City Council and Concurrent Authorities
Regular MeetingStockton, CA · November 5, 2013
Minutes
City Council/Successor
City of Stockton Agency of the
Redevelopment
Agency/Public Financing
Authority Concurrent
Meeting Minutes - Final Agenda
City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority Concurrent
Anthony Silva, Mayor/Chair
Paul Canepa, Vice Mayor/Vice Chair (District 3)
Elbert H. Holman Jr. (District 1)
Katherine M. Miller (District 2)
Moses Zapien (District 4)
Dyane Burgos Medina (District 5)
Michael D. Tubbs (District 6)
Tuesday, November 5, 2013 4:00 PM Council Chamber, City Hall, 425 N El Dorado Street
Closed Session 4:00 | Regular Session 5:30
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
Present: 7 - Councilmember Burgos Medina,Councilmember Holman ,Councilmember
Miller,Councilmember Tubbs,Councilmember Zapien,Vice Mayor
Canepaand Mayor Silva
Present: 7- Councilmember Burgos Medina,Councilmember Holman
,Councilmember Miller,Councilmember Tubbs,Councilmember
Zapien,Vice Mayor Canepaand Mayor Silva
2. ADDITIONS TO CLOSED SESSION AGENDA
None.
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 13-0881 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Wells Fargo Bank v. City of Stockton (San
Joaquin County Superior Court Case No.
39-2012-00277662)
Name of Case: Wells Fargo Bank, National Association, as
Indenture Trustee v. City of Stockton (San
Joaquin County Superior Court Case No.
39-2012-00280741)
Name of Case: In re City of Stockton, California - Debtor
(United States Bankruptcy Court, Eastern
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the Redevelopment Agency/Public
Financing Authority Concurrent
District of California Case No. 2012-32118)
Name of Case: Richard Price, et al. v. City of Stockton,
Redevelopment Agency, et al. (United States
District Court, Eastern District Case No.
CIV.S-02-0065 LKK JFM)
This Closed Session is authorized pursuant to Section 54956.9(a) of
the Government Code.
3.2 13-0882 CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Interim City Manager Kurt Wilson
Employee Organizations: Unrepresented Units, Stockton City
Employees’ Association, Operating Engineer’s Local 3,
Mid-Management/Supervisory Level Unit, Unrepresented
Management/Confidential, Law Department, Stockton Police
Management Association, Stockton Firefighters Local 456 International
Association of Firefighters, Stockton Fire Management, Stockton
Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to Section 54957.6(a) of
the Government Code.
3.3 13-0883 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Number of Cases: Three
Based on existing facts and circumstances, there is significant
exposure to litigation pursuant to Government Code Section
54956.9(b).
3.4 13-0884 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF
LITIGATION
Number of Cases: Two
Based on existing facts and circumstances, there is significant
exposure to litigation pursuant to Government Code Section
54956.9(c).
3.5 13-0885
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Mayor Anthony Silva
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the Redevelopment Agency/Public
Financing Authority Concurrent
City Manager
This Closed Session is authorized pursuant to Section 54957.6(a) of
the Government Code.
3.6 13-0888 PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
This Closed Session is authorized pursuant to Government Code
Section 54957.
4. PUBLIC COMMENT*
Tocan Nguyen - shared her personal political views.
5. RECESS TO CLOSED SESSION
The Council recessed to Closed Session at 4:34 p.m. Council returned from Closed
Session at 6:15 p.m.
Meeting went into Recess
Meeting Reconvened at 6:17 p.m.
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
Present: 7 - Councilmember Burgos Medina,Councilmember Holman ,Councilmember
Miller,Councilmember Tubbs,Councilmember Zapien,Vice Mayor
Canepaand Mayor Silva
Present: 7- Councilmember Burgos Medina,Councilmember Holman
,Councilmember Miller,Councilmember Tubbs,Councilmember
Zapien,Vice Mayor Canepaand Mayor Silva
7. INVOCATION/PLEDGE TO FLAG
Pastor Curtis Smith of Destiny Christian Center provided the Invocation. The Pledge
of Allegiance was led by Vice Mayor Canepa.
