MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF December
12, 2023
Council Chamber - City Hall, 425 N. El Dorado Street, Stockton, California
1. CLOSED SESSION CALL TO ORDER/ROLL CALL - 4:03 PM
Roll Call
Present:
Michael Blower
Brando Villapudua
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Michele Padilla.
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 23-1132 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Six
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: Fire Captain Dwight Lindsey, (Workers’ Compensation Appeals Board Case Nos. ADJ14384664; ASJ14384663; and ADJ116192016)
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)
Name of Case: Fire Captain Dennis Zuck, (Workers’ Compensation Appeals Board Case Nos. ADJ17312464 and ADJ17407969)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code.
Legislation Text
3.2 23-1133 CONFERENCE WITH LABOR NEGOTIATOR
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3.3 23-1134 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.4 23-1135 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.5 23-1136 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
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3.6 23-1137 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 4:03 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
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Daniel Wright
Absent:
Michele Padilla.
7. INVOCATION/PLEDGE TO FLAG
The Invocation was provided by Kyler Tevis, Communications Director Oasis Church and the Pledge of Allegiance was led by Councilmember Wright.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
16.2 23-1169 CONTINUED ADOPTION OF 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 - 16.2 - Amending SMC Title 16 - Warehouse Standards Approved Ordinance 2023-12-12-1602
Council Correspondence - Public Comments
Approve
Ordinance 2023-12-12-1602
Accepting the proposed ordinance exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) (Common Sense Exemption), and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan); and adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Chapter 16.80 (Standards for Specific Land Uses) to add a new Section 16.80.390 (Logistic Warehouse) under option C as currently written with direction to staff to perform a feasibility analysis as to applicability size and the environmental justice proposed amendments; and then bring that back in 6 months with a feasibility analysis, recommending adoption as appropriate following Planning Commission review and recommendations at the no later than the first Council meeting in July 2024.
Moved by
: Susan Lenz, seconded by Michael Blower.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Michele Padilla.
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Ralph White - nomination process
Mike De Anda - contract negotiation
Henry Torres - workers strike, contract negotiations
Mark Moreno - employee retention
Nathan Castanon - contract negotiation
Temo Aguilar - labor standards; prequalification language for future projects Mary Elizabeth - code enforcements, rental housing units; public review of projects; climate change Jason Lee - Hollywood Cares Christmas toy giveaway December 23rd 12PM-4PM at Aspire Elementary School; thanked Clerk Department; labor negotiator Pat Barrett - labor negotiation; South Stockton community Bryant Bowers - contract negotiation
Natasha Brown - District six
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote, save for item 12.2 which was considered separately.
Moved by
: Kimberly Warmsley, seconded by Michael Blower.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Michele Padilla.
12.1 23-0860 AUTHORIZE AN AGREEMENT WITH BMO BANK N.A. (FORMERLY BANK OF THE WEST) FOR UTILITY BILLING REMITTANCE PROCESSING SERVICES (LOCKBOX SERVICES) Motion 2023-12-12-1201:
1. Authorizing the City Manager to execute an agreement with BMO Bank N.A. (formerly Bank of the West) ("Bank") to provide utility billing remittance processing services (also known as lockbox services) through June 30, 2027, in the amount of $64,500 per year.
2. Approving findings pursuant to Stockton Municipal Code section 3.68.070 for 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 - Agreement - Bank of the West
Attachment B - Agreement - BMO Lockbox Services
12.2 23-1108 ADOPT A RESOLUTION TO ACCEPT A ROUND 1 ADAPTATION PLANNING GRANT PROGRAM AWARD IN THE AMOUNT OF $650,000 Legislation Text
Attachment A - APGP R1 Planning Grant Agreement
Proposed Resolution - APGP R1 Planning Grant
Approved Resolution 2023-12-12-1202
The following persons spoke to the following item: Pat Barrett, Johathan Pruitt, Esperanz Vielma, and Alicia Valenzuela Approve
Resolution 2023-12-12-1202:
1. Authorizing the City Manager to execute a grant agreement in the amount of $650,000 with the California Governor's Office of Planning and Research (OPR)
2. Authorizing the City Manager to appropriate grant revenues and expenditures in the amount of $650,000
3. Authorizing the City Manager to execute and manage sub-agreements with co-applicants in amounts consistent with the Grant Agreement.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Michele Padilla.
12.3 23-1077 APPROVE A MOTION TO APPLY FOR, ACCEPT, AND APPROPRIATE GRANT FUNDING FROM THE CALIFORNIA INTERAGENCY COUNCIL ON HOMELESSNESS (CAL ICH) FOR ROUND FIVE OF THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP) GRANT PROGRAM Motion 2023-12-12-1203:
1. Authorizing staff to apply for, accept and appropriate Round 5 of the Homeless Housing, Assistance and Prevention Grant (HHAP 5) Program
2. Approving and authorizing the City Manager, or designee, to enter into a Standard Agreement for HHAP 5 funds with all its exhibits or other necessary documents consistent with the motion; and authorize the City Manager to approve consultant contracts that exceed the Stockton Municipal Code Section 3.68.060 spending limits to carry out application planning and administrative portions of the grant where necessary
3. Approving findings pursuant to Stockton Municipal Code Section 3.68.070 that support an exception to the competitive bidding process; and,
4. Authorizing the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Legislation Text
12.4 23-1060 APPROVE MOTION TO EXECUTE A ONE (1) YEAR STANDARD AGREEMENT BETWEEN PROFORCE LAW ENFORCEMENT (PROFORCE) AND THE CITY OF STOCKTON (CITY) FOR THE GLOCK FIREARMS AND RED DOT OPTICS IN AN AMOUNT NOT TO EXCEED $184,826 (PUR 24-012) Motion 2023-12-12-1204:
1. Authorizing the City Manager to execute a one-time purchase from ProForce, in an amount not to exceed $184,826
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.
