MINUTES
City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent MEETING OF September
10, 2024
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
Michele Padilla
Susan Lenz
Kevin J Lincoln II
Kimberly Warmsley
Absent:
Brando Villapudua, and Daniel Wright.
Note: Councilmember Villapudua arrived to closed session at 4:02 PM
2. ADDITIONS TO CLOSED SESSION AGENDA
None
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 24-0777 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Byron Santos v. City of Stockton, et al., (San Joaquin County Superior Court Case No. STK-CV-UCR-2023-4267)
Name of Case: Police Sergeant Jimmy Kwan (Workers’ Compensation Appeals Board Case No.ADJ18313761)
Name of Case: Police Officer David Labarr (Workers’ Compensation Appeals Board Case No. ADJ17053716)
Name of Case: Police Chief Pilot Daniel Lowry (Workers’ Compensation Appeals Board Case No.ADJ15808841)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
Legislation Text
3.2 24-0808 CONFERENCE WITH LABOR NEGOTIATOR
Legislation Text
3.3 24-0946 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Number of Cases: One
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency pursuant to Government Code sections 54956.9(d)(2) and 54956.9(e)(3)...BODY Legislation Text
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 4:51 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
Absent:
Daniel Wright.
7. INVOCATION/PLEDGE TO FLAG
The Pledge of Allegiance was led by California Girls State Citizens American Legion Auxiliary
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney Lori, Asuncion reported out in the matter of Byron Santos v. City of Stockton, et al., (San Joaquin County Superior Court Case No. STK-CV-UCR-2023-4267) City Council voted 6-0 with Councilmember Wright absent to settle the matter in the amount of $550,000
9. ADDITIONS TO REGULAR SESSION AGENDA
None
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 24-0900 CERTIFICATE OF RECOGNITION: CALIFORNIA GIRLS STATE CITIZENS 2024 - AMERICAN LEGION AUXILIARY 16 Legislation Text
Recipients: Njdeka Ekuru, Abel Charter School; Sofia Quesada, St. Mary’s High School; and Devika Vithalani, Mountain House High School Njdeka Ekuru, Abel Charter School; Sofia Quesada, St. Mary’s High School; Devika Vithalani, Mountain House High School- thanked the Council; experience at California Girl State; thanked American Legion Auxiliary
10.2 24-0942 PROCLAMATION: NATIONAL FORENSIC SCIENCE WEEK - SEPTEMBER 15-21, 2024 Legislation Text
Recipients: B. Lee
B. Lee - thanked City Council for recognizing the technicians
11. PUBLIC COMMENTS - MATTERS NOT ON THE AGENDA
Kuanghuei Liang - family story; meeting
Shane C. Rawlings - 5 Harding Way, annexation into the City, non-profit Dan Richardson - thanked MUD, Public Works, sewer problem; thanked Police Department, traffic, Victory Park; PG&E rates Zoyla Moreno - Spanish translation, diversity throughout Stockton, Latinos 45% of the city; City of Sunnyvale translation services (document filed); thanked Public Works; police on Wilson Way and Harding Document Filed - Zoyla Moreno
Ernestina Barios - Weston Ranch; lights on Green Belt Avenue; thanked Councilmember Villapudua; shopping center, police, crime Griselda Juarez - Weston Ranch; Food for Less parking lot, cameras; street lights Casimira Diaz - grand opening Kikis Chicken Place, Friday, September 13, 2024 at 10:30 AM, police presence Luz Guzman - district 6 resident; translation services; crime; car break ins; economy, jobs, rent Oscar Serrano - Spanish translation; crime in Stockton
Ignacio Valdez - 2010 grant application
Council Correspondence - Public Comments
12. CONSENT AGENDA
Approve the Consent Agenda with a single vote save for item 12.3 which was considered separately Moved by
: Kimberly Warmsley, seconded by Susan Lenz.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, and Kimberly Warmsley.
Absent
: Daniel Wright.