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
City Attorney John M. Luebberke announced that there was no reportable action
taken during Closed Session this evening.
9. ADDITIONS TO REGULAR SESSION AGENDA**
None.
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Financing Authority Concurrent
10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS
10.1 CERTIFICATE OF RECOGNITION: Outstanding Citizen
RECIPIENT: Jason Gonzalez
10.2 CERTIFICATE OF RECOGNITION: Veteran Forever
RECIPIENTS: Walter Clay, Walter Compton, Jr, Larry R. Guy, Pastor John L. Easter
10.3 PROCLAMATION: Delta Flood Preparedness Week November 4th-9th 2013
RECIPIENT: Councilmember Kathy Miller
10.4 PROCLAMATION: Homeless Youth Awareness and Runaway Prevention Month
RECIPIENT: Kathleen Serna
10.5 PROCLAMATION: Native American Heritage Month
RECIPIENT: Richard Windfeather Muniz and Geralidine S. Muniz
11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS*
Tocan Nguyen - Shared personal political views
Gwendolyn Primous - Would like to see more participation in support for Dome of
Hope event Sunday November 10
Vincent Sayles - Informed Council of November to remember; shared personal
religious views
Paul Perez, Community Partnership of San Joaquin - Thanked Stockton City Council
for collaboration and support for free family movie night
Kenya Hernandez, Community Partnership of San Joaquin - Hoped to continue
partership with Stockton City Council for upcoming events
Courtney Baldwin, Community Partnership of San Joaquin - Presented Certificate of
Appreciation to Stockton City Council
David May - Spoke on behalf of H.O.P.E. Charity
Glenn Jose - Grand opening of Homeless Veteran Housing; November 9 Civic
Auditorium to pass out turkeys
Janet Kim - Sidewalks need to be fixed at Acacia and San Joaquin, Hammer Ranch
at Carls Jr., and there are no beeps at the signal lights at Pacific and Ben Holt to
assist the visually impaired when crossing the street
Minh Tran was called to speak
12. CONSENT AGENDA
A motion was made by Vice Mayor Canepa, seconded by Councilmember
Miller, that this be Follow up Completed. The motion carried by the following
vote:
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the Redevelopment Agency/Public
Financing Authority Concurrent
Aye: 7- Burgos Medina, Holman, Miller, Tubbs, Zapien, Canepa and Silva
12.1 13-0825 AMENDMENT TO THE CURRENT AGREEMENT WITH DAMERON
HOSPITAL ASSOCIATION TO PROVIDE OCCUPATIONAL HEALTH
SERVICES
RECOMMENDATION
It is recommended that the City Council authorize by motion the City
Manager to exercise the option to renew and amend its current
agreement, including the Scope of Services and Fee Schedule, with
Dameron Hospital Association (Dameron), for up to two one-year
periods, not to exceed seven (7) years. This will facilitate continued
provision of various recurring occupational health services.
Attachments: Attachment A - Original Agreement
Attachment B - Letter Requesting Continued Services
Attachment C - First Amendment to Agreement
12.2 13-0866 CONVEYANCE OF REAL PROPERTY TO THE STATE OF
CALIFORNIA AND BALANCING OF ACCOUNTS FOR THE ARCH
ROAD/STATE ROUTE 99 INTERCHANGE RECONSTRUCTION
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing
the City Manager to convey Real Property acquired by the City for the
Arch Road/State Route 99 Interchange Reconstruction Project
(project) to the State of California (Caltrans), and authorizing the City
Manager to appropriate $85,000 from the Regional Transportation
Impact Fee (RTIF) fund to pay associated costs and balance the
project account. It is further recommended that the resolution
authorize the City Manager to take appropriate actions to carry out the
purpose and intent of this resolution.