Legislation Text
Attachment A - ProForce Law Enforcement Agreement
12.5 23-1062 ADOPT RESOLUTION TO AUTHORIZE THE SWENSON PARK GOLF COURSE FENCE REPLACEMENT PROJECT Resolution 2023-12-12-1205:
1. Approving Notice of Exemption No. NOE60-23 under the California Environmental Quality Act for the Swenson Park Golf Course Fence Replacement, Project No. WB24033.
2. Approving reallocation of Council Discretionary Funding, in the amount of $25,000, from the Pixie Woods Suspension Bridge Replacement, Project No. WP22039, to the Swenson Park Golf Course Fence Replacement, Project No. WB24033.
3. Awarding a Construction Contract, in the amount of $230,720, to Arrow Fence Company of Rocklin, CA, for the Swenson Park Golf Course Fence Replacement, Project No. WB24033.
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 - NOE60-23
Exhibit 2 - Construction Contract
Approved Resolution 2023-12-12-1205
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
15.1 23-1144 STOCKTON POLICE DEPARTMENT TRAFFIC SAFETY UPDATE
RECOMMENDATION
This is an informational item only. No action to be taken.
Legislation Text
PPT - 15.1 - Traffic Safety Update
15.2 23-0890 ADOPT RESOLUTION TO AUTHORIZE TRANSFER AND APPROPRIATION OF FUNDS FOR THE CALIFORNIA STREET ROAD DIET PROJECT Legislation Text
Attachment A - Vicinity Map
Proposed Resolution
PPT - 15.2 - California Street Road Diet
Approved Resolution 2023-12-12-1502
Approve
Resolution 2023-12-12-1502:
1. Transferring funds totaling $846,305 from various projects to the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194). a. $20,800 from the High Friction Surface Treatment, Project No. WT16022. b. $125,005 from the Bicycle Master Plan Program, Project No. WT17003. c. $260,000 from the Rule 20A Street Lighting Program, Project No. WT15021. d. $244,500 from the Traffic Signal Modification Program, Project No. WT15029. e. $196,000 from the California and Vine Rectangular Rapid Flashing Beacon Improvements, Project No. WT21018.
2. Appropriating funds in the amount of $549,695 from the Public Facility Fee Air Quality Fund Balance to the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194).
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Michele Padilla.
15.3 23-1106 APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 7, EXECUTE AMENDMENT NO. 2, AND AUTHORIZE CONTRACT CHANGE ORDER NO. 7 FOR THE NEW CITY HALL RENOVATIONS AND RELOCATION PROJECT Legislation Text
Attachment A - Vicinity Map
Attachment B - Amendment No. 7
Attachment C - Amendment No. 2
Attachment D - CCO No. 7
PPT - 15.3 - New City Hall Renovations and Relocation
Approve
Motion 2023-12-12-1503:
1. Authorizing the City Manager to execute Professional Services Contract Amendment No. 7 in the amount of $820,000 with Indigo | Hammond + Playle Architects, LLP, for design support during construction for the New City Hall Renovations and Relocation, Project No. E016015.
2. Authorizing the City Manager to execute Amendment No. 2 to the Professional Services Contract with Griffin Structures, Inc., in the amount of $288,464, for construction management services for the New City Hall Renovations and Relocation, Project No. E016015.
3. Authorizing the City Manager to execute Contract Change Order No. 7 in the amount of $93,261.41 with Roebbelen Contracting, Inc. for construction of the New City Hall Renovations and Relocation, Project No. E016015.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Michele Padilla.
16. HEARINGS
16.1 23-0659 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2024 DEVELOPMENT FEE SCHEDULE Legislation Text
Attachment A - SJMSCP Staff Report
Attachment B - Habitat Fee Areas
Attachment C - Regional Preserve Areas
Proposed Resolution
PPT - 16.1 - SJC Habitat Fees
Approved Resolution 2023-12-12-1601
Approve
Resolution 2023-12-12-1601
approving the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2024 development fee schedule.
Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Moved by
: Daniel Wright, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, Kimberly Warmsley, and Daniel Wright.
Absent
: Michele Padilla.
17. CITY MANAGER’S UPDATE
Harry Black, City Manager - City website release date
18. COUNCIL COMMENTS
Councilmember Blower - Food Bank Holiday Food Box giveaway December 19th 7am-1PM; thanked Councilmember Wright and Vice Mayor Warmsley Councilmember Wright - California Associations League of Councils Of Government retreat report; community input Councilmember Villapudua - thanked community members; Stockton Christmas Tree Lighting event; District five holiday event December 14th 5 PM; Food Pantry giveaway December 19th 11:30 AM; thanked City Staff and fellow Councilmembers Vice Mayor Warmsley - transformative climate communities; Green Energy Program; Youths; parks; validate staff work; concerns of Ralph White Councilmember Villapudua - thanked Councilmember Blower Mayor Lincoln - thanked Councilmembers and staff; civic engagement Councilmember Wright - public comment process
19. ADJOURNMENT - 8:54 PM
INFORMATIONAL ITEMS
1. 23-0991 CITY OF STOCKTON BOARDS AND COMMISSIONS LOCAL APPOINTMENT LIST FOR CALENDAR YEAR 2024 Informational item only. No action taken.
Legislation Text
2024 Local Appointment List - Maddy Act.pdf
ELIZA R. GARZA, CMC
STOCKTON CITY CLERK