MINUTES
CONCURRENT CITY COUNCIL/
REDEVELOPMENT AGENCY
FEBRUARY 17, 2004
CITY HALL
CITY COUNCIL CHAMBERS
STOCKTON, CALIFORNIA


 
C-1. CC/RD CALL TO ORDER / ROLL CALL - 4:45 p.m.
 
 
C-2. CC/RD ANNOUNCEMENT OF CLOSED SESSION - 4:45 p.m.

 
 
 
 
 
***This item was pulled from the agenda.
 
C-3. CC/RD ADJOURN TO CLOSED SESSION
 
Returned from closed session and recessed at 4:50 P.M.
THE FOLLOWING ITEMS WILL COMMENCE NO SOONER THAN 5:30 P.M.:
The Council/Agency reconvened at 5:30 p.m. with all members present.

Roll Call
Present:  
Podesto, Mayor
Nomura, Vice-Mayor
Ruhstaller, Councilmember
Nickerson, Councilmember
Martin, Councilmember
Giovanetti, Councilmember
Bestolarides, Councilmember

 
 
Roll Call (05:31 PM)
Present:  
Podesto, Mayor
Nomura, Vice-Mayor
Ruhstaller, Councilmember
Nickerson, Councilmember
Martin, Councilmember
Giovanetti, Councilmember
Bestolarides, Councilmember

 
 
None
 
 
 
 
 
 
 
 
 
 
Presented by Councilmember Giovanetti for the Snow Storm at the Children's Museum, to: Family Resource and Referral, Americorps, Bear Valley, Mr. Trucker Trucking Company, Expert Landscaping, California Youth Authority, Human Services Agency, Health Plan of San Joaquin, and Holt Brothers
 
 
 
 
Said there was an epidemic last week in the City of street peddlers and street vendors selling gift items, flowers, balloons, and candy for Valentine’s Day. She said she and Councilmember Ruhstaller have frequently complained that this does not support the local business economy and how the City is condoning an underground economy because individuals who set up retail operations on the front lawns and street side curbs, etc., are getting away with paying only a peddlers fee to the City. She said those individuals are not responsible business owners as their sales are mostly in cash and pay no sales tax and don’t support the local economy. She encouraged the Council to direct one of the legislative committees to discuss the issue in terms of restricting or prohibiting that kind of peddling within the City as other cities have done. She said the issue is a proliferation of entrepreneurs that should be controlled in the future.

Councilmember Martin stated that the Legislative and Environmental Council Committee (ECC) has asked the City Attorney’s office to look up the ordinances and research what the City’s ability is in terms of putting a halt to that issue. She believes the amount of gifts on front lawns was of concern. She said she is concerned because legitimate business owners who follow the proper procedures to open a business are hindered by those who sell from their front lawns and who do not pay sales and business taxes. She said the plan of the ECC is to intervene before the Easter holiday season.

Mayor Podesto commented that this is the first year he has seen so many sales from front porches and believes that someone may be contracting on consignment with those individuals. He would like to get to the source of that and find out whether those individuals have permits and a license.

Councilmember Martin said that was her concern because all the items at the homes seemed to be the same and there may be a “bigger fish to fry.” She said the Committee wants to put a stop to that issue very soon.

 
 
She is the Executive Director of APSARA and a member of People And Congregations Together (PACT) which is a federation of 24 churches and community organizations with a collective membership of 19,000 residents within San Joaquin County and is affiliated with the Pacific Institute for Community Organization (PICO). She said PICO is working nationally with fifteen organizing projects in seventeen states. She introduced Pastor Ingram.

 
 
Said he is the Pastor of Lifeseed Fellowship in Stockton and a member of PACT. He said their goal is to listen to families to discover common concerns that can bring people together and then work on researching solutions and take action. He said they began a listening campaign this year with the families so that their voices and concerns would be heard as the City holds elections this year and as the current Council makes key decisions on the difficult issues families face. He said they named the effort the PACT Community Voices Campaign because it provides a platform to express the concerns of the average Stockton family. He complimented the Council for their accomplishments with the redevelopment of downtown Stockton but noted that the following issues still need to be addressed: spiraling housing and rental costs, affordable housing, the City’s increasing crime rate, improved community oriented policing, the County’s unemployment rate, and low scale jobs. He said the City must attract better paying positions and the minority population ratio is not reflected in City and County positions and racism continues to be a problem in the workforce and in schools. He said they look forward to working with the Council and providing community feedback as the Council works towards resolving the issues.

