Stockton City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent Meeting – August 20, 2024

No agenda document was available in the source materials; this summary is drawn from the official minutes and raw transcript. The closed session began at 3:30 PM and the regular session at 5:30 PM in the Council Chamber at City Hall, 425 N. El Dorado Street, Stockton. Councilmember Lenz participated by teleconference from a cruise ship en route to Iceland and Vice Mayor Warmsley participated by teleconference from Chicago. Mayor Lincoln and Councilmembers Blower, Villapudua, Padilla, Lenz, Warmsley, and Wright were present for the regular session. The meeting adjourned at 8:42 PM.

Closed Session Report

• In closed session, the City Council voted 6-0, with Vice Mayor Warmsley absent, to settle Aceves-Ballesteros v. The State of California, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2020-4848) for $162,500. City Attorney Lori Asuncion reported the action publicly.

Recognitions, Announcements, or Reports

• A certificate of recognition was presented to the founders of the American Desi Society: Virtu Arora, Sonia Walia, Vilas Patel, Naveen Patel, and Gurinder Dhatt. Speakers thanked the Council and described the society’s community work.
• A proclamation declared August 2024 as National Breastfeeding Month. Erin Garcia of Community Medical Centers accepted; she said the local 6-month breastfeeding rate is about 25%, below the Healthy People 2030 goal of 42%, and invited residents to a Sept. 6 celebration at Fremont Square Park.
• A proclamation declared August 4-10, 2024 as National Health Center Week. Christina Noguera, CEO of Community Medical Centers, accepted and thanked city and community partners.
• Pastor Gary Greeno of Horizon Christian Fellowship gave the invocation, and Councilmember Wright led the Pledge of Allegiance.

Public Comments – Matters Not on the Agenda

• Lisa Vela (CEO, San Joaquin County Hispanic Chamber of Commerce): praised city manager and economic development leadership in helping ethnic chambers and small businesses after the pandemic.
• Ralph White: alleged City Charter violations and misuse of public funds; urged council to follow the Charter.
• Leslie Edman (Executive Director, Central Valley Asian Chamber of Commerce): voiced support for City Manager Harry Black and economic development staff; stressed continuity and trust.
• Pat Barrett: criticized division on the council and what he called wasted tax dollars; urged council unity.
• Michael Huber: reported completion of 83 downtown facade projects using ARPA funds; thanked City Manager Black.
• Pandora Crowder: reported giving out 809 backpacks in 2024, up from 400 in 2023; thanked Councilmembers.
• Cynthia Gail Boyd: referenced the sentencing in the killing of Captain Max Fortuna; criticized city inaction on homeless encampments and expressed concern about the possibility of Christina Fugazi becoming mayor.
• Julie Dunning: urged council attention to ethics and a creed of conduct.
• Dan Richardson: raised a sewer smell on Pershing Avenue; thanked Stockton PD for increased traffic monitoring.
• Nate Knodt: spoke about Greyhound losing terminals, Stockton’s tree canopy, green transportation, warehouse regulation, and expanding arts and culture.
• Rhonda Rivera: requested a response to a California Public Records Act request and questioned closure of Empire Tract Road.
• Cheryl Bly-Chester (Rosewood Environmental Engineering): argued the Empire Tract Road closure violates ADA and CEQA mitigation measures and uses city funds for private security.
• Lueathel Seawood (reInvent South Stockton): supported the capacity-building program backed by City Manager Black.
• Jason Lee: thanked staff for National Night Out; criticized cell phone use during council meetings; urged additional language translation services.
• Carol Ornelas: praised housing progress since COVID, including new construction and housing for women fleeing domestic violence; cited a $70 million project.
• Kristin Birtwhistle (President/CEO, United Way San Joaquin County): praised City Manager Black and said he directed close to $30 million to nonprofits and close to $1 million to education/training programs.
• Jose Rodriguez (President/CEO, El Concilio): supported extending City Manager Black’s contract, citing pandemic-era partnerships.
• Ernelita Dacunos (Uplift All Foundation): expressed support for City Manager Black’s work with nonprofits serving the homeless.
• Denise Friday (CTF Incorporated): thanked Council for support of a backpack giveaway and criticized the mayor for not attending.
• Dionne Smith: criticized city finances, community violence, and mental health response; called for real change.
• Bobby Bivens (President, Stockton/San Joaquin NAACP): supported City Manager Black and credited him with post-bankruptcy stability and progress.

Consent Calendar

Public comment was received on consent items, including on the city manager agreement, the Community Workforce Training Agreement, the Grand Jury Report, and the Van Buskirk demolition. With items 12.1 and 12.3 considered separately, the Council approved the remaining consent calendar 7-0 on a motion by Councilmember Wright, seconded by Councilmember Blower.

Item 12.1 – Second Amended Employment Agreement for City Manager Harry E. Black

• The Council adopted Resolution 2024-08-20-1201 approving a Second Amended Employment Agreement for City Manager Harry E. Black, effective August 20, 2024; the Mayor was authorized to execute it and staff was directed to amend the salary schedule.
• Before the vote, the Council received the required oral summary under Government Code Section 54953(c)(3) listing the amended annual salary as $348,068 and increasing the city’s 401(a) retirement contribution from 12.5% to 17% of base salary.
• Many public speakers supported the renewal, including Bishop Dwight Williams, Christine Noguera, Joelle Gomez, Toni McNeil, Bobby Bivens, Shaquaya Jones, Bill Trezza, and Ralph White. Others raised concerns: Jason Lee criticized the compensation and benefits, Pat Barrett asked for more equitable distribution of nonprofit funding, and Julie Dunning questioned expense allowances.
• Vote: 6-1. Yes: Blower, Villapudua, Lenz, Lincoln, Warmsley, Wright. No: Padilla. Councilmember Padilla said she could not support a 12% salary increase while residents face economic strain.