Attachments: Attachment A - Vicinity Map
Attachment B - Parcel Summary Maps
Resolution
Exhibit 1
Exhibit 2
12.3 13-0869 ESTABLISHMENT OF A COUNCIL AD-HOC COMMITTEE ON
WORKFORCE DIVERSITY
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the Redevelopment Agency/Public
Financing Authority Concurrent
RECOMMENDATION
It is recommended that the Council adopt a resolution establishing an
Ad-Hoc Committee on Workforce Diversity of the Council to serve in
an advisory capacity and review progress on the efforts toward
achieving the goals of the City’s Equal Employment Opportunity Plan
(EEOP).
Attachments: Resolution - Diversity Ad-Hoc Committee
12.4 13-0887 AGREEMENT FOR SUPPLEMENTAL POLICE SERVICES -
HOUSING AUTHORITY OF THE COUNTY OF SAN JOAQUIN
RECOMMENDATION
It is recommended the City Council by motion approve a five-year
Agreement for Supplemental Police Services between the Housing
Authority of the County of San Joaquin and the City of Stockton, as
part of the Housing Authority's Public Housing Drug Elimination
Program.
Attachments: Attachment A - Agreement for Supplemental Contract Police
Services
12.5 13-0904 APPOINTMENT OF INTERIM CITY MANAGER
RECOMMENDATION
It is recommended that the City Council adopt a resolution affirming
the appointment of Kurt Wilson as interim City Manager and clarifying
the terms of the appointment.
Attachments: Resolution - Interim City Manager
12.6 13-0902 APPROVAL OF MINUTES
RECOMMENDATION
Approval of minutes from the regular City Council meetings of
September 24, 2013; and, October 8, 2013; and Special City Council
meeting of October 3, 2013.
Attachments: Council Meeting Minutes of September 24, 2013
Council Meeting Minutes of October 8, 2013
Special Council Meeting Minutes of October 3, 2013
13. ADMINISTRATIVE MATTERS
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the Redevelopment Agency/Public
Financing Authority Concurrent
14. UNFINISHED BUSINESS
None.
15. NEW BUSINESS
None.
16. HEARINGS***
16.1 13-0891 ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL
CODE, TITLE 11, CHAPTER 11.32, DOWNTOWN PROMOTIONAL
BANNER FRANCHISE
RECOMMENDATION
It is recommended that the City adopt an ordinance amending the
Stockton Municipal Code, Title 11, Chapter 11.32, Downtown
Promotional Banner Franchise.
Attachments: Attachment A - Ordinance 030-08 C.S.
Attachment B - Resolution No. 07-0447
Attachment C - Sample Artwork
Attachment D - Redline Version Ordinance
Ordinance - Banner Franchise Amendment
Affidavits of posting, mailing and/or publication were filed in the office of the City
Clerk.
Janet Kim - Spoke to public art in various cities
Kathy Miller - Disclosed that she no longer has connection with the Downtown
Stockton Alliance
A motion was made by Councilmember Burgos Medina, seconded by
Councilmember Holman , that this Public Hearing be Free Form . The motion
carried by the following vote:
Aye: 7- Burgos Medina, Holman, Miller, Tubbs, Zapien, Canepa and Silva
17. COUNCIL COMMENTS
None
18. ADJOURNMENT
Note
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the Redevelopment Agency/Public
Financing Authority Concurrent
Note
2013-11-05 Council meeting minutes approved by Council on December 3, 2013
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Agenda
City Council/Successor
City of Stockton Agency of the
Redevelopment
Agency/Public Financing
Authority Concurrent
Meeting Agenda - Final Agenda
City Council
Anthony Silva, Mayor/Chair
Paul Canepa, Vice Mayor/Vice Chair (District 3)
Elbert H. Holman Jr. (District 1)
Katherine M. Miller (District 2)
Moses Zapien (District 4)
Dyane Medina (District 5)
Michael D. Tubbs (District 6)
Tuesday, November 5, 2013 4:00 PM Council Chamber, City Hall, 425 N El Dorado
Street
Closed Session 4:00 | Regular Session 5:30
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 13-0881 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Four
Name of Case: Wells Fargo Bank v. City of Stockton (San
Joaquin County Superior Court Case No.