 
 
Announced that as part of their Community Voices campaign the following three community meetings would be held:
• February 21, at 11:00 a.m., St. Mary’s Church, 203 E. Washington Street;
• Mayoral Candidates Night, February 23, at 7:00 p.m., Life Seed Church, corner of El Dorado and Fulton Streets;
• South Stockton Candidates Night, February 26, at 7:00 p.m., Trinity Presbyterian Church, 1002 West Eighth Street.

 
 
Said she is not happy to see the Asian community members showing up only once a year to express their concerns and needs. She recounted prior accusations of criminal activity in politics.
Podesto, Mayor Left the Meeting at 05:57 PM
Podesto, Mayor Joined the Meeting at 05:58 PM
 
 
Expressed that what is happening in the County doesn’t really affect the City, but he was hurt by the conclusion in the Baxter Dunn case regarding the death of an inmate in the County jail. He said the publicity of that case negatively impacts the City as a whole. In reference to the selection of the Grand Jury in that case, he said there were only eight Blacks out of about 40 individuals who showed up for jury selection. He criticized the conduct of the County officials involved in that case and believes something has to be done about the injustices occurring.

Mayor Podesto requested that the City Manager make available to the Council, the information from both the Grand Jury and from the D.A.’s office regarding the issues Mr. Hailey referred to.

 
 
With the Concerned Citizens Coalition of Stockton stated that after two years of research, production and editing, Sitow and Kaufman Productions of Berkeley, has completed a one-hour documentary called Thirst. The film is about global water privatization and features stories about communities in Bolivia, India, and Stockton, which in the end became the central story. A special Stockton premier of the film, sponsored by the Harold List Jacoby Center for Community and Regional Studies at the University of Pacific, will be held on February 21st. The event, for invited guests and the college community, will begin with the screening at UOP’s new Pacific Theater in the McCaffrey Center at 12:30 p.m., followed by a discussion with special guests and a reception and a second public screening will follow at 3:30 p.m. which will be open to the public and free of charge. The final version of the film will be released nationally in the Spring.

She announced that the Concerned Citizens Coalition is holding a pancake breakfast on Saturday, February 21, from 8:00 a.m.-12:00 at the First Unitarian Church, 2739 Pacific Avenue, for the cost of $5/adults, $2/children under 10 years old.

Councilmember Ruhstaller stated that he received a letter from the production Company.

 
 
Said she is a member of the steering committee of the Concerned Citizens but is also speaking for herself. She is both concerned and confused over an announcement she heard at 11 p.m. on the Channel 3 News by a gentlemen who had the sketches of the Downtown Events Center and announced that in 2005 baseball would be played there. She said she did not realize that the Center was a “fait accompli,” and is puzzled since the courts have nullified the contract between the City and OMI-Thames and the matter regarding Municipal Utilities and the privatizing of the water issue. She said she is confused and compared the Events Center matter to that of the Municipal Utilities issue, where the people should have a vote as to whether or not to proceed.

Ms. Meyer referenced a news article in the Record in which the Mayor indicated that he was considering adding a quarter or one-half cent sales tax by the November 2004 election, for the purpose of having more financing for Police and Fire services. She said Police and Fire have not had their budgets reduced like many other departments and noted that the public library would be 125 years old next year. She said she would like to know whether the Events Center would happen without a vote of the people as the cost is so great and questioned why baseball couldn’t continue to be played in Hebert Field until the City has enough money to put into roads and other things that people have been asking for. She questioned where the money would come from to begin the project and said she heard that some of that money was taken from the development fees that were originally designated for the Library. She said she hopes that at the March 2nd Council meeting, the Mayor does not instruct the City Manager to proceed on the next step to do whatever needs to be done to make the total Events Center a reality, as it is a night that many would not be watching.

Mayor Podesto stated that the person Ms. Meyer referred to on the news is John Katz, General Manager of the Stockton Ports, who was speaking optimistically about playing in April of 2005, if the Council approves the project on March 2. He said people who go vote can do so and still attend the Council meeting. In reference to the sales tax, he clarified that he did not say he was considering a quarter cent sales tax increase, but said that the developers were looking at bringing forth a quarter-cent tax and he was non-committed on that issue.

 
 
Note: Items 6.03, 6.04, 6.18 were removed from consent calendar and heard as Items 7.01, 7.02 and 7.03 respectively
Item 6.05 and 6.06, Councilmember Ruhstaller stated that these items have to do with studying the water quality, Smith Canal, and some of the other urban waterways. They met with representatives of Friends of Smith Canal and San Joaquin County Board Supervisor Steve Gutierrez because there was some misapprehension and miscommunication on what the City was doing to clean that waterway and said they would be moving forward on studying the waterways and then would move onto the next phase which would be how to mitigate and clean them up.
Item 6.07, Councilmember Bestolarides said he is concerned whether Mr. Zamora’s group was considered in the bidding and would be hard pressed to find that he would not want an opportunity to bid.

Mayor Podesto commented that most of the local businesses prefer not to bid on government issues because of the requirements.

Item 6.11, Councilmember Bestolarides stated he would not vote on this item due to a potential Conflict of Interest.
Item 6.19, Councilmember Bestolarides questioned whether Mr. Lewis, and Mayor Podesto should consider listening to the tape first before approving the minutes.

Mayor Podesto said he believes the minutes accurately represent what occurred because the minutes do not commit anyone and there was consensus. He explained that Councilmember Bestolarides is questioning whether there was consensus in the Joint City Council and Planning Commission meeting, as the minutes state, on the items below.

Clerk Meissner stated either a verbatim or an audio tape can be provided.

This Item was deferred to the next meeting.

 
6.01) CC Appoint MARSHA CARTER and WILLIAM WILSON to the Stockton Arts Commission for a term commencing February 23 and terminating October 31, 2006 (Carter) and for a term commencing February 23 and terminating

October 31, 2004 (Wilson). (MAYOR)

(Pages 1-20)

 
Council Resolution 04-0075
 
6.02) CC Schedule interviews for one vacancy on the Stockton Port Commission at a Special Council meeting on Tuesday, February 24, 2004, to begin at 4:20 p.m. (CM)

(Page 21)

 
Motion to schedule Special Council meeting
 
6.03) CC Approve recognizing the Vietnamese American Heritage and Freedom Flag, the official flag of the Vietnamese-American community in Stockton. (CM)
(Pages 22-24) City Clerk to follow up

 
This item was heard as Agenda Item 7.01 under New Business
 
6.04) CC Accept ECONOMIC RESEARCH ASSOCIATES February 16, 2004 Stockton Arena Report. (CM)
 
This item was heard as Agenda Item 7.02 under New Business
 
6.05) CC Authorize execution of an amendment to the Master Geotechnical and Testing Services Contract for Hazardous Materials Investigation and Testing with CONDOR EARTH TECHNOLOGIES, INC., in the amount of $97,616 for the preparation of a Pesticide Work Plan, Pathogen Work Plan, and a Low Dissolved Oxygen Work Plan as required by the City’s Stormwater NPDES Permit. (MUD)

(Pages 28-45)

 
Council Resolution 04-0076
 
6.06) CC Authorize execution of an amendment to the Master Geotechnical and Testing Services for Hazardous Materials Investigations and Testing with CONDOR EARTH TECHNOLOGIES, INC. in the amount of $87,871.95 to conduct Water Quality Monitoring in the Smith Canal Drainage Area as required by the City’s Storm Water NPDES Permit (Order No. R5-2002-0181). (MUD)

(Pages 46-55)

 
Council Resolution 04-0077
 
6.07) CC Approve findings and authorize the purchase of five (5) Compact Hybrid Electric Automobiles through the STATE OF CALIFORNIA Department of General Services Procurement Division from ROSEVILLE TOYOTA in the amount of $107,342.99 (PUR 04-05) (one for Code Enforcement, one for MUD Engineering, one for Public Works Solid Waste, and two for Community Health Action Team). (PW)

(Pages 56-58)

 
Council Resolution 04-0078
 
6.08) CC Accept the completed public improvements for maintenance by the City of Stockton for TRINITY PARKWAY-Traffic Signals located at Trinity Parkway/Scott Creek Drive, Trinity Parkway/Commercial Access, and Trinity Parkway/Cosumnes Drive. (PW)

(Pages 59-61)

 
Council Resolution 04-0079
 
6.09) CC Authorize execution of an agreement with SAN JOAQUIN COUNTY to maintain the traffic signal at the intersection of Eighth Street/B Street. (PW)

(Pages 62-66)

 
Council Resolution 04-0080
 
6.10) CC Authorize execution of amendments to the SUNRISE SANITATION, INC. and USA WASTE OF CALIFORNIA, INC. (Stockton Scavengers) Collection Services Agreements effective June 1, 2004 as follows:
 
 
1. Defines the food waste items Sunrise and Stockton Scavengers will collect with green waste beginning June 1, 2004 and additional food waste items they will collect June 1, 2006 and thereafter.
 
 
2. Establishes that Sunrise and Stockton Scavengers will deliver 30 gallon garbage carts to current 30 gallon can and cart users who don’t select a garbage cart size and 60 gallon carts to 90 gallon garbage carts users who don’t select a garbage cart size.
 
Council Resolution 04-0081
 
3. Requires Sunrise and Stockton Scavengers to provide a sixth free garbage and recycling community cleanup event to be determined by the City (five are required now).

(PW)

(Pages 67-69)

 
Council Resolution 04-0082
 
6.11) CC Authorize execution of a reimbursement agreement for acquisition of parkland and construction of street improvements (MISASI PARK located in the southeasterly part of the City) and appropriate any necessary funds and take any future actions deemed necessary to carry out the intent of the agreement. (P&R)

(Pages 70-91)
 
Council Resolution 04-0083
 
6.12) CC Authorize execution of the renewal of a two-year contract with OPTIONS, Employee Assistance Program of San Joaquin County, to provide preventive mental health services, including payment to Options for month-to-month services. (HR)

(Pages 92-103)

 
Council Resolution 04-0084
 
6.13) CC RNH PROPERTIES SETTLEMENT

 
 
a) Approve the settlement of the eminent domain action of City of Stockton v. RNH Properties (No. CV17149) for $212,500; and,
 
Council Resolution 04-0085
 
b) Approve the open market negotiated purchase of real property located at 247 W. Fremont Street (APN 137-204-16) owned by RNH Properties, for $45,000. (CA)

(Pages 104-105)

 
Council Resolution 04-0086
 
6.14) CC Authorize a HOME Residential Reconstruction Loan to JUANITA OLIVAS for the property located at 226 Visalia Court, in the amount of $137,300; and, direct the City Manager to take whatever actions are necessary and appropriate to carry out the intent of this action. (H&RD)

(Pages 106-121)

 
Council Resolution 04-0087
 
6.15) CC Authorize acquisition of real property located at 423 W. Fremont Street and execution of the agreements and related documents as required - SCHIMKE Property. (H&RD)

(Pages 122-133)

 
Council Resolution 04-0088
 
6.16) CC KELLEY DRIVE AND CARRINGTON CIRCLE CHILD CARE FACILITIES
 
 
a) Authorize execution of amendments to the loan terms of previously-approved loans to ACLC, INC. for feasibility studies and land acquisition/construction costs (Kelley Drive); and,
 
Council Resolution 04-0089
 
b) Authorize execution of amendments to the loan terms of previously-approved loans to ACLC, INC. for feasibility studies and land acquisition/construction costs (Carrington Circle). (H&RD)

(Pages 134-183)

 
Council Resolution 04-0090
 
6.17) CC Authorize the donation of a street and highway easement and temporary construction easement as required for the El Dorado Street Widening Phase 1 Project from Bianchi Road to Yokuts Avenue (Project No. 01-13) and the March Lane and El Dorado Street Intersection Improvements Project (Project No.

01-12). (H&RD)

(Pages 184-187)

 
Council Resolution 04-0091
 
6.18) CC Approve abandoning portions of Lindsay, Commerce, Madison, Monroe, and Van Buren Streets for the Stockton Events Center Project. (H&RD)
 
This item was heard as Agenda Item 7.03 under New Business
 
6.19) CC Approval of Minutes of special joint City Council/Planning Commission meeting held January 14, special Council goal setting session meeting held January 27, and special Council meeting held January 27, 2004. (CC)
 
This item was deferred to the meeting of February 24, 2004.
 
6.20) CC/ ACLC, INC - DIAMOND COVE II ASSOCIATES PROJECT

RD City Council Action

Approve the Assignment of ACLC, INC.’s $53,200 HOME-funded loan and

$802,300 CDBG-funded loan to DIAMOND COVE II ASSOCIATES, INC., a California limited partnership, and approve the assumption of those loans by Diamond Cove II Associates for the second phase of the Carrington Circle Diamond Cove project; approve the subordination of the City loans to a WELLS FARGO BANK construction loan and a future permanent financing loan; and, approve a CDBG-funded loan in the amount of $120,000 to Diamond Cove II Associates for building permit and school tax fees.

Redevelopment Agency Action

Approve the assignment of both ACLC, INC.’s $34,800 and $620,000 Redevelopment Agency-funded loans to Diamond Cove II Associates, a California limited partnership, and approve the assumption of those loans by Diamond Cove II Associates, a California limited partnership, for the second phase of the Carrington Circle Diamond Cove project; and, approve the subordination of the Agency loans to a WELLS FARGO BANK construction loan and a future permanent financing loan. (H&RD)

(Pages 217-237)

 
Council Resolution 04-0092
Redevelopment Resolution R04-004
Motion: Approve 6. CC/RD CONSENT AGENDA
City Council: 6.01, 6.02, 6.03*, 6.04*, 6.05, 6.06, 6.07, 6.08, 6.09, 6.10, 6.11***, 6.12, 6.13, 6.14, 6.15, 6.16, 6.17, 6.18*, 16.19**, 6.20
Redevelopment Agency: 6.20

*Note: Items 6.03, 6.04 and 6.18 were removed from consent calendar and heard as Items 7.01, 7.02 and 7.03 respectively. **Note: Item 6.19 was deferred to the next meeting. ***Note: Councilmember Bestolarides stepped down from voting on Item 6.11, therefore, the vote on this item was approved 6-0.

All non-asterisked items were Approved 7-0.
Moved by Nomura, Vice-Mayor, seconded by Martin, Councilmember.

Vote: Carried 7-0.
Yes:  Podesto, Mayor; Nomura, Vice-Mayor; Ruhstaller, Councilmember; Nickerson, Councilmember; Martin, Councilmember; Giovanetti, Councilmember; Bestolarides, Councilmember

 
 
 
 
Council Resolution 04-0093
Motion: Approve 7.01 (formerly Item 6.03) CC Approve recognizing the Vietnamese American Heritage and Freedom Flag, the official flag of the Vietnamese-American community in Stockton. (CM) (Pages 22-24) Approved 7-0;


Moved by Nomura, Vice-Mayor, seconded by Martin, Councilmember.

Vote: Carried 7-0.
Yes:  Podesto, Mayor; Nomura, Vice-Mayor; Ruhstaller, Councilmember; Nickerson, Councilmember; Martin, Councilmember; Giovanetti, Councilmember; Bestolarides, Councilmember

 
 
Council Resolution 04-0094
Economics Research Associates (ERA), February 16, 2004, Project No. 15268, Report filed.
Powerpoint filed submitted by City Manager Mark Lewis.

The following spoke on this item:
Councilmember Bestolarides
City Manager Mark Lewis
Mr. Jeff Cohen of Economics Research Associates (ERA)
Mayor Podesto
Councilmember Ruhstaller
Podesto, Mayor Left the Meeting at 06:42 PM
Podesto, Mayor Joined the Meeting at 06:43 PM
Motion: Approve /Accept the ECONOMIC RESEARCH ASSOCIATES February 16, 2004 Stockton Arena Report.


Moved by Nomura, Vice-Mayor, seconded by Giovanetti, Councilmember.

Vote: Carried 5-2.
Yes:  Podesto, Mayor; Nomura, Vice-Mayor; Ruhstaller, Councilmember; Martin, Councilmember; Giovanetti, Councilmember
No:  Nickerson, Councilmember; Bestolarides, Councilmember

 
 
Council Resolution 04-0095
Motion: Approve 7.03 (formerly 6.18) CC Approve abandoning portions of Lindsay, Commerce, Madison, Monroe, and Van Buren Streets for the Stockton Events Center Project. (H&RD)



Moved by Nomura, Vice-Mayor, seconded by Giovanetti, Councilmember.

Vote: Carried 5-2.
Yes:  Podesto, Mayor; Nomura, Vice-Mayor; Ruhstaller, Councilmember; Martin, Councilmember; Giovanetti, Councilmember
No:  Nickerson, Councilmember; Bestolarides, Councilmember

 
 
The public hearing was opened at 7:11 p.m.
 
1. Resolution approving the Final Initial Study/Mitigated Negative Declaration (IS20-03) and adopting the “Findings and Mitigation Monitoring/Reporting Program for the California Homes Seabreeze II Residential Subdivision Project,” dated October 24, 2003;

 
CC Resolution 04-0096
 
2. Ordinance approving the prezoning of a 39.4-acre parcel to R-1, Single- Family District (Z-11-03);


 
Ordinance 005-04; effective March 19, 2004
 
3. Resolution authorizing the City Manager to file with the Local Agency Formation Commission (LAFCO) the above-noted annexation (A-03-6), detachment from the French Camp-McKinley Fire District, related City Services Plan, and execute the Agreement for Property Tax Allocation upon Annexation with San Joaquin County.

(CD)

(Pages 238-299)

 
Council Resolution 04-0097
Mayor Podesto announced that Councilmember Bestolarides would be stepping down on this item due to a conflict of interest.
Bestolarides, Councilmember Left the Meeting at 07:12 PM
Powerpoint presentation was filed by Community Development Director Jim Glaser.

A revised staff report was filed by Community Development Director Jim Glaser; the report was corrected to read "detachment from the Montezuma Fire District and San Joaquin County Resource Conservation District" instead of "detachment from the French Camp McKinley Fire District."
The following spoke on this item:
Community Development Director Jim Glaser
Deputy Community Development Director Mike Niblock
Mayor Podesto
City Manager Lewis
Vice Mayor Nomura
Trevor Smith of California Homes
Councilmember Martin


The hearing was closed at 7:32 p.m.
Motion: Approve 9.01) CC The request of ROMY L. THOMPSON, ET AL., for Prezoning (Z-11-03) to R-1, Single-Family District, Authorization to File for Annexation (A-03-6) to the City of Stockton and adoption of Final Initial Study/Mitigated Negative Declaration (IS20-03) and Findings and Mitigation Monitoring/Reporting Program for the CALIFORNIA HOMES SEABREEZE II Residential Subdivision Project. Approved 6-0 (Councilmember Bestolarides stepped down due to a conflict of interest).


Moved by Nomura, Vice-Mayor, seconded by Giovanetti, Councilmember.

Vote: Carried 6-0.
Yes:  Podesto, Mayor; Nomura, Vice-Mayor; Ruhstaller, Councilmember; Nickerson, Councilmember; Martin, Councilmember; Giovanetti, Councilmember
Absent:  Bestolarides, Councilmember

 
 
Mayor Podesto recognized the students from Tokay High School that were present in the audience.
 
 
In reference to his statement last week wishing Janis Gregorio a happy birthday, he clarified that she was 63, not 53.

He asked that indulgence of the Council in appointing an Ad hoc Committee comprised of the City Manager, Vice Mayor Nomura, and himself to select a panel to conduct interviews for the vacancy of the City Attorney. He said a consultant was engaged to recruit for the position. He requested that the City Manager schedule the meeting.

 
 
Related that a constituent approached him and expressed concern about the potential traffic impacts to his neighborhood over the new school that is going to be built and requested information on the traffic calming program.

In reference to the three-tote garbage program, a constituent would like to know how the City is going to handle the Fall leaf drop clean up because she was told by City staff that sweeping leaves from the street would be her responsibility.

City Manager Mark Lewis explained that staff is planning to do a complete public information program on the 3-tote garbage issue shortly before it is implemented and noted that the City is under a Cease and Desist Order from the State Water Quality Control Board to stop putting leaves in the streets because they end up in the storm drain and in the rivers. He said they will emphasize the Cease and Desist Order so the public understands that they have to begin the process. He said the process may be difficult to get used to because residents are used to having the City scoop up the leaves, but residents will be provided with multiple toters for leaves and toters will be picked every week. He said street sweepers will also sweep up leaves that fall into the street.

Councilmember Ruhstaller commented that there are older neighborhoods that have large trees with large canopies that drop a large amount of leaves and doesn’t know if the toters will be adequate to contain the amount of leaves that fall.

Mr. Lewis emphasized that residents can request as many toters as needed and many California cities have had to make the transition and Stockton is one of the last cities to follow the practice. He suggested that the garbage companies make a presentation to the Council on how the program will be implemented. He explained that the reason for the Cease and Desist Order is because thousands of fish are killed every year because of the pollution from storm drains.

Mayor Podesto said he would like to see a garbage company from another city where the program is already implemented.

Councilmember Giovanetti stated that the City in cooperation with the garbage haulers, will hold community meetings and Councilmembers will be asked to lead those meetings.

Mr. Lewis said that the public information program will include radio and television spots, and newspaper ads to explain the rationale for the program.

Councilmember Ruhstaller asked how the county pockets interface because they have a different leaf program, to which Mr. Lewis replied that they are under a similar Cease and Desist Order but is not certain how the County is dealing with those pockets. He said he could provide an update on what the County is doing at another meeting.

Mayor Podesto noted that many of the county pockets do not have storm drains and asked if a presentation could be made before the Council about the worst case scenario, to which Mr. Lewis said would be done.

Vice Mayor Nomura commented that it would be interesting to note what would happen if leaves continue to be placed in the streets and asked whether fines are imposed, to which Mr. Lewis said there are escalating fines, but they are trying to get into compliance with the State’s order.

Podesto, Mayor Left the Meeting at 07:38 PM
Podesto, Mayor Joined the Meeting at 07:42 PM
 
 
Announced that last week Lincoln High School junior Jordon Gilchrist was selected to participate in the National Youth Leadership Forum on Law. Ms. Gilchrist is in the top one percent of her class and joins 350 high school juniors and seniors from across the U.S. to participate in the forum.

She also announced that on March 12, 2004, the Library Literacy Foundation will hold their Thirteenth Annual Trivia Bee at the Stockton Civic Auditorium from 6:00 p.m. to 9:00 p.m. and the foundation is fundraising for the library. In addition, on February 24, Barnes and Noble Booksellers will kick off One Book, One San Joaquin 2004, the book selected is Epitaph for a Peach by David Masumoto, of the Fresno area. The book is about peaches and contains personal stories about the state of American agriculture and an intimate glimpse into the Asian-American experience.

 
 
She stated that Ms. Stamos’s tree on Banbury Drive has died and she does not want the tree replaced. She said the issue is of concern because it deals with the resident’s freedom and being forced to do something against her will. She suggested that someone contact Ms. Stamos as Ms. Stamos feels this is a case of selective prosecution. This information was given to the Manager for follow up.

Mayor Podesto stated that most people don’t realize that the first six feet of a one’s property belongs to the City and trees are planted within that area.

Councilmember Martin announced that on February 21, a regional event called Color in the Valley will be held at Sherwood Mall, as well as at the Civic Auditorium where the Step to the Mic event will occur and encouraged anyone who wishes attend and look up their website.

 
 
In reference to Consent Item 6.19 and the audio tape of the minutes from the Jt. meeting, Mayor Podesto said he does not need to see the tape and asked that Clerk Meissner have a staff member view the tape and look for any objection to the consensus. He believes what was said was “if there is consensus,” and there was silence which would indicate acceptance. He said if there was no open objection voiced to the consensus, he is satisfied with the printed minutes. He said he motioned to the other side but knows that the Council had consensus.
 
 


KATHERINE GONG MEISSNER
CITY CLERK OF THE CITY OF STOCKTON
SECRETARY REDEVELOPMENT AGENCY