Item 12.3 – Stockton Community Workforce Training Agreement Extension

• The Council approved Motion 2024-08-20-1203 extending the Community Workforce Training Agreement for five years and accepting the terms in Attachment C.
• Supporters, including representatives of the San Joaquin County Building Trades Council, NECA, and local union apprentices, said the agreement keeps work local, supports apprenticeship programs, and builds community wealth.
• Opponents, including Associated Builders and Contractors Northern California, Western Electrical Contractors Association, Coalition for Fair Employment in Construction, and a local contractor, called the agreement discriminatory, said it excludes about 80% of the construction workforce, and said no current audit or data had been provided.
• Vote: 6-1. Yes: Blower, Villapudua, Padilla, Lenz, Warmsley, Wright. No: Lincoln. Mayor Lincoln said he supports workforce development but objected to the process, citing a lack of follow-through through the legislative committee and a need for more transparency.

Other Consent Items

• The 7-0 consent block also included: the FY 2024-25 Internal Audit Program; acceptance of the 2023-24 San Joaquin County Civil Grand Jury Report and city responses; the Quarterly Investment Report for the quarter ended June 30, 2024; designation of Councilmember Wright and Vice Mayor Warmsley as League of California Cities delegates; rescission of the 1986 interpreter policy; the Ligurian Village financing agreement; wastewater rate hearing authorization; numerous construction, professional service, software, equipment, and emergency purchase contracts; and the FY 2023 Single Audit and independent auditors’ reports.
• Notable amounts in that block included $2,231,808.32 for police vehicle upfitting, $5,506,970 for 100 Ford Police Interceptor Utility Vehicles, $1,317,099.32 for generators and transfer switches, $1,059,884.81 for wastewater pond weed maintenance, and $775,000 in AB 109 funding for the Community Corrections Partnership.

Fireworks Task Force Presentation

• Informational only; no action taken. Fire Chief Richard Edwards and Assistant Fire Marshal Ryan Smart presented on enforcement, education, social host citations, and collaboration with police and code enforcement during the July 4 period.
• Public commenters: Pat Barrett called for banning fireworks; Esperanza Vielma highlighted a $600,000 San Joaquin Valley Air Pollution Control District pilot program for clean alternatives such as drone shows; Don Pascarella thanked the fire department and offered help with county administrative fines; Julie Dunning supported banning private fireworks, including safe-and-sane, citing air quality and asthma.
• Councilmember Wright said he was not ready to ban safe-and-sane fireworks because they provide nonprofit fundraising opportunities unless an alternative funding source is developed.

Complaint and Request for Censure Hearing

• The Council considered a complaint submitted by Councilmembers Blower and Villapudua against Councilmember Padilla, alleging violation of Council Policy 5.10 related to use of discretionary funds at a community event.
• City staff explained the Council Policy 4.08 censure process. At this initial stage, no evidence or argument was required; the uninvolved councilmembers needed to decide whether to let the process continue, and the process moves forward unless there is a unanimous vote to stop.
• Public comment was divided. Supporters of the censure request, including David Scatena and Andrew Abbott, alleged a pattern of ethics concerns and misuse of funds. Opponents, including Pat Barrett, Joey Veltri, Denise Veltri, Esperanza Vielma, and Dan Richardson, said the event was a good-faith community barbecue and called the proceeding a political attack. Jason Lee, who said he spoke at the event from the stage, argued other councilmembers had also attended political events and should be examined. Julie Dunning said censure was not listed as a remedy in the policy and asked the Council to read her written comments.
• Councilmember Padilla denied that the event was political, said she learned of the complaint from a reporter before receiving notice, and said the process was meant to silence her.
• Mayor Lincoln noted there was no motion to stop the process. He appointed Councilmember Wright and Councilmember Lenz, along with himself, to the Ad Hoc Council Committee to review the complaint and prepare a report and recommendation under Council Policy 4.08. No vote was taken.

Public Hearing – Lower Sacramento Road Underground Utility District

• Director of Public Works presented for the hearing. The proposed district runs along Lower Sacramento Road between Pixley Slough and Bear Creek, approximately 4,100 linear feet, and would allow PGE Rule 20A funds to be used to underground overhead utilities. Staff stated Stockton’s PGE allocation is approximately $4.8 million, the project cost is estimated at $4.1 million, and completion is anticipated in 2028 or 2029.
• No public comments were made.
• The Council adopted Resolution 2024-08-20-1601 establishing the district, approving CEQA Notice of Exemption No. NOE65-23, and authorizing the City Clerk to mail notice to affected property owners and utilities within 10 days.
• Vote: 6-0; Vice Mayor Warmsley was absent. Yes: Blower, Villapudua, Padilla, Lenz, Lincoln, Wright.

City Manager’s Update and Council Comments

• City Manager Harry Black thanked the Council for the contract action, said the past 4.5 years had been among the most productive of his career, and credited staff and community partnerships. He paraphrased a line from The Godfather about ships sailing in the same direction.
• Councilmember Padilla thanked nonprofits for backpack giveaways, asked staff to follow through on a CPRA request related to Empire Tract, and clarified that the Grand Jury report did not name individual councilmembers.
• Councilmember Wright asked staff to respond to Empire Tract Road commenters; thanked labor and business groups for their CWTA testimony.
• Councilmember Villapudua thanked the city manager, public safety staff, and families as students returned to school.
• Councilmember Blower highlighted recent community events: a new Market Street Garage mural, National Night Out, Robert Hong’s 100th birthday, Swenson Park fence ribbon cutting, the 65th anniversary of the Stockton-Shimizu sister city relationship, and the animal shelter’s Clear the Shelter event with more than 50 adoptions.