39-2012-00277662)
Name of Case: Wells Fargo Bank, National Association, as
Indenture Trustee v. City of Stockton (San
Joaquin County Superior Court Case No.
39-2012-00280741)
Name of Case: In re City of Stockton, California - Debtor (United
States Bankruptcy Court, Eastern District of
California Case No. 2012-32118)
Name of Case: Richard Price, et al. v. City of Stockton,
Redevelopment Agency, et al. (United States
District Court, Eastern District Case No.
CIV.S-02-0065 LKK JFM)
This Closed Session is authorized pursuant to Section 54956.9(a) of the
Government Code.
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City Council Meeting Agenda - Final November 5, 2013
Department: City Attorney
3.2 13-0882 CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Interim City Manager Kurt Wilson
Employee Organizations: Unrepresented Units, Stockton City
Employees’ Association, Operating Engineer’s Local 3,
Mid-Management/Supervisory Level Unit, Unrepresented
Management/Confidential, Law Department, Stockton Police
Management Association, Stockton Firefighters Local 456 International
Association of Firefighters, Stockton Fire Management, Stockton Police
Officers’ Association (SPOA)
This Closed Session is authorized pursuant to Section 54957.6(a) of the
Government Code.
Department: City Attorney
3.3 13-0883 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION
Number of Cases: Three
Based on existing facts and circumstances, there is significant exposure
to litigation pursuant to Government Code Section 54956.9(b).
Department: City Attorney
3.4 13-0884 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF
LITIGATION
Number of Cases: Two
Based on existing facts and circumstances, there is significant exposure
to litigation pursuant to Government Code Section 54956.9(c).
Department: City Attorney
3.5 13-0885
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Mayor Anthony Silva
City Manager
This Closed Session is authorized pursuant to Section 54957.6(a) of the
Government Code.
Department: City Attorney
3.6 13-0888 PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
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City Council Meeting Agenda - Final November 5, 2013
This Closed Session is authorized pursuant to Government Code
Section 54957.
Department: City Attorney
4. PUBLIC COMMENT*
*Citizens may comment on any subject within the jurisdiction of the City
Council/Successor Agency to the Redevelopment Agency, including items on the
Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to
Speak” cards to the City Clerk, and be prepared to speak when called. No speaker
cards will be received after the close of the Citizen’s Comments portion of the meeting .
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA**
**Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members
of the City Council present at the meeting to take immediate action, with either a
two-thirds or unanimous vote, to place an item on the agenda that action must be taken
and that the item came to the attention of the City subsequent to the agenda being
posted.
10. PROCLAMATIONS, COMMENDATIONS, OR INVITATIONS
11. CITIZENS’ COMMENTS, ANNOUNCEMENTS, OR INVITATIONS*
*Citizens may comment on any subject within the jurisdiction of the City
Council/Successor Agency to the Redevelopment Agency, including items on the
Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to
Speak” cards to the City Clerk, and be prepared to speak when called. No speaker
cards will be received after the close of the Citizen’s Comments portion of the meeting .
12. CONSENT AGENDA
12.1 13-0825 AMENDMENT TO THE CURRENT AGREEMENT WITH DAMERON
HOSPITAL ASSOCIATION TO PROVIDE OCCUPATIONAL HEALTH
SERVICES
RECOMMENDATION
It is recommended that the City Council authorize by motion the City
Manager to exercise the option to renew and amend its current
agreement, including the Scope of Services and Fee Schedule, with
Dameron Hospital Association (Dameron), for up to two one-year
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City Council Meeting Agenda - Final November 5, 2013
periods, not to exceed seven (7) years. This will facilitate continued
provision of various recurring occupational health services.
Department: Human Resources
12.2 13-0866 CONVEYANCE OF REAL PROPERTY TO THE STATE OF
CALIFORNIA AND BALANCING OF ACCOUNTS FOR THE ARCH
ROAD/STATE ROUTE 99 INTERCHANGE RECONSTRUCTION
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing
the City Manager to convey Real Property acquired by the City for the
Arch Road/State Route 99 Interchange Reconstruction Project (project)
to the State of California (Caltrans), and authorizing the City Manager to
appropriate $85,000 from the Regional Transportation Impact Fee
(RTIF) fund to pay associated costs and balance the project account. It
is further recommended that the resolution authorize the City Manager
to take appropriate actions to carry out the purpose and intent of this
resolution.