12.1 24-0914 APPROVAL OF CITY COUNCIL MINUTES
Motion 2024-09-10-1201
approving the minutes from the City Council meetings of July 26, 2024 Legislation Text
Attachment A - 2024-07-26 Minutes
12.2 24-0899 ADOPT RESOLUTION TO ACCEPT A 2023 ASSISTANCE TO FIREFIGHTERS GRANT AWARD FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR IDLH MONITORING EQUIPMENT AND TRAINING Resolution 2024-09-10-1202:
1. Authorizing the City Manager to accept a grant from the Federal Emergency Management Agency (FEMA) for the 2023 Assistance to Firefighters Grant in the amount of $63,550.67 for the purchase of Immediately Dangerous to Life or Health (IDLH) monitoring equipment and training.
2. Authorizing the City Manager to appropriate $6,355.07 from the General Fund Grant Match Account to cover the required 10 percent of federal fund local match.
3. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Award Package
Proposed Resolution
Approved Resolution 2024-09-10-1202
12.3 24-0459 ACCEPT THE 2025 ANNUAL HEALTH BENEFITS REPORT AND ADOPT THE 2025 HEALTH PREMIUM RATES FOR THE CITY’S HEALTH PLANS Legislation Text
Attachment A - 2025 Health Premium Rates
Attachment B - 2025 Annual Health Benefits Report
The following persons spoke to the item - Almaraso Vargas; Alexandria Prendez; Jenny Hernandez; Anson Lihosit Council Correspondence - Public Comments
Approve
Motion 2024-09-10-1203:
1. Accepting the 2025 Annual Health Benefits Report for the City's medical, dental, and vision plans
2. Approving the 2025 Health Premium Rates for the City's health plans
3. Authorizing the City Manager or their designee to execute health benefit policies and plans to address the health care needs of the City's employees.
Moved by
: Kimberly Warmsley, seconded by Susan Lenz.
Vote
: Motion carried 5-1
Yes
: Michael Blower, Brando Villapudua, Susan Lenz, Kevin J Lincoln II, and Kimberly Warmsley.
No
: Michele Padilla.
Absent
: Daniel Wright.
12.4 24-0801 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH VALLEY LANDSCAPING & MAINTENANCE, INC. FOR LANDSCAPE SERVICES AT THE DELTA WATER TREATMENT PLANT Resolution 2024-09-10-1204
awarding a five-year contract to Valley Landscaping & Maintenance, Inc., of Lodi, CA, in the amount of $173,700, for landscape services at the Delta Water Treatment Plant (Exhibit 1 to the Resolution).
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 - Contract
Approved Resolution 2024-09-10-1204
12.5 24-0827 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH BADGER DAYLIGHTING CORP FOR REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES Resolution 2024-09-10-1205:
Approving the Specifications and Addenda for Regional Wastewater Control Facility Process Cleaning Services (PUR 24-037) (Exhibit 1 to the Resolution).
Authorizing the City Manager to execute a five-year contract for Regional Wastewater Control Facility Process Cleaning Services with Badger Daylighting Corp for the not-to-exceed amount of $3,311,000. (Exhibit 2 to the Resolution).
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- Request for Proposals
Exhibit 2 - Standard Agreement
Approved Resolution 2024-09-10-1205
12.6 24-0840 ADOPT A RESOLUTION TO FINALIZE A GRANT APPLICATION FOR A UNITED STATES BUREAU OF RECLAMATION WATERSMART: WATER AND ENERGY EFFICIENCY GRANT FOR FEDERAL FISCAL YEAR 2024 Resolution 2024-09-10-1206:
Authorizing the City Manager to, sign, apply for, and accept a United States Bureau of Reclamation WaterSMART: Water and Energy Efficiency Grant for Federal FY 24 in the amount not-to-exceed of $4,273,925 on behalf of the City of Stockton.
Authorizing the City Manager to finalize the grant application and all information submitted for consideration and to certify that the Municipal Utilities Department has and will provide $4,273,925 in non-federal cost-share funding and/or in-kind contributions specified in the grant funding plan of $8,547,850.
Authorizing the City Manager to certify that the City has and will comply with all statutory and regulatory requirements related to any grant funds.
Authorizing the City Manager to negotiate and execute a financial assistance agreement and any amendments thereto on behalf of the City of Stockton.
Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - WEEG-008 City of Stockton
Proposed Resolution
Approved Resolution 2024-09-10-1206
12.7 24-0851 AWARD A PROFESSIONAL SERVICES AGREEMENT TO GATEWAY PACIFIC CONTRACTORS, INC. TO DESIGN AND CONSTRUCT THE DELTA WATER TREATMENT PLANT GROUNDWATER RECHARGE BASIN PROJECT Resolution 2024-09-10-1207:
Approving findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
Awarding a Professional Services Agreement to Gateway Pacific Contractors, Inc. of Sacramento, CA, in the not-to-exceed amount of $11,483,248 to design and construct the Delta Water Treatment Plant Groundwater Recharge Basin Project (UH21005) and associated infrastructure.
Authorizing the City Manager to take all appropriate and necessary actions to carry out the purpose and intent of this resolution.
Legislation Text
Attachment A - Gateway Pacific Proposal
Proposed Resolution
Exhibit 1 - Contract
Approved Resolution 2024-09-10-1207
12.8 24-0947 ADOPTION OF PROPOSED REDLINE CHANGES TO CHAPTER 4.06 OF THE COUNCIL POLICY MANUAL Resolution 2024-09-10-1208
adopting the proposed redline changes to Chapter 4.06, Section 4.06.010 of the Council Policy Manual.
Legislation Text
Attachment A - Council Policy 4.06.010-redlined
Proposed Resolution - Electronic Devices.docx
Exhibit 1 - Council Policy 4.06.010 (clean).pdf
Approved Resolution 2024-09-10-1208
The following persons spoke to the item - Dan Richardson; Julie Devincenzi
13. ADMINISTRATIVE MATTERS
None
14. UNFINISHED BUSINESS
None
15. NEW BUSINESS
None
16. HEARINGS
16.1 24-0773 ADOPT AN ORDINANCE AMENDING TITLE 8, TO ADD CHAPTER 8.104 TO THE STOCKTON MUNICIPAL CODE REGARDING ILLEGAL DUMPING AND A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE Legislation Text
Attachment A - Proposed Ordinance Red-lined
Attachment A - Proposed Ordinance
Proposed Resolution - Illegal Dumping
Exhibit 1 - FY2024-25 Proposed New Fees
Approved Resolution 2024-09-10-1601
Approved Ordinance 2024-09-10-1601
PPT - 16.1 - Illegal Dumping Ordinance
Note: A memo dated September 10, 2024 from the City Managers Office relating to agenda item 16.1 Adopt an ordinance amending title 8, to add chapter 8.104 to the Stockton municipal code regarding illegal dumping and a public hearing to adopt a resolution approving the amendment to the fiscal year 2024-25 fee schedule was distributed around the bench
Around The Bench Memo
Approve
Ordinance 2024-09-10-1601
amending Chapter 8 of the Stockton Municipal Code ("SMC") to adopt and add Chapter 8.104 regarding Illegal Dumping.
Approve
Resolution 2024-09-10-1601
approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to illegal dumping fines.
Authorizing the City Manager, or designee, to submit the approved ordinance and resolution to the San Joaquin County Civil Grand Jury, in response to Case No. 0519, Illegal Dumping: Talking Trash.
Authorizing the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Moved by
: Michael Blower, seconded by Kimberly Warmsley.
Vote
: Motion carried 6-0
Yes
: Michael Blower, Brando Villapudua, Michele Padilla, Susan Lenz, Kevin J Lincoln II, and Kimberly Warmsley.
Absent
: Daniel Wright.
17. CITY MANAGER’S UPDATE
None
18. COUNCIL COMMENTS
Vice Mayor Warmsley - Clean Energy Project; Ava Update; Police Department and officer update Councilmember Padilla - Weber’s Point, downtown Stockton; Kiki’s Chicken Councilmember Blower - thanked colleagues; illegal dumping ordinance; thanked Councilmember Villapudua, translation services
19. ADJOURNMENT - 7:09 PM
INFORMATIONAL ITEMS
1. 24-0852 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Informational item only. No action taken.
Legislation Text
Audit 2024-04-22
Audit 2024-07-08
CSC 2024-05-16
CSC 2024-06-20
Planning Commission 2024-04-25
Planning Commission 2024-06-13
Planning Commission 2024-06-27
KATHERINE ROLAND, CMC, CPMC
STOCKTON INTERIM CITY CLERK