APPROVAL OF CITY COUNCIL MINUTES
Motion 2023-07-11-1202
approving the minutes from the City Council meetings of April 18, 2023 and May 2, 2023 Legislation Text
Attachment A - 2023-04-18 Minutes
Attachment B - 2023-05-02 Minutes
12.3 23-0565 APPROVE MOTION TO EXECUTE CITY OF STOCKTON THREE-YEAR STANDARD AGREEMENT WITH COMMUNITY MEDICAL CENTER FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT Motion 2023-07-11-1203
:
1. Executing a standard agreement with Community Medical Center (CMC) to provide behavioral health outreach, assessment, engagement, linkage, and mental health services to support CalVIP efforts in the amount of $193,051 (Attachment A).
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 - CMC CalVIP Cohort 4 Agreement
Attachment B - Approved Resolution
Attachment C - 2022-25 CalVIP Grant Agreement
12.4 23-0674 ADOPT A RESOLUTION TO AUTHORIZE TWO NEW, LIMITED TERM, GRANT-FUNDED POSITIONS WITHIN THE CITY MANAGER’S OFFICE Resolution 2023-07-11-1204
:
1. Authorizing the City Manager to hire two new, limited term, positions within the City Manager's Office using grant funds from the City's $10.8M Round 3 Transformative Climate Communities Implementation Grant
2. Authorizing the City Manager to take any appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Proposed Resolution - TCC Round 3 Amendment
Approved Resolution 2023-07-11-1204
12.5 23-0526 RESOLUTION TO ADOPT A SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF-WAY AT BELLEVIEW AVENUE BETWEEN EAST 11th STREET AND ARRIBA ROAD Legislation Text
Attachment A - Vicinity map - Belleview abandonment
Attachment B - Aerial map - Belleview abandonment
Proposed Reso - Belleview abandonment
Exhibit 1 - Legal Description - Belleview abandonment
Exhibit 2 - Plat - Belleview abandonment
Exhibit 3 - NOE24-23 Response - Belleview
Approved Resolution 2023-07-11-1205
Approve
Resolution 2023-07-11-1205
:
1. Approving a summary vacation of a portion of the public right-of-way at Belleview Avenue between East 11th Street and Arriba Road.
2. Authorizing the filing of Notice of Exemption No. 24-23 under the California Environmental Quality Act for a portion of the public right-of-way at Belleview Avenue between East 11th Street and Arriba Road.
3. Authorizing the City Manager, or his designee, to take all the necessary and appropriate 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.
12.6 23-0559 ADOPT A RESOLUTION TO AUTHORIZE A FIVE-YEAR CONTRACT WITH SWIFTCOMPLY FOR ENVIRONMENTAL CONTROL ENFORCEMENT SOFTWARE Resolution 2023-07-11-1206
:
1. Approving plans and specifications for the Request for Proposals for the Environmental Control Enforcement Software (PUR 23-013).
2. Authorizing a five-year contract with SwiftComply of Pleasanton, California to provide Environmental Control Enforcement Software for a total amount not-to-exceed amount of $229,683.00.
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 - Contract with SwiftComply
Approved Resolution 2023-07-11-1206
12.7 23-0580 APPROVE MOTION TO EXECUTE A THREE-YEAR CONTRACT WITH TWO (2) ONE-YEAR OPTIONS TO EXTEND WITH ALLIED UNIVERSAL FOR CITYWIDE SECURITY SERVICES (PUR 23-019) Legislation Text
Attachment A - Security Full Contract
Approve
Motion 2023-07-11-1207
:
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 Universal Protection Service, LP, dba: Allied Universal Security Services (Allied Universal) for Citywide security services for a total contract amount not to exceed $10,390,980.
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.
Moved by
: Kimberly Warmsley, 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.
12.8 23-0543 APPROVE RESOLUTION OVERRULING PROTESTS, CONFIRMING ASSESSMENT OF DELINQUENT CODE ENFORCEMENT CHARGES, AND DIRECTING THE ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TAX ASSESSOR’S ROLL Resolution 2023-07-11-1208
:
1. Overruling protests and confirming the assessment of the delinquent charges listed in the "2023 NSS Assessment List - Delinquent Accounts" stemming from code enforcement actions against the affected properties; and
2. Directing the assessments be placed on the San Joaquin County Tax Assessor's Roll.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Attachment A - Administrative Order
Proposed Resolution - 2023 Assessment
Exhibit 1- 2023 NSS Assessment List Delinquent Accounts Approved Resolution 2023-07-11-1208
12.9 23-0544 APPROVE MOTION TO EXECUTE A FIVE-YEAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE COUNTY OF SAN JOAQUIN FOR THE PROVISION OF IMPOUND AND ANIMAL SHELTER SERVICES Legislation Text
Attachment A - SJC Animal Intake MOU
Approve
Motion 2023-07-11-1209
approving the proposed Memorandum of Understanding between the City of Stockton and the County of San Joaquin for impound and animal shelter services for a five-year term expiring June 30, 2028.
Authorizing the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Moved by
: Daniel Wright, 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.
12.10 23-0368 ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON FOR CALIFORNIA ASSEMBLY BILL 109 (AB 109) FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE, APPROVE PURCHASE OF THREE OUTFITTED UTILITY TASK VEHICLES, AND AMEND THE FISCAL YEAR 2023-24 ANNUAL BUDGET Resolution 2023-07-11-1210:
1. Authorizing the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership Task Force
2. Authorizing the City Manager to accept $1,935,298 in Fiscal Year (FY) 2023-24 Police Grant Funds as Fiscal Agent for the law enforcement agencies of San Joaquin County
3. Authorizing the City Manager to approve the purchase of three off-road outfitted Utility Task Vehicles (UTV) with trailers for $213,279.41
4. Approving an amendment to the FY 2023-24 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $1,935,298
5. 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
Proposed Resolution - SJC CCP
Exhibit 1 - CCP Task Force Contract 2023-24
Exhibit 2 - Proposed Budget Form CCP Task Force
Approved Resolution 2023-07-11-1210
12.11 23-0455 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION PROJECT Motion 2023-07-11-1211:
1. Awarding a Professional Services Contract to Kjeldsen, Sinnock & Neudeck, Inc. of Stockton, CA, in the amount of $150,384, for design of the South Tuxedo Avenue Sewer Trunk Rehabilitation, Project No. UW23007.
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 - Vicinity Map
Attachment B - Professional Services Contract
12.12 23-0505 ADOPT RESOLUTION TO AUTHORIZE THE CITY STREET RE-STRIPING FY 2022-23 SB1 PROJECT Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2023-07-11-1212
Approve
Resolution 2023-07-11-1212
:
1. Approving Notice of Exemption No. NOE16-23 under the California Environmental Quality Act for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
2. Approving the plans and specifications for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
3. Appropriating funds in the amount of $88,000 from the Local Streets Resurfacing Program FY 2022-23 SB1, Project No. WD23003, to the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
4. Awarding a Construction Contract in the amount of $277,420 to Chrisp Company of Stockton, CA, for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
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 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.
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0662 INFORMATIONAL UPDATE ON DELTA CONVEYANCE PROJECT Informational item only. No action taken.
Legislation Text
PPT - 15.1 - Delta Conveyance Project Update
15.2 23-0492 ADOPT AN ORDINANCE AMENDING TITLE 6, CHAPTER 6.04 OF THE STOCKTON MUNICIPAL CODE TO ADD SECTION 6.04.360, MAKING IT UNLAWFUL TO WILLFULLY ABANDON ANIMALS WITHIN THE CITY LIMITS Legislation Text
Proposed Ordinance - Animal Abandonment
PPT - 15.2 - SMC Amendment - Abandoned Animals
Approved Ordinance 2023-07-11-1502
Approve
Ordinance 2023-07-11-1502
amending Title 6, Chapter 6.04, adding section 6.04.360 to the Stockton Municipal Code (SMC) relating to the willful abandonment of animals in the City of Stockton.
Authorizing the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and 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.
15.3 23-0628 ACCEPT THE FISCAL YEAR 2022-23 SECOND QUARTER BUDGET STATUS UPDATE AND AUTHORIZE A BUDGET AMENDMENT Legislation Text
Attachment A - FY 2022-23 Second Quarter Budget Update General Fund Attachment B - FY 2022-23 Second Quarter Revenues General Fund Attachment C - FY 2022-23 Second Quarter Report for Other Major Funds Proposed Resolution - FY 2022-23 Second Quarter Update
PPT - 15.3 - FY 2022-23 Second Quarter Budget Update
Approved Resolution 2023-07-11-1503
Approve
Resolution 2023-07-11-1503
:
1. Accepting this budget status report on the financial results for the Second Quarter of Fiscal Year (FY) 2022-23.
2. Authorizing a budget amendment in the Public Works Department.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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.
16. HEARINGS
16.1 23-0577 ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT AND DENSITY TRANSFER AGREEMENT BETWEEN A.G. SPANOS CONSTRUCTION INC. AND THE CITY OF STOCKTON FOR THE A.G. SPANOS BUSINESS PARK MASTER DEVELOPMENT PLAN Legislation Text
Attachment A - Location and Context Map
Attachment B - Approved Master Plan
Attachment C - Approved DA/DTA Agreements
Attachment D - Approved Planning Commission Resolution
Proposed Ordinance
Exhibit 1 - Proposed Amendment
PPT - 16.1 - Spanos Business Park
Approved Ordinance 2023-07-11-1601
Council Correspondence - Public Comments
Approve
Ordinance 2023-07-11-1601
finding that the project is categorically exempt from CEQA, pursuant to the CEQA Guidelines, section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations; and amending the Spanos West Business Park Development Agreement and Density Transfer Agreement.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of these approvals.
Moved by
: Susan Lenz, 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.
16.2 23-0603 PUBLIC HEARING TO APPROVE A RESOLUTION OVERRULING PROTESTS, ADOPTING THE DELINQUENT UTILITY SERVICE ASSESSMENT REPORT, AND DIRECTING THE ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TREASURER-TAX COLLECTOR’S TAX ROLL Legislation Text
Attachment A - 2023 Assessment Report Order
Proposed Resolution - 2023 Assessments
Exhibit 1 - Assessment List 2023
PPT - 16.2 - Utility Services Assessments
Approved Resolution 2023-07-11-1602
Approve
Resolution 2023-07-11-1602
:
1. Overruling all public protests
2. Confirming the unpaid utility service charges set forth in the 2023 Assessment Report
3. Adopting the 2023 Assessment Report
4. Directing the assessments to be placed on the San Joaquin County Treasurer-Tax Collector's Tax Roll
5. Authorizing the City Manager to take any necessary and appropriate actions to carry out the purpose and intent of the 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.
17. CITY MANAGER’S UPDATE
Harry Black, City Manager - Annual Employee Appreciation Picnic; heat wave, cooling zones July 14, 2023 -July 17, 2023 9:00 AM - 8:00 PM
18. COUNCIL COMMENTS
Vice Mayor Warmsley - thanked staff, councilmembers; congratulated Chris Hernandez, Stockton football Club; South Stockton Town Hall Meeting; Ask Stockton; Comcast copper wire thievery; Stockton Impala Club, July 4th Parade; Inspire Me summit; July 27, 2023 Van Buskirk Community Center, Climate Justice Town Hall 6:00 PM; Happy Birthday kids Councilmember Padilla - thanked staff, Public Works Department; student worker program; abandoned animal ordinance; have a great weekend; next Ad Hoc Homelessness committee meeting in September Councilmember Lenz - thanked councilmembers; illegal fireworks, arrests; Oak Park Pool funds, swim lessons; Bella Vista Community Kitchen event; close the meeting in honor of Gary Podesto Councilmember Wright - Main Street Market, Tuesday Nights in Downtown Stockton; League of California Cities Board Meeting July 12, 2023; Community Office Hours July 17, 2023 at the Arnold Rue Center at 5:00 PM; California Civic Leadership Institute July 20, 2023 - July 21, 2023; National Night Out August 1, 2023; SJ Hispanic Chamber Awards Installation Luncheon; Salmon Park Playground; National Groundfields Training Conference August 8, 2023 - August 11, 2023; California City Newsletter articles; California Department of Justice, increase of hate crimes; close the meeting in honor of Gary Podesto Councilmember Blower - June 22, 2023 2X2 Joint Committee meeting Lincoln Unified School District; Community Kitchen Fundraiser; June 24, 2023 Miracle Mile Event; June 25, 2023 Western farm Workers 75th anniversary; 29th Summer Youth Employment ceremony; June 30, 2023 San Joaquin County Grand Jury selection; July 1, 2023 Birthday; July 8, 2023 - July 9, 2023 Stockton con; July 12, 2023 Employee Appreciation Picnic; Office Hours, Stockton 209 Cares Backpack Giveaway; Judy Chambers passed away Councilmember Villapudua - thanked the City Manager, staff, colleagues; 4th of July parade; Tracy residents who passed away; have a great weekend Mayor Lincoln - great work that staff and the city is doing; civic engagement, legislative process; a moment of silence for Gary Podesto, Amrik Wander, and Arvind Ram
19. ADJOURNMENT - 8:04 PM
INFORMATIONAL ITEMS
1. 23-0648 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Information item only. No action taken.
Legislation Text
Ad Hoc Homelessness 2022-011-17
Audit 2023-05-15
CSC 2023-04-20
PC 2023-01-26
PC 2023-02-09
Eliza R. Garza, CMC
Stockton City Clerk