City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - - Revised
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, January 11, 2022 4:30 PM
Closed Session 4:30 PM :: Regular Session 5:30 PM
The City of Stockton invites public participation in multiple forms. You provide your comments by using one of these methods:
1. e-Comment - follow the e-comment link on the City’s agenda page stockton.granicusideas.com/meetings
2. Email - you may email your comments to [email protected]
3. Voicemail - you can leave a voice message by dialing (209) 937-8459.
4. WebEx - if you wish to join the meeting virtually, you must email [email protected] no later than 90 minutes prior to the meeting on the day of the meeting to request a WebEx link.
5. In-Person Comments –
a) Speakers must submit “request to speak cards to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 3-minute comment opportunity. Donating time is not authorized.
d) Your time will be displayed on the speaker podium for convenience.
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 22-0003 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: Fire Fighter Engineer John Kluve, (Workers’ Compensation Appeals Board, Case No.
ADJ8881262)
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.
STK-CV-UVM-2019-12404)
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This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code.
Department: City Attorney
3.2 22-0005 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black 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 22-0007 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(b).
Department: City Attorney
4. PUBLIC COMMENT*
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***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
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12.1 21-0924 REFUND OF WASTEWATER SERVICE OVERCHARGES TO TANKERWASH USA, INC.
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the refund of Wastewater overcharges to Tankerwash USA, Inc. in the amount of $253,382.55
Department: Administrative Services
Attachments: Proposed Resolution
12.2 22-0004 ACCEPT COMMITTEE MINUTES FOR FILING
Recommended Action: RECOMMENDATION
Accept for filing minutes from the Stockton Citizens Redistricting Advisory Commission meeting of October 11, 2021
Department: City Clerk
Attachments: Attachment A - Minutes
12.3 22-0012 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the Special City Council meeting of November 10, 2021 and the City Council meeting of December 7, 2021.
Department: City Clerk
Attachment A - 2021-11-10 Minutes
Attachment B- 2021-12-07 Minutes
Attachments:
12.4 21-0867 ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE SUPPLEMENTAL GRANT FUNDING FROM THE U.S. SMALL
BUSINESS ADMINISTRATION FOR THE SHUTTERED VENUE
OPERATORS GRANT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve and authorize the City Manager, or designee, to execute all necessary documents with the U.S. Small Business Administration (SBA) to accept and deliver all supplemental grant funding from the Shuttered Venue Operators Grant (SVOG);
2. Authorize the City Manager, or designee, to accept and appropriate all supplemental grant revenues and expenditures;
3. Authorize the City Manager, or designee, to take all actions necessary and appropriate to carry out the intent of the resolution.
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Department: Economic Development
Attachment A - Resolution No. 2021-09-28-1204
Proposed Resolution - SVOG SUPPLEMENTAL AWARD
Attachments:
12.5 21-0868 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 7823 AND 7826 AMBER WAY
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the filing of Notice of Exemption No.25-21 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 7823 Amber Way, APN 077-300-02 and 7826 Amber Way, APN 077-300-01.
2. Authorizing the disposition of the City-owned parcels located at 7823 and 7826 Amber Way to Skyway Builders Developers, LLC in the amount of $60,000.
3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Skyway Builders Developers, LLC.
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - Vicinity Map - 7823 & 7826 Amber
Attachment B - Aerial Map - 7823 & 7826 Amber
Attachment C - AdminDirective - HRD02 - Sale of RP
Attachment D - Resolution 2021-05-11-1204
Proposed Reso - Amber Way
Exhibit 1 - NOE25-21 - Excess Real Property
Exhibit 2 - PSA - 7823 & 7826 Amber
Attachments:
12.6 21-0782 APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 25 NORTH GRANT AND 725 EAST MAIN STREET
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the filing of Notice of Exemption No. 25-21 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 25 North Grant Street, APN 149-180-17 and 725 East Main Street, APN 149-180-21.
2) Authorizing the disposition of the City-owned parcels located at 25 North Grant and 725 East Main Street to Dru Hunt in the amount of $60,000. 3) Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Dru Hunt.
4) Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - Resolution 02-0399 & 02-0577
Attachment B - Vicinity Map - Grant & Main
Attachment C - Aerial Map - Grant & Main
Attachment D - Administrative Directive HRD-02
Attachment E - Resolution 2021-05-11-1204
Proposed Reso - Grant & Main - Hunt
Exhibit 1 - NOE25-21 - Excess Real Property
Exhibit 2 - PSA - 25 N Grant & 725 E Main - Dru Hunt
Attachments:
12.7 21-0844 ADOPT RESOLUTION TO APPROVE A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2022-2023
Recommended Action: RECOMMENDATION
It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton ("Successor Agency") adopt a resolution:
1. Approving the Recognized Obligation Payment Schedule for the period of July 1, 2022, through June 30, 2023, (Exhibit 1 to the Resolution) as required under Health and Safety Code section 34177(o).
2. Authorizing the Executive Director to take necessary and appropriate actions to carry out the purpose and intent of the resolution.
Department: Economic Development
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Attachment A - Resolution No. 11-0251
Attachment B - City Loans - Letter from California DOF
Proposed Resolution - ROPS
Exhibit 1
Attachments:
12.8 21-0930 MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. FOR
BENEFITS CONSULTING SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council authorize by motion the City Manager to execute an Agreement (Attachment A) with Alliant Insurance Services, Inc. for benefits consulting services. It is further recommended that this motion authorize the City Manager to take appropriate action to carry out the purpose and intent of this agreement.
Department: Human Resources
Attachments: Attachment A - Alliant Service Agreement
12.9 21-0854 ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP
INSTALLATION PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE47-21 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No.
WD21004.
2. Approve the plans and specifications for the ADA Curb Ramp Installation, Project No. WD21004.
3. Award a Construction Contract in the amount of $549,000 to J.J.R.
Construction, Inc. of San Mateo, CA, for the ADA Curb Ramp Installation, Project No. WD21004.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
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Attachment A - Project Location List
Attachment B - Project Location Map
Attachment C - JJR Bid Protest Letter
Attachment D - HBC Bid Protest Response Letter
Attachment E - COS Bid Protest Determination Letter
Proposed Resolution
Exhibit 1 - NOE47-21
Exhibit 2 - Construction Contract
Attachments:
12.10 21-0855 ADOPT RESOLUTION TO AUTHORIZE THE TREE REMOVAL AND
STUMP GRIND PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE60-21 under the California Environmental Quality Act for the Tree Removal and Stump Grind, Project No. WD22004.
2. Approve the specifications for the Tree Removal and Stump Grind, Project No. WD22004.
3. Award a Service Contract in the amount of $118,700 to West Coast Arborists, Inc. of Stockton, CA, for the Tree Removal and Stump Grind, Project No. WD22004.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Project Map
Attachment B - Location List
Proposed Resolution
Exhibit 1 - NOE60-21
Exhibit 2 - Contract for Services
Attachments:
12.11 21-0825 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES
CONTRACT FOR THE ZEPHYR ROAD WATER MAIN CONNECTION
PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Siegfried Engineering, Inc., of Stockton, CA, in the amount of $108,490, for design of the Zephyr Road Water Main Connection, Project No. UH20003.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:
12.12 21-0690 ADOPT RESOLUTION TO AUTHORIZE THE STOCKTON SOCCER
COMPLEX UPGRADES AND MAINTENANCE PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE22-20 under the California Environmental Quality Act for the Stockton Soccer Complex Upgrades and Maintenance, Project No. CR15010.
2. Approve the plans and specifications for the Stockton Soccer Complex Upgrades and Maintenance, Project No. CR15010.
3. Award a Construction Contract in the amount of $2,596,927 to McFadden Construction, Inc. of Stockton, CA, for the Stockton Soccer Complex Upgrades and Maintenance, Project No. CR15010.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Lease Agreement
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract - CWTA
Attachments:
13. ADMINISTRATIVE MATTERS
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14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 22-0040 UPDATE ON THE POINT-IN-TIME COUNT
Recommended Action: RECOMMENTATION
Information only. No action to be taken.
Department: Office of the Mayor
Attachments: Powerpoint Presentation
16. HEARINGS**
16.1 21-0955 APPROVE RESOLUTION IN CONNECTION WITH CREATION OF IMPROVEMENT AREAS 3 AND 4 THROUGH A REDUCTION IN SIZE
TO IMPROVEMENT AREA 2 AND RELATED CHANGES IN
COMMUNITY FACILITIES DISTRICT 2018-2 (WESTLAKE VILLAGES II) (THE “DISTRICT”)
Recommended Action: RECOMMENDATION
At the conclusion of the public hearing, it is recommended that the City Council
Take the following action:
1. Approve resolution ordering changes affecting certain parcels within Improvement Area 2 of Community Facilities District 2018-2 (Westlake Villages II) ("CFD2018-2"), establishing Improvement Area 3 and Improvement Area 4 in the district, and directing recording of amended notice of special Tax lien.
It is also recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
Department: Administrative Services
Proposed Resolution
Exhibit 1 - Improvement Areas 1, 2, and 3
Exhibit 2 - Rate and Method of Apportionment - IA3
Exhibit 3 - Rate and Method of Apportionment - IA4
Exhibit 4 - CFD Report
16.1 PPT - Westlake Villages II
Attachments:
16.2 21-0777
Note: This item was amended by the Office of the City Attorney on 2022-01-07
ADOPT A RESOLUTION REVOKING A MASTER DEVELOPMENT
PLAN AND TERMINATING THE DEVELOPMENT AGREEMENT FOR
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THE OPEN WINDOW PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt:
1. A resolution for Revocation of the Open Window Project Master Development Plan (MDP).
2. An ordinance Terminating the Development Agreement (DA) for the Open Window Project.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution and ordinance.
Department: Community Development
Attachment A - Location Map and Aerial Photography
Attachment B - Termination Request from Applicant
Attachment C - Planning Commission Resolution 20221-11-18-0504 Proposed Resolution - OWP MDP Termination
Exhibit 1 - OWP MDP
Proposed Ordinance - OWP DA Termination
Exhibit 1 - DA
16.2 PPT - Open Window Project
Attachments:
16.3 21-0943 APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A TIME
EXTENSION REQUEST FOR TEMPORARY ACTIVITY PERMIT
P20-0824 FOR A FOOD TRUCK PARK USE AT 2107 WEST LANE
(APN 117-090-11)
Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt a resolution denying the appeal and upholding the Planning Commission's approval, and conditions of approval, of a Time Extension Request for Temporary Activity Permit P20-0824 for a food truck park use at 2107 West Lane.
Department: Community Development
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Attachment A - Temporary Activity Permit P20-0824
Attachment B - TAP Extension Determination P21-0383
Attachment C - Appeal of Determination
Attachment D - Planning Commission Staff Report 7-22-2021 Attachment E - Planning Commission Minutes 7-22-2021
Attachment F - TAP P21-0757 Denial
Attachment G - Planning Commission Resolution 2021-08-26-0302 Attachment H - Appeal of Planning Commission Approval
Attachment I - Site and Floor Plans
Attachment J - Reports and Calls for Service
Proposed Resolution - Recommending Denial
Exhibit 1 - Proposed Site Map
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
1. 22-0017 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
Audit Committee 2021-07-12
Audit Committee 2021-10-18
CSC 2021-08-19
CSC 2021-09-27
CSC 2021-10-21
Measure A 2021-06-11
Attachments:
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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on January 7, 2022, in compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, 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.
**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.
***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.
All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact 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, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.
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 interested party has not sought and exhausted all available administrative remedies.
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Legislation Text
File #: 21-0924, Version: 1
REFUND OF WASTEWATER SERVICE OVERCHARGES TO TANKERWASH USA, INC.
RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the refund of Wastewater overcharges to Tankerwash USA, Inc. in the amount of $253,382.55 Summary
The City of Stockton Wastewater service charges consist of two components, a flat rate charge and a consumption charge that is determined annually by the customer's Winter Quarter Average (WQA) water usage. For some customers, the WQA data is provided by California Water Service (Cal Water). Industrial users that also hold a discharge permit are charged based on their permitted flow as recorded by an on-site meter. In July 2021, Tankerwash USA, Inc. (Tankerwash) requested City staff review their wastewater bill for possible incorrect charges. Staff reviewed Tankerwash charges over the past 5 years and found it was being billed twice: (1) for metered flow, and (2) the full WQA calculated volume. Tankerwash should only have been charged for the metered flow and an adjusted WQA volume. This resulted in overcharges of $253,382.55 over the 5-year period. Staff recommends Council approve a refund of the overcharged amount totaling $253,382.55 to Tankerwash pursuant to Stockton Municipal Code section 3.60.020.
DISCUSSION
Background
The City of Stockton Wastewater Utility service charges for commercial customers consist of two components: (1) a flat rate charge, and (2) a consumption charge that is established each fiscal year based on water usage during the months of January, February, and March of the prior fiscal year.
This is referred to as the Winter Quarter Average (WQA). Both the flat rate and consumption charges were evaluated based on the size and type of business. The current wastewater rates were last set in 2019, following a Proposition 218 balloting procedure and accepted by Council (Resolution 2019- 05-21-1506).
Tankerwash, which is located at 743 W. Anderson in Stockton, is connected to the City’s wastewater system but is in the Cal Water service area. Winter Quarter Average data is provided by Cal Water for their water customers, which is then used to calculate the consumption portion of the bill for each month of the following fiscal year.
Tankerwash was first issued a permit in July 2004 by the City to discharge industrial waste under the Municipal Utilities Department (MUD) Wastewater National Pollutant Discharge Elimination System permit (NPDES Permit). Permitted Industrial dischargers are required to meter wastewater flow and City of Stockton Page 1 of 2 Printed on 1/4/2022
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monitor constituent concentrations of discharge to help manage the impact on the sewer system.
Industrial dischargers, including Tankerwash, are then billed sewer charges based on the actual flow and strength of their discharge. In this case, Tankerwash was billed sewer charges based on both the WQA calculation and their metered flow.
Present Situation
Tankerwash requested City staff review their sewer bill for possible incorrect charges. Staff performed an in-depth review of the charges over the past 5-years and confirmed Tankerwash had been double-billed for sewer charges during that time. WQA billing calculations were reviewed and adjusted to account for the minimum billing required for the non-metered flows generated from the offices and buildings. The WQA charges were also reconciled against the metered billings to determine the total refund amount of $253,382.55, as shown in the table below.
Calendar
Year
Industrial
Charges Paid
(Based on
Metered Flow)
Non-Metered
Sewer Charges
(Based on WQA)
Annual Base
Rate Charges (2
x Fixed Monthly
Charge)
Difference to
be
Reimbursed
2015* $26,651.17 $19,717.05 $248.40 $19,468.65
2016 $53,518.15 $35,435.10 $500.76 $34,934.34
2017 $54,912.14 $36,839.94 $504.72 $36,335.22
2018 $53,177.29 $41,253.63 $504.72 $40,748.91
2019 $57,652.56 $41,480.28 $516.96 $40,963.32
2020 $72,125.52 $49,110.30 $545.10 $48.565.20
2021** $48,501.70 $32,746.53 $379.62 $32,366.91
$256,582.83 $3,200.28 $253,382.55
*July through December
**January through August
The overpayment of wastewater service charges is eligible for refund under Stockton Municipal Code section 3.60.020.
To avoid future overbilled accounts, MUD and ASD have implemented a system to verify the appropriate billing method for permitted industrial customers. Accounts will be cross-checked between the two department when there is any change to those industries operating under a City issued NPDES permits.
FINANCIAL SUMMARY
The refund in the amount of $253,382.55 will be issued to Tankerwash USA from the Wastewater Fund as follows: Municipal Wastewater Utility / Charges for Service - Industrial.
Sufficient funds are available to process this refund. There is no impact to the General Fund City of Stockton Page 2 of 2 Printed on 1/4/2022
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15 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING A REFUND TO TANKERWASH USA, INC., IN THE AMOUNT OF $253,382.55, FOR OVERPAYMENT OF WASTEWATER CHARGES BILLED AND COLLECTED FOR THE PROPERTY AT 743 W. ANDERSON Tankerwash USA, Inc. is in the California Water Service (Cal Water) area. Cal Water provides Winter Quarter Average (WQA) water usage data that is subsequently used to calculate sewer charges; and
Tankerwash USA, Inc. is also a permitted industrial user who is billed sewer charges based on metered flows; and
Billing divisions within the City of Stockton were not aware bills were sent based on both WQA and metered flow data; and
Tankerwash USA, Inc. was subjected to double billing for the wastewater service charges based on both the metered industrial flow and the WQA data provided by California Water Service; and
Duplicate charges from the period of July 2015 through August 2021, are determined to equal $253,382.55; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Pursuant to Stockton Municipal Code section 3.60.020 the City of Stockton approves a refund in the amount of $253,382.55 to Tankerwash USA, Inc.
2. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 11, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
16 City of Stockton
Legislation Text
File #: 22-0004, Version: 1
ACCEPT COMMITTEE MINUTES FOR FILING
RECOMMENDATION
Accept for filing minutes from the Stockton Citizens Redistricting Advisory Commission meeting of October 11, 2021
Attachment A - Minutes
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Attachment A 19
City of Stockton
Legislation Text
File #: 22-0012, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the Special City Council meeting of November 10, 2021 and the City Council meeting of December 7, 2021.
Attachment A - 2021-11-10 Minutes - Special
Attachment B - 2021-12-07 Minutes
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Attachment A 22
23 24
25 26
27 28
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33 City of Stockton
Legislation Text
File #: 21-0867, Version: 1
ADOPT A RESOLUTION TO ACCEPT AND APPROPRIATE SUPPLEMENTAL GRANT FUNDING FROM THE U.S. SMALL BUSINESS ADMINISTRATION FOR THE SHUTTERED VENUE
OPERATORS GRANT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve and authorize the City Manager, or designee, to execute all necessary documents with the U.S. Small Business Administration (SBA) to accept and deliver all supplemental grant funding from the Shuttered Venue Operators Grant (SVOG);
2. Authorize the City Manager, or designee, to accept and appropriate all supplemental grant revenues and expenditures;
3. Authorize the City Manager, or designee, to take all actions necessary and appropriate to carry out the intent of the resolution.
Summary
The City of Stockton submitted a grant application to the SBA in April 2021, for the SVOG program, allocating funding to shuttered venues negatively impacted due to the COVID-19 pandemic. The Bob Hope Theatre met the eligibility criteria for the grant. The City was awarded an initial grant amount of $239,428; accepted by the City Council in July 2021 by Resolution No. 2021-09-28-1204. (Attachment A). Thereafter, the City was notified that requests for supplemental SVOG award was available and in early November 2021, notification of pre-approval for an amount up to $119,713.95 was received. It is recommended that the City Council approve the supplemental grant award and authorize the City Manager, or designee, authority to accept and appropriate additional monetary assistance from the SBA.
DISCUSSION
Background
The SVOG program was established by the Economic Aid to Hard-Hit Small Business, Nonprofits, and Venues Act and amended by the American Rescue Plan Act. The allocated funding to shuttered venues will be administered by the SBA’s Office of Disaster Assistance. Eligible applicants were able to qualify for an original award equal to forty-five percent (45%) of their 2019 gross earned revenue, with the maximum amount available for a single grant allocation of $10 million and, if funds remained, a potential supplemental award.
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Due to the COVID-19 pandemic, the Bob Hope Theatre remained closed to the public from March 2020 through the entire fiscal year 2020-21. The closure eliminated all revenue and daily operations staff, while essential facility costs continued to incur.
Present Situation
Based on the supplemental award that was allocated from the SBA, it is recommended that the City Council approve the acceptance of the current, and any future additional, supplemental grant funds.
Funding from the SVOG grant will provide additional financial assistance to support facility operations, including personnel, utility and other operating costs. Operating savings created by the grant funding will be used for needed equipment and building system maintenance and upgrades as funding is available in the approved Entertainment Venues, fiscal year 2021-22, operating budget.
FINANCIAL SUMMARY
This grant does not require matching funds from the City. All supplemental grants will be allocated as additional financial assistance to the Entertainment Venues operating budget. The SVOG funds will be appropriated in the Special Grant Fund, Venues Division, COVID-19 program.
As a condition of acceptance, the additionally allocated funds qualify for an extension to expend and must be spent within the budget period of eighteen (18) months from the date the original grant was awarded (7/27/2021 to 01/27/2023). The City will submit a report that describes the grant’s financial progress to the SBA, as required.
Attachment A - Resolution No. 2021-09-28-1204
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35 ATTACHMENT A 36
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO ACCEPT AND APPROPRIATE SUPPLEMENTAL GRANT FUNDING FROM THE U.S. SMALL BUSINESS ADMINISTRATION FOR THE
SHUTTERED VENUE OPERATORS GRANT
A necessary quorum and majority of the Councilmembers of the City of Stockton, a municipality (Grantee) hereby consents to, adopts, and ratifies the following resolution:
The Shuttered Venues Operators Grant (SVOG) Program was established by the Economic Aid to Hard-Hit Small Business, Non-Profits, and Venues Act and amended by the American Rescue Plan Act; and
In April 2021, the City of Stockton applied for the SVOG funding and was awarded a grant in July 2021, which was approved by City Council in September 2021; and Thereafter, the City applied for supplemental grant funding and received approval on November 1, 2021, for $119,713.95; and
The grant does not require a local match appropriation and the Economic Development Department is the designated lead agency; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve and authorize the City Manager, or designee, to execute all necessary documents with the U.S. Small Business Administration (SBA) to accept and deliver all supplemental grant funding from the Shuttered Venue Operators Grant (SVOG).
2. Authorize the City Manager, or designee, to accept and appropriate all supplemental grant revenues and expenditures.
3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the intent of the Resolution.
PASSED, APPROVED, and ADOPTED January 11, 2022 .
KEVIN J. LINCOLN II
ATTEST: Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
37 City of Stockton
Legislation Text
File #: 21-0868, Version: 1
APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 7823 AND 7826 AMBER WAY
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the filing of Notice of Exemption No.25-21 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 7823 Amber Way, APN 077- 300-02 and 7826 Amber Way, APN 077-300-01.
2. Authorizing the disposition of the City-owned parcels located at 7823 and 7826 Amber Way to Skyway Builders Developers, LLC in the amount of $60,000.
3. Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Skyway Builders Developers, LLC.
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
In 1997, the parcel at 7823 Amber Way was acquired by the City for the Hammer Lane Widening Project. In 1961, the parcel at 7826 Amber Way was acquired (Attachment A - Vicinity Map and Attachment B- Aerial Map). An offer of $60,000 has been received from Skyway Builders Developers, LLC (“Buyer”) to purchase the two parcels. All City Departments have been surveyed to determine the property as excess.
Disposition of these parcels will allow the property to serve a useful purpose and provide revenue to the City. This action will allow for City-owned real property, which is unnecessary for present or prospective public use, to be eliminated from the maintenance program, thereby reducing future City costs. Staff recommends that the City Council adopt the proposed resolution for the disposition of real property located at 7823 Amber Way, APN 077-300-02 and 7826 Amber Way, APN 077-300-01, in the amount of $60,000.
DISCUSSION
Background
Administrative Directive HRD-02 (HRD-02) (Attachment C) establishes standard procedures for the sale of real property belonging to the City. Specifically, the procedures allow all real property that is surplus to the City’s present and anticipated future needs to be sold and serve a useful purpose, be City of Stockton Page 1 of 3 Printed on 1/4/2022
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38 File #: 21-0868, Version: 1
returned to the active tax rolls, and provide revenue to the City’s General Fund. HRD-02 requires that any department that becomes aware that a city property is no longer necessary for use notify the Economic Development Department (EDD), which will explore the possibility of disposing of the property. EDD will initiate the process by circulating details about the property to all City Departments to determine if the property is excess. Once the property is deemed excess, EDD submits the property(ies) to the City Manager, together with a recommendation that the property be declared excess and sold. The Council must approve disposition of City real property.
The State of California’s Surplus Land Act (AB 1486) that was amended in 2020 requires that the City send notices offering the property first to public agencies and any developers who have notified the California Department of Housing and Community Development (HCD) of their interest in developing affordable housing on surplus land. Public agencies and developers will have sixty (60) days to notify the City in writing of interest in purchasing or leasing any properties. Should the City receive notification from a party interested in acquiring or leasing the subject property, a 90- day good faith negotiation period begins to determine if a mutually satisfactory sales price and terms or lease terms can be agreed upon. If the price or terms cannot be agreed upon after the good faith negotiation period, the land may be disposed of. If the City receives no inquiries, it may then list the subject property for sale or solicit proposals for development. This process must be followed before the City can dispose of any City-owned real property assets. The subject properties were deemed surplus by Resolution 2021-05-11-1204 (Attachment D).
Skyway Builders Developers, LLC contacted the Economic Development Department for a list of available properties. A list was provided, and a subsequent purchase offer was presented to EDD staff.
The property located at 7823 Amber Way is a vacant parcel consisting of approximately 0.13-acres of land and zoned RL (Low-Density Residential). The parcel was acquired in 1997 for the Hammer Lane Widening Project, and the existing structure was removed. The property located at 7826 Amber Way is a vacant parcel consisting of .11-acres of land zoned RL (Low-Density Residential). The parcel was acquired in 1961 and used as a rental until the structure was eventually removed.
Present Situation
In October 2021, City staff and Buyer agreed to a purchase price of $60,000 for the two parcels.
Given that the subject parcels are smaller in size and limited to residential development, staff believes $60,000 is a fair market-value and in line with Caltrans-owned excess land values in Stockton. The Buyer intends to construct housing units, thus giving the underutilized parcels a purpose, adding to the available housing stock, and contributing to Stockton’s economic base.
Staff surveyed all City Departments to declare the property excess.
NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record on December 29, 2021.
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ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this activity/project regarding the sale of the property located at 7823 Amber Way, APN 077-300-02 and 7826 Amber Way, APN 077-300-01, is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Statutory Exemption” under Article 19 and, specifically 15312, Class 12 of the State CEQA guidelines. In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
If approved by Council, and upon close of escrow of the property, the gross amount of $60,000, less closing costs, advertising, filing, and miscellaneous fees, will be deposited into 0000-000-520001-100 -000-00-00-000-000-, the Disposition/Fixed Assets/Sale of Fixed Assets Fund.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Administrative Directive HRD-02
Attachment D - Resolution 2021-05-11-1204
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40 7823 & 7826 Amber Way
VICINITY MAP ATTACHMENT A 41
7823 & 7826 Amber Way
AERIAL MAP ATTACHMENT B 42
ATTACHMENT C 43
ATTACHMENT C 44
ATTACHMENT C 45
ATTACHMENT C 46
ATTACHMENT C 47
ATTACHMENT D 48
No. APN ADDRESS LAND SIZE CURRENT USE
1 149-095-02 530 E Lafayette St 0.11 acres Vacant Land
2 149-095-03 534 E Lafayette St 0.09 acres Vacant Land
3 149-095-04 536 E Lafayette St 0.14 acres Vacant Land
4 149-261-20 411 S Stanislaus St 1.66 acres Vacant Land 5 077-300-02 7823 Amber Wy 0.13 acres Vacant Land
6 077-300-01 7826 Amber Wy 0.11 acres Vacant Land
7 077-490-01 1450 W Hammer Ln 0.21 acres Vacant Land
8 145-270-06 833 W Weber 3.73 acres Vacant Land
9 145-270-09 705 W Weber 3.08 acres Vacant Land
10 145-270-10 Weber Avenue 0.29 acres Vacant Land
11 145-190-03 855 W Weber 1.97 acres Vacant Land
12 149-180-17 25 N Grant 0.11 acres Vacant Land
13 149-180-21 725 E Main 0.34 acres Vacant Land
14 137-410-09 Miner's Levee 2.00 acres Vacant Land
CITY EXCESS PROPERTY
ATTACHMENT D 49
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SALE OF EXCESS REAL PROPERTY LOCATED AT 7823 AND 7826 AMBER WAY
Skyway Builders Developers has offered to purchase City of Stockton owned property located at 7823 Amber Way (APN 077-300-02) and 7826 Amber Way (APN 077-300-01) for $60,000; and
The 0.13-acre and 0.11-acre properties are currently vacant land, and an offer was received from the prospective buyer to construct housing units; and All City Departments have been surveyed to determine the property as excess; and
The disposition of the subject property will allow it to serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City; and The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” per CEQA Guidelines by section 15312, Class 12; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager is authorized to approve the filing of Notice of Exemption No. NOE25-21 under CEQA, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. In accordance with section 65402 of the Government Code, this action has been determined to conform to the City’s General Plan Policy Document, as amended.
3. The City is hereby authorized to sell and convey to Skyway Builders Developers a 0.13-acre site located at 7823 Amber Way and a 0.11-acre site located at 7826 Amber Way, as more particularly described in the Purchase and Sale Agreement, which is attached hereto as Exhibit 2, and incorporated by this reference, and to settle all costs of every kind and description resulting from the disposition of said interest in real property.
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50 4. The City Manager is hereby authorized to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 11, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
51 MEMORANDUM
April 30, 2021
TO: Amanda Thomas, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Planning Manager
Community Development Department
SUBJECT: CEQA NOE – EXCESS CITY PROPERTY: NOE25-21
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton is proposing to deem properties as excess located at: 530, 534, 536 East Lafayette Street and 411 South Stanislaus (APNs 149-095-02; -03; -04 and 149-261-21); 7823 Amber Way (APN 077-300-02); 7826 Amber Way (APN 077-300-01); 1450 West Hammer Lane (APN 077-490-01); South Pointe property West Weber (APN 145-270-06; -09; -10 and 145-190-03); 25 North Grant (APN 149-180-17); 723 East Main Street (APN 149-180-21); Miner’s Levee (APN 137-410-09); 6 East Lindsay (APN 139-080-01); 20 East Lindsay (APN 139-080-02); and 345 North El Dorado (APN 139-080-04). See attachment A for specific locations.
In accordance with Government Code §65402, the Community Development Department determines the proposed property sale is neutral in regard to conformity with the Stockton General Plan. Abandonment of the easements has no effect on the adjacent development which has previously found to be in conformance with the Stockton General Plan.
It has been determined by the Community Development Department that the action/project of both the City and of the Successor Agency are exempt from the requirements of the California Environmental Quality Act (CEQA) as the project has been granted a “Statutory Exemption” under article 19 and, specifically by Section 15312, Class 12 of the State CEQA Guidelines. In accordance with Section 65402 of the Government Code, the Community Development Department further determined that the project or actions of the City and the Successor Agency conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Planning Manager
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
Exhibit 1 52
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Excess City Property
CEQA Exemption File No.: NOE25-21
Applicant: City of Stockton, Economic Development Department Project Description/Location: The City of Stockton is proposing to deem properties as excess located at: 530, 534, 536 East Lafayette Street and 411 South Stanislaus (APNs 149-095-02; -03; -04 and 149-261-21); 7823 Amber Way (APN 077-300-02); 7826 Amber Way (APN 077-300-01); 1450 West Hammer Lane (APN 077-490-01); South Pointe property West Weber (APN 145-270-06; -09; -10 and 145-190-03); 25 North Grant (APN 149-180-17); 723 East Main Street (APN 149-180-21); Miner’s Levee (APN 137-410-09); 6 East Lindsey (APN 139-080-01); 20 East Lindsay (APN 139- 080-02); and 345 North El Dorado (APN 139-080-04)
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).
X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15312, Class 12 The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR April 30, 2021
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERTY AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
Exhibit 1 53
EXHIBIT 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT made and entered into on ____________ by and between Skyway Developers Builders, LLC ("Buyer") and THE CITY OF STOCKTON, a municipal corporation in the County of San Joaquin, State of California("Seller".) IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Seller agrees to sell and grant fee title to Buyer, and Buyer agrees to purchase from Seller, that certain real property located at 7823 and 7826 Amber Way, City of Stockton, County of San Joaquin, State of California APN’s 077-300-02 & 077-300-01 ("Property"), and described in Exhibit "A" attached hereto and incorporated by this reference, upon the terms and conditions set forth in this Agreement subject to those liens, encumbrances, conditions, restrictions, easements, and rights of possession of record.
2. The total purchase price to be paid by Buyer for the Property shall be the sum of SIXTY THOUSAND DOLLARS ($60,000). Buyer will make a deposit of SIX THOUSAND DOLLARS ($6,000) into escrow within two (2) days of mutual execution of this agreement. Deposit to become non-refundable upon expiration of the due diligence period.
3. Buyer agrees to accept the Property in its present "as is" condition based upon Buyer's own independent investigation of the Property and condition of title. Seller makes no representation or warranty as to the Property's present condition or suitability for present or future uses.
4. Cost of documentary transfer taxes, if any, shall be paid by Seller. The Cost of the CLTA insurance, Escrow fees, and Escrow Holder's customary out-ofpocket expenses for messenger services, long distance telephone, etc. shall be paid in equal parts by Buyer and Seller. Buyer to be solely responsible for any additional ALTA owner’s coverage requested on the property.
5. Taxes, assessments, penalties, interest charges, delinquency charges, and municipal service charges of any kind levied upon or assessed against the Property in the Seller's name, except as otherwise expressly set forth herein, shall be paid by Seller to the date of recording.
6. For the purpose of conveying the herein described fee title to Buyer, Seller shall execute, acknowledge and deliver a Grant Deed, for recordation with the San Joaquin County Recorder, to be used in accordance with this Agreement, upon completion by Buyer of all necessary conditions.
54 EXHIBIT 2
7. Buyer acknowledges and agrees that each part of the Property shall be conveyed subject to a deed restriction in satisfaction of Section 54233 of the California Government Code. The restriction shall be recorded with the San Joaquin County Recorder.
8. For the benefit of Buyer, the Close of Escrow and Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to Buyer's approval of a Preliminary Title Report issued by Old Republic Title Company and Buyer will have ten (10) days from the date of this Agreement to approve the Preliminary Title Report. Buyer will have forty-five (45) days to perform its due diligence inspections and reviews. Buyer will have 10 days from the Effective Date of the agreement to request due diligence items from Seller and Seller will have 10 days to deliver requested items in its possession.
9. The Close of Escrow shall be no later than the first business day occurring sixty (60) days after the Effective Date of this Agreement signed by both Buyer and Seller. Each party agrees to execute escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.
10. Buyer acknowledges that if desired, it will perform its own due diligence inspections of the property and agrees to hold the Seller harmless as to the condition of any improvements located on the property at time of close of escrow. Buyer agrees that the information obtained from Seller or pursuant to any inspections completed by Buyer shall be kept in confidence and will not be revealed to outside parties other than lenders, principals, affiliates or clients or as required by law or for valid business purpose of Buyer.
Buyer agrees to indemnify, save, hold harmless, and at City's request, defend the City, its officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Buyer or its contractor, officers, agents, sub-contractors, employees, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in regards to performing any due diligence inspections under this Agreement, and from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of Buyer, contractor, its officers, agents, or employees while performing any due diligence inspections under this Agreement. The duty to defend and the duty to indemnify are separate and distinct obligations. These duties shall survive the termination of this agreement.
11. Buyer shall, upon request by Seller, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement.
55 EXHIBIT 2
12. Any notice which either party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other party at the address shown below or at such other place as may be designated by the parties from time to time, and any notice so mailed shall be deemed received on the third day after mailing.
Buyer's address: Skyway Developers Builders, LLC
Joseph Villalobos
951 Auzerais Avenue
San Jose, CA 95126
Seller's address: City of Stockton
Economic Development Department
400 E. Main Street, Fourth Floor
Stockton, CA 95202
[email protected]
Escrow Holder: Old Republic Title Company
3425 Brookside Road, Suite C
Stockton, CA 95219
Attn: Diana Contreras
13. Time is of the essence of this Agreement.
14. This Agreement is subject to final approval of the City Manager of the City of Stockton.
15. If suit should be brought for any sum due or the enforcement or declaration of any obligation or right hereunder, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.
16. This Agreement shall bind and inure to the benefit of the parties and their respective successors, heirs, executors, administrators and assigns.
17. This agreement represents the entire and integrated agreement between Seller and Buyer and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by Seller and Buyer.
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//
56 EXHIBIT 2
18. The undersigned represent and warrant they are duly authorized to execute the Agreement and to bind the parties.
DATED:
"SELLER" "BUYER"
CITY OF STOCKTON
___________________________ _____________________________________
HARRY BLACK SKYWAY DEVELOPERS BUILDERS, LLC
CITY MANAGER
APPROVED AS TO FORM AND CONTENT:
JOHN M. LUEBBERKE
CITY ATTORNEY
By: ________________________
CITY ATTORNEY
57 EXHIBIT 2
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situated in the City of Stockton, County of San Joaquin, State of California, described as follows:
Parcel 1:
Lot No. 309 of Tract No. 425, Unit No. 4 of Park Woods, according to the Official Map filed in Vol. 14 of Maps, page 52, San Joaquin County Records.
APN: 077-300-02
Parcel 2:
The West 120 Feet of Lot No. 318 of Tract No. 425, Unit No. 4 of Park Woods, according to the Official Map filed in Vol. 14 of Maps, page 52, San Joaquin County Records.
APN: 077-300-01
End of legal description
58 City of Stockton
Legislation Text
File #: 21-0782, Version: 1
APPROVE SALE OF EXCESS REAL PROPERTY LOCATED AT 25 NORTH GRANT AND 725
EAST MAIN STREET
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1) Authorizing the filing of Notice of Exemption No. 25-21 under the California Environmental Quality Act (CEQA) for the disposition of real property located at 25 North Grant Street, APN 149-180-17 and 725 East Main Street, APN 149-180-21.
2) Authorizing the disposition of the City-owned parcels located at 25 North Grant and 725 East Main Street to Dru Hunt in the amount of $60,000.
3) Authorizing the City Manager, or designee, to execute the Purchase and Sale Agreement with Dru Hunt.
4) Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The 25 North Grant Street property was acquired in 2002 by Council Resolution 02-0399 and 725 East Main in 2002 by Council Resolution 02-0557 (Attachment A - Resolution 02-0399 & 02-0557).
An offer of $60,000 has been received from Dru Hunt (“Buyer”), owner of the adjoining property. AllCity Departments have been surveyed to determine the property as excess.
Disposition of this parcel will allow the property to serve a useful purpose and provide revenue to the City. This action will allow for City-owned real property, which is unnecessary for present or prospective public use, to be eliminated from the maintenance program, thereby reducing future City costs. Staff recommends that the City Council adopt the proposed resolution for the disposition of real property located at 25 North Grant Street, APN 149-180-17 and 725 East Main Street, APN 149- 180-21, in the amount of $60,000 (Attachment B - Vicinity Map and Attachment C - Aerial Map).
DISCUSSION
Background
Administrative Directive HRD-02 (HRD-02) (Attachment D) establishes standard procedures for the sale of real property belonging to the City. Specifically, the procedures allow all real property that is surplus to the City’s present, and anticipated future needs to be sold and serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City’s General Fund. HRD-02 requires that any department that becomes aware that a City property is no longer necessary for use notify the City of Stockton Page 1 of 3 Printed on 1/4/2022
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59 File #: 21-0782, Version: 1
any department that becomes aware that a City property is no longer necessary for use notify the Economic Development Department (EDD), which will explore the possibility of disposing of the property. EDD will initiate the process by circulating details about the property to all City Departments to determine if the property is excess. Once the property is deemed excess, EDD submits the property(ies) to the City Manager, together with a recommendation that the property be declared excess and sold. The Council must approve the disposition of City real property.
The State of California’s Surplus Land Act (AB 1486) requires that the City send notices offering the property first to public agencies and any developers who have notified the California Department of Housing and Community Development (HCD) of their interest in developing affordable housing on surplus land. Public agencies and developers will have sixty (60) days to notify the City in writing of interest in purchasing or leasing any properties. Should the City receive notification from a party interested in acquiring or leasing the subject property, a 90-day good faith negotiation period begins to determine if a mutually satisfactory sales price and terms can be agreed upon. If the price or terms cannot be agreed upon after the good faith negotiation period, the land may be disposed of. If the City receives no inquiries, it may then list the subject property for sale or solicit proposals for development. This process must be followed before the City can dispose of any City-owned real property assets. The subject properties were deemed surplus by Resolution 2021-05-11-1204 (Attachment E).
The 25 North Grant Street property consists of approximately 0.11-acres of land, is zoned CD (Commercial), and is a former locksmith shop. In December 2019, the roof partially collapsed in a section of the building, and that area has been partially demolished. The 725 East Main Street property is a vacant parcel consisting of 0.34-acres of land zoned CD (Commercial). The parcel is the former site of the Earle Hotel, which was involved in a fire in 2014 and subsequently demolished.
Present Situation
In October 2021, City staff and Buyer agreed to a purchase price of $60,000 for the two parcels. The Buyer is a longtime Stocktonian and local businessman. The Buyer intends to revitalize the corner of Grant and Main Street by combining the City’s two parcels with the Buyer’s adjacent parcel into a vibrant art center. The complex will house community and private events, thus giving the underutilized parcel a purpose and contributing to Stockton’s economic base and downtown revitalization. There are few similar comps in the area; however, given the years the property has remained vacant, necessary repairs, and the contribution to the community the art center would bring, staff believes the offer is fair. The Buyer is very motivated and has already completed repairs and improvements to his adjacent property, which was purchased in March 2021.
Staff surveyed all City Departments to declare the property excess.
NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record on December 29, 2021.
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60 File #: 21-0782, Version: 1
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this activity/project regarding the sale of the property located at 25 North Grant Street, APN 149-180-17 and 725 East Main Street, APN 149-180-21, is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Statutory Exemption” under Article 19 and, specifically 15312, Class 12 of the State CEQA guidelines. In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
If approved by Council and upon close of escrow of the property, the gross amount of $60,000, less closing costs, advertising, filing, and miscellaneous fees, will be deposited into 0000-000-520001-100 -000-00-00-000-000-, the Disposition/Fixed Assets/Sale of Fixed Assets Fund.
Attachment A - Resolution 02-0399 & 02-0557
Attachment B - Vicinity Map
Attachment C - Aerial Map
Attachment D - Administrative Directive HRD-02
Attachment E - Resolution 2021-05-11-1204
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61 ATTACHMENT A 62
ATTACHMENT A 63
ATTACHMENT A 64
ATTACHMENT A 65
ATTACHMENT A 66
ATTACHMENT A 67
ATTACHMENT A 68
ATTACHMENT A 69
ATTACHMENT A 70
ATTACHMENT A 71
ATTACHMENT A 72
VICINITY MAP ATTACHMENT B
APN 149-180-17
APN 149-180-21
73 25 N. Grant Street
725 E. Main Street
APN 149-180-17
APN 149-180-21
AERIAL MAP ATTACHMENT C 74
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.1 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
I. PURPOSE
To establish standard procedures for the sale of real property belonging to the City of Stockton in order to identify individual and departmental responsibilities.
II. POLICY
Real Property that is surplus to the City's present and anticipated future needs should be considered for sale in order that it may serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City General Fund.
III. PROCEDURE
A. Any department, upon becoming aware that a property is no longer necessary for use, shall notify the Housing and Redevelopment Department (HRD) which will investigate the possibility of a sale. HRD shall initiate the process by circulating a sketch of the property to all City Departments to determine if it is excess to City needs and if any easements must be reserved for existing City utilities or future use.
B. Upon receipt of department responses and providing the property is not required for any City purpose, HRD shall submit a map of the property to the City Manager together with a recommendation that the property be declared excess and sold.
C. The City Manager shall advise the City Council that the property is excess and a sale will be attempted.
D. Upon declaration by the City Manager that the property is surplus, the Housing and Redevelopment Department, Real Property Section, shall:
1. Request the Public Works Department to prepare a map and legal description of the parcel. The legal description should contain a reservation of mineral rights below a depth of 500 feet.
ATTACHMENT D 75
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.2 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
2. Obtain and place a "For Sale" sign on the surplus property.
3. Negotiate appraisal fee and order appraisal from a qualified independent appraiser. A qualified member of the Real Property Section staff may perform a staff estimate in cases where value is nominal or if otherwise directed by the City Manager.
4. Coordinate with appraiser to develop appraisal assumptions and limiting or special conditions.
5. Upon receipt or completion of the appraisal, conduct a staff appraisal review and have the appraiser make modifications or corrections, if necessary.
6. Submit a written appraisal review to the City Manager with recommendations for establishing a minimum sales price and the method of sale. The City Manager's execution and return of the approved appraisal review shall constitute authorization to proceed with the sale of the subject property.
7. Determine if the property is capable of independent development based on parcel size, frontage and setback requirements and provisions of applicable planning and zoning ordinances. a. If the property is not capable of independent development, it would first be offered to all adjoining property owners at the appraised value with the condition that any subsequent sale would require a lot merger of the subject parcel with the abutting owner's property. If more than one adjoining owner is interested in acquiring the subject property, the sale will be referred to the Finance Department, Purchasing Agent, to conduct a private bid sale between adjoining owners together with a recommendation for a minimum bid price (generally no less than 80% of appraised value). If no purchaser is identified by this process, the property would then be offered to the ATTACHMENT D 76
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.3 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
general public.
b. If the property is capable of independent development, notices offering the property for sale at current market value shall be sent to various public agencies pursuant to Government Code Section 54220, et seq. and if no purchaser is identified by this process, the property shall be offered for sale to the general public.
8. Sale to General Public.
a. When the subject property is capable of independent
development but not purchased by a public agency, and in those cases where the abutting owner(s) of property incapable of independent development are not interested in purchasing, the property shall be referred to the Finance Department, Purchasing Agent for sale to the general public. Such referral shall include documentation for the sale as appropriate, and a recommendation for either sealed bid or auction, based on the relative value of the property, the number of prospective purchasers, etc.
b. All written bids (including written bids submitted to qualify for oral bidding) shall be accompanied by a deposit of at least 10 percent of the amount of the bid in the form of a certified check, cashiers check or money order.
c. Upon completion of the oral bidding, the Purchasing Agent shall coordinate with the Real Property Section for execution of an Acknowledgment of Receipt of Earnest Money and Offer of Purchase by the successful bidder and the City. All contracts are to be approved as to form by the City Attorney's Office. d. Unsuccessful bidder's deposits shall be returned at the conclusion of oral bidding.
ATTACHMENT D 77
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.4 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
e. If after reasonable market exposure no purchaser has been identified, HRD shall submit a memorandum to the City
Manager containing a recommendation for continued sales efforts or retention of the property.
9. Request environmental clearance for the sale of the property from the Community Development Department, Planning Division, including a request for a determination as to conformity with the General Plan.
10. Prepare a Council agenda report covering the proposed property sale and submit to the City Manager. The City Attorney shall prepare the required resolution.
11. Upon approval of the City Manager, send "Notice of Intention to Sell Real Property Interest" to the City Clerk for publishing in the legal notice section of the Stockton Record.
12. Process all documents required to close escrow or otherwise complete the sale. Deposit all proceeds of sale into General Fund Account No. 010-000-461.00.00. Notify the Purchasing Agent to transfer any deposits from the in-and-out trust account to the General Fund account and notify the Finance Department, Accounting Division of the sale.
13. Update city property index and file to reflect the sale.
E. For the sale of real property without bids:
1. The City Council may, by resolution, provide for the sale of real property without first calling for bids:
a. When the bid procedure as set forth in this directive has been used and no bids have been received; or
b. When it finds that such action will be in the best interest of the City.
ATTACHMENT D 78
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
SUbject: Directive No. HRD-02 Page No.5 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Date: 9/1/02
Reviewed: 7/7/06
2. The resolution provided for in Section E(1) shall direct the City Manager to sell such property on the terms and conditions as may be specified by Council.
3. A deed, conveying the right, title and interest which the City may have in the property shall be given to the purchaser of any property sold pursuant to this Section, upon prior payment in cash, by certified check, by cashier's check, or by money order, of the full purchase price and any incidental expenses pertaining to the transaction.
APPROVED
J. GORDON P LMER, JR.
CITY MANAGER
::ODMAIGRPWISEICOS.CM.CM_Library:50801.1
ATTACHMENT D 79
ATTACHMENT E 80
No. APN ADDRESS LAND SIZE CURRENT USE
1 149-095-02 530 E Lafayette St 0.11 acres Vacant Land
2 149-095-03 534 E Lafayette St 0.09 acres Vacant Land
3 149-095-04 536 E Lafayette St 0.14 acres Vacant Land
4 149-261-20 411 S Stanislaus St 1.66 acres Vacant Land 5 077-300-02 7823 Amber Wy 0.13 acres Vacant Land
6 077-300-01 7826 Amber Wy 0.11 acres Vacant Land
7 077-490-01 1450 W Hammer Ln 0.21 acres Vacant Land
8 145-270-06 833 W Weber 3.73 acres Vacant Land
9 145-270-09 705 W Weber 3.08 acres Vacant Land
10 145-270-10 Weber Avenue 0.29 acres Vacant Land
11 145-190-03 855 W Weber 1.97 acres Vacant Land
12 149-180-17 25 N Grant 0.11 acres Vacant Land
13 149-180-21 725 E Main 0.34 acres Vacant Land
14 137-410-09 Miner's Levee 2.00 acres Vacant Land
CITY EXCESS PROPERTY
ATTACHMENT E 81
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SALE OF EXCESS REAL PROPERTY LOCATED AT 25 NORTH GRANT AND 725 EAST MAIN STREET
Dru Hunt has offered to purchase City of Stockton owned property located at 25 North Grant Street (APN 149-180-17) and 725 East Main Street (APN 149-180-21) for $60,000; and
The 0.11-acre property is a partial building, and .34-acre property is currently vacant land, and an offer was received from the adjacent property owner; and All City Departments have been surveyed to determine the property as excess; and
The disposition of the subject property will allow it to serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City; and The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” per CEQA Guidelines by section 15312, Class 12; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager is authorized to approve the filing of Notice of Exemption No. NOE25-21 under CEQA, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. In accordance with section 65402 of the Government Code, this action has been determined to conform to the City’s General Plan Policy Document, as amended.
3. The City is hereby authorized to sell and convey to Dru Hunt a 0.11-acre and .34-acre site located at 25 North Grant and 725 East Main Street, as more particularly described in the Purchase and Sale Agreement, which is attached hereto as Exhibit 2, and incorporated by this reference, and to settle all costs of every kind and description resulting from the disposition of said interest in real property. //
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82 4. The City Manager is hereby authorized to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 11, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
83 MEMORANDUM
April 30, 2021
TO: Amanda Thomas, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Planning Manager
Community Development Department
SUBJECT: CEQA NOE – EXCESS CITY PROPERTY: NOE25-21
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton is proposing to deem properties as excess located at: 530, 534, 536 East Lafayette Street and 411 South Stanislaus (APNs 149-095-02; -03; -04 and 149-261-21); 7823 Amber Way (APN 077-300-02); 7826 Amber Way (APN 077-300-01); 1450 West Hammer Lane (APN 077-490-01); South Pointe property West Weber (APN 145-270-06; -09; -10 and 145-190-03); 25 North Grant (APN 149-180-17); 723 East Main Street (APN 149-180-21); Miner’s Levee (APN 137-410-09); 6 East Lindsay (APN 139-080-01); 20 East Lindsay (APN 139-080-02); and 345 North El Dorado (APN 139-080-04). See attachment A for specific locations.
In accordance with Government Code §65402, the Community Development Department determines the proposed property sale is neutral in regard to conformity with the Stockton General Plan. Abandonment of the easements has no effect on the adjacent development which has previously found to be in conformance with the Stockton General Plan.
It has been determined by the Community Development Department that the action/project of both the City and of the Successor Agency are exempt from the requirements of the California Environmental Quality Act (CEQA) as the project has been granted a “Statutory Exemption” under article 19 and, specifically by Section 15312, Class 12 of the State CEQA Guidelines. In accordance with Section 65402 of the Government Code, the Community Development Department further determined that the project or actions of the City and the Successor Agency conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Planning Manager
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
Exhibit 1 84
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Excess City Property
CEQA Exemption File No.: NOE25-21
Applicant: City of Stockton, Economic Development Department Project Description/Location: The City of Stockton is proposing to deem properties as excess located at: 530, 534, 536 East Lafayette Street and 411 South Stanislaus (APNs 149-095-02; -03; -04 and 149-261-21); 7823 Amber Way (APN 077-300-02); 7826 Amber Way (APN 077-300-01); 1450 West Hammer Lane (APN 077-490-01); South Pointe property West Weber (APN 145-270-06; -09; -10 and 145-190-03); 25 North Grant (APN 149-180-17); 723 East Main Street (APN 149-180-21); Miner’s Levee (APN 137-410-09); 6 East Lindsay (APN 139-080-01); 20 East Lindsay (APN 139- 080-02); and 345 North El Dorado (APN 139-080-04)
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).
X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15312, Class 12 The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR April 30, 2021
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
AMANDA THOMAS, REAL PROPERTY AGENT (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
Exhibit 1 85
Exhibit 2
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This AGREEMENT made and entered into on ____________ by and between Dru Hunt ("Buyer") and THE CITY OF STOCKTON, a municipal corporation in the County of San Joaquin, State of California, ("Seller") IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Seller agrees to sell and grant fee title to Buyer, and Buyer agrees to purchase from Seller, that certain real property located at 25 North Grant Street and 725 East Main Street, City of Stockton, County of San Joaquin, State of California APN’s 149-180-17 & 149-180-21 ("Property"), and described in Exhibit "A" attached hereto and incorporated by this reference, upon the terms and conditions set forth in this Agreement subject to those liens, encumbrances, conditions, restrictions, easements, and rights of possession of record.
2. The total purchase price to be paid by Buyer for the Property shall be the sum of SIXTY THOUSAND DOLLARS ($60,000). Buyer will make a deposit of SIX THOUSAND DOLLARS ($6,000) into escrow within two (2) days of mutual execution of this agreement. Deposit to become non-refundable upon expiration of the due diligence period.
3. Buyer agrees to accept the Property in its present "as is" condition based upon Buyer's own independent investigation of the Property and condition of title. Seller makes no representation or warranty as to the Property's present condition or suitability for present or future uses.
4. Cost of documentary transfer taxes, if any, shall be paid by Seller. The Cost of the CLTA insurance, Escrow fees, and Escrow Holder's customary out-ofpocket expenses for messenger services, long distance telephone, etc. shall be paid in equal parts by Buyer and Seller. Buyer to be solely responsible for any additional ALTA owner’s coverage requested on the property.
5. Taxes, assessments, penalties, interest charges, delinquency charges, and municipal service charges of any kind levied upon or assessed against the Property in the Seller's name, except as otherwise expressly set forth herein, shall be paid by Seller to the date of recording.
6. For the purpose of conveying the herein described fee title to Buyer, Seller shall execute, acknowledge and deliver a Grant Deed, for recordation with the San Joaquin County Recorder, to be used in accordance with this Agreement, upon completion by Buyer of all necessary conditions.
86 Exhibit 2
7. Buyer acknowledges and agrees that each part of the Property shall be conveyed subject to a deed restriction in satisfaction of Section 54233 of the California Government Code. The restriction shall be recorded with the San Joaquin County Recorder.
8. For the benefit of Buyer, the Close of Escrow and Buyer's obligation to consummate the purchase of the Property shall be contingent upon and subject to Buyer's approval of a Preliminary Title Report issued by Old Republic Title Company and Buyer will have ten (10) days from the date of this Agreement to approve the Preliminary Title Report. Buyer will have forty-five (45) days to perform its due diligence inspections and reviews. Buyer will have 10 days from the Effective Date of the agreement to request due diligence items from Seller and Seller will have 10 days to deliver requested items in its possession.
9. The Close of Escrow shall be no later than the first business day occurring sixty (60) days after the Effective Date of this Agreement signed by both Buyer and Seller. Each party agrees to execute escrow instructions as may be necessary or proper in order to consummate the transaction contemplated by this Agreement.
10. Buyer acknowledges that if desired, it will perform its own due diligence inspections of the property and agrees to hold the Seller harmless as to the condition of any improvements located on the property at time of close of escrow. Buyer agrees that the information obtained from Seller or pursuant to any inspections completed by Buyer shall be kept in confidence and will not be revealed to outside parties other than lenders, principals, affiliates or clients or as required by law or for valid business purpose of Buyer.
Buyer agrees to indemnify, save, hold harmless, and at City's request, defend the City, its officers, agents, and employees from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to the City in connection with the performance, or failure to perform, by Buyer or its contractor, officers, agents, sub-contractors, employees, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in regards to performing any due diligence inspections under this Agreement, and from any and all costs and expenses (including attorney and legal fees), damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of Buyer, contractor, its officers, agents, or employees while performing any due diligence inspections under this Agreement. The duty to defend and the duty to indemnify are separate and distinct obligations. These duties shall survive the termination of this agreement.
11. Buyer shall, upon request by Seller, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement.
87 Exhibit 2
12. Any notice which either party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other party at the address shown below or at such other place as may be designated by the parties from time to time, and any notice so mailed shall be deemed received on the third day after mailing.
Buyer's address: Dru Hunt
Michael Grech
2104 W. Alpine
Stockton, CA 95204
Seller's address: City of Stockton
Economic Development Department
400 E. Main Street, Fourth Floor
Stockton, CA 95202
[email protected]
Escrow Holder: Old Republic Title Company
3425 Brookside Road, Suite C
Stockton, CA 95219
Attn: Diana Contreras
13. Time is of the essence of this Agreement.
14. This Agreement is subject to final approval of the City Manager of the City of Stockton.
15. If suit should be brought for any sum due or the enforcement or declaration of any obligation or right hereunder, by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.
16. This Agreement shall bind and inure to the benefit of the parties and their respective successors, heirs, executors, administrators and assigns.
17. This agreement represents the entire and integrated agreement between Seller and Buyer and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by Seller and Buyer.
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88 Exhibit 2
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18. The undersigned represent and warrant they are duly authorized to execute the Agreement and to bind the parties.
DATED:
"SELLER" "BUYER"
CITY OF STOCKTON
___________________________ ___________________________
HARRY BLACK DRU HUNT
CITY MANAGER
__________________________
APPROVED AS TO FORM AND CONTENT:
JOHN M. LUEBBERKE
CITY ATTORNEY
By: ________________________
CITY ATTORNEY
89 Exhibit 2
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situated in the City of Stockton, County of San Joaquin, State of California, described as follows:
Parcel 1:
Lot 16 and the West 1/3 of Lot 15 in Block 8, EAST OF CENTER STREET, in the City of Stockton, according to the Official Map or Plat thereof, San Joaquin County Records.
(commonly referred to as 25 N. Grant Street, APN 149-180-17) Parcel 2:
All of Lots 8 and 10 in Block 8 EAST OF CENTER STREET, in the City of Stockton, according to the Official Map or Plat thereof.
Also all that part of Lot 6 in Block 8 EAST OF CENTER STREET, being the East 46 ½ feet thereof, more or less, bounded on the West by the centerline of a division wall running North and South between certain buildings, and being all of said Lot 6, except the part thereof conveyed by Rudolph Gnekow and wife to their sons and daughters by Deed dated February 3, 1913 and recorded in Book "A" of Deeds, Vol. 208, page 106, San Joaquin County Records.
APN: 149-180-21
End of legal description
90 City of Stockton
Legislation Text
File #: 21-0844, Version: 1
ADOPT RESOLUTION TO APPROVE A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR FISCAL YEAR 2022-2023
RECOMMENDATION
It is recommended that the Successor Agency to the former Redevelopment Agency of the City of Stockton (“Successor Agency”) adopt a resolution:
1. Approving the Recognized Obligation Payment Schedule for the period of July 1, 2022, through June 30, 2023, (Exhibit 1 to the Resolution) as required under Health and Safety Code section 34177(o).
2. Authorizing the Executive Director to take necessary and appropriate actions to carry out the purpose and intent of the resolution.
Summary
The Successor Agency is required to submit an annual Recognized Obligation Payment Schedule (“ROPS”) each fiscal year. The ROPS is an annual schedule of Successor Agency payment obligations, which includes, payments for bonds, loans, legal expenses, property maintenance, and administration. The ROPS is subject to approval by the State Department of Finance (“DOF”) before the Successor Agency can receive Redevelopment Property Tax Trust Fund dollars (“RPTTF” - formerly tax increment). RPTTF can only be used to pay approved obligations listed on the ROPS.
This ROPS includes the maximum annual payment allowed to the city for loans it made to the former Redevelopment Agency, and the Successor Agency’s annual administrative budget. The administrative budget for ROPS 2022-2023 of $250,000 is the minimum allowed; keeping the administrative allowance at the minimum allows excess RPTTF to be used for other obligations or be distributed to the taxing entities.
The ROPS for July 1, 2022, through June 30, 2023 (“ROPS 22-23”), is due by February 1, 2022.
DISCUSSION
Background
Assembly Bills x1, 26, and 1484 (collectively the “Dissolution Law”) dissolved all existing California redevelopment agencies and replaced them with Successor Agencies effective February 1, 2012.
The City of Stockton elected to become the Successor Agency and is responsible for winding down the affairs of its former redevelopment agency (Attachment A - Resolution No. 11-0251). Successor agencies are required to submit an annual ROPS by February 1 of each year. If an approved ROPS City of Stockton Page 1 of 3 Printed on 1/4/2022
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91 File #: 21-0844, Version: 1
is not submitted by the due date, the City is subject to a civil penalty of $10,000 per day. In addition, the Successor Agency’s annual administrative cost allowance may be reduced by 25 percent. The administrative cost allowance is capped at three percent (3%) of the RPTTF distributed to the Successor Agency, less administrative costs, and City loan repayments, in the preceding fiscal year.
The minimum allowance is $250,000.
As part of dissolution, an Oversight Board to the Stockton Successor Agency (“Oversight Board”) was established and was responsible for approving or directing the actions of the Successor Agency.
Oversight Board actions are subject to the approval of the DOF. In July 2018, the County AuditorController established a consolidated Oversight Board to oversee all successor agencies within San Joaquin County. The adoption of the bylaws and Conflict of Interest Code of the Countywide Oversight Board to the Successor Agency of the County of San Joaquin was approved at the November 7, 2018, Oversight Board meeting.
The consolidated County Oversight Board consists of seven members representing the cities, County, and taxing entities. The City of Stockton’s Mid-Management/Supervisory Level B&C (B&C) organization appointed Raquel Chavarria, as the Oversight Board member to represent the City of Stockton.
The annual ROPS must be approved by the Oversight Board, submitted to State and County offices, and posted online by February 1, 2022. The ROPS lists all enforceable obligations, which include:
· Bonds. A reserve may be held when required by the bond indenture or when the next property tax allocation will be insufficient for the next payment due in the following half of the calendar year.
· Loans that are legally required to be repaid pursuant to a repayment schedule or other mandatory loan terms.
· Judgments or settlements entered by a competent court of law or binding arbitration decisions against the former redevelopment agency.
· Contracts or agreements necessary for the administration or operation of the successor agency, including agreements concerning litigation expenses related to assets or obligations, judgments and settlements, and costs of maintaining assets prior to disposition. · Loans from the City to the former Agency, as approved by the Oversight Board and DOF.
In November 2015, the Oversight Board approved 51 City loans totaling $37.5 million in principal and interest. The DOF reviewed the loan agreements and supporting documentation and approved $23.8 million of the loans for repayment (Attachment B - City Loans - Letter from California Department of Finance). The remaining loans did not qualify under Dissolution Law or were denied due to the lack of signed loan agreements between the former Redevelopment Agency and the City. If appropriate documentation is located, the denied loans may be submitted to the DOF for additional review. The maximum payment amount for the City loans is listed on the ROPS. This amount is limited by an annual payment calculation. Dissolution Law requires that twenty percent (20%) of each City loan payment be deducted and transferred to the Low- and Moderate-Income Housing Fund (“LMIHF”) for affordable housing.
In August 2016, the DOF approved the refunding of several Successor Agency debt obligations, including the 2003 Housing Certificates of Participation, the 2004 Arena Bonds, and the 2006 Strong City of Stockton Page 2 of 3 Printed on 1/4/2022
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92 File #: 21-0844, Version: 1
Neighborhood Initiative Bonds. The refunding successfully closed on November 3, 2016, and resulted in a Net Present Value savings of $22 million. The average annual savings is $2 million, with a total savings of over $42 million. The refunded obligations were removed from the ROPS and the 2016 Bonds were added in their place. Savings will be distributed to the taxing entities, after obligations are paid, through the annual ROPS process.
Present Situation
Annual loan payments for the City loans are limited to one half (½) of the increase between the amount of excess tax increment distributed to the taxing entities in the current fiscal year and the 2012-13 base year. In Fiscal Year 2022-2023, the amount of $2,759,590 will be applied to City loan payments.
The September 2022 and March 2023 payments for the 2016 Bonds total $7,451,438, and as required under the bond agreements, the Successor Agency is also requesting RPTTF for the September 2023 payment of $5,707,919. RPTTF for the latter payment will be reserved until the payment is due.
If changes are required prior to the next annual ROPS request, Dissolution Law allows the Successor Agency to modify its ROPS once a year, prior to October 1.
FINANCIAL SUMMARY
The ROPS must be filed by February 1 for the Successor Agency to receive the June 1 and January 2 distributions of RPTTF dollars to pay obligations listed on the ROPS. Final payment amounts are subject to change based on the amount of RPTTF available and the DOF review process. City loan payments will be applied to CDBG, and CIP balances of the DOF approved loans.
RPTTF will be deposited into the Successor Agency Administrative Fund 700-000. City loan payments will be transferred to the funds listed below, and twenty percent (20%) of the payment amounts will be transferred to the LMIHF 290-293 as required by Dissolution. The Capital Improvement Program (CIP) Payments will be programmed to the City’s General Fund, with a portion being allocated to CIP projects. The CDBG payments will be programmed back to the CDBG fund to be used for Economic Development activities. The twenty percent (20%) of each City loan payment will be programmed to LMIHF to assist with affordable housing activities. These payments are programmed in the yearly budget process.
Repayment Fund Fund % Loan
Payment
Transfer to
LMIHF
Net
Payment
300-301 - Capital Improvement Program 36.68% 1,012,346 (202,469) 809,877 230-230 - Community Development Block
Grant
63.32% 1,747,243 (349,449) 1,397,794
Total 100.00% 2,759,589 (551,918) 2,207,671
Attachment A - Resolution No. 11-0251
Attachment B - City Loans - Letter from California Department of Finance City of Stockton Page 3 of 3 Printed on 1/4/2022
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93 11-0251
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION THAT THE CITY OF STOCKTON ELECTS TO BECOME THE
SUCCESSOR AGENCY TO THE STOCKTON REDEVELOPMENT AGENCY AND
CHOOSES TO PERFORM HOUSING FUNCTIONS PREVIOUSLY PERFORMED BY
THE STOCKTON REDEVELOPMENT AGENCY
Assembly Bill x1 26 (AB 26) and Assembly Bill x1 27 (AB 27) were passed by the State Legislature on June 15, 2011, and signed by the Governor on June 28, 2011; and Among other things, AB 26 amends Sections 33500, 33501, 33607.5, and 33607.7 of the Health and Safety Code and adds Part 1.8 and Part 1.85 to the California Health and Safety Code; and
On August 11, 2011, the California Supreme Court granted a stay and later issued an amended stay on August 17, 2011, to prevent the operation of AB 26 and AB 27 (Stay), except for Part 1.8 of the Health and Safety Code (Health & Saf. Code, §§ 34161-34169.5); and
AB 26 outlines several actions which must be taken to dissolve redevelopment agencies including establishment of successor agencies to effectuate agency dissolution; and
AB 26 allows cities to elect to become successor agencies; and AB 26 allows cities to elect to perform housing functions previously performed by redevelopment agencies; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Without waiving its rights under the Stay, or any of its objections that certain or all of the provisions of AB 26 and AB 27 violate the State Constitution and other laws and are invalid and unenforceable, the City of Stockton hereby elects to become the Successor Agency to the Stockton Redevelopment Agency in accordance with Part 1.85 of AB 26.
2. Without waiving its rights under the Stay, or any of its objections that certain or all of the provisions of AB 26 and AB 27 violate the State Constitution and other laws and are invalid and unenforceable, the City of Stockton hereby elects to assume housing functions previously performed by the Stockton Redevelopment Agency in accordance with Part 1.85 of AB26.
3. All other legal prerequisites to the adoption of this Resolution have occurred.
City Atty:
ATTACHMENT A 94
4. The City Council hereby finds and determines that the foregoing recitals are true and correct.
5. The City Manager is hereby authorized to take such actions as are necessary and appropriate to comply with the Stay and to take such other actions that are necessary and appropriate to carry out the purpose and intent of this Resolution.
6. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED ---'-A-=u;..;o.g=us=t-=2..;;;..,3.'-=2=-=-0-=-1-'--1 __ _ ATIEST:
BONNIE PAIGE
City Clerk of the City of Stockton
::ODMA\GRPWISEICOS.HRD.HRD _Library: 106927.1
ATTACHMENT A 95
ATTACHMENT B 96
ATTACHMENT B 97
ATTACHMENT B 98
Redevelopment Agency of the City of Stockton
City Provided LoansPreviously reported in annual Statement of Indebtedness Report to the State Controller's Office Item
No.
Project Area
Purpose of Loan Date Debt
Incurred
LoanAuthority
Pg
No
OriginalAmount
Rate Term Fund Outstanding at
6/30/2015
Total P&I (adjusted)
DOF Review 12/18/15 DOF Approved
12/18/15
DOF Denied (loss)
12/18/15
1 Midtown Establishment of the Eastland Project Area 12/12/1989 C-89-150 3 120,000 $ 10% Open CDBG 711,433 $ $ Approved - $ - - 2 Midtown Implementation of the Eastland Red. Project:
acquisition, relocation, and demolition
3/1/1993 C-93-018 9 500,000 $ Open CDBG 120,000 - $ $ Approved 120,000 $ 120,000 - 3 Midtown Implementation of the Eastland Red. Project:
acquisition, relocation, and demolition
1/4/1994 C-94-002 12 500,000 $ Open CDBG 500,000 - $ $ Approved 500,000 $ 500,000 - 4 Midtown Infrastructure, traffic lights at CSU Stanislaus and Harding
11/26/2002 C-02-437 15 276,000 $ Open CIP - $ 1,000 $ Approved 1,000 $ 1,000 - 5 Midtown Development fees for the Parole office project 11/26/2002 Resolution R03- 014
18 143,954 $ 55 Years PFF - $ 143,954 $ Not a loan of money. Not eligible. 143,954 $ (143,954) 6 North
Stockton
Establishment of the North Stockton Project Area 7/15/2003 C-03-280 22 162,000 $ Open CDBG - $ 67,000 $ Approved 67,000 $ 67,000 - 7 South
Stockton
Administration and project costs for McKinley Neighborhood redevelopment projects 5/16/1976 C-77-280 24 1,016,766 $ Open CDBG 266,379 - $ $ Not eligible (reimbursement) 266,379 $ (266,379) 8 Waterfront Administrative and project costs for West End redevelopment projects
5/16/1976 C-77-280 24 213,171 $ Open CDBG 213,171 - $ $ 213,171 Not eligible (reimbursement) $ (213,171) 9 South
Stockton
Administration and project costs for McKinley
Neighborhood redevelopment projects
7/1/1977 C-77-280 24 1,558,663 $ Open CDBG 1,558,663 - $ $ Not eligible (reimbursement) 1,558,663 $ (1,558,663) 10 South
Stockton
Administrative and project costs Sharps Lane Villa neighborhood redevelopment projets 7/1/1977 C-77-280 24 420,669 $ Open CDBG 420,669 - $ $ Not eligible (reimbursement) 420,669 $ (420,669) 11 Waterfront Administrative and project costs West End acquisition, relocation, and demolition projects
10/6/1977 C-77-280 24 331,940 $ Open CDBG 331,940 - $ $ Not eligible (reimbursement) 331,940 $ (331,940) 12 Waterfront West End acquisition, relocation, and demolition projects
6/28/1978 Resolution
34,968
26 351,476 $ Open CDBG 351,476 - $ $ No loan agreement. May be eligible 351,476 with proof of RDA commitment
$ (351,476)
13 South
Stockton
McKinley Neighborhood redevelopment projects -elimination of blight, and to conserve/renew area 7/1/1978 Resolution
34,968
26 1,380,013 $ Open CDBG 1,380,013 - $ $ No loan agreement. May be eligible 1,380,013 with proof of RDA commitment
$ (1,380,013)
14 South
Stockton
McKinley Neighborhood redevelopment projects -elimination of blight, and to conserve/renew area 7/1/1979 Resolution
35,988
28 861,433 $ Open CDBG 861,433 - $ $ No loan agreement. May be eligible 861,433 with proof of RDA commitment
$ (861,433)
15 South
Stockton
McKinley Neighborhood redevelopment projects -elimination of blight, and to conserve/renew area 7/1/1980 Resolution
37,042
31 867,651 $ Open CDBG 867,651 - $ $ No loan agreement. May be eligible 867,651 with proof of RDA commitment
$ (867,651)
16 South
Stockton
McKinley Neighborhood redevelopment projects -elimination of blight, and to conserve/renew area 7/1/1981 Resolution
38,050
34 $ 702,959 - Open CDBG 702,959 $ $ 702,959 No loan agreement. May be eligible with proof of RDA commitment
$ (702,959)
17 South
Stockton
McKinley Neighborhood redevelopment projects -elimination of blight, and to conserve/renew area 7/1/1982 Resolution
39,082
37 536,014 $ Open CDBG 536,014 - $ $ No loan agreement. May be eligible 536,014 with proof of RDA commitment
$ (536,014)
18 South
Stockton
Manhattan Plaza affordable housing project 6/29/1999 C-90-081 41 56 $ 3,978 Open CDBG 563,978 - $ $ Approved 563,978 $ 563,978 - 19 Waterfront Union Pacific project - legal and professional costs for clean up of the UP site.
4/12/2005 C-05-083 43 146,800 $ Open CDBG 146,800 - $ $ Approved 146,800 $ 146,800 - 20 Waterfront Union Pacific project - legal and professional costs for clean up of the UP site.
6/5/2007 C-05-083 memo 46 289,922 $ Open CDBG 289,922 - $ $ No loan agreement or resolution 289,922 $ (289,922) 21 Waterfront Land acquisition for the Steamboat Landing project
4/16/1981 Ordinance 3449 48 $ - 79,323 Open CIP $ 79,323 $ Need proof property transferred and 79,323 RDA committed to repay.
$ (79,323)
22 Waterfront Land acquisition for the Office Towers project 8/20/1981 Ordinance 3492 52 525,987 $ Open CIP - $ 525,987 $ Need proof property transferred and 525,987 RDA committed to repay.
$ (525,987)
23 Waterfront Land acquisition for the Waterfront Warehouse project
12/24/1980 Ordinance 3417 56 432,551 $ Open CIP - $ 432,551 $ Need proof property transferred and 432,551 RDA committed to repay.
$ (432,551)
24 Waterfront Land acquisition for the Delta Gateway I project 11/5/1981 Ordinance 3506 63 $ - 99,578 Open CIP $ 99,578 $ Need proof property transferred and 99,578 RDA committed to repay.
$ (99,578)
25 Waterfront Land acquisition for the Delta Gateway II project 12/15/1982 Ordinance 3605 66 184,834 $ Open CIP - $ 184,834 $ Need proof property transferred and 184,834 RDA committed to repay.
$ (184,834)
26 Waterfront Land acquisition for the Townhouse I project 3/28/1983 Ordinance 3640 71 $ - 20,230 Open CIP $ 20,230 $ Need proof property transferred and 20,230 RDA committed to repay.
$ (20,230)
27 Waterfront Land acquisition for the Main Street project 9/29/1983 Ordinance 3688 74 $ - 80,800 Open CIP $ 80,800 $ Need proof property transferred and 80,800 RDA committed to repay.
$ (80,800)
28 Waterfront Loan and Development Agreement for Water
Front Project - Downtown Marina
6/17/1981 DA dated
12-01-80
77 206,406 $ 10% Open CDBG 5,498,379 $ $ Approved 418,709 $ 418,709 - 29 Waterfront Loan and Development Agreement for Water
Front Project - Waterfront Warehouse
9/10/1981 DA dated
12-01-80
77 753,056 $ 10% Open CDBG 19,646,887 $ $ Approved 1,522,365 $ 1,522,365 - 30 Waterfront Loan and Development Agreement for Water
Front Project - Steamboat Landing Project
5/10/1982 DA dated
12-01-80
77 1,025,078 $ 10% Open CDBG 24,963,093 $ $ Approved 2,051,890 $ 2,051,890 - 31 Waterfront Loan and Development Agreement for Water
Front Project - Office Tower II Project
5/10/1982 DA dated
12-01-80
77 854,220 $ 10% Open CDBG 20,802,334 $ $ Approved 1,709,885 $ 1,709,885 - 32 Waterfront Loan and Development Agreement for Water
Front Project - Office Tower I Project
7/7/1982 DA dated
12-01-80
77 854,220 $ 10% Open CDBG 20,659,001 $ $ Approved 1,706,515 $ 1,706,515 - 33 Waterfront Loan and Development Agreement for Water
Front Project - Delta Gateway I Project
8/26/1982 DA dated
12-01-80
77 555,546 $ 10% Open CDBG 14,546,961 $ $ Approved 1,107,100 $ 1,107,100 -
ATTACHMENT B
99 Item
No.
Project Area
Purpose of Loan Date Debt
Incurred
LoanAuthority
Pg
No
OriginalAmount
Rate Term Fund Outstanding at
6/30/2015
Total P&I (adjusted)
DOF Review 12/18/15 DOF Approved
12/18/15
DOF Denied (loss)
12/18/15
34 Waterfront Loan and Development Agreement for Water
Front Project - Delta Gateway II Project
6/20/1984 DA dated
12-01-80
77 437,048 $ 10% Open CDBG 9,690,046 $ 847,140 $ Approved 847,140 $ - 35 Waterfront West End projects - South Seawall extension, Weber Ave improvements, Edison St extension
10/14/1986 Resolution 86-
0658
82 3,183,132 $ - Open CIP 1,598,548 $ 1,598,548 $ No loan agreement. May be eligible with proof of RDA commitment
$ (1,598,548)
36 Waterfront Construction of South Shore Seawall 9/4/1990 C-90-171 83 $ - 2,954,347 Open CIP 2,954,347 $ 2,954,347 $ Approved 2,954,347 $ - 37 Waterfront Remediation on North Shore 4/25/2000 Resolution 00- 0080
86 $ - 21,040 Open GF $ 21,040 $ No loan agreement. May be eligible 21,040 with proof of RDA commitment
$ (21,040)
38 Waterfront Remediation on North Shore 2/29/2000 Resolution R00- 008
90 $ - 57,117 Open GF $ 57,117 $ Approved 57,117 $ 57,117 - 39 Waterfront Remediation on North Shore 2/29/2000 Resolution R00- 007
93 274,800 $ Open GF - $ 274,800 $ Approved 274,800 $ 274,800 - 40 Waterfront Fox (Bob Hope) Theatre Renovations 12/5/2000 C-00-442 amended
97 4,433,103 $ Open CIP - $ 4,543,103 $ Approved 4,543,103 $ 4,543,103 - 41 Waterfront Remediation on Banner Island 5/29/2001 Resolution R01- 037
103 375,000 $ 30 Years GF - $ 375,000 $ Approved 375,000 $ 375,000 - 42 Waterfront Land acquisition for Weber Point Grill project 8/28/2002 C-02-314 105 68,800 $ - Open CIP $ 68,800 $ Approved 68,800 $ 68,800 - 43 Waterfront Land acquisition for Cineplex Project 10/8/2002 C-02-369 111 635,000 $ Open CIP - $ 635,000 $ Approved 635,000 $ 635,000 - 44 Waterfront Land acquisition for Cineplex Project 10/8/2002 C-02-369 111 511,000 $ Open CPD - $ 511,000 $ Approved 511,000 $ 511,000 - 45 Waterfront Land acquisition for San Joaquin Council of Governments project
1/7/2003 C-02-440 115 332,000 $ Open CIP - $ 332,000 $ Approved 332,000 $ 332,000 - 46 Waterfront Land acquisition for San Joaquin Council of Governments project
1/7/2003 C-02-440
amended
119 161,000 $ Open CPD - $ 161,000 $ Approved 161,000 $ 161,000 - 47 Waterfront Development fees for the Cineplex project 8/29/2003 C-03-578 122 102,109 $ Varies 10 Years PFF $ 4,315 $ Not a loan of money. Not eligible. 4,315 $ (4,315) 48 Waterfront Construction costs - Cineplex project 2/18/2003 C-03-038 129 3,000,000 $ Open CIP - $ 3,000,000 $ Approved 3,000,000 $ 3,000,000 - 49 Waterfront Land acquisition for Stockton Record project 7/1/2003 C-00-122 132 175,000 $ Open CPD - $ 175,000 $ Approved 175,000 $ 175,000 - 50 Waterfront Development fees for the WorkNet Office project 8/4/2004 C-04-355 136 196,950 $ Open PFF - $ 196,950 $ Not a loan of money. Not eligible. 196,950 $ (196,950) 51 Waterfront Renovation - Hotel Stockton restaurant project 9/12/2006 Resolution 06- 0470
138 2,500,000 $ Open CIP - $ 2,500,000 $ No loan agreement. May be eligible 2,500,000 with proof of RDA commitment
$ (2,500,000)
$ 36,032,684 $ 144,672,479 $ 37,517,949 $ 23,849,549 $ (13,668,400) $ 37,517,949
Note Original Requested Approved Denied
Totals by Repayment Fund P&I 6/30/15 P&I 09/30/15 Loans Difference City General Fund 727,957 $ 727,957 GF 2.96% $ 706,917 $ (21,040) City Capital Improvement Fund 17,056,102 $ 17,056,102 CIP 48.36% $ 11,534,250 $ (5,521,851) Public Facility Fees 345,220 $ 345,220 PFF 0% $ - $ (345,220) Community Development Block Grant 125,696,201 $ 18,541,671 CDBG 45.12% $ 10,761,382 $ (7,780,289) Central Parking District 847,000 $ 847,000 CPD 3.55% $ - 847,000 $ 37,517,949 144,672,479 $ 23,849,549 $ (13,668,400) $
- - - -
1 Effective September 22, 2015, interest must be recalculated quarterly, at 3% simple interest from the date the Redevelopment Agency approved the loan.
ATTACHMENT B
100
Resolution No.
SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY
OF THE CITY OF STOCKTON
RESOLUTION ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND APPROVING CERTAIN RELATED ACTIONS FOR FISCAL YEAR 2022-2023 The Redevelopment Agency (“Redevelopment Agency”) for the City of Stockton (“City”) was duly created pursuant to the California Community Redevelopment Law (Part 1 [commencing with section 33000] of Division 24 of the California Health and Safety Code) (“Redevelopment Law”); and
On June 28, 2011, and June 27, 2012, the Governor of California signed into law Assembly Bills x1, 26 and 1484 (collectively the “Dissolution Law”) making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with section 34161) and Part 1.85 (commencing with section 34170) (“Part 1.85”) to Division 24 of the California Health and Safety Code (“Health and Safety Code”); and On August 23, 2011, pursuant to Dissolution Law, the Stockton City Council adopted Resolution No. 11-0251, allowing the City to serve as the successor agency to the former Redevelopment Agency of the City of Stockton (“Successor Agency”) upon dissolution of the Redevelopment Agency; and
On February 1, 2012, all California redevelopment agencies were dissolved; and Successor agencies are tasked with paying, performing, and enforcing obligations, and winding down the affairs of the former redevelopment agencies; and Pursuant to Health and Safety Code section 34177(I)(1), the Successor Agency is required to prepare a Recognized Obligation Payment Schedule (“ROPS”) prior to each fiscal period; and
For each recognized obligation, the ROPS must identify one or more of the following sources of payment: (i) Low and Moderate Income Housing Funds, (ii) bond proceeds, (iii) reserve balances, (iv) administrative cost allowance, and (v) the Redevelopment Property Tax Trust Fund but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation; and The ROPS for July 1, 2022 through June 30, 2023, must be approved by the Successor Agency’s Oversight Board and submitted to the Countywide Oversight Board of San 101
Joaquin County, the State Controller’s Office, California Department of Finance, and posted online no later than February 1, 2022; and
The Successor Agency’s ROPS, which is consistent with the requirements of the Health and Safety Code and other applicable law, is attached to this Resolution as Exhibit “1”; and
The ROPS includes the administrative cost allowance as allowed under Health and Safety Code section 34171(a)(3); and
The ROPS includes the maximum City loan payments as allowed under Health and Safety Code section 34191.4(b)(3)(A); and
Health and Safety Code section 34191.4(b)(3)(C) requires that twenty percent (20%) of any City loan payment be deducted and transferred to the Low- and Moderate-Income Housing fund; and
This Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, section 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines; and
The Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines; and
All the prerequisites with respect to the approval of this Resolution have been met; now, therefore,
BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The foregoing is true and correct and is a substantive part of this Resolution and all prerequisites to its adoption have occurred.
2. The adoption of this Resolution is not intended to and shall not constitute a waiver by the Successor Agency of any rights the Successor Agency may have to challenge the effectiveness and/or legality of all or any portion of AB x1, 26 or AB 1484 through administrative or judicial proceedings.
3. The ROPS attached hereto as Exhibit 1 and incorporated by this reference, and the administrative budget included on the ROPS are approved. 102
4. The Successor Agency determines that this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines section 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.
5. The Executive Director, or designee, is hereby authorized and directed to submit the ROPS in accordance with Health and Safety Code section 34177(l)(2).
6. The Executive Director, or designee, is hereby authorized to amend the budget as necessary to conform to the actual amount of tax increment received from the County Auditor-Controller.
7. The Executive Director, or designee, is hereby authorized to make the transfers required by Health and Safety Code section 34191.4(b)(3)(C).
8. The Executive Director, or designee, is hereby authorized to take such actions as are necessary and appropriate to comply with Health and Safety Code section 34177 and to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED January 11, 2021 .
KEVIN J. LINCOLN II
Chairperson of the Successor Agency
to the Former Redevelopment Agency
of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
Secretary of the Board,
Successor Agency
to the Former Redevelopment Agency
of the City of Stockton
103
Recognized Obligation Payment Schedule (ROPS 22-23) - Summary Filed for the July 1, 2022 through June 30, 2023 Period Successor Agency: Stockton City
County: San Joaquin
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
22-23A Total
(July -
December)
22-23B Total
(January -
June)
ROPS 22-23
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 5,668,519 $ - $ 5,668,519 B Bond Proceeds - - -
C Reserve Balance 5,668,519 - 5,668,519
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 2,884,589 $ 7,615,838 $ 10,500,427 F RPTTF 2,759,589 7,490,838 10,250,427
G Administrative RPTTF 125,000 125,000 250,000
H Current Period Enforceable Obligations (A+E) $ 8,553,108 $ 7,615,838 $ 16,168,946 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
EXHIBIT 1 104
Stockton City
Recognized Obligation Payment Schedule (ROPS 22-23) - ROPS Detail July 1, 2022 through June 30, 2023
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
22-23 Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$139,076,107 $16,168,946 $- $5,668,519 $- $2,759,589 $125,000 $8,553,108 $- $- $- $7,490,838 $125,000 $7,615,838 18 State Debt Third-Party
Loans
11/15/
2001
08/01/2012 State
Department
of Boating
and
Waterways
DBAW
Planning Loan
Waterfront 34,964 N $- - - - - - $- - - - - - $-
22 Agency Vs.
Union Oil
Litigation 09/28/
2004
12/31/2099 Brown &
Winters and/
or Union Oil
Union Oil
Dispute Re:
Ground Water
Contamination
(estimated
legal costs)
Waterfront 2,500,000 N $- - - - - - $- - - - - - $-
24 Civic Partners Litigation 06/25/
2005
12/31/2099 Freeman,
D□Aiuto,
Pierce,
Gurev,
Keeling &
Wolf
Developer
Claims RDA
Breached
Contract
(Estimated
legal defense
costs)
Waterfront 3,000,000 N $- - - - - - $- - - - - - $-
28 Agency vs.
Colberg
Litigation 06/29/
2005
12/31/2099 Brown &
Winters
Polanco Act
corrective
action trial
(Estimated
litigation and
oversight
costs)
Waterfront 2,000,000 N $- - - - - - $- - - - - - $-
46 Loan to
Waterfront
Miscellaneous 06/30/
2011
12/31/2099 Low/
Moderate
Income
Housing
Asset Fund
To cover
negative cash
position of
Agency
Waterfront 1,106,580 N $- - - - - - $- - - - - - $-
59 Administration
and
Operating
costs of the
Successor
Agency
Admin Costs 07/01/
2020
06/30/2021 City of
Stockton
Annual Budget
for
administration
and operation
of the SA
(Minimum
annual
administration
cost
allowance)
All 250,000 N $250,000 - - - - 125,000 $125,000 - - - - 125,000 $125,000 61 US
Department
of Housing
Third-Party
Loans
12/27/
2000
08/01/2020 US
Department
of Housing
Section 108
Loan - 1998
Note
Waterfront - N $- - - - - - $- - - - - - $-
EXHIBIT 1 105
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
22-23 Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
and Urban
Development,
Section 108
Loan - 1998
Note
and Urban
Development
64 Administration
and
Disposition of
Successor
Agency
Properties
Property
Dispositions
07/01/
2020
06/30/2021 City of
Stockton
Administrative,
property
maintenance,
and
professional
services costs
for remaining
Successor
Agency
properties until
sold per
approved
LRPMP.
(Estimated
annual cost:
maintenance,
taxes, escrow,
closing, staff
costs, etc.)
All 30,000 N $- - - - - - $- - - - - - $-
68 City Loan
repayments
pursuant to
HSC section
34191.4 (b)
City/County
Loan (Prior
06/28/11),
Cash
exchange
12/01/
1980
12/18/2050 City of
Stockton
(City 80%,
Low/Mod
Income
Housing
Fund 20%)
City loans and
advances for
redevelopment
purposes as
reauthorized
by the
Oversight
Board on
November 4,
2015, and
approved by
the DOF on
December 18,
2015.
All 4,506,832 N $2,759,589 - - - 2,759,589 - $2,759,589 - - - - - $- 69 2016 Tax
Allocation
Bonds, Series
A & B
Bonds Issued
After 12/31/10
10/19/
2016
09/30/2037 Wells Fargo
Corporate
Trust
2016 Tax
Allocation
Bonds, Series
A and B
All 119,939,812 N $7,451,438 - 5,668,519 - - - $5,668,519 - - - 1,782,919 - $1,782,919 70 2016 Tax
Allocation
Bonds, Series
A & B
(Retention for
payment due
in following
period)
Bonds Issued
After 12/31/10
10/19/
2016
09/30/2037 Wells Fargo
Corporate
Trust
Retention for
debt service
payment due
in following
period for the
2016 Tax
Allocation
Bonds, Series
All 5,707,919 N $5,707,919 - - - - - $- - - - 5,707,919 - $5,707,919 EXHIBIT 1 106
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
22-23 Total
ROPS 22-23A (Jul - Dec)
22-23A
Total
ROPS 22-23B (Jan - Jun)
22-23B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
A and B
pursuant to
the Indenture
of Trust.
EXHIBIT 1 107
Stockton City
Recognized Obligation Payment Schedule (ROPS 22-23) - Report of Cash Balances July 1, 2019 through June 30, 2020
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 19-20 Cash Balances
(07/01/19 - 06/30/20)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/19)
RPTTF amount should exclude "A" period distribution
amount.
6,794,506 237,480
2 Revenue/Income (Actual 06/30/20)
RPTTF amount should tie to the ROPS 19-20 total
distribution from the County Auditor-Controller
63,955 10,228,622
3 Expenditures for ROPS 19-20 Enforceable Obligations
(Actual 06/30/20)
5,559,772 5,457,561
4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
5,590,319
5 ROPS 19-20 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 19-20 PPA
form submitted to the CAC
No entry required 118,329
6 Ending Actual Available Cash Balance (06/30/20)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $1,234,734 $301,435 $(937,587)
EXHIBIT 1 108
Stockton City
Recognized Obligation Payment Schedule (ROPS 22-23) - Notes July 1, 2022 through June 30, 2023
Item # Notes/Comments
18 22
24 28
46 59
61 64
68 69
70 EXHIBIT 1 109
City of Stockton
Legislation Text
File #: 21-0930, Version: 1
MOTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. FOR BENEFITS CONSULTING SERVICES
RECOMMENDATION
It is recommended that the City Council authorize by motion the City Manager to execute an Agreement (Attachment A) with Alliant Insurance Services, Inc. for benefits consulting services. It is further recommended that this motion authorize the City Manager to take appropriate action to carry out the purpose and intent of this agreement.
SUMMARY
The City currently contracts with Gallagher Benefit Services to provide benefit consultant and actuary services. The agreement with Gallagher will expire on January 31, 2022. Pursuant to Stockton Municipal Code (SMC) 3.68.070, the Human Resources Department issued a Request for Proposals (RFP) on July 12, 2021, to solicit proposals for Benefit Consulting Services for the City of Stockton (City) employee benefits program. On October 29, 2021, the RFP Evaluation Committee (Committee) interviewed proposers and unanimously chose Alliant Insurance Services, Inc. (Alliant). If approved, the agreement with Alliant will commence on February 1, 2022, and continue for an initial three years until January 31, 2025, with an option to extend for two additional one-year option periods.
Alliant will bill the City for services rendered based on a flat fee as noted in the contract; however, annual fees shall not exceed $150,000 or $450,000 for the initial three-year term for providing comprehensive benefit consulting as required by the City. The billing structure is similar and consistent with the current benefits consultant contract.
It is recommended that Council approve a motion to approve findings pursuant to Stockton Municipal Code section 3.68.070 (SMC) and authorize the City Manager to execute a Professional Services Agreement with Alliant.
DISCUSSION
Background
The City provides a comprehensive benefits program, including a variety of health and voluntary benefits, to its active employees and their eligible dependents. For medical, the City offers five fully insured plan options through Kaiser Permanente; the Point-of-Service Plan since July 1, 2021, which is a three-tier plan consisting of a Health Maintenance Organization (HMO) Tier, Participating Provider Tier, and Non-Participating Provider Tier; Traditional HMO since 2011 and an HSA-Qualified High Deductible Health Plan HMO since 2016. In addition, the City also added the Sutter Health Plus plan in 2016. The City also offers two dental plan options through Delta Dental and one vision plan option through Vision Service Plan. Other City-provided benefits include a section 125 plan for health City of Stockton Page 1 of 4 Printed on 1/4/2022
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option through Vision Service Plan. Other City-provided benefits include a section 125 plan for health care, dependent care expenses, limited flexible spending account, and commuter benefits, life insurance, long-term disability, employee assistance services, and voluntary benefit plans such as supplemental life insurance, short term disability, accident, critical illness, and hospital indemnity.
In the past several years, the City has seen significant benefit-related changes affecting active employees and retirees. It is critical that the City have the assistance of industry experts to help manage insurance vendor relationships, including negotiating premium rates, ensuring continued compliance with legislative requirements such as the Affordable Care Act; and conducting required actuarial services. The City’s benefit consultant is also directly involved in working with staff on designing benefit plans that meet the specific needs of plan participants, helping to improve healthcare delivery, and developing cost containment measures that maintain and reduce program costs, all while providing the best possible level of customer service and competitive benefits to all employees.
Present Situation
Gallagher has been the City’s benefits consultant and provider of actuarial services since October 2017. Gallagher’s contract has been amended on two occasions to adjust the scope of services and associated costs as conditions have required. Although the current agreement automatically renewed on October 1, 2021, the City will amend the contract to set a termination date for January 31, 2022.
On July 12, 2021, the City Manager approved and authorized Human Resources staff to conduct the RFP process.
The RFP for Benefit Consulting Services was issued on September 9, 2021. The City received seven (7) proposals. These proposals were approved for the interview phase of the RFP, including Keenan & Associates (Oakland, CA), Alliant Insurance Services, Inc. (San Francisco, CA), Bolton an IMA Company (Pasadena, CA), Gallagher Benefit Services (Walnut Creek, CA), Burnham Benefits Insurance Services (Roseville, CA), Bohannon Insurance Group (Modesto, CA), and Segal (Glendale, CA).
The Committee was established to evaluate the proposals submitted and select the best available consulting company. The Committee was comprised of the Director of Human Resources, Deputy Director of Human Resources, Risk Manager/Safety Officer, Budget Officer, and a Human Resources Analyst I.
On October 29, 2021, the Committee interviewed the seven (7) proposers and asked vendor specific questions based on the responses to the RFP, as well as questions based on the following evaluation criteria:
1. Budgeting and reserve levels, rate development
2. Employee surveys
3. Compliance with federal and state law
After interviewing the seven (7) proposers and evaluating their responses, the Committee selected Alliant to provide benefits consulting services. The Committee unanimously ranked Alliant as their lead choice due to Alliant’s understanding of the City’s needs, which includes transitioning to Tyler Munis and mental health and wellness for public safety. The Committee also recognized Alliant’s understanding of the City’s unique needs through their work with many California public entities such City of Stockton Page 2 of 4 Printed on 1/4/2022
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understanding of the City’s unique needs through their work with many California public entities such as California Association of Highway Patrolmen, East Bay Municipal Utility District (EBMUD), City of Pleasanton, and City of San Jose.
Alliant has public entity expertise with over 1,000 public entity clients, including many cities, counties, special districts, community college districts, and K-12 public schools. Alliant’s experience will help the City to manage its health and welfare spend, reduce risk, improve employee benefits literacy, and have a meaningful and impactful wellness program. Alliant’s knowledge of the healthcare marketplace in conjunction with their expertise in working with clients of similar size positions them to deliver highly customized account level service to the City.
Alliant has an understanding of the needs of public employers in a collectively bargained environment and has been successful at finding cost savings without compromising employee benefit coverage.
Alliant works at the cutting edge of cost management strategies for employers and looks at approaches that can make an impact in lowering trends over a multi-year period. The above services were deemed superior by the review panel members as compared to the other proposals.
Findings
SMC section 3.68.070 provides an exception to the competitive bidding process in cases where the City Council has approved findings to support and justify this action.
Findings to justify an exception to the competitive bidding process are as follows:
1. The RFP process was utilized as an exception to the competitive bidding process, as selection based on cost alone does not necessarily guarantee the most appropriate vendor choice for specialty services such as benefits consulting. A strict competitive basis for selection would likely lower the quality of the services provided.
2. Selection based on cost alone does not take into account public sector experience or the ability to provide consistent quality actuarial services.
3. These types of services, such as review of employee benefit pricing and levels of coverage within the public sector, understanding state, and federal regulations and how they affect the City of Stockton, and actuarial reports to set the City’s future liabilities, require experienced professionals who have handled such services for other public entities and can work closely with City staff, which is in the public interest.
4. The RFP process allows the vendors to specify what services they can provide to the City rather than the City bidding specific services.
5. It is necessary for the City to hire outside professionals to handle these services as City staff does not have the full expertise or capacity to perform these services.
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FINANCIAL SUMMARY
The annual cost for benefit consultant services with Alliant will be $150,000 per year for years 1 through 3. Cost for the optional years will be determined and agreed upon at a later time. The threeyear cost with Alliant will be $450,000, compared to Gallagher’s consulting fee of $360,000 paid in the last three years. This cost includes the Employee Navigator benefits administration platform, which will be used during the transition period until the Tyler Munis system is fully implemented in April/May 2022. These costs are based on an initial three (3) year agreement, with an option to extend for two (2) additional years. While Alliant’s fee is 25% higher, the depth and expertise of Alliant’s firm provides the City of Stockton with a consultant who will support us in our continued growth.
Funding for the benefits consulting services agreement is budgeted in the Health Benefits Internal Service Fund, account number 2510-000-630006-540-000-00-25-000-000 based on the anticipated scope of work. The FY 2021-22 appropriation is sufficient for the anticipated services.
Attachment A - Alliant Insurance Services, Inc. Agreement City of Stockton Page 4 of 4 Printed on 1/4/2022
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ATTACHMENT A 114
ATTACHMENT A 115
ATTACHMENT A 116
ATTACHMENT A 117
ATTACHMENT A 118
ATTACHMENT A 119
ATTACHMENT A 120
ATTACHMENT A 121
ATTACHMENT A 122
ATTACHMENT A 123
ATTACHMENT A 124
ATTACHMENT A 125
ATTACHMENT A 126
ATTACHMENT A 127
ATTACHMENT A 128
ATTACHMENT A 129
ATTACHMENT A 130
ATTACHMENT A 131
ATTACHMENT A 132
ATTACHMENT A 133
ATTACHMENT A 134
ATTACHMENT A 135
ATTACHMENT A 136
ATTACHMENT A 137
ATTACHMENT A 138
ATTACHMENT A 139
ATTACHMENT A 140
ATTACHMENT A 141
ATTACHMENT A 142
ATTACHMENT A 143
ATTACHMENT A 144
ATTACHMENT A 145
ATTACHMENT A 146
1 (Rev, 10.30.18)
EXHIBIT F
TIMELINE
1. Consultant shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 Strategic Planning TBD
1.1.2 Reporting and Benchmarking TBD
1.1.3 Pre-Renewal Strategy TBD
1.1.4 Procurement, Analysis, and Negotiation TBD
1.1.5 Recommendation and Implementation TBD
1.1.6 Communication and Education TBD
1.1.7 Compliance and Contract Review TBD
1.1.8 Program Monitoring and Vendor Management TBD
1.2 Contractor shall complete all services described in this Agreement by January 31, 2025.
ATTACHMENT A 147
City of Stockton
Legislation Text
File #: 21-0854, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP INSTALLATION PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE47-21 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD21004.
2. Approve the plans and specifications for the ADA Curb Ramp Installation, Project No.
WD21004.
3. Award a Construction Contract in the amount of $549,000 to J.J.R. Construction, Inc. of San Mateo, CA, for the ADA Curb Ramp Installation, Project No. WD21004.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The ADA Curb Ramp Installation project will install 57 Americans with Disabilities Act (ADA) curb ramps at various intersections citywide (Attachments A and B). The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps. The project was included in the 2020-25 Five-Year Capital Improvement Plan (CIP).
On September 2, 2021, the City received 12 bids for this project. HBC Enterprises was the apparent lowest bidder. The second-lowest bidder, J.J.R. Construction, Inc., submitted a bid protest against the apparent lowest responsive bidder, HBC Enterprises. Public Works’ staff and the City Attorney’s Office reviewed the bid protest and determined HBC Enterprises’ bid to be non-responsive. Staff recommends Council reject HBC Enterprises’ bid and award a Construction Contract to the secondlowest responsive bidder, J.J.R. Construction, Inc., in the amount of $549,000. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE47-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in winter 2021 and be completed by spring 2022, weather permitting.
DISCUSSION
Background
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The City maintains approximately 768 centerline miles of streets, including curb ramps that are typically located at intersection corners. The City regularly receives requests for the installation of new ramps or replacement of existing curb ramps. Each request is prioritized in chronological order based on the date of the original service request.
The Public Works Department annually retrofits existing intersections with compliant ADA-compliant curb ramps as part of its Sidewalk, Curb, and Gutter Repair Program. The number of curb ramps installed or replaced each year depends on the amount of funding available. Consideration is given to locations on the request backlog and to streets that have been recently resurfaced as part of a pavement maintenance project.
The ADA Curb Ramp Installation, Project No. WD21004 was included in the 2020-25 Five-Year CIP.
The project will install 57 ADA curb ramps at various intersections citywide (Attachments A and B).
The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps. Upon completion of this project, there will be approximately 260 curb ramps on the backlog list.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the estimated construction cost was less than $1 million.
Present Situation
On August 12, 2021, the ADA Curb Ramp Installation, Project No. WD21004 was advertised for bids.
On September 2, 2021, 12 bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTMENT BID AMOUNT
(local preference applied)
HBC Enterprises $507,630.00 $507,630.00
(Clovis, CA)
J.J.R. Construction, Inc. $549,000.00 $549,000.00
(San Mateo, CA)
Sposeto Engineering, Inc. $556,580.00 $556,580.00
(Livermore, CA)
FBD Vanguard Construction, Inc. $601,718.00 $601,718.00 (Livermore, CA)
California Highway Construction Group $648,200.00 $648,200.00 (Newman, CA)
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Tom Mayo Construction, Inc. $687,400.00 $653,030.00
(Stockton, CA)
United Pavement Maintenance, Inc. $688,900.00 $688,900.00 (Hughson, CA)
Dirt Dynasty, Inc. $698,600.00 $684,628.00
(Farmington, CA)
DOD Construction $715,900.00 $715,900.00
(Bakersfield, CA)
TBS Construction $789,498.84 $789,498.84
(Merced, CA)
B&M Builders, Inc. $853,500.00 $853,500.00
(Rancho Cordova, CA)
George Reed, Inc. $854,400.00 $854,400.00
(Modesto, CA)
Engineer’s Estimate $694,200.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Tom Mayo Construction, Inc. is located within City limits and is entitled to a five percent bid preference. Dirt Dynasty, Inc. is located within County limits and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order.
The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
On September 7, 2021, J.J.R. Construction, Inc., the second-lowest bidder, submitted a bid protest against the apparent lowest responsive bidder, HBC Enterprises. The bid protest requested the City to reject HBC Enterprises’ bid on grounds that it was non-responsive, meaning the bid did not meet all the requirements of advertisement based on the following claims (Attachment C):
· HBC Enterprises did not possess a valid contractor’s license at the time of the bid. · The license of one of HBC Enterprises’ joint ventures, Harris Development Corp., was suspended at the time of the bid.
· The one joint venture partner of HBC Enterprises that currently is licensed does not possess either a C-8 or an A license.
HBC Enterprises was provided the opportunity to respond to the bid protest (Attachment D). Public Works’ staff and the City Attorney’s Office reviewed the bid protest in detail and determined that HBC Enterprises’ failure to comply with the Special Provisions and the California Business and Professions Code requirements resulted in a non-responsive bid (Attachment E).
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The bid from J.J.R. Construction, Inc., the second-lowest responsive bidder, is regular in all respects.
J.J.R. Construction, Inc. has the proper license to perform the work, and the bid is lower than the engineer’s estimate. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to J.J.R. Construction, Inc. of San Mateo, CA, in the amount of $549,000.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE47-21 under CEQA.
Construction is anticipated to begin in winter 2021 and be completed by spring 2022, weather permitting.
FINANCIAL SUMMARY
Road Maintenance and Rehabilitation Account funding in the amount of $1.6 million was approved by Council on April 14, 2020, by Resolution No. 2020-04-14-1111, and appropriated to the Sidewalk, Curb, and Gutter Repairs Program FY 2020-21 SB1, Project No. WD21004 (formerly PW2104), Account No. 4570-000-800007-300-000-30-45-000-000. There is sufficient funding to award a Construction Contract to J.J.R. Construction, Inc. in the amount of $549,000.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Project Location List
Attachment B - Project Location Map
Attachment C - J.J.R. Construction, Inc. Bid Protest Letter dated September 7, 2021 Attachment D - HBC Enterprises Bid Protest Response Letter dated September 13, 2021 Attachment E - City of Stockton Bid Protest Determination Letter dated September 16, 2021 City of Stockton Page 4 of 4 Printed on 1/4/2022
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No. Street Corner Intersection Proposed Type
1 SW W Harding Wy & N Madison St RͲ64
2 SW N Madison St & W Willow St RͲ64
3 NE N Madison St & W Willow St RͲ65
4 NW N Madison St & W Willow St RͲ65
5 SE N Madison St & W Willow St RͲ64
6 SW N Madison St & W Vine St RͲ64
7 NE N Madison St & W Vine St RͲ64
8NWN Madison St & W Vine St RͲ64
9SE N Madison St & W Vine St RͲ64
10 SW N Madison St & W Rose St RͲ64
11 NE N Madison St & W Rose St RͲ64
12 SE N Madison St & W Rose St RͲ64
13 NW Magnolia St & Monroe St Modified A
14 NW Fourth St & Hunter St Modified A
15 SW Fourth St & Hunter St Modified A
16 NE Fourth St & Hunter St Modified A
17 SE Fourth St & Hunter St Modified A
18 NE Fourth St & San Joaquin St Modified A
19 SE Fourth St & San Joaquin St Modified A
20 NW Fourth St & Alley (E/O San Joaquin) Modified C
21 SW Fourth St & Alley (E/O San Joaquin) Modified C
22 NE Fourth St & Alley (E/O San Joaquin) Modified C
23 SE Fourth St & Alley (E/O San Joaquin) Modified C
24 NW Fourth St & Sutter St Modified A
25 SW Fourth St & Sutter St Modified A
26 NE Fourth St & Sutter St Modified A
27 SE Fourth St & Sutter St Modified A
28 NW Fourth St & Alley (E/O Sutter) Modified C
29 NE Fourth St & Alley (E/O Sutter) Modified C
30 SW Grand Canal Bl & Lorenzo Ln RͲ65
31 SE Grand Canal Bl & Lorenzo Ln RͲ65
32 N/Mid 2325 Grand Canal Bl RͲ64
33 S/Mid 2325 Grand Canal Bl RͲ65
34 N/Mid Grand Canal Bl & Venezia Bl Modified C
35 S/Mid Grand Canal Bl & Venezia Bl Modified C
36 SW Grand Canal Bl & Venezia Bl RͲ64
37 NE Grand Canal Bl & Venezia Bl RͲ64
38 N/Mid Grand Canal Bl & Venezia Bl Modified C
39 S/Mid Grand Canal Bl & Venezia Bl Modified C
40 SE Grand Canal Bl & Venezia Bl RͲ64
41 SW Grand Canal Bl & Romano Dr RͲ65
42 SE Grand Canal Bl & Romano Dr RͲ65
43 N/Mid Grand Canal Bl & Romano Dr RͲ66
44 NW Rosemarie Ln & Romano Dr RͲ65
45 NE Rosemarie Ln & Romano Dr RͲ65
46 SW Rosemarie Ln & Angelico Ci RͲ65
47 SE Rosemarie Ln & Angelico Ci RͲ65
48 NW Rosemarie Ln & Angelico Ci RͲ65
49 NE Rosemarie Ln & Angelico Ci RͲ65
50 NW Rosemarie Ln & Piccardo Ci RͲ65
51 NE Rosemarie Ln & Piccardo Ci RͲ65
52 SW Rosemarie Ln & Piccardo Ci RͲ65
53 SE Rosemarie Ln & Piccardo Ci RͲ65
54 NW Rosemarie Ln & Lorenzo Ln RͲ65
55 NE Rosemarie Ln & Lorenzo Ln RͲ65
56 SW Rosemarie Ln & Lorenzo Ln RͲ65
57 SE Rosemarie Ln & Lorenzo Ln RͲ65
WD21004 ADA Curb Ramp InstallationͲLocation List
ATTACHMENT A Page 1 of 1 152
PERSHING AV
EL DORADO ST
EL DORADO
WEST LN
PACIFIC AV
RCH LN
ALPINE AV
AIRPORT WY
CENTER ST
AIRPOR
BERTS RD
WILSON WY
PACIFIC AV
DR MLK JR BL
H
OLMAN RD
HAMMER LN
HAMMER LN
PERSHING AV
BENJ.HOLT DR
MARCH LN
HARDING WY
WEST LN
WATE
WILSON WY
NAVY DR
EIGHTH ST
FREM
MARCH LN
EL DORADO ST
CHARTER WY
PZ
GLASGOW AV
CEDA R WY
BARNACLE
NORWICH DR
L A KEMONCADO
DALE AV
BUCKLINCOLN
TOP
AV
LEESBURG
WAKEMAN
BUTTERCUP
ARCADERO AV
CUSHION CAP
LN
OAKS CT
AMERICAN
WY
THIRD ST
N TUXEDO AV
PARKLANE
RIDGEHEDO PL
TWAIN
LAKE DR
2 NAVY DR
BLUE
JOSEPHINE
HARPER ST
AMERICAN ST
SEND
MADCEMETERY
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CT
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ELEM.
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MIGH T Y
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LAUREL ST
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WD
CENTER
CI
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BEDLOW DR
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HIGH SCHOOL
CT A
PONTHOLMAN RD
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AV
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RD
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CT
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RD
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PARK
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AV
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ADA Curb Ramp Installation, Project No. WD21004
0 0.1 0.2 0.3 0.4 0.05 Miles
μ Legend
!( Curb Ramp Installation Locations, WD21004
20-23
14-17
50-53 54-57
32-33 30-31 34-40
41-43
44-45
46-49
1 2-5
6-9
10-12
13 18-19 24-27
28-29
JOAQUIN ST
SUTTER ST
EL D
GRAN
ELEM
ST
H ST
!( !( !(
MADISON ST
WILLOW ST
COMM
HARDING WY
LINCOLN ST
VAN BUREN
DORADO
EMENTARY
MONRO
FOR ADULTS
!(
!(
!(
!(
!(
1 2-5
6-9
13 10-12
41-43
30-31
32-33 34-40
44-45
46-49
50-53
54-57
14-17 18-19
20-23
24-27
28-29
ATTACHMENT B 153
J.J.R. CONSTRUCTION, INC
September 7, 2021
By Overnight Delivery
John M. Luebberke, Esq.
City Attorney
City of Stockton
425 North El Dorado Street, 2nd Floor
Stockton, CA 95202
Re: Bid Protest
ADA Curb Ramp Installation
City of Stockton Project No. WD21004
Dear Mr. Luebberke:
On behalf of J .J .R. Construction, Inc., please consider this letter to be a protest of the bid submitted HBC Enterprises.
Statement of Basis for Protest
According to section 5-1.12 of the project specifications, "Contractor shall possess a valid California Class A or C-8 Contractor license at the time of bid." The City's use of the word "shall" establishes the requirement oflicensure as a mandatory requirement. See Judith P. v. Superior Court, l 06 Cal. App. 4th 535, 550 (2002) ("shall" imposes a mandatory duty.)
HBC Enterprises did not possess a valid contractor's license at the time of bid and does not possess one now. According to the CSLB, HBC Enterprise's license is suspended. HBC Enterprises' bid therefore is nonresponsive and must be rejected. See M & B Construction v. Yuba County Water Agency, 68 Cal. App. 4th 1353 (1999).
The following is a screenshot from the CSLB website regarding the suspended status of HBC Enterprises' license.
1120 NINTH AVENUE, SAN MATEO, CA 94402
650-343-6109(P) 650-343-6207(F)
CERTIFIED DBE # 40008
CERTIFIED SBE # 1255620
DIR# 1000004118
CONTRACTOR STATE LICENSE #665645 CLASS "A"
J.J.R. CONSTRUCTION IS A UNION CONTRACTOR
SIGNATORY TO LABORERS AND CEMENT MASONS UNION
ATTACHMENT C 154
ATTACHMENT C 155
ATTACHMENT C 156
ATTACHMENT C 157
HBC ENTERPRISES
1840 Shaw ave. Ste. 105-08, Clovis CA 93611- 559-575-3000 / 559-775-5125 fax - CSLB Lic# 1044524 Mr. John M. Luebberke, Esq.
City Attorney, City of Stockton
425 North El Dorado St. 2nd Floor
Stockton, CA 95202
Re: Bid Protest
ADA Curb Ramp Installation City of Stockton Project No. WD21004 Dear Mr. Luebberke, et al:
On behalf of HBC Enterprises, please consider this letter as a response to the bid protest submitted by J.J.R Construction, Inc concerning the above referenced project.
Response to Bid Protest
HBC Enterprises is a joint venture between two licensed construction companies by the CSLB. Harris Development Corp is one of these companies and it’s license was up for renewal 8.30.21. Harris Development Corp submitted it’s renewal timely in mid July, 2021, but it took some time for the CSLB to process the renewal. Harris Development Corp lacked a signature on one of the pages submitted to the CSLB which caused the renewal to be sent back to Harris Development Corp. This was unknown to Harris Development Corp until 9.7.2021, and immediately acted upon to rectify. Additionally, the letter to advise Harris Development Corp of this issue was not actually sent out by the CSLB until 9.2.2021.
On the morning of 9.8.2021, the page requiring the signature was sent back to the CSLB and the status of Harris Development’s license changed to “Active”, which in turn, changed the status of the HBC Enterprises license back to “Active” versus showing the status of “suspended”.
HBC Enterprises understands and acknowledges the fact that due to CSLB delays in reviewing the license renewal package and it’s communication with Harris Development Corp caused the issue to not be rectified on 9.2.2021.
Harris Development Corp did send in the renewal absent a required signature. HBC also acknowledges the city’s need to make a decision in its best interest concerning the protest submitted by J.J.R Construction.
Respectfully Submitted,
Rob Harris
HBC Enterprises
[email protected]
cc: J.J.R Construction via fax - 650-343-6207
ATTACHMENT D 158
CITY OF STOCKTON
PUBLIC WORKS DEPARTMENT
Municipal Service Center • 1465 S Lincoln Steet • Stockton, CA 95202 • 209 / 937-8341 • Fax 209 / 937-8883 www.stocktongov.com
September 16, 2021
Sent via email to: [email protected]
Rob Harris
HBC Enterprises
1840 Shaw Avenue STE#105-08
Clovis, CA 93611
ADA CURB RAMP INSTALLATION, PROJECT NO. WD21004
This is in response to your letter dated September 13, 2021, regarding the bid submitted by HBC Enterprises for the ADA Curb Ramp Installation ("Project").
The City of Stockton ("City") determined that HBC Enterprises, the apparent low bidder, failed to possess the required valid license at the time of bid as required by Special Provision Section 5-1.12. Further, California Business and Professions Code section 7028.15( e) states "a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency." It further provides, "a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid."
According to the California Contractors State License Board, HBC Enterprises, License #1044524, had a suspended license at the time of bid opening, September 2, 2021. A copy of the Contractors State License Board information is enclosed for your convenience.
The City determined that HBC Enterprises' failure to comply with the Special Provisions and state code requirements resulted in a nonresponsive bid. Public Works staff will recommend to City Council it reject HBC Enterprises' bid and award a construction contract to the secondlowest responsive bidder, J.J.R. Construction, Inc.
JODI ALMASSY, DIRECTOR
PUBLIC ENT
REED, DEPUTY DIRECTOR
PUBLIC WORKS DEPARTMENT
emc: Jodi Almassy, Director, Public Works Department
Chad Reed, Deputy Director, Public Works Department
James Wong, Engineering Service Manager/O&M
John M. Luebberke, City Attorney
Taryn Jones, Deputy City Attorney
ATTACHMENT E 159
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE47-21,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE ADA CURB RAMP INSTALLATION, PROJECT NO. WD21004
On September 2, 2021, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the ADA Curb Ramp Installation, Project No. WD21004; and
The project will install 57 Americans with Disabilities Act (ADA) curb ramps at various intersections citywide; and
HBC Enterprises is the apparent lowest bidder, but did not comply with the project bid documents, particularly the California Business and Professions Code requirements; and
The bid from HBC Enterprises was determined to be non-responsive; and J.J.R. Construction, Inc. is the second-lowest responsive bidder in the amount of $549,000, and its bid is regular in all respects; and
The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE47-21 under the CEQA for the ADA Curb Ramp Installation, Project No. WD21004, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the ADA Curb Ramp Installation, Project No. WD21004.
3. The City Council awards a Construction Contract between the City of Stockton and J.J.R. Construction, Inc., in the amount of $549,000, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
//
//
//
160
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 11, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
161
TO: COUNTY CLERK
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
CITY OF STOCKTON
NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(6) AND CALIFORNIA CODE OF REGULATIONS TITLE 14 SECTION 15062
PROJECT DATA
Project Title: ADA Curb Ramp Installation, Project No. WD21004 CEQA Exemption File No.: NOE47-21
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be installing ADA-compliant curb ramps at various locations citywide.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (B)(3). __ The project is "Statutorily Exempt" per CEQA Guidelines Section: ____ _ _ X __ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
_x_ The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemptlon(s).
JODI ALMASSY, DIRECTOR
PUBLIC WORKS DEPARTMENT
sv-tt5: ()a� Adriana Garibay,roject Manager
August 25, 2021
(DATE OF PREPARATION)
(DATE OF FINA L APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(6). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
162
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between J.J.R. CONSTRUCTION, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at 1120 NINTH AVENUE, SAN MATEO, CA 94402, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of ADA CURB RAMP INSTALLATION (PROJECT NO. WD21004), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. __________________ . The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $549,000, or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27, effective September 27, 2016.
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors.
Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a greater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.
Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.
At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.
The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.
Any exceptions to this language may result in a proposal being deemed non-responsive.
CONTRACTOR/Subcontractor's responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.
The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct. //
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 50 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND ONE HUNDRED AND NO/100 DOLLARS ($2,100) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
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Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be
Local Construction Contract – J.J.R. CONSTRUCTION, INC. – PROJECT NO. WD21004 (Updated 12/31/20)
determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
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EXHIBIT 2
172
$549,000.00
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EXHIBIT A
NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s). Please see attached flyer regarding PINS Advantage.
Exhibit B:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract,and for five (5) years thereafter , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City, at its sole discretion, may purchase the coverage required and the cost will be paid by the contractor.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. No
EXHIBIT B
Instructions to Bidders Page 12 of 30 44 of 72 WD21004 ADA Curb Ramp Installation EXHIBIT 2 174 representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
Instructions to Bidders 45 of 72 WD21004 ADA Curb Ramp Installation
EXHIBIT B
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.
Instructions to Bidders 46 of 72 WD21004 ADA Curb Ramp Installation
EXHIBIT B
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Contractor shall include the following language in their agreement with Subcontractors: Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Contractor shall provide proof of such compliance and verification to the City upon request.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
Instructions to Bidders 47 of 72 WD21004 ADA Curb Ramp Installation
EXHIBIT B
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
Instructions to Bidders 48 of 72 WD21004 ADA Curb Ramp Installation
EXHIBIT B
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City of Stockton
Legislation Text
File #: 21-0855, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE TREE REMOVAL AND STUMP GRIND PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE60-21 under the California Environmental Quality Act for the Tree Removal and Stump Grind, Project No. WD22004.
2. Approve the specifications for the Tree Removal and Stump Grind, Project No. WD22004.
3. Award a Service Contract in the amount of $118,700 to West Coast Arborists, Inc. of Stockton, CA, for the Tree Removal and Stump Grind, Project No. WD22004.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Tree Removal and Stump Grind project will remove 104 City trees and one stump at various locations citywide (Attachments A and B). This project will remove trees in preparation for the upcoming Sidewalk, Curb, and Gutter Repair Program, Project No. WD22004. The project was included in the 2021-26 Five-Year Capital Improvement Plan (CIP).
On October 21, 2021, the City received five bids for this project. Staff recommends award of the Service Contract to the lowest responsive bidder, West Coast Arborist, Inc., in the amount of $118,700. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.
NOE60-21 under the California Environmental Quality Act (CEQA) and approving the specifications for the project. Construction is anticipated to begin in early spring 2022 and be completed by late spring 2022, weather permitting.
DISCUSSION
Background
The City maintains approximately 768 centerline miles of streets, most of which contain curb, gutter, and sidewalk. Prior to 1968, the adjacent property owner was responsible for all maintenance of the curb, gutter, and sidewalk in accordance with the Streets and Highways Improvement Act of 1911. In 1968, Council revised the Stockton Municipal Code (SMC) to assume responsibility for repairs to all curbs, gutters, and sidewalks in cases where the damage is caused by City-owned or controlled trees (prior SMC 12.04.040).
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The City regularly receives requests to repair curbs, gutters, and sidewalks, and the installation of curb ramps. Each request is evaluated to determine whether the repair is a City responsibility. If repairs are warranted, the location is added to a database for future permanent repairs. For sidewalk locations that need immediate correction, a temporary repair is made using asphalt concrete material to patch the displaced area to remove the tripping hazard. Permanent repairs are made as funding becomes available and are prioritized in chronological order based on the date of the original service request.
With permanent repairs involving complete removal and replacement of concrete, a determination is made to preserve the adjacent City-owned tree causing the damage or remove it. The City tries to salvage existing trees where feasible, and each tree is evaluated on a case-by-case basis. The evaluation includes the following:
· Tree’s existing health;
· Ability to trim roots without negatively impacting the tree’s health and/or compromising its structural integrity; and
· Feasibility of modifying the sidewalk from typical design standards to leave the tree as-is, without trimming roots.
Preservation of the tree increases the probability that sidewalk damage will re-occur. There is an inherent conflict between preserving the City’s trees and reducing the inventory of tree-damaged sidewalks, curbs, and gutters.
After completion of the Tree Removal and Stump Grind project, which will remove 104 City trees and one stump at 51 address locations, the City will proceed with advertising a Sidewalk, Curb, and Gutter Replacement project. This upcoming project is anticipated to remove and replace concrete at 107 locations citywide.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project because the estimated construction cost was less than $1 million.
Present Situation
On September 29, 2021, the Tree Removal and Stump Grind, Project No. WD22004, was advertised for bids.
On October 21, 2021, five bids were received with the following results:
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COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
West Coast Arborists, Inc. $118,700.00 $116,326.00
(Stockton, CA)
ArborWorks, Inc. $158,550.00 $158,550.00
(Los Gatos, CA)
Bright View Tree Care Services, Inc. $177,075.00 $177,075.00 (Pasadena, CA)
The Professional Tree Care Co. $249,500.00 $249,500.00
(Berkeley, CA)
Harris Development Corp. $493,530.56 $493,530.56
(Clovis, CA)
Engineer’s Estimate $229,215.00
The contract will be awarded based on the lowest responsive bid received. The requirements of SMC section 3.68.090, Local Business Preference, apply to this project. West Coast Arborists, Inc. is located within the County and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section
3.68.095, also applies to this contract.
The bid from West Coast Arborists, Inc., the lowest responsive bidder, is regular in all respects. West Coast Arborists, Inc. has the proper license to perform the work. Staff recommends Council approve the specifications for the project and award a Service Contract to West Coast Arborists, Inc. of Stockton, CA, in the amount of $118,700.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) (Existing Facilities), of the CEQA guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE60-21 under CEQA. Construction is anticipated to begin in early spring 2022 and be completed by late spring 2022, weather permitting.
FINANCIAL SUMMARY
Road Maintenance and Rehabilitation Account funding in the amount of $1,450,000 was approved by Council on May 11, 2021, by Resolution No. 2021-05-11-1208, and appropriated to the Sidewalk, Curb, and Gutter Repairs Program FY 2021-22 SB1, Project No. WD22004, for fiscal year 2021-22.
There is sufficient funding in Sidewalk, Curb, and Gutter Repairs Program FY 2021-22 SB1, Project No. WD22004, Account No. 4570-000-800007-300-000-30-45-000-000, to award a Service Contract to West Coast Arborists, Inc. in the amount of $118,700.
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There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Project Location Map
Attachment B - Project Location List
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HAMMER LN HAMMER LN
BEN HOLT DR
EL DO
R
A
D
O
ST
WILSON WY
MARCH LN
MARCH LN
WATERLOO RD
FREMONT ST
MARIPOSA
R
AIRPORT WY
DR MLK JR BL
MAIN ST
EIGHT MILE RD
DAVIS RD
THORNTON RD
LOWER SACTO
RD
WEST LN
PARK ST
PACIFIC AV
ROBERTS RD
EIGHTH ST
MORADA LN
PACIFIC AV
PERSHING AV
ALPINE AV
WEST LN
HARDING WY
EL DORADO ST
CALIF ST
CENTER ST
HOLMA
N
RD
PK
CHARTER WY
CEDAR WY
PL
HOLLOW CI
CI
CHA PLIN
NORWICH DR
FERN
GLASGOW AV
L A KEELEMENTARY MON CADO
PZ
CLOVER LN
DALE AV
BARNACLE
ASPENCI
LINCOLN
BUCKTOP
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AMERICAN
WY
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EMBARCADERO AV
OAKS CT
CUSHION CAP
THIRD ST
BUTTERCUP
MOORCROFT CI
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MIDDLE SCHOOL
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ST
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WINYORKEARLFOREST
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WORTH GRANT ST
SUNNYSIDE AV
FILBERT ST
BEELER ST
PL
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BROOKSTONE AV
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EL DORADO ST
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WY
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ROUGH AND READY ISLAND
PL
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PRINCESS
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PL
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20 DINO CI
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WILSON WY
LINDSAY ST
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HONEYHENLEY OAK
MARC AV
RUN
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WILLGOTHAM DR
TENAYA LN
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CI
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AGAPMAPLE ST
FRANKLIN AV
ELEM.
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LITT LE ASTON DIABLO CREEK DR
ASH ST
AV
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DOUG
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MARSEILLE
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LOWER SACRAMENTO RD
CI
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BACHELOR
CHANNEL
CALIFORNIA ST
LONGVIEW AV
SCHOOL
CT
TAMARISK AV
INDEPENDENCE
DR
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WELCH
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ST
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LAUGHLIN SPRINGS
AV
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DR
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CT
TON
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4.PARKVALE CT
JEFFREY
LEMMARCH LN
STOCKTON
HOLMAN
MADISON ST
THIRD ST
PINES
GALAXY
SONORA ST
SNEDEKER AV
DAVIS RD
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FOUNTAIN
BLUE
OAKLEAF WY
PEBBLE B E A C H DR
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SWEET
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WALTON
FREDERICKSBURG
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CAN DLEDOVER
CI
PVT
CREEK
3.MALMGREN CT
HEATHER
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2.CHARLESTON CT
JONAT HEN ST
WAWONA
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POOL LN
DR
CT
DON RIGGIO
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THOMPSNOW CREEK PERSHING AV
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M C C LOUD RVR
ELEMENTARY
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HIAWATHA AV
BALT IM ORE
COUNTRY CLUB
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LN
DOGKENNEDY
MIDDLE SCHOOL
FRANCIS
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CADE
STIL LWATER
EMBASSY
BR O O KSIDE RD
AV
KYBURZ
LEE
FLORA ST
Day Scho ol
ELEMENTARY
GR EENBROOK
CLIFFST EFAN O DOHERTY
CT
ERICKSON
JOHN TURK RD (PVT)
DR
LONNIE BECK WY
4.CHELMSFORD WY
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LN
CALAVERAS
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SUTTER ST
BL
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MONTE DIABLO AV MONTE
FREMONT ST
CT
S.N.ST
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CENTER
CHESAGALLOWAY
BLACKSWAIN
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LONGVIEW AV
HOME
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AV
PERSHING AV
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CI
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Q U IN N
LARCOM
CT
Weber
PERSHING
OAK ST
UPRR (SPRR)
Office
CRKLAND CI
DU PONT DR
DR
ASHLEY LN
WILLIAMSBURG PL
C HESSWAIN
FELILYDIA
DEL RIO DR
BERNINI
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WATERLOO RD
CT
CT
CT
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WALL
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BRIDLE
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WISCONSIN
FRAZER
PLUMAS
TRIMAPLELORETTA AV
MARLETTE RD
AV
VICTORY
6.FRESHWATER PT
3 MORELAND ST
11TH
D ST
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HARDING WY
BUCKALCIRA
BUR
DR
POWELL
CT
D ER
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JENNIFER
MELHERNDON
CI
SUMMERWIND
JULIET RD
SILVERSHIR E
NEWPORT AV
KOREL DORADO ST
DR
HIGH SCHOOL
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SCHOOL
BIRD
DR
LANCASTER DR
LAN D
STONE
1 DOVERPL
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LAGUNA
VINE
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STONES
CI
D ST
ECHO
CASTLE OAKS DR
CI
CAPE COD
CT
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FLORA ST
ABBEY CT
PARK
WILLOW ST
NINA
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BANCROFT WY
MONET DR
(UNDEVCT MARTIRI
4 CI
RALPH AV
AUTO AV
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The Pacific
CI
UPRR
CT
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SAN GABR IEL
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MICHIGAN AV
WELLINGFREESIA AV
WOODLAND DR
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NETHDR
AV
ELEMENTARY
TENTH
SUTTER
CCT RR
SUNFLOWER C I
ST
CHURCHILL
SHAMERAN
MOLLY
MONTCLAIR
STICK
PORT RD 6
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CAP
SHOREHAM
SUSSEX
SKY LAKE LN
PL
WOO D
JAMESCHERBOURG
LOST MEADOW
ROLERSON RD
H
UPRR (SPRR)
CENTER
MINER AV
WINDFLOWER LN
COMMUNITY
PEONY PLACE
INNISCI
TIZIANO
BORDEAUX AV
CT
VAL DERVIN PK
WINDSOR AV
CI
BARGE
FREDERICK
PISA CI
PRECISSI LN
PL
AV
FRANCO AV
EL CAMPO
DORAY
PILGRIM
UNION ST ST
ST
GOLDCRE EK
SEVILLE AV
BARRE
SADDLE
MORAN
SOMERSET DR
THIRTEENTH ST
DOMINION DR
WOOODSBRO RD
ASHLYNN
CONDUNBARTON WY
ROSELAWN AV
CI
OAK SHORES
FOURTH ST
CERRUTI SEVENTH
TOTTEN AV
WEBERSTOWN
ESSEX ST
L ILY
VARVALLEY
KAYASSO
SUYUBA
TO W N S HE ND
STEA MBOAT
VALLEY FORGE
CT PLEASANT
ELEMENTARY
2 BIDGROUSE RUN DR
TURNPIKE RD
ENSHIP
BARBARESCO CI
SAN FERN ANDO
WILLOW ST
LINCOLN ST
FIFTH ST
ST
HORN BRAM CT
N A POLEON
RAVELLO
MONTAUB AN AV CHATEAU DR
DENNIS
M
VEGA
PARK
RUDDER WY
KNOLES
WILHOIT RD
MT
MARNIE
STANTON
HAVEN
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WEST LN
PLEACI
BROOKSIDE RD
WY
MACDUFF AV
SPRINGFIELD
WINWARD
CT
HARRISON ST
ETCHEVERRY
CT
TURTLE VALLEY
CT
COURT ST
GRANT ST
MAPLE
SAN MATEO
CRESTA
WESTWOOD
CI
SQUALL WY
POLK WY
HAVEN
ALTURAS AV
EL CAJON ST
1.ENCORE CT
CI
OAK LN
CT
BIRMINGHAM
GEARY ST
BASS RD
ELL
SWENSON
GRAYHOUSE
Control Facility
PEAAURORA ST
BIRCH AV
IBUR
Fourteen M ile Sloug h
WY
BURL HOLLOW
RAYSILVA
STANFIELD DR
AGLE
Q CT
ANOLA
FILLMORE
M A NCHESTER AV
LATINA
SADDLECLIFF
ELEMENTARY
PIAVE
KIM IYO ST
MED ICI
STONE
CREST M ORE
VIE W
CI
K N IC K ERBOCKER
ROYAL PARK
CA RNELIAN
TON
ALPINE AV
DOUGLAS R D
EAGLE
CT
ST
FREY LN
RVRDERRICK
County Fairgrounds
ELEMENTARY
ELLSBERG DR
ANDY
AV
MADELINE
DR
CI
CT
CT
MCG AW ST
DALE WY
LOTO
DR
WALNUT ACRES
CALIFORNIA ST
BN&SF RR
FEDMOSS O AK
WOOD
DONCASTER
BLUE
RIVERBROOK DR
BLSSOM
BLUE STONE
THORNTON RD
RUN
PEAKS
EIGHT MILE RD
CORDOVA L N
6.ANNANDALE DR
ST
EL PINAL DR
ST
WESTWD
HUNTER ST
GUER
WAVERLY
EWS WOODS BL
DON CARLOS
PARK
ARMY CT
MCPATT
ARCH AIRPORT
GLACIER
OTTO DR
BIG OAK CI
CI
MARK E EQUINOA
UNIVERSITY
E REGAL
VIOLET
DO C K
ANITA
BURNEY FALLS
WASHINGTON
HARRELL ASPEN
POPLAR
LAFAYMA CDUFF
RD
MAR LETTE
RIDGE
LETT
CI
OAK
CRK
LE
TON
PIO PICA AV
PALAZZO
NORTHRIDGE
FOURTH ST
MONTEGO
GILCHRIST
ELI
BONAIRE CI
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SON
B.R.
SPRINGOAK W O O DCREEK
CI
PARK
RIVER CI
CT
RD
GL ORY
F LI LMORE AV
HUMPHRIES
DOWNS
RAINIER AV
SPERRY RD
WATERBURY DR
CLEARFIELD PVT
PORT RD 21
POPLAR ST
AMHERST DR
ALEXANDRIA PL
TOWN
ROCK
CI
UPTON
CT
CT
DIANA MARIE DR
MABLE
MOSS
HAZELTON AV
ST ALVARADO AV
RD
CT
QUAD
DYLAN
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MONTEZUMA
SEA
JEFFERSON ST
San Joaquin
SCHOOL
M AR ICT
REYES
OAK
SEA
IMPERIAL
SOR
WENDELL
BERRMEMORIAL
CHERRY
Valley
MYRAN AV
GEORGE W. BUSH
TAMWORTH
NESE
A
TTINI
LLOYD LN
HARBOR ST
MERCED
STOUT
TILLER
ELEMENTARY
DALTRY
ANGEL DR
CT
LN
Delta
MT
RALPH AV
BELLEVIEW AV
PARK
CHANNEL ST
VADA
ST MARKS
SWALTO LAND CT
GNEKOW
WILSHIRE AV
Hospital
REGIONAL
WILLIAMS
HENRY LONG BL
BURG
CHEYENNE WY
OLIVIA WY
WATERF ORD
DR
VERDIBURN
AV
EIGHTH ST
SONOMA AV ALPINE AV
WEBB
CABIN
STACEY
MARCH LN
MOREING RD
CLUB
DELTAWIND
WOOD
KINGS
ESTATE DR
MISSION
CT
MCCARTNEY
MATTERHORN
PARK
WIND
DR
RENEE MARIE
WILLOW PARK
ANNE
BRANDYWY
PARK
DURONIA RD
OSBORN
PHILLIP
KIRK AV
SAN MARCO
PADUA
DANTE
M OSS
STEWACO
M ONTICELLO DR
SAGE
WEST LN
TOM LN
VIRGINIA RD
PLAYA DEL SOL
A
TUS
V
SOLANO AV
MOURFIELD AV
BRIARCLIFF
POLIS
OMAC
SEULOUIS PARK
1.THORNTREE CT SALEM
PICKWOOD
2.DOUBLE DOVE LN
5 VICTORY
CLARIDGE
DENA
FRANC IS
AZTEC
D ST
CT
CAMELLIA
ERICK
GARBROWNE TERY
DOYLE
DAVE BRUEBECK WY
RAILROAD WY
MAN
CHATSKOLHER ST
HUNTER ST
BARRYMORE
MCALLEN RD
ROSE
HEMET
COSMOS DR
SWAINSONS HAWK ST
ELKHORN DR
S T CARLO
KEMP
PORT RD 8
OAKCREEK
CT
PETTY LN
ELEMNTARY
CT
ST
WY
CORTEZ
WEEPIN G
2 PALISADES
PER
CT
SIXTH ST
STADIUM
PARK
CROSBY
COBAIN
AGUSTA
LAREDO
MIS T TRAIL
AV
BENNETS MILL
LA JOLLA DR
SUTHERLAND DR
PAULSELL
HARPERS
AD ART RD
TEST
LANZA LN
PELEM CT
NSON
CARPENTER RD
SUPERIOR
MOR -
SAXTON DR
IQUE CT
IVY
CHATCRE EK ST
FIVE
FORE ST WY
AV
CARRHEMINGDR
Park
SHULL PL MERLE
YARD
SILVERBELL
C HICAGO AV
HOLMES
LO DUCA
RD
BONANZA
COVEY CREEK
KATE
AV LANDS END DR
IAN
CI
ZEPHYR ST
CT
CUMBERLAND PL
YARM OUTH
CT
VICKI
Pl aza
TAGE
FRED RUSSO DR
AV
SCHOOL
BAY
GILLIMER
BEN LN
INSPIRATION DR
PI CARDY DR
CT
4 LA
HOFFMAN
ST
LOMOND
CT
ELEMENTARY
BARBADOS
SILVER
DR
SEIFERT
MARIPOSA AV
HAVENWONDER
NINTH ST
PORT RD E SAN JOSE
CHARTER WY
CT
VIOLET CHENG
PORT CI
PLAZA ROBLES
POEHEMET AV
BARCELONA
UPRR
PINCHOT ST
VAIL AV
SET
LINDA SUE DR
GETTYSBURG PL
RID GEOAK
INDUSTRIAL DR
JAMES DR
STOCKTON SKILLS
GLORIA DR
GALLEY WY
PARK WOODS
WOODS IDE
TREE
JEAN AV
MARIPOSA RD
GAP
HARRISON ST
PALM
CHITBAS3 MIRATENTH ST
FERNVALE
LOMBARD
WY
RIVER B ANK CI
HEMET AV
SISKIYOU
JIMENEZ WY
BURLINGTON
FIRST ST
PARK
DR
MITCHLER AV
BRYANT
WALTER WY
CT
CT
PATH
O AK HILL
STOCKTON ST
JASMINE
LADY JANE
STAR
SEA
CI
HOLLY
MARINE AV
MAJEST IC LN
SAY
OLD
SONORA ST
CENTER
PALERMO
ST
ELEMENTARY
WY
INO
AMBER WY
DAVIS AV
ALEXANDRIA PL
YAC HT HARBOR DR
SIXTH ST
RUTLEDGE WY
FLEURY
PAWNEE WY
GRIZZLY
GARDEN AV
WILLIAM MOSS BL
WALKWAY
MICHAEL AV
ST
BOURBON
L ORRAINE AV
BR A NCH
TOWN
DELANEY
BROADCT
SWEET
CORTONA
VAN
RAMON
NESS TIMBERLANE DR
BOULDER CREEK
DR
EUCLID
PANELLA
PL
HILLSBORO
S CENTRAL AV
MONTESANDOLD DEL MONTE HOUSTON
DENISE
LAND
SWAIN
YELLOWALITALIA AV
3 PARK
DELAWARE AV
ONDO
CT
MBUS
PARK
SOLARI AV
SCHOOL AV
GINKCESAR CHAVEZ
SCHOOL
CHAGALL
WASH ING TON ST
ANTOINE
OLD
AV
ALLEGHENY PL
ELEMENTARY
GEDDINGS
WINSLOW
VINTAGE
ETNA
CAYMAN
BERKHOLMAN RD
CT
LOST
F. C. RD
STERN PL WY
VAN BUREN
SUTRO
MONTY CT
MOUTH
COACH ST
KOALA
UPRR (SPRR)
BRCHDR
LER
LAN ARK
CT
SIDE
JACKSON
MYRTLE ST A ST
PILGRIM ST
DUNMAR
FOREST
SAFFRON
HORN
VENTURA AV
HARRISON ST
CONN ECTICUT
B ST
WARN CT.
C OURTNEY WY
TRE N TON WY
SAN JOAQUIN ST
ELM
SAN JOSE
MONTEREY
DR
VALLEY
L.D.
2.WHISPERBARD
ST
KEYSER DR
T U G BOAT LN
POINT REYES
CT
CT A
GIANNA
DR
BART
NATHCI
AV
SHERWOOD
UMNE
WOOD
HAMILTON
T.
SEGARINI WY
MONROE ST
MAGNET
GREENAN
PERCH
9.HEIRLOOM CT
WOODMONT
MO NTA RO
BROOKFIELD
ALHAMBRA AV
FERRY
GOLD
CLAREMONT
PT
Mid. School
ST&ERR
PATRICIA
CREEK
DRY CREEK WY
SEVENTH ST
UNION
PETTIKOVICH
MAAS DR
MARY
FISHER
HAMMER LN
CI
DELTA
CT
TREE
MINER AV
CT B
FOR ADULTS
ELEMENTARY
SUTHERLAND
CT BEAR CREEK WY
DAVIS RD
CT
CI
AV
LOCUST
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7 5
3 2
51 47
45 31
27 25
22 11
9 8
6 4
1 50
49 48
46 44
43 42
41 40
39 38
37 36
35 34
33 32
30 29
28 26
24 23 21
20 19
18 17
16 15
14 13
12 10
Tree Removal and Stump Grind, Project No. WD22004
0 0.3 0.6 1.2 1.8 2.4
Miles
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Legend
!( Stump Removal Locations
!( Tree Removal Locations
ATTACHMENT A
197
Location List
Tree Removal and Stump Grind, Project No. WD22004
No. Address Tree Removals
(includes stumps) Stump Removals
1 446 Felton Way 2 ‐‐‐
2 1743 N. Hunter Street 1 ‐‐‐
3 1605 E. Washington Street 1 ‐‐‐
4 328 S. Laurel Street 3 ‐‐‐
5 502 Tuolumne Place 1 ‐‐‐
6 731 Loretta Court 1 ‐‐‐
7 1236 W. Willow Street 2 ‐‐‐
8 820 & 826 N. Stockton Street 4 ‐‐‐
9 101 E. Mariposa Avenue (Wilson Elementary School) 12 ‐‐‐ 10 27 W. Adams Street 1 ‐‐‐
11 4217 Round Valley Circle 1 ‐‐‐
12 2175 Raymond Avenue 2 ‐‐‐
13 227 E. Ellis Street 1 ‐‐‐
14 812 W. Acacia Street 1 ‐‐‐
15 1526 Pinchot Street 2 ‐‐‐
16 2902 N. El Dorado Street 1 ‐‐‐
17 1346 E. Harding Way 1 ‐‐‐
18 E. Acacia St & N. El Dorado Street 3 ‐‐‐
19 2275 N. Argonaut Street 1 ‐‐‐
20 901 Columbia Avenue 1 ‐‐‐
21 1140 N. Country Club Boulevard 2 ‐‐‐
22 2011 Myrtle Street 1 ‐‐‐
23 1512 Sycamore Avenue 2 ‐‐‐
24 1631 W. Rose Street 1 ‐‐‐
25 1301 S. Van Buren Street 1 ‐‐‐
26 1572 W. Poplar Street 2 ‐‐‐
27 1064 Carrie Street 1 ‐‐‐
28 1311 S. San Joaquin Street 2 ‐‐‐
29 2405 N. San Joaquin Street 1 ‐‐‐
30 1135 N. Sutter Street 2 ‐‐‐
31 Houston Avenue & Eighth Street 5 ‐‐‐