Department: Public Works
12.3 13-0869 ESTABLISHMENT OF A COUNCIL AD-HOC COMMITTEE ON
WORKFORCE DIVERSITY
RECOMMENDATION
It is recommended that the Council adopt a resolution establishing an
Ad-Hoc Committee on Workforce Diversity of the Council to serve in an
advisory capacity and review progress on the efforts toward achieving
the goals of the City’s Equal Employment Opportunity Plan (EEOP).
Department: Human Resources
12.4 13-0887 AGREEMENT FOR SUPPLEMENTAL POLICE SERVICES - HOUSING
AUTHORITY OF THE COUNTY OF SAN JOAQUIN
RECOMMENDATION
It is recommended the City Council by motion approve a five-year
Agreement for Supplemental Police Services between the Housing
Authority of the County of San Joaquin and the City of Stockton, as part
of the Housing Authority's Public Housing Drug Elimination Program.
Department: Police
12.5 13-0904 APPOINTMENT OF INTERIM CITY MANAGER
RECOMMENDATION
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City Council Meeting Agenda - Final November 5, 2013
It is recommended that the City Council adopt a resolution affirming the
appointment of Kurt Wilson as interim City Manager and clarifying the
terms of the appointment.
Department: City Manager
12.6 13-0902 APPROVAL OF MINUTES
RECOMMENDATION
Approval of minutes from the regular City Council meetings of
September 24, 2013; and, October 8, 2013; and Special City Council
meeting of October 3, 2013.
Department: City Clerk
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
16. HEARINGS***
***Speakers should hold comments on items listed as a Hearing until the Hearing is
opened. If a large number of people desire to speak at a Hearing, the Mayor/Chair may
reduce the amount of time allocated to each speaker to three (3) minutes.
16.1 13-0891 ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE,
TITLE 11, CHAPTER 11.32, DOWNTOWN PROMOTIONAL BANNER
FRANCHISE
RECOMMENDATION
It is recommended that the City adopt an ordinance amending the
Stockton Municipal Code, Title 11, Chapter 11.32, Downtown
Promotional Banner Franchise.
Department: Economic Development
17. COUNCIL COMMENTS
18. ADJOURNMENT
INFORMATIONAL ITEMS
All proceedings before the City Council/Successor Agency to the Redevelopment
Agency/Public Financing Authority are conducted in English. The City of Stockton does
not furnish interpreters and, if one is needed, it shall be the responsibility of the person
needing one. In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in the meetings of the City Council/ Successor Agency to the
Redevelopment Agency/Public Financing Authority, please contact the Office of the City
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City Council Meeting Agenda - Final November 5, 2013
Clerk at (209) 937-8459 at least 48 hours prior to the meeting to enable the City/Agency
to make reasonable arrangements to ensure accessibility.
Any writings or documents provided to a majority of the City Council regarding any item
on this agenda will be made available for public inspection at the Office of the City Clerk
located at 425 North El Dorado Street, Stockton, California 95202 during normal
business hours or by calling (209) 937-8459. The Agenda is available on the City of
Stockton Website: www.stocktongov.com
CHALLENGING CITY DECISIONS:The time limit within which to commence any
lawsuit or legal challenge to any quasi-adjudicative decision made by the City is
governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation
period is specified by any other provision. Under Section 1094.6, any lawsuit or legal
challenge to any quasi-adjudicative decision made by the City must be filed no later
than the 90th day following the date on which such decision becomes final. Any lawsuit
or legal challenge, which is not filed within that 90-day period, will be barred.
If a person wishes to challenge the nature of the above section in court, they may be
limited to raising only those issues they or someone else raised at the meeting
described in this notice, or in written correspondence delivered to the City of Stockton,
at or prior to the meeting. In addition, judicial challenge may be limited or barred where
the interest
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