MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF December
5, 2023
Council Chamber, City Hall, 425 N. El Dorado St. Stockton, CA
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:05 PM
Roll Call
Present:
Michael Blower
Michele Padilla
Susan Lenz
Kevin J Lincoln II
Daniel Wright
Absent:
Brando Villapudua, and Kimberly Warmsley.
Note: Councilmember Villapudua arrived to Closed Session at 4:08 PM.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 23-1121 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.
Legislation Text
3.2 23-1122 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 23-1123 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.4 23-1124 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.5 23-1125 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Legislation Text
3.6 23-1126 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
3.7 23-1127 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF 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)(4).
Legislation Text
4. CLOSED SESSION PUBLIC COMMENT
Pat Barrett - South Stockton Air Quality
5. RECESS TO CLOSED SESSION
The Council recessed to Closed Session at 4:05 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: Vice Mayor Kimberly Warmsley participated in the meeting via teleconference from the following location: ACE Hotel Los Angeles, Business Center, 929 S. Broadway, Los Angeles, CA 90015
7. INVOCATION/PLEDGE TO FLAG
The Invocation was provided by Major Young, Salvation Army and the Pledge of Allegiance was led by Councilmember Padilla.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
None
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 STOCKTON STORM FC 2015 BOYS BLUE SOCCER TEAM
Recipient: Coach
Coach - thanked Council, City Manager
16.1 23-0978 ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW LOGISTIC WAREHOUSE STANDARDS Legislation Text
Attachment A - CA Attorney General Approved Agreement
Attachment B - Sierra Club Approved Agreement
Attachment C - Outreach and Comment Summary
Attachment D - Proposed Ordinance (Option A)
Attachment E - Proposed Ordinance (Option B)
Attachment F - Proposed Ordinance (Option C)
Attachment G - Ordinance Option Comparison Table
Attachment H - Option B Feasibility Analysis
Attachment I - Option C Feasibility Analysis
Attachment J - Approved PC Resolution
Attachment K - Public Comment
PPT - 16.1 - Amending SMC Title 16 - Warehouse Standards Council Correspondence - Public Comments
The following persons spoke to the following item: Gloria Alonso, Pat Barrett, Margo Prauss, Jazmarie La Tour, Jasmine Leek, RC Thompson, Jonathan Pruitt, Ector Olivares, Espe Vielma, Eric Parfrey, Nate Knodt, Mary Elizabeth, Alicia Valenzuela, Sofia Canella-Torres, Roberto Contreras, Reverend Dwight Williams, Maria Velma, Lorie Diaz-Liddicoat, Frank Ferrol, Cassandra Leiva, Alyssa Leiva, Bob Gutierrez Maria Monroy, Mario Enriquez, Raul Hernandez, Liz Sutton, Jason Lindsey, Damaris Leiva, Mike Souza, Kevin DalPorto, Rob Mitchell Trevor Smith, Tamara Buenestro-Suguitan, Jeff Sanguinetti, and Miguel Pulido Approve
Motion 2023-12-05-1601
to continue the Public Hearing until date certain of 12/12/2023.
Moved by
: Daniel Wright, 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.
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Darren Semore, OE3 representative - City Manager remarks; COMP study Loren Celestine - employee retention; negotiation tactics Mark Moreno - employee retention; negotiation tactics
Dean Fadeff, District Representative OE3 - contract negotiations Matt Ellis - encampment; thanked Councilmember Padilla
Wasim Hassain - encampments
Jeff Gamboni - Victory Park Rose Garden
Cynthia Gail Boyd - town hall meeting, homicides
Mary Elizabeth - retail tobacco ordinance
Motecuzoma Sanchez - workers strike
Council Correspondence - Public Comments
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote.
Moved by
: Daniel Wright, 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.
12.1 23-1162 APPOINTMENT TO THE CHARTER REVIEW ADVISORY COMMISSION Resolution 2023-12-05-1201
ratifying the Councilmember Wright's appointment to the Charter Review Advisory Commission for a term commencing immediately ending December 31, 2024.
Legislation Text
Attachment A - Redacted Application
Proposed Resolution
Approved Resolution 2023-12-05-1201
12.2 23-0909 APPROVE MOTION TO AMEND THE THREE-YEAR STANDARD AGREEMENT BETWEEN THE CITY OF STOCKTON AND JACK ROBERSON FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) GRANT Motion 2023-12-05-1202:
1. Amending a standard agreement with Jack Roberson of Mora Learning Institute (MLI) to assume the lead technical assistance role and provide direct support and consulting to the OVP director, staff, and CalVIP sub-recipients for the overall implementation of the CalVIP Cohort 4 initiative in the not-to-exceed amount of $290,000.
2. Authorizing the City Manager to move CalVIP funds between approved sub-recipients as necessary.
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 - Approved Resolution
Attachment B - 2022-25 CalVIP Grant Agreement
Attachment C - Contract Amendment 1
12.3 23-0953 RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF CALIFORNIA BOARD OF STATE COMMUNITY CORRECTIONS, IN THE AMOUNT OF $9,174 FOR THE CALIFORNIA VIOLENCE INTERVENTION AND PREVENTION (CALVIP) MENTAL HEALTH SERVICES FOR FRONT LINE WORKERS GRANT FOR THE PERIOD JULY 1, 2023, THROUGH JUNE 30, 2025, AND AUTHORIZING EXECUTION OF GRANT AGREEMENT Resolution 2023-12-05-1203:
1. Authorizing the City Manager to accept grant funding from the State of California Board of State Community Corrections California Violence Intervention and Prevention (CalVIP) Grant
2. Authorizing all required appropriations and expenditures in compliance with and for the purposes stated in the project agreement over a two year period
3. The grant funds received hereunder shall not be used to supplant expenditures controlled by this body
4. Authorizing and directing the City Manager, or designee, to execute on behalf of the City of Stockton all required contracts or agreements with the granting agency, providing additional information and furnishing such documents as may be required, executing all documents and amendments or extensions pertaining to the grant project
5. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Legislation Text
Attachment A - CALVIP April 2023 Application
Proposed Resolution
Approved Resolution 2023-12-05-1203
12.4 23-0993 APPROVE A MOTION ACCEPTING THE 2023 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA Motion 2023-12-05-1204:
1. Accepting the 2023 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area
2. Authorizing the City Manager or designee to take necessary and appropriate actions to carry out the purpose and the intent of this motion.
Legislation Text
Attachment A - RD2042 Map
Attachment B - SB 5 Overview
Attachment C - 200 Yr Floodplain Map
Attachment D - 2023 Annual Progress Report
12.5 23-0012 ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FOR THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUSTAINABLE TRANSPORTATION PLANNING GRANT AWARDED TO SAN JOAQUIN COUNCIL OF GOVERNMENTS Resolution 2023-12-05-1205:
1. Authorizing the City Manager, or designee, to accept the grant suballocation from SJCOG as a subrecipient, contribute the local match requirement, execute and submit all documents including agreements, amendments, and payment requests, and make all necessary appropriations in compliance with and for the purposes stated in the grant award and application; and
2. 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 - Caltrans Grant
Approved Resolution 2023-12-05-1205
12.6 23-1059 APPROVE A MOTION TO EXECUTE CONTRACT AMENDMENT NO. TWO WITH UKG KRONOS SYSTEMS, LLC (FORMERLY KRONOS INCORPORATED) FOR THE TELESTAFF SCHEDULING SOLUTION Motion 2023-12-05-1206:
1. Authorizing the City Manager to execute Contract Amendment No. Two to the UKG Kronos Systems, LLC (formerly Kronos Incorporated) Agreement in an amount not to exceed $28,645.05.
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 - Original Agreement
Attachment B - Amendment 1
Attachment C - Amendment 2
12.7 23-1088 APPROVE MOTION TO EXECUTE A FIVE-YEAR MASTER SERVICE AGREEMENT WITH LEXIPOL, LLC FOR POLICY MANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $179,700 Motion 2023-12-05-1207:
1. Authorizing the City Manager to execute a five-year Master Service Agreement with Lexipol, LLC (Lexipol), in an amount not to exceed $179,688.70.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process
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 - Master Service Agreement
12.8 23-0891 AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH LAW ENFORCEMENT PSYCHOLOGICAL SERVICES, INC. TO PROVIDE PRE-EMPLOYMENT PSYCHOLOGICAL EVALUATION SERVICES Motion 2023-12-05-1208
authorizing the City Manager to:
1. Executing a five (5) year contract with Law Enforcement Psychological Services, Inc. to provide pre-employment psychological testing for police and fire department candidates.
2. Approving exception to the competitive bidding process pursuant to Stockton Municipal Code section 3.68.070.
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 - Proposed Contract with LEPS
12.9 23-1075 ACCEPT THE FINAL 2022-23 SAN JOAQUIN COUNTY CIVIL GRAND JURY REPORT AND APPROVE THE CITY OF STOCKTON RESPONSE CASE NO. 0322 SCHOOL SAFETY IN SAN JOAQUIN COUNTY: DEVELOPING A CULTURE OF SAFETY Motion 2023-12-05-1209
accepting the final 2022-23 San Joaquin County Civil Grand Jury Report and approving by motion the City's response to the School Safety in San Joaquin County: Developing a Culture of Safety investigation (Case No. 0322).
Legislation Text
Attachment A - 2022-23 SJC Grand Jury Final Report
Attachment B - SPD Response Letter
12.10 23-0894 ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT AND APPROPRIATE FUNDS FOR THE DOWNTOWN EAST-WEST CONNECTION PROJECT Resolution 2023-12-05-1210:
1. Awarding a Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $258,500, for design of the Downtown East-West Connection, Project No. WT22050/ATPL-5008(199).
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Appropriating funds in the amount of $20,000 from the Public Facilities Fee Air Quality Fund Balance to the Downtown East-West Connection, Project No. WT22050/ATPL-5008(199).
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 - Professional Services Contract
Approved Resolution 2023-12-05-1210
12.11 23-0897 REJECT BIDS FOR THE CITYWIDE SIDEWALK REPAIR PROJECT Motion 2023-12-05-1211
rejecting all bids received for the Citywide Sidewalk Repair, Project No. WD22053, pursuant to Stockton Municipal Code section 3.68.160(B).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
Attachment A - Project Map
Attachment B - Location List
12.12 23-0905 ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP INSTALLATION PROJECT Resolution 2023-12-05-1212:
1. Approving Notice of Exemption No. NOE39-23 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD23004.
2. Approving the plans and specifications for the ADA Curb Ramp Installation, Project No. WD23004.
3. Awarding a Construction Contract in the amount of $785,000 to Terocons, Inc. of San Francisco, CA, for the ADA Curb Ramp Installation, Project No. WD23004.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Location List
Attachment B - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Approved Resolution 2023-12-05-1212
12.13 23-0785 ADOPT RESOLUTION TO AUTHORIZE SUBMITTAL OF A GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM Resolution 2023-12-05-1213:
1. Authorizing the City Manager to execute a Grant Agreement under the Federal Fiscal Year 2022 Safe Streets and Roads for All Grant Program with the U.S. Department of Transportation Federal Highways Administration.
2. Authorizing the City Manager, or designee, to submit future Safe Streets and Roads for All Grant Program applications and execute all necessary implementation related documents and agreements with the U.S. Department of Transportation Federal Highways Administration.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Proposed Resolution - SS4A
Exhibit 1 - US Dept. of Trans - Grant Agreement
Approved Resolution 2023-12-05-1213
12.14 23-0830 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE EQUINOA PARK PHASE II PROJECT Motion 2023-12-05-1214:
1. Awarding a Professional Services Contract to Callander Associates of Gold River, CA, in the amount of $198,942, for design of the Equinoa Park Phase II, Project No. WP13173.
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
12.15 23-0833 ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT AND APPROPRIATE FUNDS TO THE CANNERY PARK PROJECT Resolution 2023-12-05-1215:
1. Awarding a Professional Services Contract to O'Dell Engineering of Modesto, CA, in the amount of $222,542, for design of Cannery Park, Project No. WP13270.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Appropriating funds in the amount of $125,000 from the Public Facilities Fee Parkland Fund Balance to Cannery Park, Project No. WP13270.
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 - Professional Services Contract
Approved Resolution 2023-12-05-1215
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-0965 UPDATE ON CLEAN CITY INITIATIVE
Informational item only. No action taken.
Legislation Text
PPT - 15.1 - Update - Clean City Initiative
16. HEARINGS
16.2 23-1104 PUBLIC HEARING FOR THE CONSIDERATION OF THE PROPOSED MEASURE A SUNSET EXTENSION; ADOPTION OF AN ORDINANCE EXTENDING THE TERM OF THE TAX MEASURE; AND ADOPTION OF A RESOLUTION AMENDING THE ANNUAL BUDGET Legislation Text
Attachment A - Ordinance No. 2013-07-09-1601
Proposed Resolution
Proposed Ordinance
Approved Resolution 2023-12-05-1602
Approved Ordinance 2023-12-05-1602
Exhibit 1 - LRFP With and Without Measure A
Exhibit 2 - Services Restored Using General Fund
Exhibit 3 - Services Threatened by Sunset of Measure A
Exhibit 4 - Methodology Used - Salary Comp Studies
Exhibit 5 - Successor MOU Appendices
PPT - 16.2 - Measure A Extension
The following persons spoke to the following item: Sharee Wilburn, Mister Lee, James Stutz, Clifford Rayasa, Junior, Christine DeHoyos, Damian, Jorge Mendoza, Michael Huiras, Ned Leiba, Cynthia Gail Boyd, Ernesto Gonzalez, Joshua Rayasa, Rev. E.L. Williams, Christina Fugazi, Dan Offield, and Motecuzoma Sanchez.
Approve
1. Ordinance 2023-12-05-1602:
adopting findings and extending the sunset of the tax measure
2. Resolution 2023-12-05-1602:
amending the authorized positions in the FY 2023-24 Annual Budget.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Moved by
: Daniel Wright, seconded by Susan Lenz.
Vote
: Motion carried 6-1
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
No
: Michele Padilla.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Councilmember Padilla - traffic; abandoned animals; volunteering; safety in district Councilmember Blower - Holiday Tree Lighting; Stockton Lantern Festival November 24, 2023 - December 14, 2023 Councilmember Wright -Charter Review Advisory Committee appointee; Holiday Tree Lighting; League of California Cities Annual State Board Meeting; California Council of Government Annual Retreat; traffic tickets Councilmember Lenz - ATHENA awards; pedestrians, speeding; Stockton Lantern Festival November 24, 2023 - December 14, 2023.
Mayor Lincoln - community involvement
Vice Mayor Warmsley - pedestrian safety, traffic enforcement; League of California Cities Annual State Board Meeting; Emergency Food Bank Thanksgiving food box giveaway; Annual Run for Turkey
19. ADJOURNMENT - 10:05 PM
INFORMATIONAL ITEMS
None
Eliza R. Garza, CMC
Stockton City Clerk