MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF September
12, 2023
Council Chamber - City Hall, 425 N. El Dorado Street, Stockton, California Note: Councilmember Dan Wright participated in the meeting via teleconference from the following location: Hyatt Regency Washington on Capitol Hill 400 New Jersey Ave NW, Washington, DC 20001 Business Center
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:15 PM
Roll Call
Present:
Michael Blower
Brando Villapudua
Michele Padilla
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Absent:
Daniel Wright.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 23-0750 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 23-0743 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 23-0753 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 23-0755 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 23-0757 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 23-0759 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 4:22 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 led by Pastor Weston Rapozo of Calvary Chapel Stockton and The Pledge of Allegiance was led by Councilmember Lenz
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Lori Asuncion, City Attorney reported that there was no reportable action taken this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 PROCLIMATION: RECOVERY AWARENESS MONTH
Recipient - Lilypad Living
Lillypad Living - information on recovery awareness, thank you to recovery support professionals
10.2 CERTIFICATE OF RECOGNITION - SAN JUAN SOUTH GIRLS SOCCER TEAM Recipients - Coach Carmen Padilla
Coach Carmen Padilla: Thanked Mayor Lincoln and Council
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Dan Richardson - vendors in the park, park hours, noise ordinances, traffic, city permits Cynthia Gail Boyd - civil rights; neighbors
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save for items, 12.1 and 12.8 which were considered separately.
Moved by
: Michele Padilla, 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 23-0781 ADOPT A MOTION APPROVING THE STOCKTON ARTS COMMISSION RECOMMENDATION TO APPOINT JAZMARIE LATOUR AS POET LAUREATE AND TAMA BRISBANE AS POET LAUREATE EMERITUS Legislation Text
Attachment A - Poet Laureate Scope of Services
Approve
Motion 2023-09-12-1201:
1. Approving the recommendation by the Stockton Arts Commission and appoint Jazmarie LaTour as the City of Stockton Poet Laureate for one two-year term effective October 1, 2023, through September 30, 2025, with an additional two-year mutual renewal option.
2. Approving the recommendation by the Stockton Arts Commission and appoint Tama Brisbane as City of Stockton Poet Laureate Emerita.
Authorizing the City Manager to take necessary action to complete the intent of this motion including the execution of all necessary documents and agreements.
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.
The following persons spoke to the following item: William Maxwell
12.2 23-0790 AUTHORIZE THE CITY MANAGER TO APPROVE A CONTRACT RENEWAL WITH ATHENS ADMINISTRATORS TO PROVIDE SERVICES AS THE THIRD-PARTY ADMINISTRATOR (TPA) FOR THE CITY’S SELF-INSURED WORKERS’ COMPENSATION PROGRAM Motion 2023-09-12-1202:
1. Approving entering into the service agreement with Athens Insurance Services, Inc for provide services as the Third-Party Administrator (TPA) for the City's Self-funded Workers' Compensation Program:
2. Authorizing the City manager to execute a three-year service agreement with the option of two (2), one (1) year extensions, for TPA services.
3. Approving findings for an exception to the competitive bidding process; and
4. Authorizing the City Manager to take all necessary and appropriate action to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Athens Contract 2023
12.3 23-0776 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE WATER SUPERVISORY UNIT Resolution 2023-09-12-1203
approving the attached successor Memorandum of Understanding (MOU) effective July 1, 2023 through June 30, 2026, with the following bargaining unit: Water Supervisory.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of this successor MOU.
Legislation Text
Attachment A - Water Supervisory Unit MOU - Redline
Proposed Resolution
Exhibit 1 - Water Supervisory MOU
Exhibit 2 - Budget Amendment
Approved Resolution 2023-09-12-1203
12.4 23-0713 ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF MEMBRANE FILTERS FROM FILMTEC CORPORATION FOR THE DELTA WATER TREATMENT PLANT Resolution 2023-09-12-1204:
1. Approving findings pursuant to Stockton Municipal Code Section 3.68.070 for an exception to the competitive bidding process.
2. Authorizing a purchase agreement with FilmTec Corporation for membrane filters in the amount of $261,772.50.
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 - Quote
Approved Resolution 2023-09-12-1204
12.5 23-0746 ADOPT A RESOLUTION AUTHORIZING A CONTRACT EXTENSION FOR PROFESSIONAL STAFFING SERVICES FROM WATERTALENT, LLC. AND AMEND THE FISCAL YEAR 2023-24 ANNUAL BUDGET Resolution 2023-09-12-1205:
1. Approving findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorizing the City Manager to execute a five (5) year contract extension with waterTALENT, LLC. for a not-to-exceed amount of $1,599,500.
3. Appropriating funds of $200,000 from the Wastewater Utility Fund Balance and $50,000 from the Water Utility Fund Balance to the respective Wastewater and Water Treatment Plant Operations, Special Services account for these services for the 2023-24 fiscal year.
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 - waterTALENT
Approved Resolution 2023-09-12-1205
12.6 23-0749 AUTHORIZE A COOPERATIVE PURCHASE AGREEMENT WITH CINTAS CORPORATION THROUGH OMNIA PARTNERS TO OBTAIN CITYWIDE UNIFORM RENTAL AND LAUNDRY SERVICES Resolution 2023-09-12-1206:
1. Approving findings pursuant to Stockton Municipal Code Section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorizing a four-year cooperative purchase agreement with Cintas Corporation to provide uniform rental and laundry services through a cooperative contract awarded by OMNIA partners, for a total not to exceed amount of $1,354,200.
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- Cooperative Agreement
Approved Resolution 2023-09-12-1206
12.7 23-0678 ADOPT RESOLUTION FOR THE SINGLE AVAILABLE SOURCE PURCHASE OF BRUSH RIGS Resolution 2023-09-12-1207:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorizing the purchase of four brush rigs plus upfitting of an existing brush rig for the Fire Department in the amount of $1,478,198 with DEROTIC Emergency Equipment of Rancho Cordova, CA.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Derotic Quotes for Brush Rigs
Attachment B - Equipment Replacement List
Proposed Resolution
Approved Resolution 2023-09-12-1207
12.8 23-0839 ADOPT A RESOLUTION APPOINTING A MEMBER TO THE MEASURE W OVERSIGHT COMMITTEE Legislation Text
Attachment A - Redacted Application.pdf
Proposed Resolution.docx
Approved Resolution 2023-09-12-1208
Approve
Resolution 2023-09-12-1208
ratifying the appointment of Mario Enriquez to the Measure W Oversight Committee for a term beginning immediately and ending on January 31, 2025.
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.
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0825 ADOPT A MOTION TO ALLOCATE AND APPROPRIATE GRANT AND GENERAL FUND CONTINGENCY FUNDING FOR A THREE-YEAR OPERATIONS SUBSIDY FOR ST. MARY’S DINING ROOM Legislation Text
Attachment A - Stockton Shelter Assignment and Assumption Attachment B - Sublease Amendment
Attachment C - Agreement for Shelter Operation Services PPT - 15.1 - St Marys Dining Room Update
Approve
Motion 2023-09-12-1501:
1. Allocating and appropriating $5,380,000 of General Fund Contingency, Homeless Housing Assistance and Prevention (HHAP) and American Rescue Plan Act (ARPA) funds for a three-year, campus-wide shelter operations subsidy to St. Mary's Dining Room.
2. Authorizing the City Manager, or designee, to enter into a contract with St. Mary's Dining Room for the operations of the shelter campus for a period of three years, with option to renew.
3. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
4. Authorizing the City Manager, or designee, to enter into and execute any associated documents and take appropriate and necessary actions 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.
15.2 23-0836 ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE A ROUND 4 TRANSFORMATIVE CLIMATE COMMUNITIES IMPLEMENTATION GRANT AWARD IN THE AMOUNT OF $24,165,510 Legislation Text
Attachment A - TCC Round 4 Implementation Grant Agreement Attachment B - Stockton Rising Summary Budget Overview
Attachment C - TCC Project Area Map
Proposed Resolution
Approved Resolution 2023-09-12-1502
PPT - 15.2 - TCC Round 4
Approve
Resolution 2023-09-12-1502:
1. Authorizing the City Manager to execute a grant agreement in the amount of $24,165,510 with the California Strategic Growth Council
2. Authorizing the City Manager to appropriate grant revenues and expenditures in the amount of $24,165,510
3. Authorizing the City Manager to execute and manage sub-agreements with co-applicants in amounts consistent with the Grant Agreement
4. Authorizing the allocation of four (4) grant-funded limited term positions within the City Manager's Office to oversee the administration of the grant.
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 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.
16. HEARINGS
16.1 23-0719 PUBLIC HEARING AUTHORIZING THE CONTINUED USE, FUNDING, AND ACQUISITION, FOR MILITARY EQUIPMENT ESTABLISHED IN THE MILITARY EQUIPMENT USE POLICY AS MANDATED BY CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY EQUIPMENT Legislation Text
Attachment A - Ordinance No. 2022-04-05-1601
Attachment B - Stockton PD Annual Report AB 481
PPT - 16.1 - Assembly Bill 481
The following person spoke to this item: Chris Cannon, and William Maxwell Approve
Motion 2023-09-12-1601:
1. Authorizing Stockton Police Department (SPD) to continue the use of military equipment as defined by Assembly Bill 481 (AB 481) and approved via City Ordinance 2022-04-05-1601.
2. Approving 2023 Intended Acquisitions, as outlined in the 2023 AB 481 Annual Report, published July 31, 2023.
Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this motion.
Moved by
: Michael Blower, 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.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Vice Mayor Warmsley - Ask Stockton, update request; overgrown weeds, commercial properties, Fire department monitoring requested for CICP meeting; Van Buskirk, illegal dumping’s; Illegal Dumping Ordinance status; economic vitality in the city; California Association of Student Council panelist; investing in the arts; Mr. Javier Aguilar Charter school; Gold Star to Michael Blower Councilmember Padilla - teambuilding; St. Mary’s Dining Hall; South Stockton sustainability and health benefits; thanked our Police Department, plan to retain officers Councilmember Blower - New City Hall; Stocktonian of the Year, Michael Duffy; Dedication of the Stockton Fallen Firefighter Memorial, thanked City Staff; Gruppy Real Estate 50th Anniversary; Children’s Museum Ribbon Cutting; September 13, 2023 at 5:00 PM Octavio’s Office Hours; The Naked Rib Catering; constituent discussion on public comment.
Councilmember Villapudua - council dinner; close the meeting in a moment of silence for Keith Kitakowa Mayor Lincoln - collective bargaining discussions clarification; Mayor’s Leadership meeting last week; fentanyl crisis; Cultural Corn Festival, 55th Annual Black Family Day; September 11, 2023 remembrance ceremony; thanked first responders; moment of silence for Kita Gowa
19. ADJOURNMENT - 7:51 PM
INFORMATIONAL ITEMS
1 23-0791 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken.
Legislation Text
CSC 2023-05-18.pdf
Legislation 2023-04-19.pdf
Legislation 2023-05-17.pdf
PC 2023-03-23.pdf
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK