MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF November
14, 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 23-1044 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Karla Heneby v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UCR-2022-9993)
Name of Case: Yachne Noah v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UNPI-2022-9992)
Name of Case: Angela Pelligra v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UCR-2022-9859)
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 23-1045 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 23-1046 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 23-1047 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 23-1048 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 23-1049 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 4:25 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 New York Times Square, Lobby, 270 West 42nd St. New York, New York 10036
7. INVOCATION/PLEDGE TO FLAG
The Invocation was provided by Pastor John Hathorn, Lincoln Presbyterian Church and the Pledge of Allegiance was led by Councilmember Villapudua.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Lori Asuncion reported that there was no reportable action taken this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 NATIONAL HOMELESS AND RUNAWAY YOUTH AWARENESS MONTH Recipient: Elizabeth Sanchez, Director of Community Engagement at Prevail Elizabeth Sanchez, Director of Community Engagement at Prevail - thanked city council for the recognition
10.2 NATIVE AMERICAN HERITAGE MONTH
Recipient: Destiny Rivas, Chair of the Stockton Pow Wow Committee Destiny Rivas, Chair of the Stockton Pow Wow Committee - thanked city council; Native Communities background
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Jeremiah Skaggs, Vice President of the Stockton Police Officers Association - Measure A Jason Lee - youth services funding, thanked Mayor, Councilmember Wright, Councilmember Padilla Zoyla Moreno - congratulated the City Council
Aaron Edwards - RTD Stuff the Bus
Pat Barrett - streetsweeper
12. CONSENT AGENDA
Approve to approve the Consent Agenda with a single vote, save for item 12.4 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 23-0933 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30,2023 Motion 2023-11-14-1201
accepting the Quarterly Investment Report for the quarter ended September 30, 2023.
Legislation Text
Attachment A - Quarterly Investment Reports
Attachment B - Certification of Quarterly Investment
12.2 23-1067 APPOINTMENTS TO THE CHARTER REVIEW ADVISORY COMMISSION Resolution 2023-11-14-1202
ratifying the Mayor and Council's appointments to the Charter Review Advisory Commission for a term commencing immediately and Districts 2, 4, 5, and Mayoral appointments ending December 31, 2024, and Districts 1, 3, and 5 ending December 31, 2026.
Legislation Text
Approved Resolution 2023-11-14-1202
Around the bench memo
Note: A memo dated November 14, 2023 from the City Clerk relating to the agenda Item 12.2 Appointments To The Charter Review Advisory Commission was distributed around the bench.
12.3 23-0915 2024 CITY COUNCIL/SUCCESSOR AGENCY/STOCKTON PUBLIC FINANCING AUTHORITY/STOCKTON PARKING AUTHORITY MEETING CALENDAR Motion 2023-11-14-1203
adopting the 2024 Concurrent City Council/Successor Agency/Stockton Public Financing Authority/Stockton Parking Authority Meeting Calendar.
Legislation Text
2024 Meeting and Closed Days Calendar
12.4 23-0872 ADOPT RESOLUTION TO AUTHORIZE THE WEBER POINT EVENTS CENTER SHADE STRUCTURE REHABILITATION - PHASE 2 PROJECT Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2023-11-14-1204
Approve
Resolution 2023-11-14-1204:
1. Approving Notice of Exemption No. NOE36-22 under the California Environmental Quality Act for the Weber Point Events Center Shade Structure Rehabilitation - Phase 2, Project No. WP22033.
2. Approving the plans and specifications for the Weber Point Events Center Shade Structure Rehabilitation - Phase 2, Project No. WP22033.
3. Awarding a Construction Contract in the amount of $798,910 to McFadden Construction, Inc. for the Weber Point Events Center Shade Structure Rehabilitation - Phase 2, Project No. WP22033.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Moved by
: Michael Blower, 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.
12.5 23-0875 ADOPT RESOLUTION TO AUTHORIZE THE STREETLIGHT POLE REPLACEMENT FY 2022-23 SB1 PROJECT Resolution 2023-11-14-1205:
1. Approving Notice of Exemption No. NOE38-23 under the California Environmental Quality Act for the Streetlight Pole Replacement FY 2022-23 SB1, Project No. WD23006.
2. Approving the plans and specifications for the Streetlight Pole Replacement FY 2022-23 SB1, Project No. WD23006.
3. Awarding a Construction Contract in the amount of $223,300 to St. Francis Electric, LLC of San Leandro, CA, for the Streetlight Pole Replacement FY 2022-23 SB1, Project No. WD23006.
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 2023-11-14-1205
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0955 APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH COMMUNITY MEDICAL CENTERS OF STOCKTON TO UTILIZE FUNDS RECEIVED THROUGH THE NATIONAL OPIOID SETTLEMENT AGREEMENTS Legislation Text
Attachment A - List of Opioid Remediation Uses
Attachment B - CA DHCS Payment Information
Proposed Resolution - Opioid Settlement Agreement Funds.docx Exhibit 1 - CMC Agreement for Opioid Settlement Funds
PPT - 15.1 Opioid Settlement Fund.pdf
Approved Resolution 2023-11-14-1501
The following persons spoke to the following item: Pat Barrett Approve
Resolution 2023-11-14-1501:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Awarding a Professional Services Contract to Community Medical Centers (CMC) of Stockton, CA in the Not-to-Exceed amount of $4,500,000 for three years to utilize funds received through the National Opioid Settlement in order to remediate and provide activities that end, reduce, and/or lessen the effects of the opioid epidemic in communities.
3. Authorizing the City Manager to accept and appropriate all funds allocated to the City of Stockton under the Opioid Settlement Agreement Funds.
Authorizing the City Manager, or designee, to take 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.
15.2 23-0992 STOCKTON DIAMOND GRADE SEPARATION PROJECT - EMINENT DOMAIN Informational item only. No action taken.
Legislation Text
PPT 15.2 Stockton Diamond Grade Separation
16. HEARINGS
16.1 23-1066 PUBLIC HEARING FOR THE DISCUSSION OF THE PROPOSED MEASURE A SUNSET EXTENSION Legislation Text
Attachment A - Recommended Findings Based on Evidence for Measure A Extension Attachment B - Ordinance No. 2013-07-09-1601
Attachment C - Marshall Plan June 5, 2013 Staff Rpt
Attachment D - Successor MOU Appendices
PPT - 16.1 Measure A Public Hearing Presentation
The following persons spoke to the following item: Zoyla Moreno, and Tony Sprague Around the Bench Memo
Note: A memo dated November 14, 2023 from the Chief Financial Officer relating to Item 16.1 correction to the update to November 14, 2023, City Council Meeting Presentation -Agenda Item 16.1 was distributed around the bench
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Wright - East Community Energy is now Ava Community Energy; Greater Stockton Chamber of Commerce 36th Annual ATHENA luncheon November 28, 2023; League of California Cities State Board meeting, League leaders meeting November 29, 2023 - December 1st, 2023, ; Annual tree lighting December 2, 2023; Happy Thanksgiving; Memorial for Jenny Kenoyer November 17th, 2023 Councilmember Padilla - Trinity Parkway, Eight Mile Road, tractor trailers parking; City Manager’s Update, Police Staffing and Recruitment; completion of construction on Lower Sac Road; personal experiences, disrespect, hostility; community togetherness, Happy Thanksgiving Vice Mayor Warmsley - Al Franco tree work in South Stockton; Hmong New Year; Veteran’s Day; traffic enforcement; California League of all Cities Board Meeting; passing of Dorothy Jones and Dr. Wanda Davis Councilmember Blower - community office hour; Hmong New Year Festival; Education San Joaquin 2023 Conclusion Ceremony; Veteran’s Day; Emergency Food Bank Thanksgiving food box giveaway November 21, 2023; Stockton Lantern Festival November 24, 2023 - December 14, 2023; thanked Vice Mayor Councilmember Villapudua - installation of floors for VanBuskirk basketball hoop; Veteran’s Day; Hmong New Year Festival; Stockton Storm Youth soccer team win; Jason Lee conversation; Fathers birthday; thanked City staff, Chief McFadden; respect of others Mayor Lincoln - Veteran’s Day; Marine Corp Birthday; thanked Vice Mayor for assistance at meeting last week; Because Kids Action on Behalf of Children, Factory Institute of Training; Greater Valley Conservation Corp; Loads of Hope, Community Medical Center, El Concillio Galas, thanked organizations; Spanos Elementary School, Ruby Bridges Walk to School Event; Moment of silence for Dorothy Jones and Wanda Davis
19. ADJOURNMENT - 8:12 PM
INFORMATIONAL ITEMS
1. 23-0970 MEASURE A FISCAL YEAR 2018-19, FISCAL YEAR 2019-20, AND FISCAL YEAR 2020-21 ANNUAL REPORTS UPDATE Informational item only. No action taken.
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Attachment A - DRAFT FY2018-19 Annual Report
Attachment B - DRAFT FY2019-20 Measure A Annual Report Attachment C - DRAFT FY2020-21 Measure A Annual Report
2. 23-1042 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken.
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Audit 2023-06-12
CSC 2023-06-15
CSC 2023-07-20
CSC 2023-08-17
Planning Commission 2023-04-27
Planning Commission 2023-05-25
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK