MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF September
26, 2023
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:00PM
Roll Call
Present:
Michael Blower
Brando Villapudua
Michele Padilla
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Absent:
Daniel Wright.
Note: Councilmember Wright arrived to Closed Session at 4:03 PM.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 23-0751 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: Laura Dinges v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2019-17043) 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.
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3.2 23-0752 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 23-0754 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 23-0756 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 23-0758 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 23-0760 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).
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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 4:20 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 Pledge was led by Councilmember Villapudua. The Invocation was provided by Pastor Weston Rapozo of Calvary Chapel Stockton.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
Lori Asuncion, City Attorney - reported in the matter of Laura Dinges vs. City of Stockton, et al San Joaquin County Superior Court Case #STKCVUPI2019-17043, City Council voted unanimously 7-0 to settle in the amount of $650,000 dollars
9. ADDITIONS TO REGULAR SESSION AGENDA***
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 PROCLAMATION: CODE ENFORCEMENT OFFICER APPRECIATION WEEK Recipients: Almarosa Vargas and Code Enforcement Officers Almarosa Vargas - thanked City of Stockton and Councilmembers
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Pat Barrett - AdHoc Committee
Rudy Hurtado - street clean up; crime in City
Zoyla Moreno - district six issues; Measure A
Cerissa Simmons - downtown shooting
Diana Buettner - time limit for speakers
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for items 12.5 and 12.6 which were 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 23-0874 APPROVAL OF CITY COUNCIL MINUTES
Motion 2023-09-26-1201
approving the minutes from the City Council meetings of August 3, 2023 and August 22, 2023.
Legislation Text
Attachment A - 2023-08-03 Minutes.pdf
Attachment B - 2023-08-22 Minutes .pdf
12.2 23-0835 APPROVE A MOTION AUTHORIZING A SERVICE AGREEMENT WITH XYLEM DEWATERING SOLUTIONS INC., DBA WACHS WATER SERVICES FOR HYDRANT INSPECTION SERVICES Motion 2023-09-26-1202:
1. Authorizing the City Manager to execute a three-year service agreement in the amount of $363,050 with Xylem Dewatering Solutions Inc., dba Wachs Water Services to provide hydrant inspection services.
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 - Hydrant Inspection Agreement
12.3 23-0822 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 3 WITH KEMIRA WATER SOLUTIONS, INC. TO PURCHASE FERRIC AND FERROUS CHLORIDE FOR WASTEWATER TREATMENT Resolution 2023-09-26-1203
authorizing contract Amendment No. 3 (Exhibit 1 to the Resolution) in the amount of $2,003,771 with Kemira Water Solutions, Inc. to accept the annual price adjustments and increase funding to purchase ferric chloride and ferrous chloride for wastewater treatment.
Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution
Exhibit 1 - Contract Amendment
Approved Resolution 2023-09-26-1203
12.4 23-0814 APPROVE RESOLUTION ACCEPTING A DRIVING UNDER THE INFLUENCE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT AWARD FROM THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY IN THE AMOUNT OF $500,000 Resolution 2023-09-26-1204:
1. Authorizing the City Manager, or designee, to accept a Driving Under the Influence Selective Traffic Enforcement Program grant award from the State of California Office of Traffic Safety in the amount of $500,000;
2. Authorizing the City Manager, or designee, to execute Grant Agreement PT24202 and all related documents to carry out the purpose and intent of the grant award;
3. Amending the Fiscal Year 2023-24 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $500,000; and
4. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution - Grant Agreement PT24202
Exhibit 1 - Grant Agreement - PT24202
Approved Resolution 2023-09-26-1204
12.5 23-0721 ADOPT A RESOLUTION TO AUTHORIZE THE PLAYGROUND EQUIPMENT REPLACEMENT PROJECT Legislation Text
Attachment A - Vicinity Map
Attachment B - Playground Renderings
Proposed Resolution
Exhibit 1 - Contract - Miracle Construction
Exhibit 2 - Contract - Yosso Group
Exhibit 3 - Contract - Ross Recreation
Approved Resolution 2023-09-26-1205
Approve
Resolution 2023-09-26-1205:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approving the plans and specifications for the Playground Equipment Replacement, Project No. WP22026.
3. Awarding a Construction Contract in the amount of $139,998.57 to Miracle Construction Company, Inc., DBA Miracle Playsystems of Alamo, CA, to provide and install a playground at Brooking Park.
4. Awarding a Construction Contract in the amount of $246,499.00 to Yosso Group, Inc., DBA Specified Play Equipment Co. of Burlingame, CA, to provide and install a playground at Panella Park.
5. Awarding a Construction Contract in the amount of $139,954.62 to Ross Recreation of Santa Rosa, CA, to provide and install a playground at Weber Park.
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.
12.6 23-0730 APPROVE MOTION TO AUTHORIZE THE PACIFIC GAS AND ELECTRIC EXTENSION AGREEMENT FOR THE MCKINLEY PARK RENOVATION PROJECT Legislation Text
Attachment A - Vicinity Map
Attachment B - Gas & Electric Extension Agreement
Approve
Motion 2023-09-26-1206
approving and authorizing the City Manager to execute the Gas and Electric Extension Agreement with Pacific Gas and Electric in the amount of $135,632.34, for the electrical and gas upgrades for the McKinley Park Renovation, Project No. WR21017.
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 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 23-0731 COMMUNITY WELL-BEING CRISIS INTERVENTION PROJECT UPDATE Informational only. No action taken.
Legislation Text
PPT - 15.1 - Mobile Community Response Data
15.2 23-0853 ACCEPT THE FISCAL YEAR 2022-23 THIRD QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET AMENDMENTS Legislation Text
Attachment A - FY22-23 Q3 Budget Update General Fund
Attachment B - FY22-23 Q3 Revenue Summary
Attachment C - FY22-23 Q3 Report for Other Major Funds
Proposed Resolution - FY22-23 Third Quarter Budget Update PPT - 15.2 - FY22-23 Third Quarter Budget Update
Approved Resolution 2023-09-26-1502
The following person(s) spoke on this item: Motecuzoma Sanchez Approve
Resolution 2023-09-26-1502:
1. Accepting this budget status report on the financial results for the Third Quarter of Fiscal Year (FY) 2022-23.
2. Authorizing two budget amendments increasing appropriations in the Workers' Compensation Internal Service Fund (ISF) and in the Storm Drain Maintenance District Fund for additional claim and repair expenses.
3. Authorizing the continuation of up to $9,060,939 in FY 2022-23 budget appropriations to FY 2023-24 for the completion of identified programs.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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.
15.3 23-0886 DISCUSSION AND DIRECTION REGARDING THE PLACEMENT OF A CHARTER AMENDMENT FOR ARTICLES XI AND XI-A, ON THE NOVEMBER 5, 2024, GENERAL ELECTION BALLOT
RECOMMENDATION
Staff recommends that the City Council consider, discuss, and provide direction via motion on whether to draft an amendment to the Charter, granting authority over the City's Public Information Office to the City Manager, for submission to the voters on the November 5, 2024, election ballot.
If Council directs staff to draft the amendment and move forward with the process for submission to the voters, there will be two required public hearings and a final meeting at which Council will adopt a resolution to place the Charter Amendment on the 2024 election ballot.
Legislation Text
Attachment A - Reso 99-0545
Attachment B - Reso 00-0122
Attachment C - Charter Amendments Redlined
The following person(s) spoke on this item: Motecuzoma Sanchez, Ralph White, Julie Dunning and Christina Fugazi Council Direction
: City Clerk is directed to bring back an action for the creation of a citizen advisory board including a recommended timeline and milestones that Council may approve regarding the charter amendment process. Council would like for each councilmember to appoint a representative and the Clerk is directed to include a set of criteria for selecting/appointing members based on general criteria used for other like bodies, considering the history of prior citizen charter review bodies. Council asked for an intentional and strategic process in which there is ample community engagement where the body prioritizes and focuses on Charter Section XI-A but continues its’ work to review and address charter compliance overall.
16. HEARINGS**
16.1 23-0777 ADOPT A RESOLUTIONS CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, INCLUDING A STATEMENT OF OVERRIDING CONSIDERATIONS, FINDINGS OF FACT, A MITIGATION AND MONITORING REPORTING PROGRAM, AND AN ERRATA TO THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING A MASTER DEVELOPMENT PLAN; ADOPT AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT, FOR THE PROPOSED ST. JOSEPH’S MEDICAL CENTER OF STOCKTON HOSPITAL EXPANSION PROJECT AT 1800 NORTH CALIFORNIA STREET (APPLICATION NO. P21-0958) Legislation Text
Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - SJMC DEIR
Attachment E - SJMC FEIR
Attachment F - CHB Resolutions
Attachment G - Public Comment Received
Attachment H - Community Outreach Summary
Proposed Resolution - FEIR
Exhibit 1 - SJMC FEIR
Exhibit 2- Findings, SOC, MMRP & Errata
Proposed Resolution - Master Development Plan
Exhibit 1 - MDP
Proposed Ordinance - Development Agreement
Exhibit 1 - Development Agreement
PPT - 16.1 - St Joseph’s Medical Center Expansion Project Approved Resolution 2023-09-26-1601-01
Approved Resolution 2023-09-26-1601-02
Approved Ordinance 2023-09-26-1601
The following person(s) spoke on this item: Lisa Vela
Approve
Resolution 2023-09-26-1601-01
certifying the Environmental Impact Report (SCH #2021120439), including a Statement of Overriding Considerations, Findings of Fact, Mitigation and Monitoring Reporting Program, and Errata to the Final Environmental Impact Report; Resolution 2023-09-26-1601-02
approving a Master Development Plan, with Conditions of Approval; Ordinance 2023-09-26-1601
approving a Development Agreement; and
Authorizing the City Manager to take any and all necessary and appropriate actions to carry out the purpose and intent of these actions.
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.
17. CITY MANAGER’S UPDATE
City Manager Harry Black - Saturday, September 30, 2023 from 9:00 AM - 12:00 PM, District 2 beautification event; October 12, 2023 Stockton Fire Department Engine Dedication
18. COUNCIL COMMENTS
Vice Mayor Warmsley - Transformation Climate Grant; Miner St grand opening; Park Reservations; October 27, 2023 Community Improvement Meeting; Victory Park and McKinley Park pools; Safe Routes for School; Ask Stockton; AdHoc Warehouse Committee; fiber optics outages; EBC participation update; thanked Amelia Ann Adams Whole Life Center, San Joaquin County Foundation and San Joaquin County Pathways Hubs; community self-check in, close meeting in honor of Murphy Lee Vaster Warmsley Sr Councilmember Wright - Valley Voice Advocacy trip; League of California Cities Annual Conference; California Business Round Table; gun violence Councilmember Padilla - public safety numbers, city resources for youth Councilmember Blower - attended multiple city events; congratulated Vice Mayor Warmsley and Councilmember Wright Councilmember Lenz - Sister City Parma, Italy 25th Anniversary Dinner; Children’s Museum Fiesta; disposal of firearms Councilmember Villapudua - thanked City Manager, city staff, Chief of Police and Chief of Fire; St. Joseph’s Project; Stockchella; thanked China Village Mayor Lincoln - follow City Social Media pages for events; Mid-Autumn festival; Hispanic Heritage Month; California League of Cities Conference; public safety; thanked colleagues
19. ADJOURNMENT - 8:46 PM
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK