City Council and Concurrent Authorities
May 24, 2022

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
indemnify, and hold harmless City, its Mayor, Council, officials, and employees from and against any and all claims and causes of action which result in liabilities, judgments, awards, losses, damages, expenses, and costs (including reasonable attorneys’ fees, expert and consultant fees, and other expenses of litigation) including, but not limited to, death or injury to persons, or damage to property, which arise out of any violation of federal, state, or municipal law or ordinance, to the extent damages are caused by the Consultant’s negligent services provided under this Agreement, or are in any way caused by the negligent performance of work by the Consultant or Consultant’s officers, agents, employees, or subcontractors. Consultant shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the 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 Consultant to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Consultant 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 the exception that this section shall in no event be construed to require indemnification by Consultant 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, Consultant shall indemnify, defend, and hold harmless City, its Mayor, Council, officials, representatives, and employees from and against claims, losses, expenses, and costs including, but not limited to, reasonable attorneys’ fees, arising out of any claim brought against the City by an employee of Consultant, regardless of whether such claim may be covered by any applicable workers compensation insurance.

Consultant’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 Consultant under workers’ compensation acts, disability acts, or other employee benefit acts.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on August 31, 2025, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

6. CONFORMANCE TO APPLICABLE LAWS. Consultant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant 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 D). 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.xht ml?lawCode=LAB&division=2.&title=&part=7.&chapter=1.&article=2. d. PREVAILING WAGE RATES
Consultant 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

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
determined the general prevailing rates of wages 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 authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant 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 Consultant and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant 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.p df. The Consultant 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 Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant 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 Consultant, 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. PAYROLL RECORDS - The Consultant 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 Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS - The Consultant 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.

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)
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 Amendment will not become effective until approved by the authorized City official.

11. TERMINATION. The City may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant.

The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)

15. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant:

Swatt Miers Architects To City: Public Works Director
5845 Doyle Street City of Stockton
Suite 104 22 E. Weber Ave., Rm. 301
Emeryville, CA 94608 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant 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 purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

Professional Services Contract – SWATT MIERS ARCHITECTS – PROJECT NO. P023001 (Updated 02/28/18)

21. GOVERNING LAW. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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EXHIBIT 1 2503

4.0 DETAILED WORK PLAN
STOCKTON ANIMAL SHELTER RENOVATION SWATT | MIERS ARCHITECTS As discussed in our 1.0 Project Summary and 3.0 Project Understanding we are proposing to commence the project with 3 specific areas of work occurring currently.

These include the following;
A. PHASE 1
A.1 Space Programming and Needs Assessment Study - See detail below A.1.1 Projected Animals Held Calculations - to determine Kennel needs - See detail below and Appendix for examples
A.1.2 Facility Program - Outlining all required animal holding and functional spaces - See Details below and Appendix with examples
A.1.3 Needs Assessment Study - This study will include A.1.1 and A.1.2 above and include the rationale and basis for all requirements.

A.2 A&E Team evaluation of all existing building systems including Background Research of existing plans and maintenance issues - This will include written reports for each building system including structural, mechanical, plumbing, electrical, ADA compliance and other code related issues as well as recommendations on improvements/corrections.

A.3 Hazardous Material Study - The focus of this study will be not only on existing hazardous ,materials but the nature of these materials relative to being friable or non friable and whether 1) its removal is necessary and 2) does the material affect work in these areas based upon other ongoing studies in this phase.

A.4 Plan Alternatives - Based upon the Needs Assessment Study above, we will develop alternative plans for all spaces outlined in the RFP along with other conditions which we find are either in need of correction or improvement. These plans will include alternatives to the base program spaces which will be estimated along with the base program areas to better allow staff the ability to adjust the required program areas and improvements to the available budget.

A.5 Develop an Outline Specification and Narrative of Intended Work - In order for the cost estimator to develop a meaningful concept cost estimate, it is important that we provide additional qualitative requirements upon which the costs can be based.

These recommendations can be expected to range from improvements to plumbing and cleaning systems to ADA related upgrades.

A.6 Concept Cost Estimate - We will develop a concept design cost estimate including alternatives based upon all the work outlined under tasks A.1 thru A.5 above. While subsequent estimates may contain more detail, we feel this is the most important estimate as it will be the basis of how the Team proceeds with the final scope of work.

A.7 City of Stockton and A&E Team to agree upon the Project Scope of Work - In order to proceed further with development of a scope of work that meets the City’s budget, it is imperative that there be a clear agreement of the desired work that is realistic given the budget. We strongly feel that this is ihe most critical moment in the project as this is the foundation upon which all subsequent work will be based.

Program Chart
Concept Test Plan
Test Program Diagram
EXHIBIT A Page 10 of 34 EXHIBIT 1 2504

4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION B. PHASE 2 - Design Development - While this phase is not mentioned in the City’s RFP, it is a critical phase whereby the design and renovation elements approved in the Concept Design phase above, are developed and evaluated relative to the approved concept cost.

B.1 DD Cost Estimate
C. PHASE 3 - Construction Documents - This phase will commence once the DD estimate and scope of work is approved. Managing the project and all consultants while always of major import is particularly key during this phase so as to keep scope of work aligned with budget and schedule.

C.1 65% CD Cost Estimate
C.2 95% CD Cost Estimate
C.3 - Prepare complete Specifications - and incorporate City’s front end documents as directed.

D. PHASE 4 - Permit Submittal and Review Our scope of work during this phase will follow the City’s RFP and traditional scope of work for public projects. We will coordinate all Plan check review comments and make sure our team response is thorough and timely.

E. PHASE 5 - Bidding - While we assume that the City will take the lead in issuance of the bid documents, we are available to assist in any way the City wishes. In particular, we will answer all bidder questions and issue Addendums as needed.

F. PHASE 6 - Construction Support - In Section 4.7 of the RFP the City clearly calls out the intended role of the design team which we will follow.

F.1 - As-Built Drawings - We will include sections in the Bid Document specifications which call for the General Contractor to maintain in progress As-Built drawings at the job site trailer which can always be accessed by the City and Design Team. Upon completion of the project, we and our Consultant team will use i]^h On Site As- Built set to update the contract documents into a formal, reproducible As-Built set of documents.

Programming Approach
Our firm places special emphasis on developing thorough Needs Assessment and Facility Program studies as well as a very detailed Concept Design – well beyond the scope of work which most professionals associate with these two phases. Our reasoning for this is simple – these are the phases wherein most of the important design, budget and operational decisions are made by the Client/User Team. Our Programming Approach and Methodology outlined below, illustrate the importance we place on these initial phases of the work. Each project has its own unique set of parameters and needs which, we believe, requires its own special approach. We, therefore, dovetail our project methodology to the unique requirements of each client.

However, irrespective of the unique differences between projects, one of the most critical aspects of the Program is that it be thorough, accurate and most importantly Architect Adjacency Diagram
Client Goals
EXHIBIT A Page 11 of 34 EXHIBIT 1 2505

4.0 DETAILED WORK PLAN
STOCKTON ANIMAL SHELTER RENOVATION SWATT | MIERS ARCHITECTS – be documented in a manner that allows the client to understand it. We consider the facility’s program to be much akin to the building’s foundation in that if the program is incorrect, then many of the design decisions which follow may be invalid including the size, budget, design and ultimately schedule as everyone attempts to correct the problem. Thus, we believe that the best way to ensure a well run, “on schedule” and “on budget” project, is to start off with a sound programming process which, in addition to establishing the criteria for the design, also establishes the project’s ongoing management procedures. Since we have not yet had the opportunity to meet with your client team to discuss the organization’s special needs, we have provided below a brief summary of our typical Programming and Schematic Design methodology for your review.

With the above in mind, the following should be considered a starting point for discussions with the client team.

A. Program Development and Budget Reconciliation – The first step in any building design, whether it is a house or an Animal Care facility, is the development of a “realistic” facility program which meets the client’s operational needs. As discussed above, the next step is to reconcile the desired program with the realities of the budget.

Given the “work flow” nature of Animal Care facilities which contain so many different functions (animal holding, adoption, socialization/isolation/quarantine areas, educational components, exhibits, locker rooms, medical facilities, offices, etc.), the development of this program is particularly critical. Our firm’s philosophy is that a facility is intended to facilitate the client/user’s operational procedures and needs – not the Architect’s concept of what the client/user should be doing. At the same time, we believe our extensive animal care experience allows us to offer our clients a range of alternative design and program approaches which have proved successful in other facilities as well as an alternative point of view for discussion purposes. Balancing these collective visions and needs is the art of programming. In order to integrate this information into a cohesive program, there must be a continuing dialogue between the Architect and User Team wherein information is well documented. We accomplish this through several techniques including;
1) Meetings with each Department, which are carefully recorded in minutes and then sent to all parties for correction and additions. These meeting minutes become an integral part of our program document.
2) Tours of related facilities and, where that is not convenient, slide shows of the facilities. We have found that clients often find it easier to conceptualize beyond the “box” of their own facility by visiting others. In addition, it is often easier for clients to articulate what does and doesn’t work when the situation is at hand, 3) Sketches and models during this phase in order to obtain better feedback.

Workflow Diagram
Humane Society Silicon Valley
EXHIBIT A Page 12 of 34 EXHIBIT 1 2506

4.0 DETAILED WORK PLAN
SWATT | MIERS ARCHITECTS STOCKTON ANIMAL SHELTER RENOVATION 4) Participating in the client’s programs and activities. Whether this means assisting kennel staff in cleaning animal habitats or attending a behavioral training workshop - the exercise of working with the user provides the Design Team with an invaluable insight into “how it should really work for you”!
Similar to a police investigation, the key to a successful programming process is not just the collection of information (i.e. the office is 120SF), but the collection of relevant information (i.e. how the furniture is oriented, what functions take place in the room, are leash hooks needed, etc.). While this takes more time and commitment by all parties to examine critical program components such as storage needs, animal intake procedures, kennel/cage cleaning requirements as well as overall Animal Shelter operational flow needs, it is a time allocation which must be made. Ultimately, agreement on these issues is necessary to insure a well-designed, user-oriented facility. We also believe that if this phase is not documented correctly, then all other phases will suffer accordingly. This is why the key principals of our firm, and particularly the eventual project designer, perform this work.

B. Workflow Analysis – The above noted meetings, staff input and program data allows us to review the preferred “functional flow” of activities throughout the facility.

We believe a review of our Animal Care projects such as the Edmonton Humane Society Facility, San Diego Campus for Animal Care, and the Sacramento County Animal Care and Regulation Facility, in particular, will reveal facility plans which are largely predicated upon the desired program adjacencies as articulated by our animal care users. In this sense, our design approach is to develop our facilities from the inside out rather than letting exterior design concepts dictate the internal floor plan and ultimately the client’s programs. In the course of doing so, we will evolve varying ways of organizing the numerous animal care related functions which we review in detail with our clients.

C. Space Plan Development – The discussion of Items A and B above also characterizes our approach to the development of the space plan. However, before developing the internal plans (but after the desired relationships are established), we first look at overall site access relative to staff, clinic, animal surrender, visitor parking, sallyport access, and any other public accessible area. . Since parking generally occupies a significantly larger area than the building (an approximate 2.5 to 1 ratio), it generally will have a greater impact on the site plan than the building. Once these relationships are established, we will then integrate the main vehicular entrances and site needs with the adjacency diagrams to evolve a series of plan alternatives for client review. Normally, we use simple, three dimensional floor plan models along with 3-D computer generated walk-throughs to help staff better evaluate the plans.

Energy Efficient Design: In addition, due to the limited funds available to most of our clients, each project focuses special attention on operational costs, energy efficiency, and overall sustainability. Towards this end, many of our recent projects have been designed to LEED standards including Winnipeg Humane Society (Gold), Palm Springs Animal Control (Silver), Sacramento County Animal Control (Gold), Annenberg Tony LaRussa’s Animal Rescue Foundation
Adoption & Education Center
Annenberg PetSpace
Peninsula Humane Society
EXHIBIT A Page 13 of 34 EXHIBIT 1 2507

4.0 DETAILED WORK PLAN
STOCKTON ANIMAL SHELTER RENOVATION SWATT | MIERS ARCHITECTS “Pet Space” project (Platinum), Peninsula Humane Society (Silver), and Humane Society of Silicon Valley (Gold). In addition to our animal care work, we are also a full-service architectural firm with more than thirty-five years of experience providing our clients with comprehensive services in architecture, planning, and interior design. The firm is directed by Robert Swatt, FAIA and George Miers, AIA and was established in 2009 when Robert Swatt and George Miers merged their practices. Robert Swatt established Swatt Architects in 1975 after working in the offices of renowned architects Cesar Pelli and Howard A. Friedman. George Miers founded George Miers & Associates in 1982 after serving as Studio Director at Kaplan McLaughlin Diaz and Project Designer at Skidmore Owings and Merrill. The firm is based in Emeryville, CA.

Over the years we have been very fortunate to have established successful long-term relationships with our clients. We believe the key to this success has been the handson involvement of senior management staff with maximum Principal participation in all phases of each project. The Principals of our firm lead the programming and design effort of all commissions and collaborate with our Project Managers on a daily basis to ensure both client satisfaction and that each project is delivered on time and on budget.

Our dedication to service and design excellence has resulted in more than 45 local, regional and national design awards, the prestigious 1994 National Honor Award for Interiors from the American Institute of Architects, and a 2009 AIACC Award of Merit.

Palm Springs Animal Shelter
Annenberg PetSpace
Humane Society Silicon Valley
EXHIBIT A Page 14 of 34 EXHIBIT 1 2508
PRICE PROPOSAL FOR STOCKTON ANIMAL SHELTER RENOVATION - REVISED 2/2/2022 FOR REVIEW AND DISCUSSION Program /
Needs Assessment Hrs DD+CD Hrs Permitting Hrs Bidding Hrs Construction Hrs As-Builts Hrs TOTAL TOTAL
HRS
Swatt Miers Architects $60,480 574 $282,100 2036 $10,800 88 $4,800 30 $94,200 625 $6,800 64 $459,180 3417 ZFA Structural Engineers $3,760 24 $38,940 356 $2,460 36 $660 12 $13,620 108 $1,110 16 $60,550 552 Stanton Engineering - HVAC $3,200 23 $27,600 197 $200 1 $200 1 $5,600 40 $200 1 $37,000 263 Stanton Engineering - Plumbing $2,400 18 $20,800 160 $200 2 $200 2 $5,600 43 $200 2 $29,400 227 HCS Engineering - Electrical $2,100 26 $33,600 265 $1,200 2 $600 2 $6,800 52 $300 2 $44,600 349 Civil Engineer***** $6,000 48 $15,500 76 $300 2 $300 2 $2,500 15 $450 3 $25,050 146 Environmental/Hazardous Waste** $4,500 $4,500 0
Acoustical*** $5,000 $5,000 0
Mack5* $17,476 $22,053 $39,529 0
UC Davis School of Shelter Medicine**** $0 25 $8,000 7 $8,000 32 SUB-TOTALS $99,916 738 $453,593 3097 $15,160 131 $6,760 49 $128,320 883 $9,060 88 $712,809 4986 TBD - to be determined
*Mack5's CD budget includes two estimates at 65% and 90% **4,500 was quoted by Silicon Valley Environmental Group Inc. to complete a Phase 1 Survey until that survey is completed it's not possible to quote a final fee but they estimated it would be between $12,000 and $20,000 *** We have included allowances for acoustical engineering review. Until the exact design is selected and existing conditions reviewed, it is not possible to confirm an exact scope of work. **** Relocated UC Davis Phase 1 Program/ Needs assessment fees to Phase 2 DD+CD ***** Reduced Civil fee by $2500 in phase 1 and relocated to Phase 2

EXHIBIT B
EXHIBIT 1 2509
The City of Stockton is now using www.PINSAdvantage.com to track Insurance Certificates and all related documents.

The PINS system starts with The City of Stockton. A Stockton User logs into PINS and emails a request for proof of insurance to the Vendor/Contractor. The Vendor/Contractor forwards the request email to their Insurance Agent(s). The Insurance Agent(s) logs into www.PINSAdvantage.com and completes the insurance certificate online.
www.pinsadvantage.com
+ 1 626 844 1838
WHAT IS THE PROCESS?
Note: Vendors will receive the insurance request email from: [email protected] Thank you for your compliance!
01 02
03 04
The Vendor/
Contractor forwards
the email to their
insurance agent(s).

PINS notifies
The City of Stockton
that documents have
been submitted and
automatically checks
for compliance.

Agent(s) log into
PINSAdvantage.com
and complete
the insurance
certificate online
A Stockton User
logs into PINS and
emails a request for
insurance to the
Vendor/Contractor

EXHIBIT C
EXHIBIT 1 2510
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).

Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract 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, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office 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 Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Contractor provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see 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 C
EXHIBIT 1 2511
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.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.

EXHIBIT C
EXHIBIT 1 2512
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.

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.

Claims Made Policies (note – applicable only to professional liability) If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

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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.

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

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ANIMAL SHELTER

RENOVATION

PROJECT
Police Department & Public Works Department
City Council Meeting
May 24, 2022
Agenda Item 15.4

CITY OF STOCKTON
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PROJECT LOCATION
Animal Shelter Renovation Project
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INTAKE TYPE DOG CAT TOTAL
Adoption Return 31 161 192
Born in CR 12 26 38
Confiscate 13 183 196
Euthanasia Request 7 30 37
Owner Surrendered 90 606 696
Rabies Quarantine 16 130 146
Stray 3,459 3,793 7,252
Transfer In 9 16 25
TOTAL 3,637 4,945 8,582

SHELTER STATISTICS
Animal Shelter Renovation Project
Cat and Dog Intakes for 2020:
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• Animal Protection League
• San Joaquin County Sheriff's Office
• Sacramento Shelter Pets Alive
• Cool Cats and Barking Dogs Fundraising Board
• Community Foundation of San Joaquin
• Numerous Animal Rescue Organizations and Fosters

ANIMAL SHELTER STAKEHOLDERS
Animal Shelter Renovation Project
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VETERINARIAN SERVICES
Animal Shelter Renovation Project
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• The two temporary trailers were never intended to be a permanent solution for medical procedures. They were a temporary solution until a capital improvement project could be funded.
• The capital improvement project did not come to fruition due to the fiscal crisis in 2008-2012.
• In 2021, ARPA funding was allocated with the intent to rehabilitate and update the Animal Shelter.
• Improve the public image of the Shelter.
• Serve as an employee recruiting and retention tool.
• Adding a medical facility, and animal care space allows the Shelter to provide care at a higher level.

PROJECT NEED
Animal Shelter Renovation Project
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• New Building (approx. 7,000 SF):
✓Cattery
✓Medical Facilities/Free Spay & Neuter
✓Staff Offices
✓Restrooms
✓Animal Isolation
✓Animal Rehabilitation
✓Conference Room

PROJECT SCOPE
Animal Shelter Renovation Project
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• Repurpose Existing Modulars
• Install Network Upgrades
• Add Backup Generators
• Add New Industrial Freezer
• Additional Kennel Space
PROJECT SCOPE (continued)
Animal Shelter Renovation Project
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POTENTIAL FOR EXPANSION
Animal Shelter Renovation Project
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PROJECT SCHEDULE
Animal Shelter Renovation Project
• May 2022 – Award Design Contract
• Spring 2023 – Advertise for Construction Bids
• Summer 2023 – Award Contract and Start Construction
• Summer 2024 – Construction Completion
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PROJECT COST AND FUNDING
Animal Shelter Renovation Project
DESCRIPTION APPROX. COST (millions)
Design $0.8
Construction $5.3
TOTAL $6.1
FUNDING SOURCE FUNDING (millions)
American Rescue Plan Coronavirus State and
Local Fiscal Recovery Funds
$5.4
Estate Donation from Carl O. Shatz $0.2
Geraldine Schmidt Trust $0.5
TOTAL $6.1
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RECOMMENDATION
Animal Shelter Renovation Project
It is recommended that the City Council adopt a
resolution to:
• Award a Professional Services Contract to Swatt
Miers Architects in the amount of $712,809.
• Approve findings pursuant to Stockton Municipal
Code section 3.68.070 in support of an exception
to the competitive bidding process.
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Questions?
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City of Stockton
Legislation Text
File #: 22-0483, Version: 1

APPEAL OF THE PLANNING COMMISSION APPROVAL OF AN AMENDMENT TO COMMISSION USE PERMIT (P17-0134) TO ALLOW THE EXPANSION OF A CANNABIS STOREFRONT RETAILER BUSINESS WITHIN A 31,780 SQUARE FOOT INDUSTRIAL BUILDING AT 2401/2403 STAGECOACH ROAD (APPLICATION NO. P21-0311) (APN 173-320-18)

RECOMMENDATION
Staff recommends that the City Council adopt a resolution denying the appeal and upholding the Planning Commission’s decision to approve the following:

1. A finding that the proposed project is categorically exempt from CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilites) since the project will occupy an existing facility and no expansion of building or site is proposed.

2. An Amendment to a Use Permit for a Cannabis Retailer Storefront Business (P17-0134) to allow an 13,159 square foot floor area expansion within a 31,780 square foot industrial building, based on findings and subject to conditions in the proposed resolution.

Summary
The applicant, Cipriano Sulamo (dba Treebird Company, LLC), submitted an application requesting an amendment to an existing Use Permit for a Cannabis Storefront Retailer. The amendment would authorize the expansion of floor area within an existing industrial building on an Industrial,General (IG) zoned parcel at 2401/2403 Stagecoach Road (APN 173-320-180) (Attachment A - Location Map). The existing Use Permit allows for a maximum floor area use of 9,400 square feet (sq. ft.) within an existing 31,780 sq. ft. warehouse building. The applicant is proposing an approximate 13,159 sq. ft. expansion within the existing building. The expansion will provide for the conduct of cannabis distribution and non-volatile manufacturing uses which are allowed by-right (meaning no Use Permit approval required) for pre-existing Cannabis Storefront Retailer businesses in industrial zoning districts.

On December 9, 2021, the Planning Commission held a public hearing and considered staff’s presentation. There were no members of the public in attendance to speak on the project. After discussion, the Planning Commission unanimously approved the Amendment to the Use Permit to allow an approximate 13,159 square foot expansion request.

On December 16, 2021, the appellant, Fabian Ordaz (Stockton Partners, Inc.), filed an appeal of the Planning Commission’s decision for City Council consideration. The appeal states only that they do not believe this develepment project is in the best interests of the city. No further information was received.

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File #: 22-0483, Version: 1
As conditioned in the proposed Resolution, the project complies with all applicable provisions of the Stockton Municipal Code (SMC), including the location requirements for non-volatile manufacturing and distribution by-right uses outlined in SMC Section 16.80.195(E)(4) and 16.80.195(F)(4) which require seperation from sensitive uses (i.e. residential zones, parks, schools, etc.).

Approval of the project would provide the City’s General Fund with additional revenue collected through the Cannabis Business Tax which is currently 5% of revenue earned by the business.

As reflected in the staff analysis below, the applicant would enhance an existing business with the potential to strengthen the integrity of the surrounding area by expanding operations into a vacant portion of the existing building and providing local employment, accomplished in a manner that does not jeopardize or result in a hazard to public peace and welfare. Therefore, staff recommends denial of the filed appeal and upholding the Planning Commission’s December 9, 2022 approval of the proposed Use Permit amendment.

DISCUSSION
Background
On August 10, 2017, the Planning Commission considered a Use Permit application to establish a cannabis dispensary at 2401 Stagecoach Road (subject property). Objections were raised by the Planning Commission based on a perceived concentration of cannabis businesses in Central/South Stockton at that time. A motion to approve the permit failed resulting in a denial. The applicant (Chris Hester/Stagecoach Dispensary) subsequently appealed the denial to the City Council. On October 17, 2017, the City Council overturned the Planning Commission denial and approved the permit (Attachment B - Approved Resolutions) and, in doing so, authorized a maximum floor area of 6,000 sq. ft.

In 2018, the applicant (Chris Hester/2401 Stagecoach, LLC) submitted a Use Permit Amendment application (P18-0720) to authorize the expansion of the previously approved cannabis dispensary Use Permit (P17-0134). The expansion occurred within the existing warehouse, increasing the dispensary’s maximum authorized floor area of 6,000 sq. ft. by approximately 3,400 sq. ft, for a total of 9,400 sq. ft. The expansion allowed the utilization of an enclosed delivery area at the northwest corner of the building. On February 14, 2019, the Planning Commission approved the amendment and in doing so, authorized the expansion of the previously approved Use Permit to increase the total floor area to 9,400 square feet (see Attachment C, P18-0720 Approved Site Plan).

On March 5, 2019, and July 16, 2019, the City Council approved additional items to the Cannabis Regulatory Program, including ‘by-right’ allowances for existing Cannabis Permit Operators.

Allowances included the following additional ‘by-right’ land uses for pre-existing storefront retail and cultivation businesses:

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File #: 22-0483, Version: 1
“By-Right” Uses Pre-Existing Businesses
Storefront Retailer Cultivation
Date Granted
Cultivation N/A -
Distribution 7/16/19 3/5/19
Volatile Manufacturing N/A N/A
Non-Volatile Manufacturing 7/16/19 3/5/19
Testing N/A N/A
Storefront Retailer - 7/16/19
Non-Storefront Retail (delivery) 3/5/19 3/5/19
Microbusiness N/A N/A
As a point of reference, Staff has provided a location map of currently approved cannabis retail storefront, distribution, and manufacturing businesses as an attachment to this report (Attachment D - Existing Commercial Cannabis Businesses).

The current application concerns a further expansion of an additional 13,159 sq. ft. into the neighboring suite of the same existing 31,780 square foot industrial building, for a total of 22,559 sq.ft., identified as 2403 Stagecoach Road. The site is zoned Industrial, General (IG), and is located immediately east of U.S. 99, and is bounded to the:
· North by Peterson Road and industrial uses zoned IG and Industrial, Limited (IL) · East by Stagecoach Road and industrial uses zoned IG
· West and South by various industrial uses zoned IG
Project Description
The existing 31,780 sq. ft. building is currently divided into two suites, 2401 and 2403 Stagecoach Road, which is within one building on the same 1.34-acre parcel. The applicant is seeking approval for a major change to the previously approved Commission Use Permit (P17-0134) to expand into the adjacent suite (2403 Stagecoach Road) and increase the floor area by an additional 13,159 square feet, bringing the total square feet of the use permit to 22,559 (Attachment E - Project Plans), utilizing approximately seventy-one percent (71%) of the existing building. Additionally, the expansion enables the applicant to utilize the additional floor area of the warehouse to conduct Distribution and Non-volatile manufacturing, which are allowed by-right uses.

While the Distribution and Non-volatile manufacturing uses are allowed by-right per SMC section

16.80.195, the proposed expansion required the Planning Commission’s approval as the subject project is considered a major change per SMC 16.104.030, as it involves an increase in square footage of more than ten percent (10%). This change requires the original review authority, which in this case was the Planning Commission, to conduct the same type of review as that conducted for the original permit.

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File #: 22-0483, Version: 1
The proposed site is located within the Stockton Triangle Industrial Park subdivision; and the entire neighborhood is zoned for industrial uses. The surrounding uses include a material handling solutions facility to the north; a distributor and fabrication facility to the east; a landscaping company to the south; and a door manufacturer to the west.

If the Planning Commission approved amendment to the Commission Use Permit is upheld, a formal security plan and lighting plan will be submitted and reviewed by the Police Department as part of a new Operators Permit application to help ensure safe operations, per SMC Section 5.100.050.

The proposed 13,159 sq. ft. expansion requires an additional seven (7) parking spaces based on the required 1 space per 2,000 square foot parking ratio for cannabis distribution and manufacturing uses (SMC 16.64.040, Table 3-9). Given that the currently approved site plan provided an additional eight (8) spaces over minimum requirements, there is available parking to meet the required additional spaces, leaving one (1) surplus space for potential future use(s). The number of parking stalls is consistent with the requirements for proposed cannabis businesses and is adequate to service the business.

ANALYSIS
The appellant is requesting that the City Council consider reversing the Planning Commission’s approval thereby denying the Commission Use Permit. The City Council may uphold the Commission’s action and deny the appeal or reverse the Commission’s action with 4 concurring votes (a majority vote), in accordance with SMC Section 16.100.040.G.1. Staff recommends that Council uphold the Planning Commission’s approval of the project. Staff analysis is provided below Amendment to Commission Use Permit
The applicant submitted a request for a major change to an approved Commission Use Permit that currently allows a cannabis storefront retail operation with the intent to utilize the vacant space to conduct distribution and non-volatile manufacturing, which are allowed by-right per SMC section

16.80.195.A.13 in the Industrial, General (IG) Zoning District. The following analysis addresses the proposed expansion.

SMC Section 16.104.040.C.2 requires major changes to an approved Use Permit to undergo the same type of review process as that for the original permit. The Planning Commission review requires seven (7) findings of fact to grant approval of a Commission Use Permit (SMC

16.168.050.A). Each finding and staff’s analysis are as follows:

1. Finding: The proposed use is allowed within the subject zoning district with the approval of a use permit and complies with all other applicable provisions of this Development Code and the Municipal Code.

Staff Analysis: The proposed cannabis uses (i.e., use) are allowed by-right for the subject preexisting business per SMC 16.80.195.A.13. As conditioned, the cannabis use will be in conformance with the development standards outlined in Title 16 of the Municipal Code.

Adequate off-street parking spaces will be provided for the proposed use.

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The proposed expansion does not trigger location requirements, however the by-right uses within the expanded area meet the location requirements set forth in SMC 16.80.195(E)(4) and 16.80.195(F)(4). The site is not located within 300-feet of any existing residential zone.

The project is not located within 600-feet of any park, school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, childcare center, child care, in-home (family day care home), religious facilities, or drug abuse or alcohol recovery/treatment facility.

2. Finding: The proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located.

Staff Analysis: The proposed expansion and cannabis by-right uses would be situated in a vacant suite within the same building approved to conduct cannabis operations and is situated near several other industrial uses, in an industrial area. It would fill an existing unoccupied site which would help strengthen the integrity and security of the surrounding area by providing added security due to the nature of the land use. The proposed use would also align with the intent of the general plan to attract employment and tax-generating businesses that support the economic diversity of the city.

3. Finding: The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan.

Staff Analysis: The General Plan Land Use Map designates the subject site as Industrial. The Industrial designation is intended to accommodate a wide variety of industrial uses, including, but not limited to, uses with nuisance or hazardous characteristics, warehousing, light manufacturing, distribution and other related uses. The proposed expansion will house a byright cannabis distributor and non-volatile manufacturer where cannabis products will be manufactured and distributed. All of which are consistent with the uses described in the General Plan for the Industrial land use designation. The zoning district (IG) is also consistent with the City’s General Plan Industrial land use designation for the project site.

Additionally, the use permit amendment for square footage expansion is consistent with the following General Plan goals and policies:
· Goal CH-3, “expand opportunities for local enterprise, entrepreneurship, and gainful employment.”
· General Plan Policy LU-4.2, “attract employment- and tax-generating businesses that support the economic diversity of the city.”
· General Plan Policy LU-5.5: Compatible Land Use, “The City shall ensure an adequate separation between sensitive land uses (residential, educational, healthcare) and industrial land uses to minimize land use incompatibility associated noise, odors, and air pollutant emissions from industrial uses.”
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The proposed expansion furthers the above goals and policies since it would provide for two by-right business types that generate tax revenue for the City of Stockton’s general fund, expand opportunities for employment and entrepreneurship, and be consistent with the Industrial land use designation.

4. Finding: The subject site would be physically suitable for the type and density/intensity of uses being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.).

Staff Analysis: The amendment has been analyzed by all applicable departments, and it has been determined that the existing streets and public access ways are adequate to serve the proposed project. The site has existing access to City utility services. Further, a Building Permit is required for the proposed cannabis facility, and the project will be required to comply with all applicable Building Code standards.

5. Finding: The establishment, maintenance, or operation of the proposed use at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use.

Staff Analysis: The proposed expansion and by-right cannabis uses will require the applicant to adhere to all applicable Building Code, Fire Code, and additional requirements established by the State of California, Department of Cannabis Control. The Department of Cannabis Control issues annual licenses and regulates cannabis distribution and manufacturing to ensure safe practices. The applicant will also be required to obtain and maintain an Operator’s Permit from the City that requires the business owner to develop and maintain a security and lighting plan that is reviewed annually by the Police Department.

All cannabis operations for the proposed uses will occur indoors, in an Industrial zone.

Appropriate security provisions will be incorporated into the project operations plan, including electronic surveillance and on-site security.

For the above reasons, the establishment, maintenance, or operation of the proposed use permit amendment to increase square footage would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

6. Finding: The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property.

Staff Analysis: The proposed expansion would be located in an existing vacant suite, in the same building as the approved use permit, in an industrial zone, near existing manufacturing and logistics facilities. The proposed uses are by-right, industrial and raise no potential issues related to compatibility with the existing and future land uses on-site and in the vicinity of the subject property and therefore are compatible with existing and future land uses on the site since a Use Permit for a commercial cannabis business use currently exists on site.

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7. Finding: The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Staff Analysis: The proposed amendment will occupy an existing facility where the footprint of the building and the site will remain unchanged. The project is categorically exempt from CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilites) since the by-right use will be expanding into an existing facility and no expansion of building or site is proposed.

Environmental Clearance
The proposed project is categorically exempt from CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilites) since the project will occupy an existing facility and no expansion of building or site is proposed.

Planning Commission
To permit the proposed expansion, the Planning Commission was asked to consider approval of the amendment to Commission Use Permit (P17-0134) subject to the Conditions of Approval. At the Planning Commission hearing of October 28, 2021, the item was continued to the November 18, 2021, meeting with no discussion. At the Planning Commission hearing of November 18, 2021, the item was pulled by staff to an undetermined date, with no discussion.

On December 9, 2021, the Stockton Planning Commission conducted a duly noticed hearing and considered the staff report and presentation. No written comments were submitted prior to or at the Planning Commission hearing. The Planning Commission voted 6-0 (Garcia absent) to approve the Project expansion. (Attachment F - Planning Commission Resolution 2021-12-09-0501).

Applicant Appeal
On December 16, 2021, an appeal of the Planning Commission approval was filed by Fabian Ordaz of Stockton Partners, Inc., stating that the development project is not in the best interest of the public and that a detailed explanation of the issues at large would follow (Attachment G - Appeal). After multiple attempts to contact the appellant via United States Postal Service mail on February 7, 2022, and via email correspondence on December 20, 2021, and February 7, 2022, staff did not receive a follow-up from the appellant.

Staff recommends denial of the appeal and upholding the Planning Commission’s approval of the proposed project.

PUBLIC COMMENT
Notice for this item was published in The Record on May 13, 2022, and a notice was sent to all property owners within a 300-foot radius of 2401/2403 Stagecoach Road (APN 173-320-18).

No written comments have been submitted from the time of the appeal to the preparing of this staff report.

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FINANCIAL SUMMARY
Approval of the project would provide the City’s General Fund with additional revenue collected through the Cannabis Business Tax which is currently 5% of revenue earned by the business.

Attachment A - Location Map
Attachment B - Approved Resolutions
Attachment C - P18-0720 Approved Site Plan
Attachment D - Existing Commercial Cannabis Businesses
Attachment E - Project Plans
Attachment F - Planning Commission Resolution 2021-12-09-0501 Attachment G - Appeal
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12403 Stagecoach Road
Property Information
Property ID 17332018
Location 2403 Stagecoach Road
Proposed Use: 8,040 sq. ft. for
Distribution and Non-volatile
manufacturing.

MAP FOR REFERENCE ONLY NOT A

LEGAL DOCUMENT
City of Stockton, CA makes no claims
and no warranties, expressed or
implied, concerning the validity or
accuracy of the GIS data presented on
this map.

Geometry updated 09/18/21
Data updated 09/18/21
City of Stockton, CA
Attachment A 2550
Attachment B 2551
Attachment B 2552
Attachment B 2553
Attachment B 2554
Attachment B 2555
Attachment B 2556
Attachment B 2557
Attachment B 2558
Attachment B 2559
Attachment B 2560
Attachment B 2561
Attachment B 2562
Attachment B 2563
AREA OF WORK SUITE 2403

STAGECOACH ROAD
PETERSON AVE.
92' - 0 1/8" 124' - 8"
216' - 8 1/8"
20' - 0" 4' - 5"
(E) TOP OF
CURB

NOT PART OF PERMIT
(E) PARKING

1.7 1.6 1.10

1.11 1.15

1.13 1.14

1.6 1.8
P
L
P
L
(E) RAMPS

2.1 2.2

10.14 10.15

10.16 26.13
1 2 3 4 5 6 7 8 9 10 11 12 13
(1) VAN ACCESSIBLE

PARKING SPACE
(CBC 1109.A.8.6)

33.4 SUITE 2401
TYP.
9' - 0"
P
L
P
L

1.8 1.8
9' - 0"
22 20
21 19
14 15 16 17 18

1.17 23 24 25 26 27 28

LINE SHOWING PREVIOUSE

PLANTING EDGE
29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 29' - 0 7/16"
CLR. DRIVEW
A
Y
25' - 0"

LINE SHOWING PREVIOUSE

PLANTING EDGE
23' - 0"

PROPOSED NEW PARKING
STALLS

LINE SHOWING PREVIOUSE

PLANTING EDGE
(E) PLANTING
(E) PAVING

ACCESSIBLE PATH OF TRAVEL

STAGECOACH ROAD
PETERSON AVE.

P
L
P
L
P
L

AREA OF WORK
TOTAL STALLS: 47
TOTAL ACCESSIBLE STALLS:
1 1 (VAN ACCESSIBLE)

1. THE GENERAL CONTRACTOR SHALL VERIFY ALL DIMENSIONS AND CONDITIONS FOR THE PROJECT PRIOR TO

COMMENCING WORK AND REPORT ANY DISCREPANCIES, INCONSISTENCIES ERRORS, OMISSIONS, AMBIGUITIES AND/OR CONFLICTS TO THE DESIGN TEAM.

2. IT IS THE CONTRACTORS RESPONSIBILITY TO LOCATE AND INSTALL & CONNECT ALL MECHANICAL, ELECTRICAL AND MISCELLANEOUS EQUIPMENT AS REQUIRED TO COMPLETE THE WORK.

3. GENERAL CONTRACTOR SHALL KEEP THE PREMISES FREE FROM THE DAILY ACCUMULATION OF WASTE MATERIALS OR RUBBISH CAUSED BY ALL ON-SITE OPERATIONS. AT THE COMPLETION OF THE WORK, THE GENERAL CONTRACTOR SHALL CLEAN ALL GLASS, WALLS, AND DOOR SURFACES, VACUUM ALL FLOOR SURFACES, AND LEAVE THE SITE "BROOM CLEAN." THE CONTRACTOR SHALL NOT BE RESPONSIBLE FOR CLEANING THE EXTERIOR OF THE EXISTING WINDOWS.

4. GENERAL CONTRACTOR SHALL COORDINATE WITH BUILDING OWNER AND THE DESIGN TEAM. FOR ALL SHUTDOWNS IN ADVANCE, AS REQUIRED. GENERAL CONTRACTOR SHALL COORDINATE WITH BUILDING OWNER FOR PARKING AND DELIVERY PROCEDURES.

5. PROVIDE BARRICADES AROUND ALL NEW AND EXISTING OPENINGS WHERE REQUIRED OR NECESSARY FOR SAFETY PER CAL. OSHA REQUIREMENTS.

6. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING TEMPORARY UTILITIES (POWER, LIGHTING, WATER AND

RESTROOM FACILITIES) TO THE JOB SITE FOR USE BY ALL CONSTRUCTION TRADES, INCLUDINGTHOSE NOT SUBCONTRACTED TO THE GENERAL CONTRACTOR. GENERAL CONTRACTOR SHALL COORDINATE WITH ALL EQUIPMENT MANUFACTURERS FOR EQUIPMENT ROUGH-IN REQUIREMENTS.

7. IT WILL BE ASSUMED THAT SITE INSPECTION HAS BEEN MADE AND THAT THE CONTRACTOR IS SATISFIED AS TO EXISTING CONDITIONS PRIOR TO SUBMITTING ANY BID. NO CLAIM FOR EXTRA PAYMENTS WILL BE ALLOWED ON THE BASIS OF A LACK OF KNOWLEDGE OF EXISTING CONDITIONS AND OF PROBLEMS ARISING THEREFROM.

8. THE ACCESSIBLE ROUTE TO BE 5% MAXIMUM RUNNING SLOPE WITH 2% MAXIMUM CROSS SLOPE PER CBC 11B-402.2.

RETAIL TYPE

DISPENSARY

TOTAL GROSS

AREA (SF)
9257 SF

PARKING

LOAD FACTOR
250

TOTAL PARKING
SPACES
38 REVISIONS
Issue Date Scale
No. Date
HELEO + PROJECT #

URBN LEAF

STAGECOACH
01 TENANT IMPROVEMENT
PROJECT ADDRESS:
2401 STAGECOACH ROAD
STOCKTON, CA. 95215
© HELEO +
Description
5 4 3 2 1
C
D
B
A
BUILDING PERMIT SUBMITTAL 8/15/18
APN: 173-320-18
2250 INDIA ST. #210SAN DIEGO, CA 92101T: 619.666.0790
1/17/2019 As indicated
3:37:48 PM

SITE PLAN &

ACCESS PLAN
A000
1801
1/16" = 1'-0"
1 SITE PLAN_SITE PLAN
LEGEND

SITE NOTES

KEY MAP PLAN

KEYNOTES

1.6 (E) PLANTING

1.7 (E) TRASH AREA

1.8 (E) DRIVEWAY

1.10 PROPOSED ADA SIGN

1.11 PROPOSED ACCESSIBLE VAN PARKING SPACE

1.13 PROPOSED ADA STRIPING PAINT BLUE

1.14 ACCESSIBLE PATH OF TRAVEL

1.15 SYMBOL

1.17 TACTILE WARNING SURFACE

2.1 (E) WATER METER

2.2 (E) WATER VALVE

10.14 STOP SIGN

10.15 MAILBOX

10.16 PARKING SIGNAGE

26.13 (E) STREET LAMP

26.14 (N) EXTERIOR WALL SCONCE

26.15 (E) EXTERIOR WALL SCONCE

33.4 ELECTRIC METERS

PARKING COUNT

PARKING MATRIX
NO

PARKING
Attachment C 2564

BEN HOLT DR

FRENCH CAMP RD

MARIPOSA RD

EIGHT MILE RD

THORNTON RD DAVIS RD

WEST LN

MORADA LN

HAMMER LN

MARCH LN
EL
D
O
RADO
ST

HARDING WY

FREMONT ST

DR MLK JR BL

AIRPORT WY
LWR

SACTO RD

PACIFIC AV

PERSHING AV

MAIN ST

EL DORADO ST

WATERLOO RD

CHEROKEE RD

ROTH RD

AIRPORT WY

WILSON WY

ALPINE AV

ROBERTS RD

HOWARD RD

MATHEWS RD

CHARTER WY
4 4
4 5
5 5
26 88
99 99
99 OPEN
678 N WILSON WAY, SUITE A
OPEN
1550 W FREMONT ST

NOT OPEN
2401 STAGECOACH RD
OPEN
3706 E HAMMER LN, SUITE 6
OPEN
7632 PACIFIC AVE

NOT OPEN
1903 NAVY DR
OPEN
633 SAN JUAN AVE

NOT OPEN
7979 S AIRPORT DR
OPEN
1621 NAVY DR
OPEN
2233 GRAND CANAL BLVD, SUITE 104

NOT OPEN
3008 E HAMMER LN, SUITE 208
NOTE: "The Information on this map is based on the City's best available information at the time the map was prepared and is only an approximate representation of areas that may be available for the possible establishment of Commercial Cannabis Businesses. This map should only be used as a guide and does not replace the need for an applicant's due diligence as to determining if a site complies with applicable zoning and separation requirements." The information on this map is based on the most current information available to the City of Stockton Geographic Information System Section. The information on this map is not intended to replace engineering financial, or primary records research.

OPEN
7840 WEST LN SUITE F
1 0.5 0 1 2
Miles
Oct '21
Cartographer: T. Boyd
Attachment D2565
Attachment E
2566
Attachment E
2567
Attachment E
2568
Attachment F 2569
Attachment F 2570
Attachment F 2571
Attachment F 2572
Attachment F 2573
Attachment F 2574
Attachment F 2575
Attachment F 2576
Attachment G 2577
Attachment G 2578
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF AN AMENDMENT TO COMMISSION USE PERMIT (P17-0134) TO ALLOW THE EXPANSION OF AN APPROVED STOREFRONT CANNABIS RETAIL BUSINESS IN AN EXISTING 31,780 SQUARE FOOT INDUSTRIAL BUILDING AT 2401/2403 STAGECOACH ROAD (APN 173-320-18) (APPLICATION NO. P21-0311)
The applicant, Cipriano Sulano, submitted a Use Permit Amendment application to authorize the expansion of an approved cannabis dispensary within an existing building at 2401 Stagecoach Road into 2403 Stagecoach Road in an IG (Industrial, General) zoning district; and
The amendment would permit the expansion of a previously approved cannabis retail business into an adjacent space, increasing the floor area by 13,159 square feet; and
The addition of Distribution and Non-Volatile Manufacturing uses at this location are allowed by-right for pre-existing storefront retail cannabis operations in industrial zoning districts per SMC Section 16.80.195.A.13, and all minimum separation requirements from sensitive uses and other restrictions as required by SMC sections

16.80.195.E.4 and 16.80.195.F.4 are met; and
The Stockton Police Department will review the required security plan for the subject facility prior to any issuance of a new operators permit and City business license, and before the site can be occupied. The review will ensure the Security Plan meets the Police Department standards and includes provisions for security guards, access controls, video surveillance, and lighting; and
On December 9, 2021, the Planning Commission approved the Commission Use Permit Amendment by a vote of 6-0 (Garcia absent); and
On December 16, 2021, the appellant, Fabian Ordaz (Stockton Partners, Inc.), filed an appeal of the Planning Commission’s decisions; and
On May 24, 2022, the City Council convened a public hearing regarding the appeal of the Planning Commission’s decision. In such meeting, the City Council considered the request to appeal the Planning Commission’s decision and denied the appeal to reverse the Planning Commission’s decision based on the findings indicated in said resolution; now, therefore,
//
2579

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

A. The foregoing recitals are true and correct and incorporated by reference.

B. All findings must be made in the affirmative to approve the project.

C. Based on the staff report, staff presentation, and the public hearing, the City Council makes the following findings based on substantial evidence in the record:

USE PERMIT FINDINGS (COMMISSION AND ADMINISTRATIVE)

1. The proposed uses are allowed by-right for the subject pre-existing business per SMC 16.80.195.A.13 and complies with all other applicable provisions of the Stockton Municipal Code. The proposed cannabis uses (i.e., uses) are allowed in the IG Zone.

The subject by-right uses would be located within an existing industrial building, and the proposed development plans will be in conformance with Title 16 development standards, as conditioned. Adequate off-street parking spaces will be provided for the proposed uses. The proposed amendment meets the location requirements set forth in SMC 16.80.195(E)(4) and 16.80.195(F)(4). The project is not located within 300-feet of any existing residential zone. The project is not located within 600-feet of any park, school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, childcare center, child care, in-home (family day care home), religious facilities, or drug abuse or alcohol recovery/treatment facility.

2. The proposed by-right uses would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located. The proposed expansion and cannabis uses would be situated in a vacant suite within the same building already approved to conduct cannabis operations; and is situated near several other industrial uses. It would fill an exisitng unoccupied site which would help strengthen the integrity and security if the surrounding area by providng added security due to the nature of the land use. It would be aligned with the intent of exisiting building and General Plan to attract employment and tax-generating businesses that support the economic diversity of the city.

3. The proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan. The General Plan Land Use Map designates the subject site as Industrial. The Industrial designation is intended to accommodate a wide variety of industrial uses, including, but not limited to, uses with nuisance or hazardous characteristics, warehousing, light manufacturing, and other related uses. The proposed by-right uses are a cannabis distributor and non-volatile manufacturer where cannabis products will be manufactured and distributed, all of which are consistent with the uses described in the General Plan for the Industrial land use designation. The zoning district (IG) is also consistent with the City’s General Plan Industrial land use designation for the project site.
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Additionally, the use permit amendment is consistent with the following General Plan goals and policies:
 Goal CH-3, “expand opportunities for local enterprise, entrepreneurship, and gainful employment.”
 Policy LU-4.2, “attract employment- and tax-generating businesses that support the economic diversity of the city.”
 Policy LU-5.5: Compatible Land Use, “The City shall ensure an adequate separation between sensitive land uses (residential, educational, healthcare) and industrial land uses to minimize land use incompatibility associated noise, odors, and air pollutant emissions from industrial uses.” The proposed use permit amendment furthers the above goals and policies since it would provide for a business type that generates tax revenue for the City of Stockton’s general fund, expands opportunities for employment and entrepreneurship, and be consistent with the Industrial land use designation.

4. The subject site would be physically suitable for the type and density/intensity of uses being proposed including the provision of services (e.g., sanitation and water), public access, and the absence of physical constraints (e.g., earth movement, flooding, etc.). The proposed amendment has been analyzed by all departments and it has been determined the existing streets and public access ways are adequate to serve the proposed project. Further, a Building Permit is required for the proposed business before full occupancy; and the project will be required to comply with all applicable Building Code standards. The site has access to City utility services.

5. The establishment, maintenance, or operation of the proposed by-right uses at the location proposed and for the time period(s) identified, if applicable, would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, peace, or general welfare of persons residing or working in the neighborhood of the proposed use. The proposed square footage expansion and cannabis by-right uses will require the applicant to adhere to all applicable building code, fire code, and requirements established by the State of California, Department of Cannabis Control. The Department of Cannabis Control issues annual licenses and regulates cannabis distribution and manufacturing to ensure safe practices. The applicant will also be required to obtain and maintain an Operator’s Permit from the City that requires the business owner to develop and maintain a security and lighting plan that is reviewed annually by the Police Department.

All cannabis operations for the proposed by-right uses will occur indoors, in an Industrial zone. Appropriate security provisions will be incorporated into the project operations plan, including electronic surveillance and on-site security.

For the above reasons, the establishment, maintenance, or operation of the proposed use permit amendment to increase square footage would not endanger, jeopardize, or 2581
otherwise constitute a hazard to the public convenience, health interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use.

6. The design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property. The proposed expanion would be located in an existing vacant suite, in the same building as the approved use permit, in an industrial zone, near existing manufacturing and logistics facilities. The proposed uses are by-right, industrial, and raise no potential issues related to compatibility with the existing and future land uses on-site and in the vicinity of the project site, and therefore are compatible with existing and future land uses on the site since a Use Permit for a commercial cannabis business use currently exists on site.

7. The proposed action would be in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The proposed amendment will occupy an existing facility where the footprint of the building and the site will remain unchanged. The project is categorically exempt from the CEQA, pursuant to CEQA Guidelines section 15301(a) (Existing Facilities) since the use will be expanding into an existing Industrial builiding and existing infrastructure is adequate to serve the site and subject use; no expansion of the building or site is proposed.

CONDITIONS OF APPROVAL

1. This approval of an amendment to an approved Commission Use Permit authorizes the expansion of an existing business by 13,159 sq. ft. into an adjacent space to conduct Distribution and Non-volatile manufacturing operations in an industrial space as identified in Exhibit 1, attached, and incorporated by this reference.

2. The project shall comply with all applicable State, County, and City codes, regulations, and adopted standards, and pay all applicable fees.

3. In the event the operation of this use should prove to be detrimental to the health, safety, peace, or general welfare of the surrounding neighborhood, this Use Permit will be subject to revocation or modification, as required by the Development Code.

4. The Use Permit shall become effective following the completion of a ten (10) day appeal period following approval of the application.

5. The Use Permit shall be posted in a conspicuous place and be made available immediately to City personnel upon inspection of the premises.

6. The site shall use an activated carbon filtration system to prevent any odors from spilling outside of the facility, per SMC 16.32.040.

7. The owners, developers and/or successors-in-interest (ODS) shall be responsible for the City's legal and administrative costs associated with defending any legal challenge of the approvals for this project or its related environmental document, if any. 2582

8. Prior to commencing operations, a Cannabis Operators Permit shall be obtained in accordance with Stockton Municipal Code Chapter 5.100 (Commercial Cannabis Activity Permits).The business owner shall submit a complete Security Plan that meets all required elements of the mandatory Security and Lighting Plan as required with the Operator’s Permit process; and shall be approved by the Police Department and be in place before initiation of the approved use and all employees employed at the subject site shall be approved by the Police Department before the start of their employment.

9. The applicant shall post the name and phone number of the required on-site community relations staff on the exterior of the business, near the public entrance to the site. An answering machine or similar device shall be operational during all time that the business is closed. The posting shall also state that the Police Department may be contacted for emergency problems associated with the subject uses and that the Code Enforcement Division may be contacted to report non-emergency problems associated with the subject use. The notice should include 24-hour phone numbers for the Police Department and the Code Enforcement Division. A log of calls received by the subject use shall be maintained and submitted to the Community Development Department as part of the required review.

10. The Fire Department shall be allowed to inspect the cannabis business at any reasonable time to ensure compliance with all applicable provisions of the Fire Code, as well as other applicable codes, laws, and provisions, and is authorized to enforce those standards, as necessary.

11. Before initiation of the subject use, the most current technology for a video surveillance system with at least seven-day (7) continuous recording capabilities shall be in place. Video recordings shall be archived for at least 30 days. The video surveillance system shall cover the interior and exterior of the building, including the parking lot and entrances to the premises.

12. The project is required to obtain a Building Permit from the Building Department.

Plans submitted for building permit(s) shall reflect compliance with the conditions outlined in this approval and Title 16 (Development Code) of the Municipal Code.

13. To assist staff’s timely review of the Building Permit, plans submitted for Building Permits shall include a cover letter identifying the sheet numbers that correspond to each condition of approval.

14. All on-site parking stalls shall comply with the following requirements per SMC

16.64.080 (Development standards for off-street parking):
a. There shall be a minimum of 45 on-site parking stalls and said parking configuration shall be consistent with approved site plan for P18-0720. b. The parking spaces shall be a minimum of 9 ft. x 19 ft. with two feet of vehicle overhang.
2583
c. The parking spaces shall be clearly outlined with four (4) inch wide lines painted on the surface of the parking facility.
d. All parking spaces, driveways, circulation isles, and maneuvering areas shall be clearly marked with arrows and lines, in conformance with SMC

16.76.100(B).
e. Disabled Parking spaces shall be striped and marked so as to be clearly identified, in compliance with the applicable State standards. f. Continuous concrete curbing at least six (6) inches high and five and one-half (5.5) inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area, subject to the approval of the Director.

15. The proposed site shall include a minimum of one (1) bicycle parking space, per SMC 16.64.100 (Bicycle parking requirements and development standards). Bicycle parking shall be conveniently located within 50 feet of a building’s entrances or exits.

16. Plans submitted for Building Permits shall comply with the following fencing requirements, subject to review and approval by the Director:
a. No fence, wall or hedge shall exceed eight (8) feet in height if located in a front or rear yard within the building envelope, or in the rear and interior side yards. b. Vinyl-coated chain linked fencing shall be located at least (ten) 10 feet from the front and street side property lines. Chain link fencing is allowed along the interior and rear property lines provided it is not within (ten) 10 feet of the front or street side property lines
c. Other types of chain link fencing or similar materials (chicken wire, hog fencing, etc.) are prohibited within the 10-foot front and street side yard areas. d. Electrified fencing shall require an Alarm Permit which can obtained from the Police Department and Building Permit.
e. The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC or other approved 12 Volt DC or less power source.
f. A “Knox Box” or other similar approved devices shall be installed for emergency access by Police and Fire Departments.

17. Any graffiti on the building or in the property shall be removed within 48 hours of notification by the City. The City shall have the right to remove any graffiti not removed within 48 hours of notification.

18. Plans submitted for Building Permits shall include a final Landscape Plan, subject to review and approval by the Director, which shall include the following information:
2584

a. All trees within parking area shall be a minimum of 15-gallon container stock with a caliper size, at the time of planting.
b. Trees shall be located in planters that are bounded on at least three (3) sides by parking area paving.
c. All ends of parking lanes shall have landscaped islands. d. All areas with landscaping shall have a minimum interior dimension of six (6) feet.
e. Landscaped areas shall be provided with an automatic irrigation system(s). f. Sidewalks providing pedestrian access shall be considered in the design of all landscaped areas, including the need to locate plants so as not to interfere with the ability of pedestrians to have an adequate view of paths and surrounding areas to ensure their safety.
g. Trees and shrubs shall be planted so that at maturity they do not interfere with service lines and traffic sight areas.
h. All plant materials shall include both evergreen and deciduous tree, shrubs and attractive erosion preventing ground cover.
i. At minimum seventy-five percent of the plants selected in non-turf areas shall be well suited to the climate of the region and require minimal water once established in the landscape. Plants that require similar water needs should be grouped together and shall be irrigated separately. Attention shall be given to appearance, height, spread, growth rate, moisture requirements, potential root damage, disease, pest susceptibility, climate adaptability, soil type slope, function, and decreased maintenance.

19. All light and glare shall be shielded or modified to prevent emission of light and glare beyond the property line, or upward into the sky. Bare bulbs shall not be allowed on any exterior areas of the property, while providing sufficient lighting in a manner that provides adequate illumination for the staff and patrons of the facility.

20. Parking areas shall have lighting capable of providing adequate illumination for security and safety. Lighting shall be in scale with the height and use of the on-premise structure. All exterior lighting shall be energy efficient, stationary, and directed away from adjoining properties and public rights-of-way.

21. Signage for the building is subject to a separate Sign Permit from the Building Division and shall comply with sections 16.76.100 and 16.76.110 of Title 16 (Development Code).

Engineering

22. Plan submitted for Building Permits shall comply with the following fencing and parking requirements: The fencing and concrete parking stalls in the public right of way, adjacent to Stagecoach Road shall be removed.
2585

23. Plans submitted for Building Permits shall show all existing property pins and include a note on plans to protect in place.

24. Existing driveway approach shall be removed and replaced to current City standards.

25. All broken, cracked, or displaced curb gutter or sidewalk shall be removed and replaced.

26. Plans submitted for Building Permits shall include all existing utilities and new utility connections, all appurtenances, vaults, boxes, and valves on site.

27. Indicate if the site will be served by an automatic auto gate at the driveway entrance or if the existing gate will remain. If auto gate will be installed, plans shall note how the gate will operate.

28. Plans submitted for Building Permits shall include detailed notes regarding the type of delivery trucks that will be accessing the property, if any. If so, indicate the size of the largest truck entering the site and plans shall provide a turning template in and out of the site for such vehicle.

PASSED, APPROVED, and ADOPTED: May 24, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
2586
EXHIBIT 1
2587
EXHIBIT 1
2588
EXHIBIT 1
2589

APPEAL OF THE PLANNING COMMISSION'S

APPROVAL OF AN AMENDMENT
TO COMMISSION USE PERMIT (P17-0134)

TO ALLOW THE EXPANSION OF A CANNABIS

STOREFRONT RETAILER BUSINESS WITHIN A
31,780 SF INDUSTRIAL BUILDING
AT 2401/2403 STAGECOACH ROAD
(APPLICATION NO. P21-0311) (APN 173-320-18)
City Council Meeting
Item 16.1
May 24, 2022
2590
Project Site Aerial
N
2591
Background
 2017 City Council approved Use Permit for Medical
Cannabis Dispensary (6,000 Sq. Ft)
 2018 Planning Commission approved Use Permit
Amendment to expand use area for total of 9,400 Sq. Ft.  2019 City Council approved an expansion of the
Cannabis Program – Existing (pre 7/16/2019) operators
located in the Industrial, Light (IL)/Industrial, General (IG)may engage in distribution and non-volatilemanufacturing by-right. 2592
Application
 Applicant: Cipriano Sulamo, etal Business Name: Treebird Company, LLC Request:
 Expand Use Permit area from 2401 Stagecoach Road
into 2403 Stagecoach Road (adjacent suite)
 13,159 square foot expansion for Cannabis
Distribution & Manufacturing (by-right uses)
2593
Site Plan
6,000 Sq. Ft.
3,400 Sq. Ft.
13,159 Sq. Ft.
2594
Staff Analysis
 Project adheres to Development Code
 Meets Parking & Landscaping standards Meets location requirements Meets all required Use Permit findings Safety & security plan required by conditions and with Police Department oversight under Title 5 (i.e. Operator’s Permit) 2595
Appeal of Planning Commission Decision
 December 9, 2021 Planning Adopted a
Resolution to approve Commission UsePermit Amendment.
 Appeal filed on December 16, 2021 by
Fabian Ordaz of Stockton Partners, Inc.
Rationale: Project is not in the best interest of
the public
2596
Staff Recommendation
Adopt Resolution denying the appeal andupholding the Planning Commission's Approvalof a Commission Use Permit Amendment,subject to conditions 2597
City of Stockton
Legislation Text
File #: 22-0378, Version: 1

STRONG COMMUNITIES ADVISORY COMMITTEE ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR 2019-20

RECOMMENDATION
This item is an informational item submitting the Strong Communities Advisory Committee Annual Report for Fiscal Year 2019-20 to the City Council.

Summary
Stockton’s voters approved a one-quarter cent sales tax dedicated to enhancing City recreation and library programs, services, and facilities known as Strong Communities (Measure M) on November 8, 2016. The measure also established a citizens’ advisory committee to determine whether expenditures were made consistent with program guidelines and to provide an annual report to the City Council and the public.

The Measure M Annual Report for Fiscal Year (FY) 2019-20 (Attachment A) as approved by the Strong Communities Advisory Committee on February 23, 2022 is presented to the City Council in compliance with the program guidelines.

DISCUSSION
Background
Stockton’s voters approved Strong Communities (Measure M) November 8, 2016. This one-quarter cent (0.25%) transaction and use tax (sales tax) went into effect on April 1, 2017. Strong Communities is a special tax dedicated to enhancing City recreation and library programs, services, and facilities. The ordinance authorizing the tax requires an audit performed by an independent certified public accountant and the establishment of an advisory committee to ensure proper use of the revenues. The Strong Communities Advisory Committee has the responsibility to determine whether expenditures were made consistent with the ordinance. Furthermore, the Council Policy establishing the advisory committee requires an annual report to be submitted to the City Council.

The attached Strong Communities Annual Report for Fiscal Year (FY) 2019-20 (Attachment A) is presented to the City Council for review in compliance with the ordinance and committee policy.

Present Situation
Total revenues in FY 2019-20 were $12,168,803. The Strong Communities expenditures totaled $6,608,926 in FY 2019-20. Recreation and Library Programs represented 83% of all expenses, 12% was used for Administration and the State of California to collect the tax revenues, with the remainder used for capital projects.

City of Stockton Page 1 of 3 Printed on 5/18/2022
powered by Legistar™
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File #: 22-0378, Version: 1
The City used Strong Communities funds to:
- Maintained extended hours at Community Centers and Libraries. - Increased number of adult sport seasons to meet the demand for softball, kickball, and basketball.
- Increased youth sports programming by adding a summer sports camps series for conditioning and skills development.
- Maintained enhanced hours until pandemic closed all facilities due to stay-at-home orders.

Reopened Libraries in June 2020 with lobby service to assist patrons by filling holds and providing reference services.
- Libraries provided 1,681 free programs across the City of Stockton. - Completed new infield conditioning at Louis Park Softball Complex and Misty Holt Singh Softball Complex.
- Continued with annual overseeding project at Stockton Soccer Complex to maintain turf at optimum playing level.
- Replaced City’s Christmas lights with new low energy LED lights. - Completed court resurfacing of each Community Center gym floor. - Completed extensive interior refresh for the Troke Branch Library. - Completed design for the new Northeast Library & Community Center. - Increased the program offerings to underserved preschool aged children with our Mini Movers, a program to engage parents and their young children in physical activities. - Received an $8.5 Million grant from the State Department of Parks and Recreation for the renovation of McKinley Park.
- Continued to package and distribute over 4,500 meals per month through our Community Centers.
- Designed and opened a Micro Library in the Van Buskirk Community Center. - Enhanced Internet connectivity for patrons in Libraries and Community Centers. - In collaboration with Paul Singh and family, renamed the McNair Softball Complex the Misty Holt Singh Softball Complex.
- With a grant from Community Foundation of San Joaquin, began training Community Center staff on “Alive and Free,” a Bay Area based program designed to keep young people alive and free, unharmed by violence, and free from incarceration. - Partnered with California Conservation Corps Delta Center (CCC) to submit California Proposition 68 grant designated for CCC centers to train Corpsmembers while completing “Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation” at the former Van Buskirk Golf Course.
- Partnered with Beyond Our Gates to provide the LENA Start program, an early literacy program designed to encourage speech and vocabulary growth in children 0-36 months. - Partnered with community members for the first In Conversation program: “Authors Celebrate Stockton” at the Cesar Chavez Central Library.
- Partnered with the Stockton Heat to present the Library's Winter Reading Program.

The financial information included in this Annual Report is based on the annual audit. The City received an unmodified (clean) opinion. Staff reported the FY 2019-20 audited Schedule of City of Stockton Page 2 of 3 Printed on 5/18/2022
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File #: 22-0378, Version: 1
Revenues, Expenditures, and Change in Fund Balance to the Council Audit Committee and to the City Council in December 2020. The Strong Communities Advisory Committee discussed the FY 2019-20 Annual Report for presentation to the Council and the public at its September 22, 2021 meeting and approved the report at its February 23, 2022 meeting.

FINANCIAL SUMMARY
There is no financial impact from the presentation of this report.

Attachment A - Strong Communities Advisory Committee Annual Report FY 2019-20 City of Stockton Page 3 of 3 Printed on 5/18/2022
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www.stocktonca.gov/measurem
Program information available at:
www.stocktonca.gov/recreation
www.ssjcpl.org

STRONG COMMUNITIES

ADVISORY COMMITTEE

ANNUAL REPORT
FISCAL YEAR 2019-20
ATTACHMENT A 2601
page 2

STRONG COMMUNITIES PRIORITIES
• Enhance safe after-school and summer programs for children and teens • Enhance public computer access/wireless connectivity
• Enhance evening and weekend hours at libraries and community centers • Preserve and expand existing library and recreation programs • Extend services to under-served areas of the City
SHARING THE CITY OF STOCKTON’S PROGRESS
When voters approved Strong Communities (Measure M) in November 2016 by a margin of 76%, they sent a strong message that Library and Recreation services in the City of Stockton should be a priority for our youth and families. This, the fiscal year (FY) 2019-20 annual report, shares the progress toward achieving those priorities and the plans for the future. Increasing open hours, expanding access, and planning new and renovated facilities are just a few of the positive changes that have been undertaken since the Strong Communities Initiative passed. Within this report you will find detailed information about those key initiatives along with a transparent accounting of how revenues have been spent and how staff is planning expenditures over the 16-year lifespan of the Initiative. With the direction of the City Council and input from the Strong Communities Advisory Board, staff commits to providing services, facilities and programs that will enhance the quality of life for Stockton residents.

MEASURE M
Measure M is a local ¼ cent sales tax passed by voters on November 8, 2016 and effective April 1, 2017. Revenues from the Measure M/Strong Communities Initiative are dedicated specifically to City of Stockton Library and Recreation programs, services, and facilities. “Building resilient communities by cultivating
healthy bodies and curious minds.”
ATTACHMENT A 2602
page 3
GOALS FOR 2020-21
• Complete bid process for sports complex improvements at Stockton Soccer Complex (field lighting, additional restroom building, parking, food truck pads and playground), and Misty Holt Singh Softball Complex (scoreboard installation, new maintenance yard, new entry/exit gate). • Facilitate repairs of the fencing around the Louis Park Softball Complex. • Introduce adult and youth Esports programs through the creation of Esports tournaments and leagues. • Complete the conversion of the former Van Buskirk golf to open space for community access. • Work to implement “Alive and Free” with Stockton Police Department and the Office of Violence Prevention. • Work to expand Concerts In the Park beyond Victory Park. • Break ground on the Northeast Library & Community Center. • Design and implement eCards to expand Library access. • Provide Virtual Programming in response to pandemic.
• Offer Winter and Summer Reading programs online and via lobby service. • Develop virtual class visits to enhance connections with local schools. • Implement Message Bee (a new Library Notification System).

GUIDING PRINCIPLES AND
ACCOMPLISHMENTS IN 2019-20
RESTORE SERVICES:

IMPROVE ASSETS WHENEVER POSSIBLE:
• Completed new infield conditioning at Louis Park Softball Complex and Misty Holt Singh Softball Complex. • Continued with annual overseeding project at Stockton Soccer Complex to maintain turf at optimum playing level.
• Replaced City’s Christmas lights with new low energy LED lights. • Completed court resurfacing of each Community Center gym floor. • Completed extensive interior refresh for the Troke Branch Library. • Completed design for the new Northeast Library & Community Center.

FOCUS ON UNDERSERVED AREAS:
• Increased the program offerings to underserved preschool aged children with our Mini Movers, a program to engage parents and their young children in physical activities. • Received an $8.5 Million grant from the State Department of Parks and Recreation for the renovation of McKinley Park.
• Continued to package and distribute over 4,500 meals per month through our Community Centers. • Designed and opened a Micro Library in the Van Buskirk Community Center. • Enhanced Internet connectivity for patrons in Libraries and Community Centers.

LEVERAGE PARTNERSHIPS:
• Maintained extended hours at Community Centers and Libraries. • Increased number of adult sport seasons to meet the demand for softball, kickball, and basketball. • Increased youth sports programming by adding a summer sports camps series for conditioning and skills development.
• Maintained enhanced hours until pandemic closed all facilities due to stay-at-home orders. Reopened Libraries in June 2020 with lobby service to assist patrons by filling holds and providing reference services.
• Libraries provided 1,681 free programs across the City of Stockton. • In collaboration with Paul Singh and family, renamed the McNair Softball Complex the Misty Holt Singh Softball Complex.
• With a grant from Community Foundation of San Joaquin, began training Community Center staff on “Alive and Free,” a Bay Area based program designed to keep young people alive and free, unharmed by violence, and free from incarceration.
• Partnered with California Conservation Corps Delta Center (CCC) to submit California Proposition 68 grant designated for CCC centers to train Corpsmembers while completing “Climate Preparedness, Habitat Resiliency, Resource Enhancement, and Innovation” at the former Van Buskirk Golf Course. • Partnered with Beyond Our Gates to provide the LENA Start program, an early literacy program designed to encourage speech and vocabulary growth in children 0-36 months. • Partnered with community members for the first In Conversation program: “Authors Celebrate Stockton” at the Cesar Chavez Central Library.
• Partnered with the Stockton Heat to present the Library's Winter Reading Program.

ATTACHMENT A 2603
ADVISORY COMMITTEE FY 19-20
Mas’ood Cajee ∞ Lorraine Lauper ∞ Yvonne Trevino
Kevin Redick ∞ Lester Patrick ∞ Susan Spracher
Miguel Guillen ∞ Ogenia Baskin – Youth Ex-Officio Member

A LOOK AT THE NUMBERS
FY 2019-20 EXPENDITURES
TOTAL: $6,608,926 Recreation
$2,994,875
Library
$2,500,146
45%
38%
12%
5%
Adminstration
$765,921
Capital
Outlay
$347,984
$0.00
$0.50
$1.00
$1.50
$2.00
$2.50
$3.00

MEASURE M REVENUES BY QUARTER
$3.50
$2.87
$2.71
$3.00
$3.21
$2.32
$2.47
$3.06
$2.95
Oct-Dec
2019
Jul-Sept
2019
Apr-Jun
2019
Jan-Mar
2019
Oct-Dec
2018
Jul-Sept
2018
Apr-Jun
2018
Jan-Mar
2018
Oct-Dec
2017
Apr-Jun
2020
Jan-Mar
2020
stocktonca.gov/measurem
Program information available at:
stocktonca.gov/recreation
www.ssjcpl.org
1) Measure M Tax Revenue: There is a variance of $87,073 between the reported Measure M Tax Revenue and the Measure M Revenues by Quarter due to timing of delivery of revenue to the City. $87,073 received in FY 2019-20 while still attributable to tax collected in FY 2018-19. 2) Interest Revenue: The reported Interest revenue amount of $805,587 includes $320,799 representing the change in the value of investments at 6/30/20, consistent with Generally Accepted Accounting Principles. The actual interest earnings in FY 2019-20 were $484,788. $3.12 $3.01

GENERAL FUND
CONTRIBUTION FY 2019-20:

LIBRARY: $3,984,500
RECREATION: $3,395,500
TOTAL: $7,380,000

MEASURE M TAX TOTAL
FY 2019-20:
$11,363,2161
INTEREST: $805,5872
TOTAL REVENUE: $12,168,803
$2.90
ATTACHMENT A 2604