Agenda packet — City Council and Concurrent Authorities, July 12, 2022 (part 1 of 7)

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II (At Large) Mayor/Chair
Christina Fugazi (District 5) Vice Mayor/Vice Chair
Sol Jobrack (District 1)
Daniel R. Wright (District 2)
Paul Canepa (District 3)
Susan Lenz (District 4)
Kimberly Warmsley (District 6)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, July 12, 2022 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 22-0645 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Kurt Wilson v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UVM-2019-12404)
This Closed Session is authorized pursuant to section 54956.9(a) of the Government Code.

Department: City Attorney

3.2 22-0634 CONFERENCE WITH LABOR NEGOTIATOR
City of Stockton Page 1 Printed on 7/5/2022
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Financing Authority/Parking
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Meeting Agenda - Final
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

3.3 22-0636 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.4 22-0638 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.5 22-0640 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.6 22-0642 CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(b).

Department: City Attorney

3.7 22-0688 CONFERENCE WITH LEGAL COUNSEL - INITIATION OF

LITIGATION
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
Number of Cases: One
Based on existing facts and circumstances, there is significant exposure to litigation pursuant to Government Code section 54956.9(d)(4).

Department: City Attorney

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 22-0699 PROCLAMATION: PARKS AND RECREATION MONTH - JULY 2022 Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 22-0592 APPROVE SIX RESOLUTIONS AUTHORIZING THE CITY ATTORNEY

TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH
THE FIRMS OF McNAMARA NEY, BEATTY, SLATTERY, BORGES &
AMBACHER, LLP; PORTER SCOTT; CAULFIELD LAW FIRM;
ORBACH, HUFF & HENDERSON, LLP; ARATA SWINGLE VAN
EGMOND & HEITLINGER; AND RICHARDS, WATSON & GERSHON,
PLC
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt six resolutions approving Agreements for Legal Services with the firms of McNamara Ney, Beatty, Slattery, Borges & Ambacher, LLP; Porter Scott; Caulfield Law Firm; Orbach, Huff & Henderson, LLP; Arata Swingle Van Egmond & Heitlinger; and Richards, Watson & Gershon, PLC.

Department: City Attorney
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Meeting Agenda - Final
Proposed Resolution - Arata Swingle, et al
Exhibit 1 - Legal Services Agreement - Arata Swingle, et al.

Proposed Resolution - Caufield Law Firm
Exhibit 1 - Legal Services Agreement - Caulfield Law Firm Proposed Resolution - Orbach Huff & Henderson LLP
Exhibit 1 - Legal Services Agreement - Orbach Huff Henderson Proposed Resolution - McNamara Ney Beatty et al
Exhibit 1 - Legal Services Agreement - McNamara, Ney et al Proposed Resolution - Porter Scott
Exhibit 1- Legal Services Agreement - Porter Scott
Proposed Resolution - Richards, Watson & Gershon
Exhibit 1 - Legal Services Agreement - Richards, Watson & Gershon Attachments:

12.2 22-0569 ADOPT A RESOLUTION APPROVING A FINAL MAP AND

SUBDIVISION AGREEMENT FOR THE WESTLAKE VILLAGES, UNIT
NO. 1B (LARGE LOT MAP) TRACT NO. 4129 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the final map for Westlake Villages, Unit No. 1B (Large Lot Map) - Tract No. 4129;

2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Westlake Unit No. 1B (Large Lot Map) - Tract No. 4129; and

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Department: Community Development
Attachment A - Vicinity Map
Proposed Resolution - LargeLot 1B
Exhibit 1 - Map Agreement
Exhibit 2 - Final Map
Attachments:

12.3 22-0663 APPROVE A RESOLUTION OF INTENTION FOR THE FORMATION

OF THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT

AND AUTHORIZING BALLOTS FOR CITY-OWNED PROPERTY IN

THE PROPOSED DISTRICT BE CAST IN FAVOR OF FORMATION
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a Resolution of Intention:

1. Expressing Council's intent to form the Miracle Mile Community Improvement District;

2. Accepting Petitions of Property Owners;

3. Preliminarily approving the Management District Plan and Engineer's Report;

4. Approving the proposed Boundary Map;

5. Setting a date for a Public Hearing on the establishment of the Miracle Mile Community Improvement District and the levy of assessments for September 13, 2022;

6. Providing for property owner ballots and notices of the public hearing to be mailed;

7. Authorizing and directing the City Manager, or designee, to sign the ballots for City-owned properties in the proposed district to be in favor of formation; and

8. Authorizing the City Manager, or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

Department: Economic Development
Attachment A - SMC Ordinance 2-22-03-22-1211
Attachment B - Resolution No. 07-0310
Attachment C - Resolution No. 2012-06-26-1601
Attachment D - Resolution No. 2017-12-28-0801
Proposed Resolution - MMCID
Exhibit 1 - Boundary Map
Exhibit 2 - Management Plan and Engineers Report
Exhibit 3 - MMCID Notice 2022
Attachments:

12.4 22-0664 RESCIND RESOLUTION OF INTENTION FOR FORMATION OF THE

MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a Resolution to:

1. Rescind the Resolution of Intention for formation of the Miracle Mile Community Improvement District adopted by the City Council on May 24, 2022; and

2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the resolution.

Department: Economic Development
Proposed Resolution - Rescinding Reso 2022-05-24-1503
Exhibit 1 - Reso 2022-05-24-1503
Attachments:

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Meeting Agenda - Final

12.5 22-0078 ADOPT A RESOLUTION AUTHORIZING THE GRANTING OF A

LEVEE EASEMENT DEDICATION TO RECLAMATION DISTRICT
1614 LOCATED AT 2130 FONTANA AVENUE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing the granting of a levee easement dedication to Reclamation District 1614 over a portion of a parcel owned by the City of Stockton located at 2130 Fontana Avenue (APN 121-180-32) to facilitate the maintenance and operation of the levee.

2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Department: Economic Development
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Easement location
Attachment D - RD1614 Letter
Proposed Resolution - Levee Easement Fontana
Exhibit 1 - Levee Easement
Attachments:

12.6 22-0604 MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF

STOCKTON AND THE STOCKTON POLICE MANAGEMENT
ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT
UNIT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memoranda of Understanding (MOUs) effective July 1, 2022 through June 30, 2025 with the following groups:

1. Stockton Police Management Association (SPMA);

2. Stockton Firefighters' Local 456 Fire Unit; and

3. Stockton Firefighters' Local 456 Fire Management.

It is further recommended that the City Manager and the Employee Relations Officer be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the resolution, including implementation and funding of these successor MOUs.

Department: Human Resources
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Attachment A - SPMA MOU - Redline
Attachment B - Fire Unit MOU - Redline
Attachment C - Fire Management MOU - Redline
Resolution
Exhibit 1 - SPMA MOU
Exhibit 2 - Fire Unit MOU
Exhibit 3 - Fire Management MOU
Exhibit 4 - Budget Amendment
Attachments:

12.7 22-0590 RESOLUTION APPROVING SUBMITTAL OF THE INTEGRATED

REGIONAL WATER MANAGEMENT IMPLEMENTATION GRANT

PROGRAM APPLICATION TO THE DEPARTMENT OF WATER

RESOURCES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving submittal of a grant application to the Department of Water Resources for the Integrated Regional Water Management Implementation (IRWM) Grant Program.

It is also recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution.

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

12.8 22-0554 ADOPT A RESOLUTION APPROVING AN INDEPENDENT

CONTRACTOR AGREEMENT BETWEEN SAN JOAQUIN COUNTY

AND THE CITY OF STOCKTON, FOR CALIFORNIA ASSEMBLY BILL
109 (AB 109) FUNDING OF THE COMMUNITY CORRECTIONS

PARTNERSHIP TASK FORCE, AND AMEND THE FISCAL YEAR
2022-23 ANNUAL BUDGET
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership Task Force;

2. Authorize the City Manager to accept $1,356,782 in Fiscal Year (FY) 2022-23 Police Grant Funds as Fiscal Agent for the law enforcement agencies of San Joaquin County; and

3. Approve an amendment to the FY 2022-23 Annual Budget to increase the Police Grants and Special Programs San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $1,356,782; and

4. Authorize the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the resolution.

Department: Police
Attachment A - Independent Contractor Agreement
Proposed Resolution
Attachments:

12.9 22-0403 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE AIRPORT WAY BRIDGE OVER MORMON

SLOUGH FIRE REPAIR PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $144,000, for the Airport Way Bridge Over Mormon Slough Fire Repair, Project No. WT19009.

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:

12.10 22-0413 ADOPT RESOLUTION TO AUTHORIZE THE NEIGHBORHOOD

TRAFFIC MANAGEMENT PROGRAM - TRAFFIC CIRCLES PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE77-21 under the California Environmental Quality Act for the Neighborhood Traffic Management Program - Traffic Circles, Project No. WT16008.

2. Approve the plans and specifications for the Neighborhood Traffic Management Program - Traffic Circles, Project No. WT16008.

3. Award a Construction Contract in the amount of $517,686.50 to McFadden Construction, Inc. of Stockton, CA, for the Neighborhood Traffic Management Program - Traffic Circles, Project No. WT16008.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.11 22-0427 ADOPT RESOLUTION TO AUTHORIZE THE SAFE ROUTES TO

SCHOOL PRIORITY SAFETY PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE53-19 under the California Environmental Quality Act for the Safe Routes to School Priority Safety, Project No. WT18009.

2. Approve the plans and specifications for the Safe Routes to School Priority Safety, Project No. WT18009.

3. Transfer funds in the amount of $600,000 from the Curb, Gutter and Sidewalk Infill, Project No. WD18016, to the Safe Routes to School Priority Safety, Project No. WT18009.

4. Award a Construction Contract in the amount of $1,546,836.55 to George Reed, Inc. of Modesto, CA, for the Safe Routes to School Priority Safety, Project No. WT18009.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Public Works
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Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE53-19
Exhibit 2 - Construction Contract
Attachments:

12.12 22-0428 ADOPT RESOLUTION TO AUTHORIZE THE BEAR CREEK AND

PIXLEY SLOUGH BICYCLE AND PEDESTRIAN PATH PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE17-21 under the California Environmental Quality Act for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No.

CML-5008(175).

2. Approve the plans and specifications for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).

3. Appropriate funds in the amount of $1,000,000 from the Public Facilities Fees Air Quality Fund Balance to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No.

CML-5008(175).

4. Appropriate funds in the amount of $770,000 from the Public Facilities Fees Street Improvement Fund Balance to the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No. CML-5008(175).

5. Award a Construction Contract in the amount of $2,555,031 to Dirt Dynasty, Inc. of Farmington, CA, for the Bear Creek and Pixley Slough Bicycle and Pedestrian Path, Project No. WT17002/Federal Project No.

CML-5008(175).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:

12.13 22-0487 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE SOUTH STOCKTON PEDESTRIAN HAWK

IMPROVEMENTS PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to Advanced Mobility Group of Walnut Creek, CA, in the amount of $543,754.57, for the design of the South Stockton Pedestrian HAWK Improvements, Project No.

WT22048/Federal Project No. HSIPSL-5008(196).

2. Approve findings pursuant to Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:

12.14 22-0492 ADOPT RESOLUTION TO AUTHORIZE THE REAL-TIME TRAFFIC

FLOW MONITORING PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE53-21 under the California Environmental Quality Act for the Real-Time Traffic Flow Monitoring, Project No. WT17026/Federal Project No. CML-5008(180).

2. Approve the plans and specifications for the Real-Time Traffic Flow Monitoring, Project No. WT17026/Federal Project No. CML-5008(180).

3. Award a Construction Contract in the amount of $401,670 to St. Francis Electric, LLC of San Leandro, CA, for the Real-Time Traffic Flow Monitoring, Project No. WT17026/Federal Project No. CML-5008(180).

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Public Works
Attachment A - Project Map
Proposed Resolution
Exhibit 1 - NOE53-21
Exhibit 2 - Construction Contract
Attachments:

12.15 22-0522 ADOPT RESOLUTION TO AUTHORIZE THE LED STREET LIGHTS CONVERSION, PHASE 5 PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the Notice of Exemption No. NOE67-21 under the California Environmental Quality Act for the LED Street Lights Conversion, Phase 5, Project No. WT22017.

2. Approve the plans and specifications for the LED Street Lights Conversion, Phase 5, Project No. WT22017.

3. Transfer funds in the amount of $122,867.34 from the Street Light LED Replacement, Project No. WD19017, to the LED Street Lights Conversion, Phase 5, Project No. WT22017.

4. Transfer funds in the amount of $100,000 from the Residential Street Light LED Replacement, Project No. WT22005, to the LED Street Lights Conversion, Phase 5, Project No. WT22017.

5. Authorize the City Manager to accept Pacific Gas & Electric LED Street Lights Incentive Program funds totaling approximately $24,950.

6. Award a Construction Contract in the amount of $701,790 to Bear Electrical Solutions, Inc. of Alviso, CA, for the LED Street Lights Conversion, Phase 5, Project No. WT22017.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Public Works
Attachment A - Vicinity Map
Attachment B - City's Letter of Response
Proposed Resolution
Exhibit 1 - NOE67-21
Exhibit 2 - Construction Contract - Bear Electrical Solutions Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 22-0304 APPROVE A RESOLUTION AUTHORIZING AN INITIAL ISSUANCE

OF SPECIAL TAX BONDS FOR AND ON BEHALF OF THE CITY OF
STOCKTON COMMUNITY FACILITIES DISTRICT NO. 2019-1
(CANNERY PARK II), APPROVING AND DIRECTING THE

EXECUTION OF A FISCAL AGENT AGREEMENT, APPROVING THE
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FORM OF PRELIMINARY OFFICIAL STATEMENT, APPROVING

SALE OF SUCH BONDS, AND APPROVING OTHER RELATED

DOCUMENTS AND ACTIONS
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution to:

1. Authorize the issuance and sale of Special Tax Bonds, payable from Special Taxes for and on behalf of the City of Stockton No. 2019-1 (Cannery Park II), in the estimated amount of $9,410,000 (not-to-exceed $10,000,000); and

2. Approve and direct the execution of a Fiscal Agent agreement, approving the form of the Preliminary Official Statement, approving the sale of such bonds, and approving other related documents and actions.

Department: Administrative Services
Proposed Resolution - Issuance Cannery II 2022
Exhibit 1- Fiscal Agt Agmt Cannery CFD 2022
Exhibit 2- Preliminary Official Statement Cannery Park II - Series 2022 Exhibit 3 - Bond Purchase Agreement
Exhibit 4 - Construction and Acquisition Agreement

15.1 - PPT - Cannery Park II
Attachments:

15.2 22-0607 ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN UPDATE Recommended Action: RECOMMENDATION
Information only. No action is to be taken
Department: Economic Development
Attachments: 15.2 - PPT - EDSAP Update Presentation

15.3 22-0616 ADOPT AN ORDINANCE AMENDING TITLE 13 CHAPTER 13.28 (WATER CONSERVATION) AND TITLE 13 CHAPTER 13.32 (WATER

SHORTAGE EMERGENCIES) OF THE STOCKTON MUNICIPAL
CODE, AND APPROVE A RESOLUTION DECLARING A STAGE 2

WATER SHORTAGE EMERGENCY
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance amending Title 13 Chapters 13.28 and 13.32 of the Municipal Code to meet the requirements of the State Water Resources Control Board Resolution updating the stages of water shortage emergency and strategies for the foreseeable future due to severe drought conditions.

2. Adopt a resolution declaring a Stage 2 Water Shortage Emergency in response to the Governor's Drought Emergency Declaration.

It is also recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.

Department: Municipal Utilities
Attachment A - Proposed Ordinance (Redline)
Attachment B - EO Drought March-2022
Attachment C - SWRCB Resolution No 2022-0018
Proposed Resolution
Proposed Ordinance Amending SMC 13.28 and 13.3

15.3 - PPT - Water Shortage Emergency
Attachments:

15.4 22-0630 RESOLUTION DECLARING RACISM AND INEQUITY AS A HUMAN

RIGHTS AND PUBLIC HEALTH CRISIS AND REAFFIRMING THE
CITY COUNCIL’S COMMITMENT TO ADVANCING DIVERSITY,

EQUITY, AND INCLUSION IN THE CITY OF STOCKTON
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution declaring racism and inequity as a Human Rights and Public Health Crisis.

Department: City Attorney
Attachment A - Kanat Diversity Report
Proposed Resolution

15.4 - PPT - Equity Resolution
Attachments:

16. HEARINGS**

16.1 22-0510 CONTINUED ADOPTION OF A RESOLUTION APPROVING AN

ADDENDUM TO THE STOCKTON GENERAL PLAN

ENVIRONMENTAL IMPACT REPORT AND AMENDMENTS TO THE

GENERAL PLAN LAND USE MAP, AND AN ORDINANCE
AMENDING THE STOCKTON CITYWIDE ZONING MAP AND TITLE 16
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OF THE STOCKTON MUNICIPAL CODE TO COMPLY WITH THE
STOCKTON 2040 GENERAL PLAN
Recommended Action: RECOMMENDATION
It is recommended that City Council:

1. Adopt a Resolution to Certify an Addendum to the General Plan Environmental Impact Report (SCH# 2017052062) consistent with the California Environmental Quality Act (CEQA) Section 15164 (Addendum); and

2. Adopt a Resolution to amend the Stockton General Plan Land Use Map; and

3. Adopt an Ordinance amending the Stockton Citywide Zoning Map to ensure consistency with the Envision Stockton 2040 General Plan; and

4. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Sections 16.08.020 (Rules of interpretation), 16.12.020 (Requirements for development and new land uses), 16.16.020 (Zoning districts established), 16.16.030 (Zoning Map adopted), 16.20.020 (Allowable land uses and permit requirements),

16.24.040 (RL (residential, low density) zoning district standards),

16.24.110 (CL (commercial-large-scale) zoning district standards),

16.24.200 (Table 2-3 Zoning District Development Standards), 16.28.040 (Channel area (-CHA) overlay district), 16.28.060 (Magnolia historic (-MHD) overlay district), 16.28.070 (Commercial-Industrial (-CI) overlay district),

16.36.080 (Hazardous materials), 16.36.110 (Setback regulations and exceptions), 16.40.030 (Definitions), 16.40.040 (Types of density bonuses), 16.40.050 (Concessions or incentives, waivers or reductions, and eligibility points), 16.52 (Infill Development Standards), 16.64.040 (Number of parking spaces required), 16.76.030 (Prohibited signs),

16.76.040 (Sign permits), 16.76.090 (Illegal signs), 16.80.020 (Accessory uses and structures), 16.80.165 (Funeral facilities and services), 16.80.210 (Mobilehome parks and subdivisions), 16.80.215 (Multi-unit Residential),

16.80.250 (Outdoor dining and seating areas), 16.80.310 (Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs)),

16.84.020 (Review Authority for land use and zoning decisions), 16.92.170 (Runs with the land), 16.120.040 (Applicable Review Authority), 16.162.030 (Applicability), 16.228.040 (Provisions for nonconforming uses, structures, and parcels), and 16.240.020 (Definitions of specialized terms and phrases).

It is also recommended that City Council authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of these resolutions and ordinances.

Department: Community Development
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Meeting Agenda - Final
Attachment A - 04-05-22 Council Hearing - Item 16.3
Attachment B - Additional Code Amendments
Attachment C - General Plan Land Use Map
Attachment D - Guiding Principles
Attachment E- Overlay Areas and Industrial Uses Removed Proposed Resolution - GPEIR Addendum
Exhibit 1 - GPEIR Addendum
Proposed Resolution - GPLU Map
Exhibit 1 - GPLU Map
Ordinance - Proposed Zoning Map Amendments
Exhibit 1 - Proposed Zoning Map
Exhibit 2 - Proposed Property List
Proposed Ordinance Title 16

16.1 - PPT - General Plan and Zoning Amendments
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS
1 22-0668 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
PC 2021-11-18
PC 2022-02-10
PC 2022-02-24
PC 2022-03-10
PC 2022-03-24
PC 2022-04-14
PC 2022-04-28
Attachments:

City of Stockton Page 16 Printed on 7/5/2022
16 City Council/Successor Agency to July 12, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on July 5, 2022 in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
City of Stockton Page 17 Printed on 7/5/2022
17 City Council/Successor Agency to July 12, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened. If a large number of people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to three (3) minutes.
***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.

All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

City of Stockton Page 18 Printed on 7/5/2022
18 City of Stockton
Legislation Text
File #: 22-0699, Version: 1
PROCLAMATION: PARKS AND RECREATION MONTH - JULY 2022
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19 City of Stockton
Legislation Text
File #: 22-0592, Version: 1

APPROVE SIX RESOLUTIONS AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE FIRMS OF McNAMARA NEY, BEATTY, SLATTERY, BORGES & AMBACHER, LLP; PORTER SCOTT; CAULFIELD LAW FIRM; ORBACH, HUFF & HENDERSON, LLP; ARATA SWINGLE VAN EGMOND & HEITLINGER; AND

RICHARDS, WATSON & GERSHON, PLC

RECOMMENDATION
It is recommended that the City Council adopt six resolutions approving Agreements for Legal Services with the firms of McNamara Ney, Beatty, Slattery, Borges & Ambacher, LLP; Porter Scott; Caulfield Law Firm; Orbach, Huff & Henderson, LLP; Arata Swingle Van Egmond & Heitlinger; and Richards, Watson & Gershon, PLC.

Summary
The City needs to hire outside counsel from time to time to handle special, complex legal matters, including litigation, personnel, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.

The firms presented here are uniquely qualified to handle specialized and complex matters because of their extensive and unique skills and experience. While this action by the Council would not cause any particular matter to be assigned to the firms being considered, those firms would be available to assist with future matters as the need arises.

DISCUSSION
Background
Modern City attorneys are generalists in a field that used to be a specialty called ‘municipal law.’ In today’s world, municipal law has become an area composed of a great many subspecialities and inhouse city attorneys have become more like general practitioners.

Although it is the goal of all city attorneys to utilize outside attorneys as little as possible, the reality of practice necessitates the use of outside attorneys when there is a conflict of interest, lack of technical expertise in specialized areas of law, or lack of staffing.

There are a variety of specialized practice areas such as special, complex litigation matters, personnel issues, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters, where it is appropriate and advisable to retain City of Stockton Page 1 of 2 Printed on 7/5/2022
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20 File #: 22-0592, Version: 1
the services of attorneys who specialize in these areas.

Present Situation
The City currently has a particular need for the ready availability of experienced outside counsel from time to time to handle these special and/or complex legal matters. The proposed firms are experienced, come with recommendations from other government entities, and are proficient in handling some or all these matters and their related issues. The City will benefit from having these firms available to assist with these issues on an as-needed basis. Their respective hourly rates and other fees are reasonable and extremely competitive. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.

FINANCIAL SUMMARY
Legal services will be billed on an hourly basis pursuant to the rates set forth in the Agreements. The fees will be paid through various accounts, depending on the nature of each matter.

City of Stockton Page 2 of 2 Printed on 7/5/2022
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21 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN

AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF ARATA, SWINGLE, VAN

EGMOND & HEITLINGER
The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to retain the law firm of Arata, Swingle, Van Egmond & Heitlinger to advise the City in civil liability, litigation, and other proceedings as the need arises; and
The law firm of Arata, Swingle, Van Egmond & Heitlinger possesses the qualifications and personnel needed by the City in handling such proceedings; and Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,

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

1. The City Council hereby approves the selection of Arata, Swingle, Van Egmond & Heitlinger to advise the City in civil liability, litigation, and other proceedings as the need arises.

2. The City Attorney is authorized to execute an agreement for legal services with Arata, Swingle, Van Egmond & Heitlinger in substantially the form as attached as Exhibit “1” and incorporated by this reference.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
22 EXHIBIT 1
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2022, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the law firm of ARATA, SWINGLE, VAN EGMOND & HEITLINGER ("FIRM").

W I T N E S S E T H
The City Attorney of the City of Stockton provides legal counsel and representation to the CITY and the Council members, Board members, officers, and employees of the CITY; and
Pursuant to Section 1306 of the Charter of the City of Stockton, the City Attorney shall not retain or employ outside counsel without the approval of the City Council; and The CITY and FIRM have determined that FIRM is especially qualified to provide complex litigation advice and representation in legal matters on behalf of the CITY.

NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:

1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.

This Agreement will take effect and FIRM will only be obligated to provide legal services as needed once this Agreement is fully signed and initialed by both parties.

Upon receipt of the signed Agreement, Bradley J. Swingle will be the shareholder primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY.

2. SCOPE OF SERVICES.

CITY hires FIRM to provide legal services as may be requested by CITY from time to time under this retainer agreement. No representation of any officials, officers, employees, or any other persons or entities affiliated with CITY shall be provided unless such representations is expressly authorized by the City Attorney, which such written authorization shall be deemed to be a part of this Agreement. FIRM will provide those legal services reasonably required to represent CITY. FIRM will take reasonable steps to keep CITY informed of progress and to respond timely to CITY’s inquiries. If a court action is filed, FIRM will represent CITY through trial and post-trial motions.

3. CITY’S DUTIES.

CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings. 23 EXHIBIT 1
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4. CONFLICTS OF INTEREST.

By accepting representation of CITY, FIRM acknowledges that it has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest or adversity of positions between CITY and any other person or entity in accordance with the Rules of Professional Conduct adopted in California, which would bar FIRM from representing CITY in general. CITY’s execution of this Agreement represents an express agreement to the applicability of the Rules of Professional Conduct adopted in California as to any and all issues of representation arising under this Agreement.

5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.

FIRM shall be employed solely as an independent contractor to render a professional service, is responsible for all obligations consistent with that status, and nothing contained herein shall be interpreted so as to cause FIRM to be considered an employee of CITY. Consistent with FIRM’s independent contractor status, nothing contained herein shall be deemed to prohibit or limit FIRM from representing parties other than those expressly covered by this Agreement, provided that FIRM shall not represent CITY’s officials, officers, employees, board members and commissioners (whether individually or collectively) in disputes with CITY or in any other investigation, administrative proceeding, or litigation against CITY which would conflict with CITY’s interests or create any other conflict as prohibited by law or the canons of ethics of the State Bar of California.

6. DISCLOSURE.

By executing and returning this Agreement, FIRM discloses that it maintains professional errors and omissions insurance pursuant to the requirements of California Business & Professions Code section 6148.

7. INDEMNIFICATION.

To the fullest extent permitted by law, FIRM shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with FIRM’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
//
//
//
24 EXHIBIT 1
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8. INSURANCE REQUIREMENTS.

FIRM shall secure and maintain at its own expense during the life of this Agreement Workers’ Compensation and other insurance coverage in the forms and amounts set forth in the attached Exhibit “C,” which is incorporated herein by reference.

9. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.

FIRM represents and warrants that prior to commencing any work under this Agreement, it shall obtain and maintain at its own expense during the life of this Agreement any other licenses, permits, qualifications, and approval required to practice its profession and perform the contract services and shall comply with any and all applicable local, State, and federal laws in performing the contract services.

10. NOTICES.

Any written notice to be given to the parties in connection with this Agreement may be affected by personal delivery or by mail and shall be considered effectively tendered upon actual receipt. Mailed notices shall be addressed as set forth below:

To CITY: Lori M. Asuncion
Acting City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: Bradley J. Swingle

ARATA, SWINGLE, VAN EGMOND & HEITLINGER
1207 I Street
Modesto, CA 95354

11. LEGAL FEES AND BILLING PRACTICES.

CITY agrees to pay by the hour at FIRM’s prevailing rates for all time spent on CITY’s matter(s) by FIRM’s legal personnel. FIRM’s current hourly rates for work on CITY’s matters are set forth in Exhibit “A” to this Agreement.

Any change in FIRM’s rates as set forth in Exhibit “A” to this Agreement must be sent to CITY in writing 30 days prior to implementation so that CITY may accept or reject the changes as to matters being handled by FIRM at that time.

The legal personnel assigned to CITY’s matter may confer among themselves about the matter, as is reasonably required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. CITY reserves the right to disapprove the second charge. 25 EXHIBIT 1
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12. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.

These costs and expenses commonly include service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, messenger and other delivery fees, travel costs including parking, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees.
(b) Out of town travel. CITY agrees to pay transportation, meals, lodging, and all other costs of any necessary out-of-town travel by FIRM’s personnel, only if preapproved by CITY. CITY will be charged the hourly rates for time spent on such preapproved travel. (c) Experts, Consultants, and Investigators. To aid in the preparation or presentation of CITY’s case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. CITY agrees to pay such fees and charges. FIRM will select any expert witnesses, consultants, investigators, or support services to be hired, and CITY will be informed of persons chosen and their charges.

Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees and/or costs to other parties in the action.

Any such payment will be entirely the responsibility of CITY.

13. BILLING STATEMENTS.

FIRM shall submit to CITY, through the City Attorney’s Office, a monthly statement. Each statement shall set forth a description of the legal services rendered for the preceding month in sufficient detail to allow CITY to evaluate whether the fees and costs billed are reasonable in light of the services rendered. In addition, the monthly statements shall include the date of the service, the identity, the duration of the service in tenths of an hour increments and the hourly rate, of the attorney or other staff members performing the service, any reimbursable costs with receipts attached, the itemized and total billing for the statement period. There shall be no bundling of charges. Each activity for which reimbursement is being sought shall be listed separately and shall be followed by the duration and cost for the particular activity. Each monthly statement shall also include a separate cover sheet which lists the total charges due and payable in a format as illustrated in the attached Exhibit “B,” which is incorporated herein by this reference.

14. DISCHARGE AND WITHDRAWAL.

CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s 26 EXHIBIT 1
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services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.

15. DOCUMENT RETENTION POLICY.

CITY is entitled to any files in FIRM’s possession relating to the legal services performed by FIRM for CITY, excluding FIRM’s internal accounting records and other documents not reasonably necessary to CITY’s representation. Once a matter is concluded, FIRM will close the file, and CITY will receive notice and a copy thereof.

All CITY-supplied materials and all attorney end product (referred to generally as "CITY material") are the property of CITY. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of FIRM. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney-CITY correspondence and conflicts materials.

16. DISCLAIMER OF GUARANTEE AND ESTIMATES.

Nothing in this Agreement or in FIRM’s preliminary statements to CITY will be construed as a promise or guarantee about the outcome of the matter. FIRM’s comments about the outcome of the matter will be taken as expressions of opinion only.

Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.

17. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.

If a dispute arises out of or relating to any aspect of this Agreement between CITY and FIRM, or the breach thereof, and if the dispute cannot be settled through negotiation, FIRM and CITY agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect CITY’s right under sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and CITYs. However, should discussions, mediation or non-binding arbitration provided through a local bar association program not resolve the dispute, each party is entitled to pursue all other available legal remedies. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice.

18. ATTORNEYS’ FEES CLAUSE.

The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code sections 6200-6206, will be awarded reasonable 27 EXHIBIT 1
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attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

19. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. MODIFICATION BY SUBSEQUENT AGREEMENT.

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

22. EFFECTIVE DATE.

This Agreement will govern all legal services performed by FIRM on behalf of CITY commencing with the date FIRM first performs services. The date at the beginning of this Agreement is for reference only.

23. AUTHORITY TO CONTRACT.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

LORI M. ASUNCION ARATA, SWINGLE, VAN EGMOND &

ACTING CITY ATTORNEY HEITLINGER
By: By:

CITY ATTORNEY BRADLEY J. SWINGLE
“‘CITY” “FIRM”
28 EXHIBIT 1
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EXHIBIT “A”

1. FIRM shall be compensated for work under this Agreement at the standard hourly rates of FIRM's attorneys and paralegals in effect at the time services are rendered. The current standard hourly rates are as follows:

Partners $220-235
Associates $200

2. FIRM shall also charge for expenses such as photocopying, telecopying, postage, express delivery, long distance telephone, travel costs, filing and publication fees, as applicable, and other out-of-pocket expenses related to this engagement.

3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
29 EXHIBIT 1
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EXHIBIT “B”

YOUR LETTERHEAD
City of Stockton Date: _________________
Attn: Lori M. Asuncion Acting City Attorney Invoice No. _________________ City Hall, 2nd Floor Our File No. _________________
425 North El Dorado Street
Stockton California 95202-1997

SUBJECT MATTER/CASE NAME & NUMBER
CLAIM NO.:

For Legal Services rendered through as fully described on the attached detailed billing.

TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
30 EXHIBIT 1
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EXHIBIT “C”
Insurance Requirements for Professional Services
FIRM 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 FIRM, 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 $1,000,000 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 FIRM has no owned autos, Code 8 (hired) and 9 (non-owned), 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 FIRM provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the FIRM’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

If the FIRM maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the FIRM. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
//
//
31 EXHIBIT 1
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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 FIRM 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 FIRM’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
For any claims related to this contract, the FIRM’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the FIRM’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the FIRM’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The FIRM may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the FIRM’s primary and excess liability policies are exhausted.

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

Waiver of Subrogation
FIRM hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said FIRM may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. FIRM 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.
32 EXHIBIT 1
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the FIRM 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of FIRM or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due FIRM to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state 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
If any of the required policies provide claims-made coverage:

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 FIRM must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
FIRM 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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, 33 EXHIBIT 1
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failure to obtain the required documents prior to the work beginning shall not waive the FIRM’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. 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.

Subcontractors
FIRM shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and FIRM shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
REV 2022-05-17
34 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN

AGREEMENT FOR LEGAL SERVICES WITH THE CAULFIELD LAW FIRM The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to contract with the Caulfield Law Firm to advise the City in civil liability, litigation, and other proceedings as the need arises; and The Caulfield Law Firm possesses the qualifications and personnel needed by the City in handling such proceedings; and
Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,

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

1. The City Council hereby approves the selection of the Caulfield Law Firm to advise the City in civil liability, litigation, and other proceedings as the need arises.

2. The City Attorney is authorized to execute an agreement for legal services with the Caulfield Law Firm in substantially the form as attached as Exhibit “1” and incorporated by this reference.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
35 EXHBIIT 1

AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2022, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the CAULFIELD LAW FIRM ("FIRM").

NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:

1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.

This Agreement will take effect and FIRM will only be obligated to provide legal services as needed, and on matters selected by CITY and accepted by FIRM, once this Agreement is fully signed by both parties. Upon receipt of the signed Agreement, Andrew T. Caulfield, Owner and Managing Attorney of FIRM, will be the attorney primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY. Subject to supervisory role of Mr. Caulfield, services provided under this Agreement may also be performed by other attorneys and/or paralegals in FIRM.

2. SCOPE OF SERVICES.

CITY hires FIRM to provide legal services as may be requested by CITY, and accepted by FIRM, from time to time under this Agreement. No representation of any officials, officers, employees, or any other persons or entities affiliated with CITY shall be provided unless such representation is expressly authorized by the City Attorney, which such written authorization shall be deemed to be a part of this Agreement. FIRM will provide those legal services reasonably required to represent CITY. FIRM will take reasonable steps to keep CITY informed of progress and to respond timely to CITY’s inquiries. If a court action is filed on a matter assigned to, and accepted by, FIRM, FIRM will represent CITY, and/or employees of CITY, through trial, post-trial motions, and on appeal as requested by CITY.
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36 EXHBIIT 1

3. CITY’S DUTIES.

4. CONFLICTS OF INTEREST.

5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.

FIRM shall act as an independent contractor in providing professional services under this Agreement, is responsible for all obligations consistent with that status, and nothing contained herein shall be interpreted so as to cause FIRM, or persons employed by the FIRM in connection with services provided under this Agreement, to be considered an employee of CITY. Consistent with FIRM’s independent contractor status, nothing contained herein shall be deemed to prohibit or limit FIRM from representing parties other than those expressly covered by this Agreement, provided that FIRM shall not represent CITY’s officials, officers, employees, board members and commissioners (whether individually or collectively) in disputes with CITY or in any other investigation, administrative proceeding, or litigation against CITY which would conflict with CITY’s interests or create any other conflict as prohibited by law or the canons of ethics of the State Bar of California.

6. DISCLOSURE.

By executing and returning this Agreement, FIRM discloses that it maintains professional errors and omissions insurance as required in the attached Exhibit “C”.

7. INDEMNIFICATION.

To the fullest extent permitted by law, FIRM shall hold harmless, defend and indemnify CITY and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with FIRM’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or 37 EXHBIIT 1
willful misconduct of CITY and/or its representatives. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

8. INSURANCE REQUIREMENTS.

9. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.

10. NOTICES.

To CITY: Lori M. Asuncion
Acting City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: Andrew T. Caulfield
Caulfield Law Firm
1101 Investment Blvd., Suite 120
El Dorado Hills, CA 95762

11. LEGAL FEES AND BILLING PRACTICES.

The legal personnel assigned by FIRM to CITY matters may confer among themselves about the matter, as is reasonably required and appropriate. When they do 38 EXHBIIT 1
confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. CITY reserves the right to disapprove the second charge.

12. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.

These costs and expenses commonly include service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, messenger and other delivery fees, travel costs including mileage at the mileage rate authorized by the IRS, parking, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees. All such expenses under $500 will be paid by FIRM and invoiced to CITY. All such expenses over $500 will be sent to CITY for direct payment to the vendor. (b) Out of town travel. CITY agrees to pay transportation, meals, lodging, and all other costs of any necessary out-of-town travel by FIRM’s personnel, only if preapproved by CITY. CITY will be charged the hourly rates for time spent on such preapproved travel. Pre-approval is not required for charges relating to time spent and costs for travel to and from FIRM’s office to CITY to perform services under this Agreement.
(c) Experts, Consultants, and Investigators. To aid in the preparation or presentation of CITY’s case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. CITY agrees to pay such fees and charges. FIRM will select any expert witnesses, consultants, investigators, or support services to be hired, and CITY will be informed of persons chosen and their charges.

Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees, including attorneys’ fees and/or costs, to other parties in the action. Any such payment will be entirely the responsibility of CITY.

13. BILLING STATEMENTS.

FIRM shall submit to CITY, through the City Attorney’s Office, a monthly statement. Each statement shall set forth a description of the legal services rendered for the preceding month in sufficient detail to allow CITY to evaluate whether the fees and costs billed are reasonable in light of the services rendered. In addition, the monthly statements shall include the date of the service, the identity, the duration of the service in tenths of an hour increments and the hourly rate, of the attorney or other staff members performing the service, any reimbursable costs with receipts attached, the itemized and total billing for the statement period. There shall be no bundling of charges. Each activity for which reimbursement is being sought shall be listed separately and shall be followed by the duration and cost for the particular 39 EXHBIIT 1
activity. Each monthly statement shall also include a separate cover sheet which lists the total charges due and payable in a format as illustrated in the attached Exhibit “B,” which is incorporated herein by this reference. CITY shall pay statements within thirty (30) days of the date of the statement.

14. DISCHARGE AND WITHDRAWAL.

CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.

15. DOCUMENT RETENTION POLICY.

16. DISCLAIMER OF GUARANTEE AND ESTIMATES.

Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.

17. MEDIATION/ARBITRATION
If a dispute arises out of or relating to any aspect of this Agreement between CITY and FIRM, or the breach thereof, and if the dispute cannot be settled through negotiation, FIRM and CITY agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect CITY’s right under sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and cities. However, 40 EXHBIIT 1
should discussions, mediation or non-binding arbitration provided through a local bar association program not resolve the dispute, each party is entitled to pursue all other available legal remedies. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice.

18. ATTORNEYS’ FEES CLAUSE.

The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

19. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. MODIFICATION BY SUBSEQUENT AGREEMENT.

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

22. EFFECTIVE DATE.

23. AUTHORITY TO CONTRACT.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

LORI M. ASUNCION CAULFIELD LAW FIRM

ACTING CITY ATTORNEY
By: By:

CITY ATTORNEY ANDREW T. CAULFIELD
“‘CITY” “FIRM”
42 EXHBIIT 1
EXHIBIT “A”

Attorney $250
Paraprofessionals $105

2. FIRM shall also charge for expenses such as photocopying, telecopying, postage, express delivery, long distance telephone, travel costs, mileage, filing and publication fees, as applicable, and other out-of-pocket expenses related to this engagement.

3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
43 EXHBIIT 1
EXHIBIT “B”

SUBJECT MATTER/CASE NAME & NUMBER
CLAIM NO.:

For Legal Services rendered through as fully described on the attached detailed billing.

TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
44 EXHBIIT 1
EXHIBIT “C”
Insurance Requirements for Professional Services
FIRM 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 FIRM, its agents, representatives, or employees.

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the FIRM’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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45 EXHBIIT 1
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 FIRM 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 FIRM’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.

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

Waiver of Subrogation
FIRM hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said FIRM may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. FIRM 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.
46 EXHBIIT 1
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the FIRM 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of FIRM or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due FIRM to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

Verification of Coverage
FIRM 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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, 47 EXHBIIT 1
failure to obtain the required documents prior to the work beginning shall not waive the FIRM’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. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
REV 2022-05-17
48 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN

AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF ORBACH HUFF &

HENDERSON, LLP
The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to retain the law firm of Orbach Huff & Henderson, LLP to advise the City in civil liability, litigation, and other proceedings as the need arises; and
The law firm of Orbach Huff & Henderson, LLP possesses the qualifications and personnel needed by the City in handling such proceedings; and Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,

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

1. The City Council hereby approves the selection of Orbach Huff & Henderson, LLP to advise the City in civil liability, litigation, and other proceedings as the need arises.

2. The City Attorney is authorized to execute an agreement for legal services with the law firm of Orbach Huff & Henderson, LLP in substantially the form as attached as Exhibit “1” and incorporated by this reference.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
49 EXHIBIT 1
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2022, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the law firm of ORBACH HUFF & HENDERSON, LLP ("FIRM").

NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:

1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.

This Agreement will take effect and FIRM will only be obligated to provide legal services as needed once this Agreement is fully signed and initialed by both parties.

Upon receipt of the signed Agreement, Kevin E. Gilbert will be the shareholder primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY.

2. SCOPE OF SERVICES.

3. CITY’S DUTIES.

CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, 50 EXHIBIT 1
- 2 -
telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings.

4. CONFLICTS OF INTEREST.

5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.

6. DISCLOSURE.

7. INDEMNIFICATION.

8. INSURANCE REQUIREMENTS.

9. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.

10. NOTICES.

To CITY: Lori M. Asuncion
Acting City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: Kevin E. Gilbert
Orbach Huff & Henderson, LLP
6210 Stoneridge Mall Road
Pleasanton, CA 94588

11. LEGAL FEES AND BILLING PRACTICES.

12. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.

Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees and/or costs to other parties in the action.

Any such payment will be entirely the responsibility of CITY.

13. BILLING STATEMENTS.

14. DISCHARGE AND WITHDRAWAL.

CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s 53 EXHIBIT 1
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services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.

15. DOCUMENT RETENTION POLICY.

16. DISCLAIMER OF GUARANTEE AND ESTIMATES.

Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.

17. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.

18. ATTORNEYS’ FEES CLAUSE.

The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code sections 6200-6206, will be awarded reasonable 54 EXHIBIT 1
- 6 -
attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

19. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. MODIFICATION BY SUBSEQUENT AGREEMENT.

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

22. EFFECTIVE DATE.

23. AUTHORITY TO CONTRACT.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

LORI M. ASUNCION ORBACH HUFF & HENDERSON, LLP

ACTING CITY ATTORNEY
By: By:

CITY ATTORNEY KEVIN E. GILBERT
“‘CITY” “FIRM”
55 EXHIBIT 1
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EXHIBIT “A”

Partners $275 - $335
Sr. Associate $255 - $275
Associates $245
Paraprofessionals $145

3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
56 EXHIBIT 1
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EXHIBIT “B”

SUBJECT MATTER/CASE NAME & NUMBER
CLAIM NO.:

For Legal Services rendered through as fully described on the attached detailed billing.

TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
57 EXHIBIT 1
- 9 -
EXHIBIT “C”
Insurance Requirements for Professional Services
FIRM 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 FIRM, its agents, representatives, or employees.

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the FIRM’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
//
//
58 EXHIBIT 1
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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 FIRM 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 FIRM’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.

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

Waiver of Subrogation
FIRM hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said FIRM may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. FIRM 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.
59 EXHIBIT 1
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the FIRM 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of FIRM or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due FIRM to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

Verification of Coverage
FIRM 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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the FIRM’s obligation to provide them. The City of Stockton reserves the right to require 60 EXHIBIT 1
- 12 -
complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
REV 2022-05-17
61 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF McNAMARA, NEY,

BEATTY, SLATTERY, BORGES & AMBACHER, LLP
The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to retain the law firm of McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP to advise the City in civil liability, litigation, and other proceedings as the need arises; and
The law firm of McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP possesses the qualifications and personnel needed by the City in handling such proceedings; and
Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,

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

1. The City Council hereby approves the selection of McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP to advise the City in civil liability, litigation, and other proceedings as the need arises.

2. The City Attorney is authorized to execute an agreement for legal services with the law firm of McNamara, Ney, Beatty, Slattery, Borges & Ambacher, LLP, in substantially the form as attached as Exhibit “1” and incorporated by this reference.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
62 EXHIBIT 1
- 1 -

AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2022, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the law firm of McNAMARA, AMBACHER, WHEELER, HIRSIG & GRAY LLP ("FIRM").

NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:

1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.

This Agreement will take effect and FIRM will only be obligated to provide legal services as needed once this Agreement is fully signed and initialed by both parties.

Upon receipt of the signed Agreement, Noah Blechman will be the shareholder primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY.

2. SCOPE OF SERVICES.

3. CITY’S DUTIES.

CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, 63 EXHIBIT 1
- 2 -
telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings.

4. CONFLICTS OF INTEREST.

5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.

6. DISCLOSURE.

7. INDEMNIFICATION.

8. INSURANCE REQUIREMENTS.

9. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.

10. NOTICES.

To CITY: Lori M. Asuncion
Acting City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: Noah Blechman
McNamara, Ambacher, Wheeler, Hirsig & Gray LLP
3480 Buskirk Avenue, Suite 250
Pleasant Hill, CA 94523

11. LEGAL FEES AND BILLING PRACTICES.

12. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.

Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees and/or costs to other parties in the action.

Any such payment will be entirely the responsibility of CITY.

13. BILLING STATEMENTS.

14. DISCHARGE AND WITHDRAWAL.

CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to 66 EXHIBIT 1
- 5 -
cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.

15. DOCUMENT RETENTION POLICY.

16. DISCLAIMER OF GUARANTEE AND ESTIMATES.

Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.

17. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.

18. ATTORNEYS’ FEES CLAUSE.

The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under 67 EXHIBIT 1
- 6 -
Business and Professions Code sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

19. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. MODIFICATION BY SUBSEQUENT AGREEMENT.

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

22. EFFECTIVE DATE.

23. AUTHORITY TO CONTRACT.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

LORI M. ASUNCION McNAMARA, AMBACHER, WHEELER,

ACTING CITY ATTORNEY HIRSIG & GRAY, LLP
By: By:

CITY ATTORNEY NOAH BLECHMANN
“‘CITY” “FIRM”
68 EXHIBIT 1
- 7 -
EXHIBIT “A”

Partners $265
Associates $235
Paraprofessionals $110

3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
69 EXHIBIT 1
- 8 -
EXHIBIT “B”

SUBJECT MATTER/CASE NAME & NUMBER
CLAIM NO.:

For Legal Services rendered through as fully described on the attached detailed billing.

TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
70 EXHIBIT 1
- 9 -
EXHIBIT “C”
Insurance Requirements for Professional Services
FIRM 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 FIRM, its agents, representatives, or employees.

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the FIRM’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
//
//
71 EXHIBIT 1
- 10 -
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 FIRM 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 FIRM’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.

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

Waiver of Subrogation
FIRM hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said FIRM may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. FIRM 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.
72 EXHIBIT 1
- 11 -
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the FIRM 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of FIRM or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due FIRM to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

Verification of Coverage
FIRM 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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the FIRM’s obligation to provide them. The City of Stockton reserves the right to require 73 EXHIBIT 1
- 12 -
complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
REV 2022-05-17
74 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN

AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF PORTER SCOTT The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to retain the firm of Porter Scott to advise the City in civil liability, litigation, and other proceedings as the need arises; and The law firm of Porter Scott possesses the qualifications and personnel needed by the City in handling such proceedings; and
Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,

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

1. The City Council hereby approves the selection of Porter Scott to advise the City in civil liability, litigation, and other proceedings as the need arises.

2. The City Attorney is authorized to execute an agreement for legal services with the law firm of Porter Scott in substantially the form as attached as Exhibit “1” and incorporated by this reference.

PASSED, APPROVED, and ADOPTED July12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
75 EXHIBIT 1
- 1 -

AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2022, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the law firm of PORTER SCOTT ("FIRM").

NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:

1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.

This Agreement will take effect and FIRM will only be obligated to provide legal services as needed once this Agreement is fully signed and initialed by both parties.

Upon receipt of the signed Agreement, William Camy will be the shareholder primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY.

2. SCOPE OF SERVICES.

3. CITY’S DUTIES.

CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, 76 EXHIBIT 1
- 2 -
telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings.

4. CONFLICTS OF INTEREST.

5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.

6. DISCLOSURE.

7. INDEMNIFICATION.

8. INSURANCE REQUIREMENTS.

9. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.

10. NOTICES.

To CITY: Lori M. Asuncion
Acting City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: William Camy

PORTER SCOTT
350 University Avenue, #200
Sacramento, CA 95825

11. LEGAL FEES AND BILLING PRACTICES.

12. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.

Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees and/or costs to other parties in the action.

Any such payment will be entirely the responsibility of CITY.

13. BILLING STATEMENTS.

14. DISCHARGE AND WITHDRAWAL.

CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s 79 EXHIBIT 1
- 5 -
services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.

15. DOCUMENT RETENTION POLICY.

16. DISCLAIMER OF GUARANTEE AND ESTIMATES.

Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.

17. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.

18. ATTORNEYS’ FEES CLAUSE.

The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code sections 6200-6206, will be awarded reasonable 80 EXHIBIT 1
- 6 -
attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

19. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. MODIFICATION BY SUBSEQUENT AGREEMENT.

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

22. EFFECTIVE DATE.

23. AUTHORITY TO CONTRACT.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

LORI M. ASUNCION PORTER SCOTT

ACTING CITY ATTORNEY
By: By:

CITY ATTORNEY WILLIAM CAMY
“‘CITY” “FIRM”
81 EXHIBIT 1
- 7 -
EXHIBIT “A”

Partners $250
Associates $225
Paralegals $110
Law Clerks $110

3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
82 EXHIBIT 1
- 8 -
EXHIBIT “B”

SUBJECT MATTER/CASE NAME & NUMBER
CLAIM NO.:

For Legal Services rendered through as fully described on the attached detailed billing.

TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
83 EXHIBIT 1
- 9 -
EXHIBIT “C”
Insurance Requirements for Professional Services
FIRM 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 FIRM, its agents, representatives, or employees.

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the FIRM’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
//
//
84 EXHIBIT 1
- 10 -
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 FIRM 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 FIRM’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.

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

Waiver of Subrogation
FIRM hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said FIRM may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. FIRM 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.
85 EXHIBIT 1
- 11 -
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the FIRM 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of FIRM or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due FIRM to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

Verification of Coverage
FIRM 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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the FIRM’s obligation to provide them. The City of Stockton reserves the right to require 86 EXHIBIT 1
- 12 -
complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
REV 2022-05-17
87 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN

AGREEMENT FOR LEGAL SERVICES WITH THE LAW FIRM OF RICHARDS,

WATSON, GERSHON, A PROFESSIONAL CORPORATION
The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to retain the law firm of Richards, Watson & Gershon, PLC to advise the City in civil liability, litigation, and other proceedings as the need arises; and
The law firm of Richards, Watson & Gershon, PLC possesses the qualifications and personnel needed by the City in handling such proceedings; and Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,

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

1. The City Council hereby approves the selection of Richards, Watson & Gershon, PLC to advise the City in civil liability, litigation, and other proceedings as the need arises.

2. The City Attorney is authorized to execute an agreement for legal services with the law firm of Richards, Watson & Gershon, PLC in substantially the form as attached as Exhibit “1” and incorporated by this reference.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
88 EXHIBIT 1
- 1 -

AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2022, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the law firm of Richards, Watson, & Gershon, A Professional Corporation (“FIRM”.)

W I T N E S S E T H
The City Attorney of the City of Stockton provides legal counsel and representation to the CITY and the Council members, Board members, officers, and employees of the CITY; and
Pursuant to Section 1306 of the Charter of the City of Stockton, the City Attorney shall not retain or employ outside counsel without the approval of the City Council; and The CITY and FIRM have determined that FIRM is especially qualified to provide municipal law advice and representation in legal matters on behalf of the CITY.

NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:

1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.

This Agreement will take effect and FIRM will only be obligated to provide legal services as needed once this Agreement is fully signed and initialed by both parties.

Upon receipt of the signed Agreement, Brendan Kearns will be the shareholder primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY. Mr. Kearns may use the services of other Attorneys in the FIRM as he deems necessary for the interests of the CITY.

2. SCOPE OF SERVICES.

CITY hires FIRM to provide legal services as may be requested by CITY from time to time under this Agreement. No representation of any officials, officers, employees, or any other persons or entities affiliated with CITY shall be provided unless such representations is expressly authorized by the City Attorney, which such written authorization shall be deemed to be a part of this Agreement. FIRM will provide those legal services reasonably required to represent CITY. FIRM will take reasonable steps to keep CITY informed of progress and to respond timely to CITY’s inquiries. If a court action is filed, FIRM will represent CITY through trial and post-trial motions.

3. CITY’S DUTIES.

CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, 89 EXHIBIT 1
- 2 -
telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings.

4. CONFLICTS OF INTEREST.

5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.

6. DISCLOSURE.

7. INDEMNIFICATION.

To the fullest extent permitted by law, FIRM shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with FIRM’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except to the extent such loss or damage was caused by the negligence or willful misconduct of the City of Stockton or any of the Indemnified Parties. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement. 90 EXHIBIT 1
- 3 -

8. INSURANCE REQUIREMENTS.

9. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.

10. NOTICES.

To CITY: Lori M. Asuncion
Acting City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: Brendan Kearns
Richards, Watson & Gerson
350 S. Grand Avenue, 37th Floor
Los Angeles, CA 90071

11. LEGAL FEES AND BILLING PRACTICES.

12. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.

Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees and/or costs to other parties in the action.

Any such payment will be entirely the responsibility of CITY.

13. BILLING STATEMENTS.

FIRM shall submit to CITY, through the City Attorney’s Office, a monthly statement. Each statement shall set forth a description of the legal services rendered for the preceding month in sufficient detail to allow CITY to evaluate whether the fees and costs billed are reasonable in light of the services rendered. In addition, the monthly statements shall include the date of the service, the identity, the duration of the service in tenths of an hour increments and the hourly rate, of the attorney or other staff members performing the service, any reimbursable costs with receipts attached, the itemized and total billing for the statement period. There shall be no bundling of charges. Each activity for which reimbursement is being sought shall be listed separately and shall be followed by the duration and cost for the particular activity. Each monthly statement shall also include a separate cover sheet which lists the total charges due and payable in a format similar to the attached Exhibit “B,” which is incorporated herein by this reference.

14. DISCHARGE AND WITHDRAWAL.

CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance 92 EXHIBIT 1
- 5 -
that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.

15. DOCUMENT RETENTION POLICY.

16. DISCLAIMER OF GUARANTEE AND ESTIMATES.

Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.

17. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.

18. ATTORNEYS’ FEES CLAUSE.

The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.

19. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

20. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

21. MODIFICATION BY SUBSEQUENT AGREEMENT.

This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

22. EFFECTIVE DATE.

23. AUTHORITY TO CONTRACT.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

LORI M. ASUNCION RICHARDS, WATSON & GERSHON

ACTING CITY ATTORNEY
By: By:

CITY ATTORNEY CRAIG STEELE, PRESIDENT
“‘CITY” “FIRM”
94 EXHIBIT 1
- 7 -
EXHIBIT “A”

1. FIRM shall be compensated for work under this Agreement at the blended hourly rates for FIRM's attorneys and paralegals in effect at the time services are rendered. FIRMS’s rates are normally adjusted at the beginning of each calendar year but shall not be adjusted without advance written notice to CITY. FIRM’s current blended hourly rates are as follows:

Shareholders $275
Of Counsel/Senior Attorney $275
Associates $250
Paraprofessionals/Law Clerks $195

3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
95 EXHIBIT 1
- 8 -
EXHIBIT “B”

SUBJECT MATTER/CASE NAME & NUMBER
CLAIM NO.:

For Legal Services rendered through as fully described on the attached detailed billing.

TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
96 EXHIBIT 1
- 9 -
EXHIBIT “C”
Insurance Requirements for Professional Services
FIRM 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 FIRM, its agents, representatives, or employees.

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the FIRM’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
//
97 EXHIBIT 1
- 10 -
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 FIRM 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 FIRM’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.

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

Waiver of Subrogation
FIRM hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said FIRM may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. FIRM 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.
98 EXHIBIT 1
- 11 -
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the FIRM 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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of FIRM or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due FIRM to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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.

Verification of Coverage
FIRM 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 and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the FIRM’s obligation to provide them. The City of Stockton reserves the right to require 99 EXHIBIT 1
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complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
REV 2022-05-17
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City of Stockton
Legislation Text
File #: 22-0569, Version: 1

ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR THE WESTLAKE VILLAGES, UNIT NO. 1B (LARGE LOT MAP) TRACT NO. 4129 PROJECT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the final map for Westlake Villages, Unit No. 1B (Large Lot Map) - Tract No. 4129;

3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
The proposed resolution approves the final map and authorizes the City Manager to execute the Subdivision Agreement between Stockton Westlake Investment LLC, accept all offers of dedication, and recordation of the map for Westlake Villages Unit No. 1B (Large Lot Map) - Tract No. 4129. The subdivision contains 174.80 acres divided into 18 large lots for the construction of residential units, a man-made lake, and private streets.

Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the conditions of the Development Agreement and Tentative Map have been fulfilled. If the final map is approved by the City Council, the City will transmit the map and Subdivision Agreement to the County Recorder for recordation. It is recommended that Council adopt the proposed resolution as Stockton Westlake Investment LLC has fulfilled all necessary conditions.

DISCUSSION
Background
On September 14, 2004, the City Council approved development applications for Spanos Family Partnership for an approximate 681-acre project site located south of Eight Mile Road, west of Spanos Park West and Interstate 5, north of Pixley and Disappointment Sloughs, and east of Bishop Cut bridge and Rio Blanco Road (Attachment A - Vicinity Map). Council approvals included an Environmental Impact Report, General Plan Amendment, Development Agreement, Pre-zoning for mixed-use, Annexation application, and a Master Development Plan to facilitate a residential community consisting of 2,630 single-family residential homes, commercial space, school, parks, and City of Stockton Page 1 of 3 Printed on 7/5/2022
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fire station within a setting of man-made lakes.

On October 14, 2004, the City Planning Commission approved two Tentative Maps (TM 18-04 A & B) for a proposed property subdivision of the Westlake Villages Project site. Tentative Map 18-04A showed how the proposed site would be divided up into smaller parcels creating the 2,630 residential lots (792 of which were intended for an active adult community) and lots for the fire station, parks, school, landscaping, lake, and various accessory lots. Tentative Map 18-04B proposed how the site would be divided up into 30 large lots to provide the developer an opportunity to sell off larger blocks of developable land while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.

In 2018, the City Council approved the formation of Community Facilities District (CFD) No. 2018-2 for Westlake Villages II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and ongoing services related to police, fire, parks, roads, and open space.

To date, the City Council has approved thirteen (13) final maps, creating 1,319 residential parcels, four (4) private parks, private access roads, and public rights-of-way and easements.

Present Situation
Stockton Westlake Investment LLC submitted a final map for Unit No. 1B (Large Lot Map) to complete the subdivision process for the earlier approved Tentative Maps. The final map will subdivide an approximately 174.80-acre project site into 18 large lots for the construction of residential units, a man-made lake, and private streets.

Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met. This includes preparing improvement plans for all proposed private streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and providing financial security to guarantee the subdivision improvements.

The City Engineer reviewed the final map for technical accuracy and substantial conformance with approved tentative maps and recommends forwarding the final map, subdivision agreement, and any offers of dedication to the City Council for consideration and approval.

The subdivision agreement (Exhibit 1 to the proposed resolution) contains the developer’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication and authorize the recordation of the final map.

FINANCIAL SUMMARY
Development fees will be assessed when the Large Lot Map is developed into smaller subdivision lots to create residential parcels.

Westlake Villages, Unit No. 1B (Large Lot Map) will be incorporated into CFD No. 2018-2, which provides funding for the necessary subdivision infrastructure improvements and ongoing City services to support project development. The new fire station proposed within the Westlake Villages City of Stockton Page 2 of 3 Printed on 7/5/2022
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Development would be constructed in a future development phase when needed to address the residential demand. There is no financial impact to the City because of the execution of the subdivision agreement. The costs to construct the required infrastructure improvements and develop the subdivision are borne by the developer and addressed with the formation of the community facilities district.

Attachment A - Vicinity Map
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REV. DATE
CK. BY DRAWING NO.

CITY ENGINEER

APPROVED BY
SCALE
NO. BY APRVD.

DWG. BY

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON DATE
Westlake Villages,
Unit 1B Vicinity Map
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Attachment A
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT,

ACCEPTING ON BEHALF OF THE PUBLIC ALL OFFERS OF DEDICATION, AND

AUTHORIZING RECORDATION OF THE FINAL MAP FOR WESTLAKE VILLAGES, UNIT NO. 1B (LARGE LOT MAP) TRACT NO. 4129
Westlake Villages, Unit No.1B (Large Lot Map) Tract No. 4129, is located south of Eight Mile Road and west of Interstate 5; and
The project will subdivide an approximately 174.80-acre project site into 18 large lots for the construction of residential units, a man-made lake, and private streets; and The subdivider is Stockton Westlake Investment LLC, a California Limited Liability Company (Subdivider); and
The Subdivider has submitted the Westlake Villages, Unit No.1B (Large Lot Map) Tract No. 4129 Final Map for approval; and
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met, which includes preparing improvement plans for all proposed private streets and utilities to be constructed within the subdivision unit, dedicating right of way easements, and placement of property lien to guarantee the subdivision improvements; and
The subdivision agreement contains the subdivider’s obligations for project site development; now, therefore,

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

1. The City Manager is hereby authorized to execute on behalf of the City of Stockton a Subdivision Agreement outlining conditions for the approval of Westlake Villages, Unit No.1B (Large Lot Map) Tract No. 4129, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The certain Final Map, consisting of eight sheets, entitled Westlake Villages, Unit No.1B (Large Lot Map) Tract No. 4129, filed with the City Clerk on July 12, 2022, is hereby approved as and for the Final Map of that certain subdivision known as Westlake Villages, Unit No.1B (Large Lot Map) Tract No. 4129, Stockton, California, a copy of which is attached as Exhibit 2 and incorporated by reference.

3. The City Council hereby accepts on behalf of the public all offers of dedication for the purposes designated and authorizes recordation of the map. 105

4. The approval and acceptance by the City on behalf of the public of Tract No. 4129, Subdivisions of San Joaquin County, Westlake Villages, Unit No.1B (Large Lot Map), is subject to the owner or owners constructing all public improvements required by the Community Development Department and the payment of all fees required under Chapter 16, Division 4, of the Stockton Municipal Code, and subject to the owner or owners submitting to the City of Stockton the final map of the subdivision approved by the County Surveyor indicating conformance to the Subdivision Map Act of the State of California.

5. The City Clerk is hereby authorized and directed to sign and have recorded said subdivision map when same is submitted to the City, bearing said approval of the County Surveyor, and is approved by the City Engineer.

6. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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LOT 28 40-M&P-57 RIO BLANCO ROAD

GILL POND LANE
EXISTING LOT 27 (R1) LOT 9 40-M&P-57 ADJUSTED LOT 27 DOCUMENT NUMBER 2020-045136, S.J.C.R. EXISTING NORTHERLY LINE OF LOT 27 WESTLAKE VILLAGES UNIT NO. 10 - VILLAGE K -M&P- WESTLAKE VILLAGES UNIT NO. 16 - VILLAGE L 43-M&P-191 N 300 150 0 300 600 SCALE: 1" = 300' WESTLAKE DRIVE EXHIBIT 2
LOT 7
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ΔΔ ΔΔ Δ Δ N 100 50 0 100 200 SCALE: 1" = 100' WESTLAKE DRIVE WESTLAKE VILLAGES UNIT NO. 10 - VILLAGE K -M&P- WESTLAKE VILLAGES UNIT NO. 16 - VILLAGE L 43-M&P-191 BREAKWATER GILL POND CIRCLE LANE GILL POND LANE EXHIBIT 2
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Δ Δ Δ Δ LOT 9 40-M&P-57 EXISTING LOT 27 (R1) Δ LOT A 43-M&P-191 DISAPPOINTMENT SLOUGH ADJUSTED LOT 27 DOCUMENT NUMBER 2020-045136, S.J.C.R.

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City of Stockton
Legislation Text
File #: 22-0663, Version: 1

APPROVE A RESOLUTION OF INTENTION FOR THE FORMATION OF THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT AND AUTHORIZING BALLOTS FOR CITY-OWNED

PROPERTY IN THE PROPOSED DISTRICT BE CAST IN FAVOR OF FORMATION

RECOMMENDATION
It is recommended that the City Council adopt a Resolution of Intention:

1. Expressing Council’s intent to form the Miracle Mile Community Improvement District;

2. Accepting Petitions of Property Owners;

3. Preliminarily approving the Management District Plan and Engineer’s Report;

4. Approving the proposed Boundary Map;

5. Setting a date for a Public Hearing on the establishment of the Miracle Mile Community Improvement District and the levy of assessments for September 13, 2022;

6. Providing for property owner ballots and notices of the public hearing to be mailed;

7. Authorizing and directing the City Manager, or designee, to sign the ballots for City-owned properties in the proposed district to be in favor of formation; and

8. Authorizing the City Manager, or designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

Summary
A Community Improvement District (CID) is a flexible financing tool to allow Stockton business districts new mechanisms to establish innovative ways of attracting, retaining, and expanding their businesses to remain competitive with other areas of the region. Formation of a CID is authorized under the City of Stockton’s Community Improvement District Ordinance 2022-03-12-1211 (Attachment A - SMC Ordinance #2022-03-22-1211). The levy of assessments on real property within the proposed district will support activities and improvements for the assessed properties, including enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration, throughout the district. The Miracle Mile Community Improvement District (MMCID) has requested that the City of Stockton consider the formation of the district for a term of 20 years, beginning January 1, 2023.

DISCUSSION
Background
Local and state governments are often unable to provide specialized services to meet an area’s unique needs. A Community Improvement District (CID) is a flexible financing tool for creating private -sector, self-governed management districts. These districts provide the means for enhanced maintenance, safety, marketing, management, and advocacy services through property City of Stockton Page 1 of 4 Printed on 7/5/2022
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assessments. Property owners pay these assessments directly as part of their annual tax bill. Funds raised through a CID cannot be diverted to government programs. Currently, the Miracle Mile Property and Business Improvement District (MMPBID) is one of two existing Property and Business Improvement Districts within the City of Stockton. The MMPBID was established by Council Resolution No. 07-0310 (Attachment B - Resolution No. 07-0310) on July 17, 2007, with an initial term of five years. It was subsequently renewed by Council Resolution No. 2012-06-26-1601 (Attachment C - Resolution No. 2012-06-26-1601) for an additional five-year term with an expiration date of December 31, 2017. Presently the MMPBID operates under the 3rd approved five-year term renewed by Council Resolution No. 2017-12-28-0801 (Attachment D - Resolution No. 2017-12-28- 0801) with an expiration date of December 31, 2022.

On May 24, 2022, the City Council adopted Resolution No. 2022-05-24-1503, stating its intention to form the MMCID, accepting the petitions of property owners, preliminarily approving the Management District Plan and Engineer’s Report, approving a proposed boundary map, setting a date for a public hearing on July 26, 2022, providing for property owner ballots, and authorizing the City Manager to sign the ballot for all City-owned property which was proposed to be assessed in favor of the formation of the MMCID. Due to a mailing error, not all property owners were provided a timely ballot pursuant to Resolution No. 2022-05-24-1503. Therefore, the City Council is being presented with both a resolution rescinding Resolution No. 2022-05-24-1503 and this newly-proposed Resolution of Intention. Previously submitted petitions to initiate the district formation process are being accepted, as the district’s Management District Plan and Engineer’s Report remain unchanged since petitions were first circulated.

Present Situation
The MMCID proponents have requested that the City consider the establishment of a new Community Improvement District (CID) allowed under the City’s CID ordinance, as recently amended by Ordinance No. 2022-03-22-1211 on March 22, 2022. A CID is a community-driven partnership with the City to improve the quality of life in neighborhoods and mixed-use commercial districts. The MMCID proposes a 20-year district term beginning January 1, 2023, as provided under the law. To initiate the process, the MMCID has complied with the required provisions, including the preparation of a Boundary Map (Exhibit 1 to the resolution) showing the territory proposed to be included within the district. The property uses within the boundaries of the proposed MMCID are a mix of retail, service, office, mixed-use, residential, public visitor related, cultural, and parking.

Under the City’s ordinance, district formation requires submitting petitions from property owners in the proposed district representing more than 30% of the total assessments to be paid into the proposed MMCID. Once the 30% threshold is met, a Resolution of Intention for the district formation is presented to the City Council for consideration.

Upon the Council’s approval, assessment ballots and notice of public hearing are mailed to property owners within the proposed district. The notice shall contain the total amount of the assessment proposed to be levied, the assessment rate proposed, the reason for the assessment, the duration of the assessment, the basis upon which the amount of the assessment was calculated, and the time and date of a public hearing on the proposed assessment. A public hearing is held at least forty-five (45) days after mailed notice to property owners to receive public testimony and tabulate the ballots received. If the weighted majority of all returned mail ballots support district formation, the City Council may adopt a Resolution of Formation to levy the assessments on the benefiting parcels, and City of Stockton Page 2 of 4 Printed on 7/5/2022
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the MMCID will be formed.

In addition, a Management District Plan (MDP) must be adopted that specifies how the assessment funds are to be spent. Property owners establish the spending priorities and limits through the MDP.

The MMCID MDP contains:
· District formation requirements, regulations, governance, and boundary map. · The proposed examples of special benefit services, the percentage allocated, and how the district will be governed.
· Proposed funding sources, including proposed method and basis of levying the assessment presented.
· The time and manner of collecting the assessment.
· The specific number of years the district will levy the assessment. · A list of assessed properties.

Further, the MMCID must prepare an annual report to the City Council outlining its accomplishments each year.

Written petitions were distributed to property owners of record beginning on April 20, 2022, along with an MDP summary describing the district boundaries, assessments, and services of the MMCID. On May 24, 2022, the MMCID delivered signed petitions to the City indicating support from 40.27% of the property owners; only 30% is required by law to adopt a resolution of intention and begin the district formation process. Property owners may submit petitions to the Miracle Mile until July 12, 2022. These petitions will be on file with the City Clerk.

MANAGEMENT DISTRICT PLAN
The MDP (Exhibit 2 to the resolution) includes the proposed boundary map of the MMCID, district improvement and activity plan, assessment methodology, district rules, regulations and governance, implementation timetable, assessment roll of properties included, and other provisions required by law. The MMCID consists of approximately 25 square blocks consisting of 155 parcels owned by 95 property owners, as identified in the MDP. The MDP includes a detailed map and full description of the boundaries of the District.

The MMCID will provide services funded by the assessments to specifically benefit the properties within the district that are above and beyond those provided by the City and other government agencies, including:
· Support increased commerce
· Enhance business attraction and retention
· Retain and increase commercial property rentals
· Attract new residential developments
· Enhance safety and cleanliness in the district
· Improve District identity
· Fund specialized beautification and enhanced services for the property owners, businesses, visitors, and residents within the district
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The MMCID’s MDP gives property owners flexibility in determining the type and frequency of special benefit services that will be allocated on a year-to-year basis. As MMCID evolves, services needed one year may not be required the next. Therefore, “bundles” or categories of special benefit funding have been created and divided into four broad categories. Each bundle is allocated funding percentages with the flexibility to prioritize or minimize a service within each bundle. The following bundles of services and allocations are included in the MDP:

1. Civil Sidewalks (clean & safe) - 60%

2. District Identity and Placemaking - 15%

3. Administration/District Management - 22%

4. Contingency/Reserve - 3%
The assessment will be implemented beginning January 1, 2023. The county will collect the assessments annually from each assessed property owner and forward them directly to the MMCID.

The projected annual budget for operations for the MMCID is $230,550, which property assessments will fund.

The district renewal process involves a great amount of outreach, planning, organization, and documentation. The current MMCID has initiated the district formation process by contracting with a consultant, conducting stakeholder meetings, and developing the MDP and Engineer’s Report.

FINANCIAL SUMMARY
The MDP requires that local governmental agencies, including the City of Stockton, pay assessments for special benefits conferred to their property within the boundaries of the MMCID, pursuant to Article XIIID of the State of California Constitution.

The proposed assessments are a sum of the building square footage, lot size, and linear frontage costs per parcel, per Benefit Zone. The initial annual rate for each parcel is shown in the table below.

Assessment rates may be subject to yearly increases not to exceed 5% per year and shall not exceed the actual increases in costs and services.

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage $0.13 $0.07 $0.11 N/A
Lot/Parcel Size $0.13 $0.07 $0.11 N/A
Linear Frontage N/A N/A N/A $2.00
There are 11 City-owned properties along the MMCID. Total assessment for calendar year 2023 is $21,639.84 and will be paid from the Administrative Services Department General Fund, General Administration Division, Tax Collection Costs program account.

Attachment A - SMC Ordinance 2022-03-22-1211
Attachment B - Resolution No. 07-0310
Attachment C - Resolution No. 2012-06-26-1601
Attachment D - Resolution No. 2017-12-28-0801
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Resolution No.

STOCKTON CITY COUNCIL

A RESOLUTION OF INTENTION FOR FORMATION OF THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT, ACCEPTING PETITIONS OF PROPERTY

OWNERS, PRELIMINARILY APPROVING THE MANAGEMENT DISTRICT PLAN AND ENGINEER’S REPORT, APPROVING A PROPOSED BOUNDARY MAP,

SETTING A DATE FOR A PUBLIC HEARING ON THE ESTABLISHMENT OF THE

DISTRICT AND LEVY OF ASSESSMENTS ON
SEPTEMBER 13, 2022, PROVIDING FOR MAILING OF PROPERTY OWNER

BALLOTS AND NOTICES, AND AUTHORIZING AND DIRECTING THE CITY

MANAGER, OR DESIGNEE, TO SIGN BALLOTS FOR CITY-OWNED PROPERTY The Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., authorizes cities and counties to establish and renew property and business improvement districts for the purposes of providing activities and improvements which generate a special benefit to assessed parcels; and The City of Stockton’s Community Improvement District Ordinance, at Title 3, Chapter 3.96 of the Stockton Municipal Code, as amended by Ordinance No. 2022-03- 22-1211, provides for alternative procedures which supplement the procedures of the Streets and Highway Code; and
Incorporated herein by this reference is the Miracle Mile Community Improvement District (“MMCID”) Management District Plan (hereafter “Plan”), which provides for enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration with the intent of providing special benefits to assessed parcels within the MMCID; and
Owners of parcels within the proposed MMCID have submitted petitions asking that the City Council establish the MMCID. Included with each petition was a Management District Plan summary and a map showing the boundaries of the MMCID.

The petitions, the boundary map, and the Plan are on file with the City Clerk; and The City Council finds that the City has received petitions signed by property owners in the proposed MMCID who will pay more than 30% of the proposed assessment; and
The City Council finds that the Plan satisfies all the requirements of Streets and Highways Code section 36622. The Plan proposes to fund improvements and services through the levy of a benefit assessment on real property within the MMCID; and Pursuant to Article XIIID, Section 4 of the California Constitution, publicly owned properties which receive special benefit from the improvements must be assessed a proportionate share of the costs thereof; now, therefore, 307

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

1. Recitals. The recitals set forth herein are true and correct.

2. Intention and Acceptance of Petitions. The City Council finds that property owners who will pay more than 30% of the assessment proposed in the Plan have signed petitions. The City Council accepts the petitions on file with the City Clerk and intends the formation of the MMCID and to levy an assessment on real property within the MMCID boundaries in accordance with City’s Community Improvement District law. In the first year of the twenty-year term, the proposed assessment on all property owners is approximately $230,550.

3. Assessment. The assessment will be imposed on real property within the proposed district at the following rates:

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage
(per square foot)
$0.13 $0.07 $0.11 N/A
Lot/Parcel Size (per
square foot)
$0.13 $0.07 $0.11 N/A
Linear Frontage (per
linear foot)
N/A N/A N/A $2.00
Assessment rates may be subject to annal increases not to exceed 5% per year.

Increases will be determined by the Owners’ Association and will vary between 0 - 5% annually due to increasing costs in labor, materials, and other expenses. Such an increase will not exceed the actual costs to provide the same or similar level of service year to year. Zone boundaries are depicted in the attached map, incorporated herein as Exhibit 1.

4. Management Plan and Engineer’s Report. The Management Plan and Engineer’s Report have been prepared and filed with the City Clerk, incorporated herein as Exhibit 2. The City Council finds that the Plan satisfies all requirements of Streets and Highway Code section 36622.

5. Boundary Map. The exterior boundaries of the MMCID are shown on the map attached to this resolution as Exhibit 1 and is on file with the City Clerk.

6. Bonds. Bonds shall not be issued for the MMCID.

7. Hearing. The time and place for the public hearing on the establishment of the MMCID and the levy of the proposed assessment is set for 5:30 p.m. on September 13, 2022, in the City Council Chamber located at 425 N. El Dorado Street, Second Floor, Stockton, CA 95202. The City Council may continue the public hearing from time to time.

8. Notice of Hearing. The City Clerk is directed to give notice of the time and place of the public hearing in accordance with Streets and Highways Code section 308
36623. The City Clerk is to do this by mailing (or causing to be mailed) written notices and assessment ballots in the time, form, and manner provided by Government Code section 53753 to all persons who own real property within the proposed MMCID and will be subject to the proposed assessment. The City Clerk is further directed to file an affidavit with the City Council when all notices and ballots have been mailed, setting forth the time and manner of his or her compliance with the requirements of law for mailing the notices and ballots. The notice, herein incorporated by this reference as Exhibit 3, shall be mailed not less than forty-five (45) days before the date of the public hearing.

9. Ballot and Authorization. At the public hearing, the City Council will consider all objections or protests to the proposed assessment, and any interested person will be permitted to present written or oral testimony. At the conclusion of the public hearing, all ballots submitted and not withdrawn will be tabulated in accordance with Government Code section 53753. The Council hereby authorizes the City Manager, or designee, to execute the property owner’s assessment ballot for all property owned by the City and proposed to be assessed, in favor of the formation of the MMCID and the assessment thereon.

10. Effectiveness. This resolution shall take effect immediately upon its passage.

11. The City Manager, or designee, is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 12, 2022 .
__________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
__________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
309

BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL
N

HUNTER ST
N

COMMERCE ST
N

HUNTER ST
N

SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

W ALPINE AVE
020
070
050
170
180
350
320
270
370 25
260 0
380
390
010
020
230
240
250
260
250
120
270
260
110
050
080 040
070
060
010
050
100
090
080
060
070
160
030
040
160
150 180
110 120
055
001 160 190
020
010
31 0
420
220
200 210
230
040
560
570
550
160
150
140
030
010 040
080
070
090
060
040
050
010
100
170
160
100
390 370
410
210
230
250 070
080
090
100
120
040
360
370
390
380
35 0
340
060
020
030
040
050
010
010
020
030
040
050
070
400
020
03 010
020
010
007
020
0 250 500 1,000
Feet
364
363
354
050
040
030
020
290
320
240
340 380
010
030
060
030
110
070
060
070
070 070
050
041
042
020
095
080
080
070
570
310 330
340
010
350 340
030
020
030
010
370
010
360
350
340
020 030
040
040
040
010
210
030
020
170
540 W HARDING WAY

PACIFIC WAY

PACIFIC WAY
070
330
320
020
020
0 0
30 20
010
170
280
050
300
018
310
017
060 060
070
080
LEGEND

PACIFIC WAY

PACIFIC AVE
N

EL DORADO ST

W NOBLE

W MAPLE ST
N

COMMERCE ST
N

CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
EXHIBIT 1
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022
310
EXHIBIT 2 311
EXHIBIT 2 312
EXHIBIT 2 313
EXHIBIT 2 314
EXHIBIT 2 315
EXHIBIT 2 316
EXHIBIT 2
Boundaries:

The proposed Mirc1cle Mile CID consists of approximately 25 square blocks consisting of 155 parcels owned by 95 property owners. See the Miracle Mile proposed CID map in Section 2, pages 10 and 11.

Benefit Zones:

The District consists of four benefit zones.

Northem Boundary:

The northern boundary of the proposed Miracle Mile CID is on the south side of E. Alpine Avenue and includes parcel number 113-290-010 as well as 125-020-101 on the south side of the Intersection of E. Alpine Avenue and Pacific Avenue.

Westem Boundary:

The western boundary of the proposed CID starts at parcel 125-020-010 at E. Alpine Avenue and includes all the western side ofthe parcels fronting along Pacific Avenue, continuing south from E. Alpine Avenue to the northwestern corner of the intersection of Harding Way and Pacific Avenue. The western boundary then heads west including all the north side of the parcels fronting along Harding Way from parcel 127-070-340, westward and ending at the east side of Sperry Street including parcels 139-020-370 and parcel 139-020-007.

Southem Boundai:y:

The southern boundary of the proposed Miracle Mile CID commences at the southeastern corner of the Intersection of Sperry Road and Harding Way, including parcel 139-020-007 and runs eastward along the southern edge of the parcels fronting along Harding Way, ending at parcel 137-095-010 at the southwestern corner of Lincoln Road and Harding Way.

Eastern Boundai:y:

The eastern boundary of the proposed CID begins at the southeastern comer of the intersection of Harding Way and Lincoln Road, parcel 137-095-010 and runs northward, including the Stockton Adult School at parcel 137-060-020, continuing northward running on the eastern edge of the parcels fronting along Pacific Avenue including all the commercial parcels bounded by Bedford Road on the south, Beverly Road on the east, Pacific Avenue on the west and Regent Court on the north. Continuing north of Regent Court, including all the parcels fronting along Pacific Avenue up to parcel 113-290-010 on the south side of W.

Alpine Avenue,
Boundaries of Benefit Zones:

The boundaries of each of the four benefit zones, are to be found in their respective colors on 7 317
EXHIBIT 2 318
EXHIBIT 2 319
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EXHIBIT 2 340

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EXHIBIT 2 345

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Exhibit 3

MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT

PUBLIC NOTICE

A PUBLIC HEARING ON THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT

AND PROPOSED ASSESSMENT IS SCHEDULED FOR
SEPTEMBER 13, 2022, AT 5:30 P.M.,

CITY COUNCIL CHAMBERS,
425 N. EL DORADO STREET, STOCKTON, CA 95202
Location: The Miracle Mile Community Improvement District (MMCID) shall include those commercial parcels in the Pacific Avenue area from Alpine Avenue on the north to Harding Way on the south, and all commercial parcels that front Harding Way between Lincoln Street on the west and North El Dorado Street on the east.

Services: The purpose of the MMCID is to provide activities and improvements which constitute and convey a special benefit to assessed parcels. The MMCID will provide enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration with the intent of providing special benefits to assessed parcels within the MMCID directly and only to assessed parcels within its boundaries.

Budget: The MMCID’s total annual assessment budget for the initial year of its 20-year operation is anticipated to be $230,550. This is the total amount of assessment chargeable to the entire district in the initial year of operation. The annual budget may be subject to yearly increase in assessment rates of no more than five percent (5%) per year.

Cost: The assessment rate (cost to the parcel owner) will be levied on property in the district based on benefit zone, building square footage, parcel square footage, and parcel linear frontage. The initial annual rate of assessment to each parcel is shown in the table below. Assessment rates may be subject to an increase of no more than five percent (5%) per year.

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage
(per square feet)
$0.13 $0.07 $0.11 N/A
Lot/Parcel Size (per square feet) $0.13 $0.07 $0.11 N/A Linear Frontage (per linear feet) N/A N/A N/A $2.00
Formation: The assessment shall not be imposed if, upon the conclusion of the public hearing, the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with the ballots weighted according to the proportional financial obligation of the affected property. The ballot included in this packet provides information on how to complete and return your ballot so that it may be tabulated.

Duration: The MMCID, and the duration of the assessment, will be for a 20-year period beginning January 1, 2023, through December 31, 2042. Near the end of the term, the petition, ballot, and City Council public hearing process would have to be repeated for the MMCID to be renewed.

The Property Owner Ballot included in this packet contains important information concerning its completion, return, and tabulation, and the effect of casting ballots in support or in protest of the assessment. For more information on the ballot return process, please call the City Clerk at (209) 937-8459. For more information on the formation of the district, please call the Miracle Mile at (209) 623-1144. 373
City of Stockton
Legislation Text
File #: 22-0664, Version: 1

RESCIND RESOLUTION OF INTENTION FOR FORMATION OF THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT

RECOMMENDATION
It is recommended that the City Council adopt a Resolution to:

1. Rescind the Resolution of Intention for formation of the Miracle Mile Community Improvement District adopted by the City Council on May 24, 2022; and

2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the resolution.

Summary
On May 24, 2022, a Resolution of Intention was adopted by the City Council for the formation of the Miracle Mile Community Improvement District (MMCID) and to set a date for a public hearing, among other actions. It is now requested that the Resolution of Intention be rescinded, and the ballots not be tabulated.

DISCUSSION
Background
On May 24, 2022, the City Council adopted Resolution No. 2022-05-24-1503 (attached as Exhibit 1 to the Resolution), stating their intention to form the MMCID. This Resolution included the following:
· accepting petition of property owners,
· preliminarily approving the Management District Plan and Engineer’s Report, · approving a proposed boundary map,
· setting a date for a public hearing of protests on July 26, 2022, · providing for property owner ballots, and
· authorizing the City Manager to sign the ballot for all City-owned property which is proposed to be assessed in favor of the formation of the MMCID.

Present Situation
Staff requests that the Resolution of Intention adopted by the City Council be rescinded and the votes not be tabulated. A new Resolution of Intention will be presented to Council for consideration due to a mailing error necessitating the reissuance of the notice and balloting process. The MMCID City of Stockton Page 1 of 2 Printed on 7/5/2022
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374
File #: 22-0664, Version: 1
proponents will not be required to re-petition property owners within the proposed Community Improvement District boundary to initiate the district formation process, as the 30% threshold has been met to support the formation of the district and no changes have been made to the MMCID Management District Plan or Engineer’s Report since petitions were first circulated.

FINANCIAL SUMMARY
There is no negative financial impact to the City associated with this action.

City of Stockton Page 2 of 2 Printed on 7/5/2022
powered by Legistar™
375
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION RESCINDING THE RESOLUTION OF INTENTION FOR THE FORMATION

OF THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT ADOPTED BY THE CITY COUNCIL ON MAY 24, 2022
The City Council approved a Resolution of Intention for the formation of the Miracle Mile Community Improvement District (MMCID) on May 24, 2022 (2022-05-24-1503); and City staff requests the rescinding of the Resolution of Intention due to a mailing error necessitating the reissuance of the notice and balloting process; and City staff requests that the Resolution of Intention adopted be rescinded to allow the reissuance of the notice and balloting process for certification of mailing by the City Clerk; now, therefore,

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

1. The City Council hereby rescinds the Resolution of Intention for the formation of the Miracle Mile Community Improvement District adopted by the City Council on May 24, 2022, (Resolution No. 2022-05-24-1503), incorporated herein as Exhibit 1.

2. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
376
EXHIBIT 1 377
EXHIBIT 1 378
EXHIBIT 1 379

BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL
N

HUNTER ST
N

COMMERCE ST
N

HUNTER ST
N

SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

PACIFIC WAY

PACIFIC WAY
070
330
320
020
020
0 0
30 20
010
170
280
050
300
018
310
017
060 060
070
080
LEGEND

PACIFIC WAY

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N

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Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022
EXHIBIT 1 380
EXHIBIT 1
EXHIBIT 1 381
EXHIBIT 1
EXHIBIT 1 382
EXHIBIT 1
EXHIBIT 1 383
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1 399
EXHIBIT 1 400
EXHIBIT 1 401
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EXHIBIT 1 403
EXHIBIT 1 404
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EXHIBIT 1 406
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EXHIBIT 1 439

EXHIBIT 1 440

EXHIBIT 1 441

EXHIBIT 1 442

MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT

PUBLIC NOTICE

A PUBLIC HEARING ON THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT

IS SCHEDULED FOR
JULY 26, 2022, AT 5:30 P.M.,

CITY COUNCIL CHAMBERS,
425 N. EL DORADO STREET, STOCKTON, CA 95202.

Location: The Miracle Mile Community Improvement District (MMCID) shall include those commercial parcels in the Pacific Avenue area from Alpine Avenue on the north to Harding Way on the south, and all commercial parcels that front Harding Way between Lincoln Street on the west and North El Dorado Street on the east.

The MMCID boundary overview is illustrated on the enclosed map.

Property Variable Zone 1 Zone 2 Zone 3 Zone 4
Building Square Footage (per
sq. ft)
$0.13 $0.07 $0.11 N/A
Lot/Parcel Size (per sq. ft.) $0.13 $0.07 $0.11 N/A
Linear Frontage (per linear ft.) N/A N/A N/A $2.00
Formation: The assessment shall not be imposed if the ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment, with the ballots weighted according to the proportional financial obligation of the affected property. The ballot included in this packet provides information on how to complete and return your ballot so that it may be tabulated.

The Property Owner Ballot included in this packet contains important information concerning its completion, return, and tabulation, and the effect of casting ballots in support or in protest of the assessment. For more information on the documents in this packet, please call the City Clerk at (209) 937-8459. For more information, please call MMCID at (209) 623-1144.

EXHIBIT 1 443
City of Stockton
Legislation Text
File #: 22-0078, Version: 1

ADOPT A RESOLUTION AUTHORIZING THE GRANTING OF A LEVEE EASEMENT DEDICATION TO RECLAMATION DISTRICT 1614 LOCATED AT 2130 FONTANA AVENUE

RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing the granting of a levee easement dedication to Reclamation District 1614 over a portion of a parcel owned by the City of Stockton located at 2130 Fontana Avenue (APN 121- 180-32) to facilitate the maintenance and operation of the levee.

2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
Reclamation District 1614 has requested the dedication of a levee easement over a portion of a parcel owned by the City located at 2130 Fontana Avenue (Attachment A - Vicinity Map, Attachment B - Aerial Map, and Attachment C - Easement Location). Reclamation District 1614 is requesting the levee easement so that they may have the exclusive power to construct, maintain, operate, and otherwise control the reclamation works.

The FY 2021-22 Adopted Fee Schedule identifies a $1,883.00 Easement Dedication Application Fee.

A copy of the offer detailing the acquisition is attached (Attachment D - Letter Agreement). The current action will provide Reclamation District 1614 the necessary access to continue the levee maintenance work along Smith Canal. The access will be used for staging construction equipment and personnel during maintenance and operation activities.

DISCUSSION
Background
Reclamation District 1614 oversees the maintenance and operation of the levee in the area of Smith Tract, providing flood protection for approximately 1,598 acres. The proposed levee easement is located over a portion of a parcel owned by the City. The parcel was acquired by the City in 1983 and serves as a pump station.

Present Situation
Reclamation District 1614 recently completed a rock slope protection project along the levee crown and water side slope via the City of Stockton pump station. The levee easement will provide the City of Stockton Page 1 of 2 Printed on 7/5/2022
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444
File #: 22-0078, Version: 1
Reclamation District the necessary access for future operation and maintenance activities, which may involve the staging of construction equipment and personnel and the transportation of rock material.

City of Stockton staff identified the most applicable fee in the FY 2021-22 Adopted Fee Schedule, which contains an Easement Dedication Application Fee in the amount of $1,883.00. Therefore, staff recommends the granting of this levee easement dedication for the amount of $1,883.00.

NOTIFICATION
All City Departments and local utilities were notified of the proposed dedication of an easement at this site. There are no utilities in the proposed disposition area and no utility easement will need to be reserved over the area.

On June 9, 2022, as required by the City Charter Section 510, a Notice of Intention to Grant or Sell Real Property interest was advertised in the legal notice section of The Record ten days prior to Council consideration of this action.

ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” under Section 15061(B)(3), since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity/project conforms to the City’s General Plan Policy Document, as amended.

FINANCIAL SUMMARY
If approved, the $1,883 application fee will be deposited into the General Fund, non-departmental, Misc. Other Revenues account. All of the advertising costs necessary to process the granting of easement interests to Reclamation District 1614, approximately $500, will be paid from the Economic Development Department’s General Fund, Asset Management Division, Real Property program, Publicity and Advertising account.

Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - Easement Location
Attachment D - RD 1614 Letter
City of Stockton Page 2 of 2 Printed on 7/5/2022
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445

VICINITY MAP ATTACHMENT A
2130 Fontana
Avenue
446

AERIAL MAP ATTACHMENT B
2130 Fontana
Avenue
447

ATTACHMENT C
Easement location
448
K�ELDSEN

SINNOCK

NEUDECK
Stephen K. Sinnock, P.E.

Christopher H. Neudeck, P.E.

Neal T. Colwell, P.E.

CIVIL ENGINEERS & LAND SURVEYORS
June 2, 2021
City of Stockton Public Works
Eric Alvarez, City Engineer
Amanda Thomas, Project Manager
22 E. Weber Avenue, Room 301
Stockton, CA 95202
Re: Reclamation District 1614 - Smith Tract
Barry O'Regan, P.E.

Levee Easement Package for 2130 Fontana Avenue, Stockton, CA 95204 Assessor Parcel No. 121-180-320-000
Dear Eric and Amanda,
0806-0010
01-001
On behalf of Reclamation District No. 1614 - Smith Tract (RD 1614) I am writing you about the City of Stockton's property at 2130 Fontana Avenue which encompasses a levee that provides flood protection to RD 1614 within the City of Stockton. On the Parcel Map for this property, there currently is an eighty foot (80') wide levee easement on the rear of the City's Parcel B, that was dedicated to the public in 1983 on Parcel Map 12-80, which is enclosed. RD 1614 would like to improve/perfect this existing levee easement and have the City of Stockton dedicate the same easement to them that has been dedicated to the public in 1983. RD 1614 is the Local Maintenance Agency that maintains the levees and terminal drainage facilities for this area. The City of Stockton as a local landowner within the District pays an annual assessment to RD 1614 in order to operate and maintain the levees and drainage features within the District. RD 1614 is requesting for the same levee easement as dedicated on the map and no additional rights.

As you may have noticed, RD 1614 has recently completed substantial improvements at the rear of the City of Stockton's property. We have enclosed "before" and "after" photos of this area so that you can view the improvements that have been made to limit campers from utilizing this area and negatively impacting the levee structure as well as jeopardizing the City of Stockton's property. This work was completed solely at the expense of RD 1614 utilizing the existing levee easement. Since the existing levee easement does not name RD 1614 specifically is the reason for our request.

We have enclosed a RD 1614 Easement Package for the City of Stockton's consideration for this property. In the submittal, for the City of Stockton's review and signature, are the following documents:
1) The levee easement deed jacket naming Reclamation District No. 1614 as the easement holder.
2) Stamped, dated and signed levee easement description, same as dedicated in Parcel Map 12-

80. 3) Closure report of levee easement.

Corporate Office: 711 N Pershing Avenue I Stockton, CA 95203 I 209-946-0268 I www.ksninc.com West Sacramento: 1550 Harbor Boulevard, Suite 212 I West Sacramento, CA 95691 j 916-403-5900

ATTACHMENT D
449

ATTACHMENT D
450
589908-2
1 RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

RECLAMATION DISTRICT 1614
P.O. BOX 4807
STOCKTON, CA 95204-4807

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax not applicable.

Public agency is Grantee.
__________________________________
Secretary, Reclamation District 1614

EASEMENT DEED
Preamble and Recitals
This Agreement is entered into on June ____, 2021 by and between City of Stockton, a Municipal Corporation, hereafter referred to as “Grantor,” and Reclamation District 1614, hereafter referred to as “Grantee.”
A. Grantor is the owner of certain real property situated in the City of Stockton of San Joaquin County, California (hereafter referred to as the “Servient Tenement”), and more particularly described in Exhibit A, which is attached to this Agreement and hereby incorporated by reference.

B. Grantee desires to acquire certain rights in the Servient Tenement.

Grant of Easement

1. For valuable consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee an easement, subject to the terms of this Agreement.

Character of Easement

2. The easement granted in this Agreement is in gross.

Description of Easement

ATTACHMENT D
451
589908-2
2 which is within the areas of the easement described herein, or which affects any levee, bulkhead or other reclamation work (collectively “reclamation purposes”) on that portion of the artificial waterway commonly known as Smith Canal in the area described by the following boundaries: (1) bounded on the north by a line offset inland (in a northerly direction) ten feet from the toe of the levee along the north bank of said Smith Canal, located along the southerly boundary of the Servient Tenement, (2) bounded on the east by the easterly line of the Servient Tenement; (3) bounded on the west by the westerly line of the Servient Tenement, and (4) bounded on the south by the southerly boundary of the Servient Tenement; together with an easement of ingress and egress to and from such described easement, for personnel and equipment, across the remainder of the Servient Tenement; provided, however, that any private structures which exist as of the date of recordation of this easement which, in the judgment of Grantee, do not substantially adversely affect the physical integrity of the reclamation works are deemed to be permitted by Grantee; private structures which do substantially adversely affect the physical integrity of the reclamation works may be removed at the cost of the Grantee.

Term

4. The easement granted in this Agreement shall be perpetual.

Nonexclusive Easement

5. Except as specified herein, the easement granted in this Agreement is nonexclusive. Grantor retains the right to make any sue of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties, that does not interfere unreasonably with Grantee’s free use and enjoyment of the easement.

Agreement Nonassignable

6. This Agreement shall not be assigned. Any purported assignment of this Agreement or of any interest in this Agreement shall be void and of no effect.

Attorneys’ Fees

7. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys’ fees, costs, and expenses incurred in the action or proceeding by the prevailing party.

Entire Agreement

8. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations, or

ATTACHMENT D
452
589908-2
3 representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee.

Binding Effect

9. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this Agreement.

Executed on June _____, 2021.

GRANTOR
City of Stockton, a Municipal Corporation, dated June _____, 2021 By:

CITY OF STOCKTON

GRANTEE
KEVIN M. KAUFFMAN
President

ATTACHMENT D
453
589908-2
4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________________)
On ____________________, before me, ______________________________________, a Notary Public, personally appeared CITY OF STOCKTON who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________________)
On ____________________, before me, ______________________________________, a Notary Public, personally appeared KEVIN M. KAUFFMAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

ATTACHMENT D
454

ATTACHMENT D
455

ATTACHMENT D
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ATTACHMENT D
457

ATTACHMENT D
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ATTACHMENT D
459

ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
462

ATTACHMENT D
463
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE GRANTING OF A LEVEE EASEMENT DEDICATION TO RECLAMATION DISTRICT 1614 AT 2130 FONTANA AVENUE

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

1. The granting of a levee easement dedication to Reclamation District 1614, more particularly described in the Easement Deed with map and legal description attached as Exhibit 1 and incorporated by this reference, over a portion of a parcel owned by the City of Stockton is hereby authorized and approved for an application fee of $1,883.

2. The easement interests are being granted to provide a levee easement to Reclamation District 1614 to facilitate the maintenance and operation of the levee.

3. All City departments and local utilities have been notified and there are no objections to the proposed disposition.

4. In accordance with section 65402 of the Government Code, this project/activity has been determined to conform to the City's General Plan Policy Document, as amended.

5. This project is categorically exempt under the State CEQA Guidelines as specified in section 15061(B)(3) of the State CEQA Guidelines.

6. Pursuant to the requirements of Article V, Section 510, of the Stockton City Charter, a Notice of Intention to Grant or Sell Real Property Interest has been duly published.

7. Publication of the notice will be paid for by the City of Stockton. //
//
//
//
//
//
//
//
//
464

8. The City Manager, or designee, is hereby authorized to execute the documents necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED and ADOPTED July 12, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
465
589908-2
1 RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:

RECLAMATION DISTRICT 1614
P.O. BOX 4807
STOCKTON, CA 95204-4807

SPACE ABOVE THIS LINE FOR RECORDER'S USE
Documentary Transfer Tax not applicable.

Public agency is Grantee.
__________________________________
Secretary, Reclamation District 1614

EASEMENT DEED
Preamble and Recitals
This Agreement is entered into on __________, 2022 by and between City of Stockton, a Municipal Corporation, hereafter referred to as “Grantor,” and Reclamation District 1614, hereafter referred to as “Grantee.”
A. Grantor is the owner of certain real property situated in the City of Stockton of San Joaquin County, California (hereafter referred to as the “Servient Tenement”), and more particularly described in Exhibit A, which is attached to this Agreement and hereby incorporated by reference.

B. Grantee desires to acquire certain rights in the Servient Tenement.

Grant of Easement

1. For valuable consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee an easement, subject to the terms of this Agreement.

Character of Easement

2. The easement granted in this Agreement is in gross.

Description of Easement

3. The easement granted in this Agreement is an easement for the exclusive power to construct, maintain, operate and otherwise control reclamation works, including the maintenance, operation and control of the levees and bulkheads and other reclamation works, including the right to permit or refuse any and all private uses, including the maintenance, construction or installation of any structure or other work of improvement EXHIBIT 1 466
589908-2
2 which is within the areas of the easement described herein, or which affects any levee, bulkhead or other reclamation work (collectively “reclamation purposes”) on that portion of the artificial waterway commonly known as Smith Canal in the area described by the following boundaries: (1) bounded on the north by a line offset inland (in a northerly direction) ten feet from the toe of the levee along the north bank of said Smith Canal, located along the southerly boundary of the Servient Tenement, (2) bounded on the east by the easterly line of the Servient Tenement; (3) bounded on the west by the westerly line of the Servient Tenement, and (4) bounded on the south by the southerly boundary of the Servient Tenement; together with an easement of ingress and egress to and from such described easement, for personnel and equipment, across the remainder of the Servient Tenement; provided, however, that any private structures which exist as of the date of recordation of this easement which, in the judgment of Grantee, do not substantially adversely affect the physical integrity of the reclamation works are deemed to be permitted by Grantee.

Term

4. The easement granted in this Agreement shall be perpetual.

Nonexclusive Easement

Agreement Nonassignable

6. This Agreement shall not be assigned. Any purported assignment of this Agreement or of any interest in this Agreement shall be void and of no effect.

Attorneys’ Fees

Entire Agreement

8. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any EXHIBIT 1 467
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3 amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee.

Binding Effect

Executed on ___________, 2022.

GRANTOR
City of Stockton, a Municipal Corporation, dated _________, 2022 By:

CITY OF STOCKTON

GRANTEE
KEVIN M. KAUFFMAN
President
EXHIBIT 1 468
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4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

State of California )
County of ______________________)
On ____________________, before me, ______________________________________, a Notary Public, personally appeared KEVIN M. KAUFFMAN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
EXHIBIT 1 469
EXHIBIT 1 470
EXHIBIT 1 471
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City of Stockton
Legislation Text
File #: 22-0604, Version: 1

MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF STOCKTON AND THE STOCKTON POLICE MANAGEMENT ASSOCIATION, STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE UNIT, AND STOCKTON FIREFIGHTERS’ LOCAL 456 FIRE MANAGEMENT UNIT

RECOMMENDATION
It is recommended that the City Council adopt by resolution the attached successor Memoranda of Understanding (MOUs) effective July 1, 2022 through June 30, 2025 with the following groups:

1. Stockton Police Management Association (SPMA);

2. Stockton Firefighters’ Local 456 Fire Unit; and

3. Stockton Firefighters’ Local 456 Fire Management.

Summary
In March 2022, representatives of the City began meeting with the SPMA, Fire, and Fire Management Units to discuss successor MOUs. The aforementioned MOUs expire on June 30, 2022. On June 23, 2022, the City reached a tentative agreement on a successor MOU with SPMA, Fire, and Fire Management Units.

The successor MOU presented herein for the SPMA, and Fire Management Units includes a contract term of three (3) years; a 10% increase to base pay (comprised of a 2% COLA and an 8% Market Adjustment) effective the first full pay period following adoption but no earlier than July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023 plus a lump sum payment of $5,000 payable to all represented employees in paid status on January 1, 2024, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024; and an increase to the City’s health contribution effective the first full pay period following adoption.

The successor MOU presented herein for the Fire Unit includes a contract term of three (3) years; a

9.65% increase to base pay (comprised of a 2% COLA and a 7.65% Market Adjustment) effective the first full pay period following adoption but no earlier than July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023 plus a lump sum payment of $5,000 payable to all represented employees in paid status on January 1, 2024, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024; City of Stockton Page 1 of 7 Printed on 7/5/2022
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an increase to the City’s health contribution effective the first full pay period following adoption; and an update to the member’s overtime calculation to include vacation leave during a work period as “time worked.”
Although salary increases have been restructured to address market conditions, the overall level of increase is consistent with the City’s Long-Range Financial Plan (L-RFP). Additional compensation adjustments have been negotiated with the Units to remedy current recruitment and retention difficulties. All compensation increases have been included in an updated L-RFP as described below and long-term sustainability remains viable.

The City received notification on June 24, 2022 that the SPMA members ratified the successor MOU.

The successor MOU is attached in redlined format as Attachment A. The City received notification on June 27, 2022 that the Fire and Fire Management Units’ members ratified the successor MOUs. The successor MOUs are attached in redlined format as Attachments B and C respectively.

It is recommended that Council adopt by resolution the attached successor MOUs with the SPMA, Fire, and Fire Management Units effective July 1, 2022 through June 30, 2025. The proposed resolution authorizes the necessary FY 2022-23 budget amendment as outlined in Exhibit 4 of the Resolution.

DISCUSSION
Background
The City Council identified retention and recruitment of employees as a high priority and took action to set aside funds to address market conditions through the adoption of the General Fund Reserve Policy on March 29, 2016 and approval of one-time funding toward retention and recruitment. The ability to front-load the COLA with the contracts effective July 1, 2016 was due to one-time funding that was available.

In 2016, the City entered into 3 year contract terms with all 9 bargaining units and was able to provide market salary adjustments to address recruitment and retention. Additionally, a 6% COLA was front-loaded in year one of the contracts for each bargaining unit. The City re-set the City health insurance premium contribution to 90% of the low-cost Kaiser plan and allowed employees to begin electing vacation cash-out/sell-back.

In 2020, the City entered into a three (3) year contract term with SPMA, Fire, and Fire Management Unit wherein the bargaining unit members received a 4% COLA to base pay following adoption and a 2% COLA in the first full pay period following July 1, 2021. SPMA members in the classification of Police Captain and Police Lieutenant received a base pay salary adjustment of 1% following adoption and an additional 0.5% in the first full pay period following July 1, 2021. Fire and Fire Management Unit members received a base pay salary adjustment of 1% following adoption and a 0.41% was added to the suppression classifications on the salary schedule for the addition of the Birthday Holiday effective in the first full pay period following July 1, 2021. Additionally, the Units received a one-time lump sum payment of $1,650, a vacation cash-out option of 40 hours in years 2 and 3 of the contract, and an increase to the City’s health contribution effective the first full pay period following adoption.

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Present Situation
The City’s Long-Range Financial Plan (L-RFP) assumptions for employee compensation include 2% annual COLAs and 2% annual increases in the City’s health contribution. Prior to the start of labor negotiations, the City contracted with a compensation consultant to perform an updated market salary survey in 2022. Based on these findings, staff recommends market salary adjustments to classifications in this unit. Market salary adjustments are salary increases above the planned COLAs that are necessary to maintain compensation at levels competitive with similarly situated agencies.

Market adjustment costs are incorporated in the L-RFP.

The relevant amendments under the successor MOUs for SPMA, Fire, and Fire Management Units are summarized as follows:

1. MOU contract term for three (3) years effective July 1, 2022 through June 30, 2025 (SPMA MOU Section 19, Fire Unit MOU Section 19, and Fire Management MOU Section 19).

2. Lump Sum Payment. Employees in the respective bargaining units as of January 1, 2024, will receive a $5,000 lump sum non-pensionable bonus to be paid in January 2024 (SPMA MOU Section 15.1 (c), Fire Unit MOU Section 15.11, and Fire Management MOU Section 15.10).

3. City Health Contribution. 2% increase to City’s health insurance premium contribution effective upon the first full pay period following adoption of this agreement by City Council, and 2% each fiscal year thereafter with the last increase effective July 1, 2024 (SPMA MOU Section

14.1 (c), Fire Unit MOU Section 14.1 (c), and Fire Management MOU Section 14.1 (c)).

4. Amend the birthday holiday language to clarify that employees may take the holiday beginning on the day of the employee’s birthday (SPMA MOU Section 12.1 (b), Fire Unit MOU Section 12 (f), and Fire Management MOU Section 12 (f)).

5. Elimination of the Vacation Sellback provision allowing a vacation cash payment option/sellback of up to 40 hours of vacation. The provision has a sunset date for FY 2021-22 (SPMA MOU Section 9.1 (d), Fire Unit MOU Section 9.1 (f), and Fire Management MOU Section 9.1 (e)).

6. Update to state language regarding the mutual non-discrimination commitment (SPMA MOU Section 3, Fire Unit MOU Section 3.1, and Fire Management MOU Section 3.1).

7. Elimination of obsolete language, update to pronouns, and other language cleanup changes.

The relevant amendments under the successor MOUs for Fire and Fire Management Units are summarized as follows:

8. Retiree Medical Trust. New section provides for the City to facilitate payroll deductions into a retiree medical trust designated by IAFF Local 456 for benefit of its members (Fire Unit MOU, Section 14.4 and Fire Management MOU Section 14.4).

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deductions for the 12 months leading to their retirement date (Fire Unit MOU, Section 13.1 (d) and Fire Management MOU Section 13.1 (d)).

MOU specific amendments are summarized as follows:

SPMA Unit:

10.COLA and Market Adjustment. 10% increase to base pay (comprised of a 2% COLA and an 8% Market Adjustment) effective the first full pay period following adoption but no earlier than July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024 (SPMA MOU, Section 15.1(a)).

11.Salary Step Advancement. New section adds language memorializing the City’s current practice that unit members are required to serve six (6) months at each applicable salary step before advancing to the next (SPMA MOU Section 15.11).

Fire Unit:

12.COLA and Market Adjustment. 9.65% increase to base pay (comprised of a 2% COLA and a

7.65% Market Adjustment) effective the first full pay period following adoption but no earlier than July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024 (Fire Unit MOU, Section 15.9(a)).

13.Overtime Calculation. New section that provides for the inclusion of vacation leave during a work period as “time worked” for purposes of calculating overtime (Fire Unit MOU, Section

11.1(f)).

Fire Management Unit:

14.COLA and Market Adjustment. 10% increase to base pay (comprised of a 2% COLA and an 8% Market Adjustment) effective the first full pay period following adoption but no earlier than July 1, 2022, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2023, a 3% increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment) effective July 1, 2024 (Fire Management MOU, Section 15.8 (a)).

FINANCIAL SUMMARY

BASE PAY INCREASE
The total three-year cost for the COLA and Market Adjustment increases to base pay for the 210 employees in SPMA, Fire, and Fire Management is $19,412,168 of which $16,940,310 is a General Fund cost. The table below shows the base wage increase cost for the 3 years based on a July 1, 2022 implementation. Funding for an annual 2% COLA for the term of the contract was planned in the L-RFP. The market adjustments were not included in previous L-RFP projections.

Bargaining Unit # of Positions FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit 181 $ 3,783,354 $ 5,086,463 $ 6,438,641 $ 15,308,458 Fire Management Unit 9 $ 289,006 $ 385,433 $ 485,537 $ 1,159,976 SPMA 21 $ 733,308 $ 978,103 $ 1,232,323 $ 2,943,734
TOTAL 211 $ 4,805,668 $ 6,449,999 $ 8,156,501 $ 19,412,168

COLA AND MARKET INCREASES
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Bargaining Unit # of Positions FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit 181 $ 3,783,354 $ 5,086,463 $ 6,438,641 $ 15,308,458 Fire Management Unit 9 $ 289,006 $ 385,433 $ 485,537 $ 1,159,976 SPMA 21 $ 733,308 $ 978,103 $ 1,232,323 $ 2,943,734
TOTAL 211 $ 4,805,668 $ 6,449,999 $ 8,156,501 $ 19,412,168

COLA AND MARKET INCREASES

HEALTH CONTRIBUTION INCREASES
The cost for the health contribution increases based on a July 1, 2022 implementation is $417,960 of which $363,928 is a General Fund cost. The ongoing cost will be absorbed in the operating funds, including the General Fund.

Bargaining Unit # of Positions FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit 181 $ 55,712 $ 115,982 $ 175,718 $ 347,412
Fire Management Unit 9 $ 3,568 $ 7,208 $ 10,920 $ 21,696 SPMA 21 $ 6,552 $ 16,819 $ 25,481 $ 48,852
TOTAL 211 $ 65,832 $ 140,009 $ 212,119 $ 417,960

HEALTH CONTRIBUTION INCREASES

LUMP SUM PAYMENT
The cost to pay SPMA, Fire, and Fire Management Unit employees a lump sum payment of $5,000 is $1,112,521 of which $963,005 is a General Fund cost.

Bargaining Unit FY 2023-24 General Fund
Fire Unit $ 942,548 $ 799,846
Fire Management Unit $ 51,102 $ 44,288
SPMA $ 118,871 $ 118,871
TOTAL $ 1,112,521 $ 963,005
ONE-TIME LUMP SUM $5,000 PAYMENT

FIRE UNIT OVERTIME CALCULATION
The cost of counting vacation leave during a work period as “time worked” for purposes of calculating overtime for the Fire Unit based on a July 1, 2022 implementation is $521,409 of which $447,018 is a General Fund cost.

Bargaining Unit FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit $ 145,525 $ 149,890 $ 154,387 $ 449,802
Fire Management Unit $ 23,167 $ 23,862 $ 24,578 $ 71,607 TOTAL $ 168,692 $ 173,752 $ 178,965 $ 521,409

ANNUAL LEAVE COUNTS AS TIME WORKED
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Bargaining Unit FY 2022-23 FY 2023-24 FY 2024-25 3 Year Total Fire Unit $ 145,525 $ 149,890 $ 154,387 $ 449,802
Fire Management Unit $ 23,167 $ 23,862 $ 24,578 $ 71,607 TOTAL $ 168,692 $ 173,752 $ 178,965 $ 521,409

ANNUAL LEAVE COUNTS AS TIME WORKED
All of these recommended compensation changes except the one-time lump sum payment are ongoing costs to the City and should be sustainable in the long-term.

The total three-year cost of the successor Memoranda of Understanding (MOU) for the three units is $21,392,656 based on a July 1, 2022 implementation. The FY 2022-23 Annual Budget adopted by Council on June 21, 2022 must be amended to accommodate the increases in employee compensation. With an effective date of July 1, 2022, the total FY 2022-23 cost of compensation changes are $5,017,091 with 87% attributable to the General Fund. The FY 2022-23 cost will be slightly lower if implemented in a later pay period. The recommended budget amendment needed to implement the three MOUs will increase the General Fund budget by $4.3 million from the fund balance. Future year salary and benefit increases will be incorporated into the annual budget development process.

To make this affordable in the long term, some of the assumptions in the City’s Long-Range Financial Plan need to be adjusted. The revised L-RFP graph incorporates the employee compensation increases identified in this staff report and the offsetting assumption changes leaving similar annual fund balances to the previous version of the chart provided on June 21, 2022.

Below is a summary of the revised assumptions:

1. Projected year-end savings of $12 million was factored in to offset the cost of front loading the salary increases into the first year. At the close of the FY 2021-22 fiscal year, these funds will not be available to spend and will need to be reserved for future year expenses.

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2. Future year (FY 2023-24 and beyond) staffing, capital spending, and expenditure growth was reduced below levels presented in the L-RFP during the review of the FY 2022-23 budget.

These future spending amounts are all the same or greater than amounts assumed in the November 2021 version of the L-RFP.

3. Adjust the assumed vacancy savings from 5% in FY 2022-23 reducing to 3% over 7 years to 8% in FY 2022-23 reducing to 3.5% over 5 years. This assumption change impacts FY 2022- 23 and requires an additional budget amendment detailed in Exhibit 4. The General Fund budget is being reduced by an additional $3.6 million with the change in overall vacancy rate from 5% to 8%. Total vacancy savings budgeted in the General Fund for FY 2022-23 is $9.7 million. The assumed 8% rate has not been applied evenly across all departments. Based on current and historical vacancy data, the Police Department has a budgeted vacancy rate of 9% and the Fire Department has a budgeted vacancy rate of 6%.

Attachment A - SPMA MOU - Redline
Attachment B - Fire Unit MOU - Redline
Attachment C - Fire Management Unit MOU - Redline
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CITY OF STOCKTON

POLICE MANAGEMENT UNIT

MEMORANDUM OF UNDERSTANDING

PREAMBLE
The Stockton Police Management Association and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees employed in the representation unit identified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500-3511) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and employee benefit adjustments for the period commencing July 1, 20222019, through June 30, 20252022.

This agreement shall supersede all other existing agreements on thisthese matters set forth herein.

ATTACHMENT A 480

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 2

TABLE OF CONTENTS
Section 1. Recognition ................................................................................................. 3 Section 2. Union Rights.............................................................................................. 44 Section 3. Non-Discrimination .................................................................................... 87 Section 4. Probation................................................................................................... 98 Section 5. Layoff....................................................................................................... 109 Section 6. Reemployment ...................................................................................... 1312 Section 7. Discipline................................................................................................... 14 Section 8. Grievance Procedures............................................................................... 15 Section 9. Leaves....................................................................................................... 19 Section 10. Days and Hours of Work ........................................................................... 28 Section 11. Overtime.................................................................................................... 30 Section 12. Holidays..................................................................................................... 31 Section 13. Compensation and Allowances other than Base Salary........................ 3431 Section 14. Insurance Plans......................................................................................... 39 Section 15. Salary Plan............................................................................................ 4239 Section 16. Separability of Provisions .......................................................................... 45 Section 17. Practices and existing Memoranda of Understanding ............................... 45 Section 18. Scope of Agreement.................................................................................. 45 Section 19. Duration of Agreement .............................................................................. 45 Section 20. Maintenance of Operations ....................................................................... 46 Section 21. Bankruptcy ................................................................................................ 47 APPENDIX A. COLA and Market Adjustments ............................................................ 47 ATTACHMENT A 481

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 3
Section 1. Recognition

1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereinafter referred to as the "City" in employer-employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 Association Recognition
The Stockton Police Management Association, hereinafter referred to as the "Association" is the recognized employee organization for the Police Service Management Unit, certified pursuant to Resolution No. 38,738, adopted by the City Council on November 23, 1981.

1.3 Reopener
The Association agrees to meet at the City’s request for the purpose of meeting and conferring on any changes that would be a mandatory subject of bargaining that may result from any City proposal on organizational, operational, or staffing changes that are a result of efficiency measures during the term of this agreement.

ATTACHMENT A 482

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 4
SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union membership dues deductions.
(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866, the City will deduct the monthly Union membership dues, initiation fees, general assessments, and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) 1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) 2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) 3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) 4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) 5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) 6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) 7. Deduction notification will be provided to
[email protected].

8. Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January ATTACHMENT A 483

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 5
15th, the deductions will be effective no later than the first full pay period in March. The parties

(8) recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
(c) Hold Harmless Provision.
(c) The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
The Association shall be allowed by the City department in which it represents employees' use of space on available bulletin boards for communications having to do with official Association business, such as times and places of meetings, provided such use does not interfere with the needs of the department.

Any representative of the Association shall give notice to the department head or his/hertheir designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Association business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Police Chief and, when made, shall continue until revoked by the Chief.

City buildings and other facilities may be made available for use by City employees or the Association or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.

Members of the Association are prohibited from using City equipment and/or time for their own personal use.

2.3 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if affected by any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be ATTACHMENT A 484

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TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 6
adopted by the City and shall be given the opportunity to negotiate, if requested, with the designated management representatives prior to the adoption.

In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter, the Association shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representative designated by the City Manager.

2.4 Attendance at Meetings by Employees
Release Time Related to Meet and Confer. City employees who are official representatives of the Association shall be given reasonable time off with pay, in accordance with MMBA, to attend meetings with City Management representatives where matters within the scope of representation or grievances related to this unit are being considered.

The use of release time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives shall request an excused absence, prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for release time shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements (a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system (currently HTE)::
(1) 1. Name;
(2) 2. Job title;
(3) 3. Department;
(4) 4. Work location;
(5) 5. Personal cellular telephone numbers, including work and home;
(6) 6. Personal email addresses as provided by new hire employee; and
(7) 7. Home address.

ATTACHMENT A 485

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 7
The above information shall be updated and provided to the Union at least every 120 days for all bargaining unit members.

ATTACHMENT A 486

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 8
SECTION 3. NON-DISCRIMINATION
The City and the Association agree that there shall be no discrimination of any kind against any employee or applicant for employment because of age (over 40), race, color, religion (creed), national origin (ancestry), military or veterans status, physical orand mental disability, medical condition, genetic information, marital status, sexual orientation, sex (sexual, gender based including, pregnancy,/ childbirth, breastfeeding or related medical conditions), gender identity/expression, political affiliation, legitimate Association activity, or any other protected trait as determined by federal, state and/or local law.

The Association shall cooperate with the City to achieve the objectives of Equal Employment Opportunity as defined by Federal and State regulations.

ATTACHMENT A 487

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TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 9
SECTION 4. PROBATION

4.1 Promotional Appointments
Promotional appointments in this Unit, except Deputy Chief of Police, shall be subject to a probationary period of twelve (12) months. The probationary period for police promotional positions shall not be extended.

4.2 Probationer Advanced to Higher Rank
Any promotional probationary Police Management employee who is advanced to a higher classification, or is appointed to the rank of Chief of Police or Deputy Chief of Police, shall receive credit towards theirhis promotional probationary period for the lower rank while serving in the higher probationary or appointive rank.

4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with the Director of Human Resources a statement in writing to such effective and stating that the retention of such employee in the service is desired.

During the probationary period, an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which he/she wasthey were promoted unless charges are filed and he/she isthey are discharged in the manner provided in the City Charter XXXII, section 9, Civil Service Ordinance and Civil Service Rules.

ATTACHMENT A 488

POLICE MANAGEMENT UNIT SUCCESSOR MOU
TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 10
SECTION 5. LAYOFF

5.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.

5.2 Layoff Scope
(a) (a) Layoffs shall be within departments of the City. (b) (b) The departments of the City are defined as follows:
(1) (1) Administrative Services
(2) (2) City Attorney
(3) (3) City Auditor
(4) (4) City Clerk
(5) (5) City Manager
(6) (6) Community Development
(7) (7) Community Services
(8) (8) Economic Development
(9) (9) Fire
(10) (10) Human Resources
(11) (11) Information Technology
(12) (12) Municipal Utilities
(13) (13) Police
(14) (14) Public Works

5.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.4 Precedence by Employment Status
No permanent regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such permanent regular status employee.

The order of layoff among employees not having permanent regular status shall be according to the following categories:

ATTACHMENT A 489

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TERM: July 1, 202219 – June 30, 20252
CITY OF STOCKTON 11
(a) (a) eExtra help (c) temporary
(b) (b) pProvisional (d) probationary
(c) Temporary
(d) Probationary
Layoffs shall be by job classification according to continuous service in class, plus all higher classes, except as specified above. For the purpose of this procedure, part-time classes shall be considered as separate from regular full-time classes.

The following provisions shall apply in computing total continuous service:
(a) (a) Time spent on military leave shall count as service in the event the leave was taken subsequent to entry in the department.
(b) (b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service. (c) (c) Time worked in a permanentregular or probationary status shall count as service.

If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees’ were subsequently hired.

5.5 Employee Options
Employees laid off shall have any of the following choices:
(a) (a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least seniority in that classification. This option shall be exercised before any other option.
(b) (b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee who has the least seniority in that classification. Employees who exercise this option shall be placed on an eligibility list for reinstatement to the higher classification for a period of five (5) years. Ranking on the reinstatement list shall be by the employee's seniority in the higher classification. All employees on the list, who are still employed by the City ATTACHMENT A 490

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of Stockton, shall be reinstated to the higher classification before any new promotions can be made to that classification.

If the change as listed above requires Civil Service approval, the Association and
the City agrees to not object to this change in the duration of the reemployment list.
(1) If the employee is in a probationary status in the higher classification, the probationary status shall resume upon reinstatement with full credit for previous time served in that classification.

5.6 Health and Welfare Benefits During Layoff
Permanent Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty-six (36) months (the thirty-six (36) months runs concurrently with any COBRA benefits) from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.

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SECTION 6. REEMPLOYMENT

6.1 Reemployment
When an employee with in the classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily and whose position is abolished, is laid off due to lack of funds or on an authorized leave of absence and is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list as follows:
(a) (a) Except as otherwise provided in subsection (b) below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment within two (2) years thereafter when vacancies occur.
(b) (b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for in subsection (a), above, and remain on the list either until the employee is appointed to the position or the employee declines appointment to the position. The reemployment rights granted by this subsection are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff.

The reemployment list for any class shall be established by a Civil Service resolution as needed.

In filling vacancies, eligibles on the reemployment lists take precedence over eligibles on any other list for the same rank in the department for which the lists apply.

An employee who waives reemployment to a full time position three (3) times shall have his/hertheir name removed from this reemployment list unless mutually agreed to by the Department and employee.

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SECTION 7. DISCIPLINE
Disciplinary action, including discharge, suspension, reduction in pay, demotion, or other employment penalty may be taken against any employee for cause.

The appointing authority may discharge, suspend, or demote any employee in the classified service provided the City Charter provisions and the Rules and Regulations of the Civil Service Commission and any applicable provisions of law are followed. Such provisions allow the employee suspended, demoted, or discharged to appeal such action.

The employee may take any one (1) of the following actions:
(a) (a) File no appeal.
(b) (b) File an appeal with the Civil Service Commission within ten (10) working days of written notification of the action. (Such filing will foreclose use of the grievance procedure).
(c) (c) File a grievance as provided for in Section 8.5 within ten (10) working days of written notification of the action.

If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.

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SECTION 8. GRIEVANCE PROCEDURES

8.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations, and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations, and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process.

8.2 Filing Deadline
No grievance involving demotion, suspension, discharge, or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) calendar days from the time the employee knew or had reason to know of the facts giving rise to the grievance.

8.3 Grievance Processing
(a) (a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within ten (10) working days from the day of presentation or if the employee elects to submit the grievance directly to the Association recognized as the representative of that employee's classification, the procedures hereinafter specified may be invoked.
(b) (b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Steplevel one 1, then the employee may appeal the grievance to the Director of Human Resources within ten (10) working days of the receipt of written response at Steplevel one 1. Such appeal must state with particularity; 1) the specific policy, rule, or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Association may file and process grievance(s) on behalf of the specifically named employee.

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The Director of Human Resources shall have twenty (20) working days in which to investigate the issues and respond to the appeal. No grievance, except for the resolution of compensation complaints, may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph unless the Director of Human Resources fails to respond within the time limit. (c) (c) Step 3 - City Manager Review. Within ten (10) calendar days of the receipt of the level Step two (2) response, the grievance may be appealed to the City Manager or theirhis designee. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who shall not be the Director of Human Resources to investigate the merits of the complaint, to meet with the complainant, and, if the complainant is not the Association, to meet also with the officials of the Association, and to settle the grievance or to make recommendations to the City Manager. A written response to the appeal will be provided within thirty (30) calendar days of the date of appeal.
(d) (d) Step 4 - Arbitration. If the grievant or the Association is dissatisfied with the response at Step 3, or if the City Manager fails to respond within the time limit, the matter may, within ten (10) working days, be referred to an arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service. The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(e) (e) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.

8.4 Scope of Arbitration
No arbitrator shall entertain, hear, decide, or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in section 8.1.

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Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this section shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the Association.

8.5 Other Provisions
If the Director of Human Resources, in pursuance of the procedures outlined above, or the City Manager, in pursuance of the provisions outlined above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complained of, the arbitrator may not substitute his their judgment for the judgment of Management and if they he finds that the City had such right, theyhe may not order reinstatement and may not assess any penalty upon the City.

All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints, which allege the employee is not being compensated in accordance with the provisions of this Memorandum of Understanding, shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

The provisions of this Section shall not abridge any right to which an employee may be administered in a manner that would abrogate any power which, under the City Charter, may be within the sole province and discretion of the Civil Service Commission.

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All grievances of employees in the representation unit represented by the Association shall be processed under this section. If the City Charter requires that differing options be available to the employee, no action under paragraph (d) of subsection 8.3 above shall be taken unless it is determined that the employee is not availing himself/herselfthemselves of such option.

No action under paragraph (d) of subsection 8.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission, or if the complaint or grievance is pending before the Civil Service Commission.

If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Personnel ServicesHuman Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.

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SECTION 9. LEAVES

9.1 Vacation
(a) (a) Vacation Allowance. Effective July 1, 2012, aAll employees in this unit shall accrue vacation leave with pay in accordance with the following schedule (employees shall accrue vacation leave on a twice monthly basis):

Less than 1½-1/2 years continuous employment ................ 120 hours/year After 1½-1/2 years up to 7 1/2 years... ……………………… 148 hours/year After 7½-1/2 years up to 15 years....................................... 188 hours/year After 15 years up to 25 years.............................................. 229 hours/year Seven (7) additional hours hence for each completed year of service in excess of twenty-five (25) years.
(b) (b) Vacation Carryover Allowance. Effective July 1, 2012, the following maximum vacation accruals shall take effect. Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception.

For employees who on July 1, 2012 have vacation balances that exceed their maximum shall have until June 30, 2013 to use sufficient vacation to get under the maximum allowed. If an employee does not reduce his/hertheir balance below the maximum by June 30, 2013, he/shethey shall retain their existing earned vacation, but shall not earn any additional vacation until they are under the maximum vacation accrual allowed.

The maximum number of vacation hours that employees on a 40 hour workweek shall accrue is as follows:

Under 1.5 years 200 hours

1.5 – 7.5 years 320 hours

7.5 – 15 years 360 hours
15 – 25 years 400 hours
25 years 408 hours
26 years 416 hours
27 years 424 hours
28 years plus 7 hours each additional year
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Employees reaching the maximum hours provided here shall stop accruing additional vacation hours until they are below the caps listed here. No vacation hours may be added to sick leave balances without exception. (cc) Vacation Allowance for Separated Employees.

An eligible employee separating from City service effective July 1, 2014 for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation shall be made at the final rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation. (d) Vacation Sellback.

Effective for fiscal year 2020/2021 and 2021/2022 only, an employee may elect to receive cash payment for up to a maximum of forty (40) hours of his/her accumulated vacation balance after the use of a vacation of forty (40) hours or more. Employee must maintain a minimum of forty (40) hours. This option may be exercised once per calendar year and employee must elect the amount of cash-out by December 31 for the preceding calendar year. The cash out election is irrevocable, and the City will follow IRS regulations regarding cash payment of leave.

9.2 Sick Leave
(a) (a) Accrual. All regular status employees, except provisional, temporary, and part-time employees, each shall accrue sick leave at the rate of eight (8) hours for full month of service. All regular status employees, except provisional, temporary, and part-time employees, working less than a full month shall accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee. (b) (b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of sick leave hours accrued.

An employee may use sick leave for preventive medical, dental, optical care, illness, injury, or exposure to contagious disease, which incapacitates him/herthem from performing his/hertheir duties. This includes disabilities ATTACHMENT A 499

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caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery therefrom.
(c) Family Sick Leave. Employees may utilize fifty percent (50%) of their annual
(c) accrued sick leave to attend to cases of illness or injury in the employee's immediate family, except in instances where the employee is on approved FMLA or CFRA leave.

For the purpose of this section, immediate family is defined as the employee's parents, spouse, registered domestic partner, mother-in-law, father-in-law, child,
stepchild, brother, sister, brother-in-law, sister-in-law, legal dependent, grandparent, and grandchild.
(d) (d) Procedures for Requesting and Approving Sick Leave. When the requirement for sick leave is known to the employee, in advance of theirhis absence, the employee shall request authorization for such sick leave from the department head prior to such absence. In all other instances, the employee shall notify theirhis supervisor as promptly as possible of theirhis absence.

Before an employee may be paid for the use of accrued sick leave, theyhe shall complete and submit to theirhis department head a signed statement, on a prescribed form, stating the dates and hours of absence, the exact reason, and such other
information as is necessary for theirhis request to be evaluated. If an employee does not return to work prior to the preparation of the payroll, other arrangements may be made with the approval of the department head.
(e) (e) Doctor's Certificate or Other Proof. If an employee's illness results in an absence from work for more than three (3) consecutive days, then a doctor's certificate or other reasonable proof of illness will be required by the department head.

The Police Chief may make such sick leave usage reviews and may require such physician's documentation, as they deem necessary to ensure proper use of the sick leave benefit. In addition, the City may monitor and control ATTACHMENT A 500

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the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification. (f) (f) Use of Sick Leave while on Vacation. An employee who is injured or who becomes ill while on vacation may be paid for sick leave in lieu of vacation provided that the employee:
(1) (1) was hospitalized during the period for which sick leave is claimed, or
(2) received medical treatment or diagnosis and presents a statement

(2) indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) (g) Payment for Unused Sick Leave for Unit Employees. Effective February 17, 2012, all sick leave shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave. Employees may be eligible to convert unused sick leave for CalPERS service credit at retirement based on the PERS contract provisions applicable to their employment.
(h) (h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired after the City amends its CalPERS contract to eliminate service credit for unused sick leave shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. AIf, after subtracting the equivalent of one full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to
(i) employees who have remained in City service until the dates specified:

1.(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;

2.(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on 2/16/12February 16, 2012 shall be paid at thirty-five percent (35%) of its cash value to separating employees between these dates; and
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3.(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on 2/16/12February 16, 2012 shall be paid at fifty percent (50%) of its cash value to separating employees after this date.

4.(4) Service credit for unused sick leave shall be in accordance with PERS regulations.

9.3 Other Leaves With Pay
(a) Bereavement Leave. In the event of a death in the immediate family of an employee, the employee shall, upon request, be granted up to three (3) days bereavement leave with pay without charge to his/herthe employee’s accumulated sick leave credits or vacation eligibility. The City Manager may grant an additional three (3)
(a) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave credits in cases where extensive travel time is required to attend the funeral. For the purposes of this section, immediate family is defined as the employee’s parents, spouse, registered domestic partner, mother-in-law, father-in-law, child, stepchild, brother, sister, brother-in-law, sister-in-law, grandparent, and grandchild.

In the event of the death of a person not immediately related to an employee as
defined above, the employee's department head may grant up to three (3) days bereavement leave upon request which shall be charged against the employee's accumulated sick leave credits.
(b) (b) Court Appearance. Upon approval by the department head, an employee, other than a provisional, part-time, or temporary employee, shall be permitted authorized absence from duty for appearance in court because of jury service, in obedience to subpoena or by direction of proper authority, in accordance with the following provisions:

Said absence from duty will be compensated for actual hours the employee serves on the jury or testifies as a witness in a criminal case, other than a defendant, including necessary travel time. As a condition of receiving such full pay, the employee must remit to the City, through the employee's department head, within fifteen (15) days after receipt all fees received except those specifically allowed for mileage and expenses. Jury duty or ATTACHMENT A 502

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witness duty appearances shall be considered in terms of actual hours spent from arrival time until the time released from Court. If an employee is not due to appear for jury duty or as a witness until afternoon court session, he/shethey will be expected to work theirhis usual morning schedule. If an employee is required to appear for morning court session and is released before noon and not required to return to court in the afternoon, he/she they shall work the remainder of his/hertheir usual afternoon schedule.

Said absence from duty will be without pay when the employee appears in private litigation to which the City of Stockton is not a party.

Any fees allowed, except for reimbursement of expenses incurred, shall be remitted to the City Treasurer through the employee's department.

Notwithstanding the foregoing, attendance in court in connection with an employee's official duties or oin behalf of the City of Stockton in connection with a case in which the City of Stockton is not a party, together with travel time
necessarily involved, shall not be considered absent from duty within the meaning of this Section.
(c) (c) Court Appearance Pay while in Off Duty Status. When an employee is required by proper authority to appear in court during off-duty hours, said employee shall receive compensation of three (3) hours at time and onehalf (1-1/2) or actual time worked at the appropriate rate, whichever is greater.
(d) Military Leave. An employee of the City who is a member of the National Guard or Naval Militia or a member of Reserve Corps or Force of the Federal
(d) Military, Naval or Marine Service and is ordered to duty shall be granted leave with pay while engaged therein, provided the leave does not exceed thirty (30) calendar days in any calendar year.

All regular status employees in the service of the City shall be allowed leave of absence without pay for the duration of a national emergency who have been inducted into the Army, Navy, Marine Corps, Air Force, or any other branch of the Military Service of the United States or the State of California.

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by the City Physician or other physician appointed to make a medical examination.

In the case of a probationary employee having served his their minimum probationary period of twelve (12) months at the time of induction, it shall be optional with the department head and the City Manager to grant regular status to said employee before induction.

All probationary employees inducted into the Military Service not having served the minimum probationary period of twelve (12) months, or having served the minimum probationary period of twelve (12) months but not having received regular status shall be allowed leave of absence without pay for the duration of a national emergency, but said employees shall be placed at the head of the eligible list for such position in the order of their seniority of employment and when appointed to a vacant position, they must be physically fit as above specified and shall serve the balance of their probationary period before attaining the status of a regular employee.

Two or more regular status employees granted military leave of absence without pay from the same position shall be reemployed according to their seniority of employment providing they are physically fit as above specified. (e) (e) Management Time Leave. The City shall provide forty (40) hours of paid-management time -leave each fiscal year. The time-management leave of forty (40) hours may not carry over from fiscal year to fiscal year, be used for sell-back purposes, or paid for any unused management leavetime upon separation of City employment.

9.4 Workers' Compensation Leave
Whenever any member of this unit, is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of theirhis duties, he/shethey shall become entitled, regardless of his/hertheir period of service with the City, to a leave of absence while so disabled without loss of salary, in lieu of temporary
disability payment, if any, which would be payable for the period of such disability but not exceeding one (1) year, or until such earlier date as he/she isthey are retired on permanent disability pension.

If injury is claimed to be job related, or a recurrence of a previous job- related sickness or injury, it must be verified with a written physician's statement, otherwise disability leave will not be allowed. Any absence not so approved will be charged ATTACHMENT A 504

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to sick leave if verification is not received.
(a) Forms and Procedures. Workers’ compensation processing shall be (a) consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work-related injury or illness shall immediately inform his/hertheir supervisor no matter how minor an on-the-job injury may appear. An employee who sustains a workrelated injury or illness is required to seek medical care at facilities designated by the City, unless they have filed a pre-designation of personal physician prior to sustaining the work-related injury or illness. The City shall furnish the association the appropriate form for distribution. For a list of City designated medical care facilities and/or physicians, please contact Human Resources.

9.5 Leaves of Absence
Employees shall not be entitled to leaves of absence as a matter of right, but only in accordance with the provisions of law and the City of Stockton Municipal Code.

Unless otherwise provided, the granting of a leave of absence also grants to the employee the right to return to a position in the same classification or equivalent classification, as the employee held at the time the leave was granted.

The granting of any leave of absence shall be based on the presumption that the employee intends to return to work upon the expiration of the leave.

All approval authority over leaves of absence exercised by the department head under this Section shall be subject to review by the City Manager, whose ruling shall be final. Employees on authorized leaves of absence without pay shall not be entitled to payment by the City of the premiums for their health and dental insurance, except as provided hereinafter.

The entitlement to City payment of premium shall end on the last day of the month in which the employee was paid except thoseat employees on an authorized leave of absence may continue enrollment in the City health and dental insurance plan by prepayment of the monthly premium during the authorized leave of absence.

Authorized absence without pay which exceeds thirty (30) consecutive calendar days, except military leave, shall not be included in determining salary adjustment rights, based on length of employment. Periods of time during which an employee is required to be absent from his/hertheir position by reason of an injury or disease for which he/she isthey are entitled to and currently receiving Workers' ATTACHMENT A 505

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Compensation benefits shall be included in computing length of service for the purpose of determining that employee's salary adjustments.

9.6 Leave of Absence Without Pay
(a) (a) Purpose and Length. Only employees occupying regular status positions on a permanent basis are eligible for leaves of absence without pay, under the provisions of this Section.

An appointing authority may grant leave of absence without pay for personal reasons, up to a maximum of twelve (12) months, with approval of the Director of Human Resources.

Leaves of absence without pay on account of illness or injury, which are not job incurred, may be granted for a maximum period of twelve (12) months with approval of the Director of Human Resources. This includes disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth, and recovery there from.

Such a leave will be granted only after all accrued sick leave credits have been used and shall be substantiated by a physician's statement. (b) Application for and Approval of Leaves of Absence Without Pay. In order to
(b) receive leave without pay, an employee must submit a request on the prescribed form to thehis department head and the City Manager, describing the reasons for the request and all other information required for the department head, or theirhis representative, to evaluate the request.

Leaves without pay may be canceled by the department at any time.

9.7 Absence Without Official Leave (AWOL)
(a) Refusal of Leave or Failure to Return After Leave. Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled by the department or City Manager, or at the expiration of a leave, shall be considered an absence without leave. (b) Voluntary Resignation. Any employee in this bargaining unit absent without leave for two (2) or more consecutive scheduled days or absent an aggregate of sixteen (16) hours in any calendar month without a satisfactory explanation as approved by the Human Resource DirectorDirector of Human Resources shall be deemed to have voluntarily resigned from the ATTACHMENT A 506

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City of Stockton except if the absence is due to a verified illness or injury.

SECTION 10. DAYS AND HOURS OF WORK

10.1 Workweek
The normal work week for Police Unit employees is defined as either the traditional work week consisting of 8 hours per day, 5 days per week; the alternate 9/80 work schedule consisting of 9- hour work days Monday through Thursday, an 8- hour workday on Friday with every other Friday off; or the 4/10 schedule consisting of 10 hour work days. Where operational requirements of a department require deviations from the present schedule, the Police Chief and/or City Manager may institute alternate work schedules, consistent with provisions of the State Law.

SPMA will meet and confer with the City on any proposed changes in work schedule.

10.2 Meal Periods
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Phase shift employees normally receive a onehalfone-half- (½1/2) hour meal with pay each day.

Other Police Service Management Unit employees will normally receive a one (1) hour meal period without pay.

10.3 Work Furloughs
The existing furlough hours will be placed in a furlough bank. The furlough bank may be carried over from one fiscal year to the next. There shall be no cash value provided for any furlough hours.

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SECTION 11. OVERTIME

11.1 Eligibility
Police Service Management employees shall not be eligible for overtime for extra hours worked to perform duties of their assigned positions with the following exceptions:
(a) (a) When assigned to cover the shift of another employee in a comparable position.
(b) (b) When assigned to work due to an emergency situation as required by their department.
(c) (c) When assigned to work on special projects, events, and/or critical incidents as required by the department.
(d) (d) For any hours worked as a result of exceptions (a) through (c), extra hours shall only be compensated at overtime rates if that employee works more than forty (40) hours within the same work week. It is understood that, notwithstanding the additional compensation provided under this section, all employees in the bargaining unit are FLSA exempt.
(e) (e) For the purposes of subsection (d), furlough hours taken, holiday hours taken, observed holidays when the City is closed, bereavement leave, jury duty leave, and sick leave, shall be considered as time worked. Vacation leave, or other time taken as compensated time off not specifically identified above shall not be considered as time worked.

11.2 Authorization
The Chief of Police must personally approve any overtime pay for Police Service Management Unit employees.

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SECTION 12. HOLIDAYS

12.1 Holidays Observed by the City
a.(a) Effective upon the first full pay period following ratification for this MOU Memorandum of Understanding by Stockton Police Management Association and approval by the City Council on its regular Agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday, unless otherwise provided in this Ssection. The City observes the following holidays on the dates indicated:
(1) (1) New Year’s Day ....................................................... (January 1) (2) (2) Martin Luther King’s Birthday............(Third Monday in January) (3) (3) Lincoln's Birthday....................... (Second Monday in February) (4) (4) Washington's Birthday ....................(Third Monday in February) (5) (5) Cesar Chavez’ Day..(March 31 - Floating for Non-Patrol Lieutenants)
(6) (6) Memorial Day...........................................(Last Monday in May) (7) (7) Independence Day..........................................................(July 4) (8) (8) Labor Day .....................................(First Monday in September) (9) (9) Columbus Day ..............................(Second Monday in October) (10) (10) Veteran's Day .................................................... (November 11) (11) (11) Thanksgiving............................ (Fourth Thursday in November) (12) (12) Day following Thanksgiving .......... (Fourth Friday in November) (13) (13) Christmas Day ................................................... (December 25) (14) (14) Birthday Holiday
b.(b) Birthday Holiday Leave. For positions that observe holidays, the department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, after beginning on the day of the employee’s birthday.
c.(c) For positions that observe holidays, the FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday until the actual holiday occurs (March 31).

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d.(d) For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the proceeding Friday shall be observed.

For employees in the Police Department on a ten (10) hour shift schedule, holidays that fall on Saturday or Sunday shall be observed on Saturday or Sunday respectively.

In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.

12.2 Holiday Compensation
(a) Captains.

Captains shall receive a five percent (5%) holiday in lieu add pay. This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays.

When the Ppolice Department Administrative offices are closed on a regularly scheduled work day, Captains shall use the appropriate number of hours from
their personal leave time to take the day off. However, at the sole discretion of the Chief or designee, Captains may be scheduled to work on a day when the Police Department Administrative offices are closed. In the event a Captain is scheduled to work on a day when the Police Department Administrative offices are closed, he or shethey will not be required to use vacation leave and will be paid for actual hours worked at straight time. (b) Non-Patrol Lieutenants.

Non-Patrol Lieutenants who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule, and observe City Holidays shall be entitled to take each holiday off with full pay for any one (1) holiday listed in 12.1 above. FLOATING holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday hours until the actual holiday occurs (March 31). (c) Patrol Assignments.

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(c) Police Lieutenants assigned to the traditional 10-plan Field Operations/Patrol shift schedule shall receive a five percent (5%) holiday in lieu add pay. If Police Lieutenants work on a holiday, actual hours worked will be paid at time and one half (1½) for the work shift.

These members who are permitted to take a holiday off that falls on a regularly schedule work day shall use appropriate leave hours equivalent to the number of hours of their scheduled shift.

ATTACHMENT A 512

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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Retirement Contribution Supplement

(a) Public Employees’ Retirement System (P.E.R.S.). For Classic Members, the City shall contribute an amount equal to nine percent (9.0%) of the employee's current base salary and other compensation as qualified by State law toward PERS benefits. Such amounts will be applied to the employee's individual account in accordance with Government Code section 20691.
(b) P.E.R.S Contribution. Classic Members shall continue to pay nine percent (9%) toward the employer contribution of PERS. This section shall not be construed to permit employees to receive a “double” EPMC benefit, as employees already receive the EPMC benefit pursuant to section 13.1(d).

Effective July 1, 2016, all employees (regardless of status under the PEPRA) shall pay an additional three percent (3%) toward the employer contribution of PERS. For example, Classic Members will pay a total of twelve percent (12%) (nine percent (9%) plus three percent (3%)). The parties recognize that this contribution satisfies the provision of California Government Code 20516.5(b).
(c) (c) As soon as practicable, the City will modify its contract with CalPERS to provide for a twelve percent (12.0%) additional Member Contribution over and above Normal Contribution for classic members and a three percent (3.0%) additional Member Contribution over and above Normal Contribution for PEPRA members. Upon completion of the contract amendment process (including employee vote), the additional payment in Section 13.1(b) shall cease.
(d) (d) Employer Paid Member Contribution Converted to Pay Rate During the Final Compensation Period. The City will make application to P.E.R.S. to ATTACHMENT A 513

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provide California Government Code section 20692 (Employer Paid Member Contributions Converted to Pay Rate during the Final Compensation Period) as an additional P.E.R.S. benefit, to be effective upon adoption by the Stockton City Council and the P.E.R.S. Administration Board. At the beginning of employee’s last year of employment, the employee will pay their employees’ nine percent (9%) benefit cost through an automatic payroll deduction. The City will increase the base salary for those employees by the same nine percent (9%) for the last twelve (12) months of employment. The Internal Revenue Service (IRS) Code 414H(2), whereby employee contributions shall be tax deferred (not subject to taxation until time of constructive receipt) will be concurrently implemented with P.E.R.S. California Government Code section 20692. (e) (e) Military Service Credit. The City will provide military service credit pursuant to the provisions of California Government Code section 21024, formerly Section 20930.3 at the employee's expense.
(f) (f) Credit for Unused Sick Leave. The City will provide P.E.R.S. California Government Code section 20965 (Credit for Unused Sick Leave) as added P.E.R.S. benefits.
(g) (g) Fourth Level of 1959 Survivor Benefits. The City will provides P.E.R.S.

California Government Code section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the added P.E.R.S. Administrative Board. (h) (h) Service Retirement Plan Formula for Employees Hired on or before July 1, 2012. The City’s service retirement contract with P.E.R.S. for safety members of this unit hired on or before July 1, 2012 is 3% at Age 50. (i) (i) Service Retirement Plan Formula for Unit Employees Hired on or after August 16, 2013. The City contracted with PERS to provide a new second tier retirement program for persons hired on or after August 16, 2013 and employees hired after that date will receive only those optional benefits as provided for in that tier. Such employees shall pay nine percent (9%) of the employees’ current base salary towards the employee’s contribution towards PERS and any other compensation as qualified by state law towards PERS retirement benefits through a payroll deduction. (j) (j) PERS Benefits for Employees hired on or after January 1, 2013. (1) Employees with Reciprocity.

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(1) Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered classic employees by PERS AB340, shall be subject to the PERS pension formula of 3% at 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%).
(2) Employees without Reciprocity.

Employees hired on or after January 1, 2013, shall be subject to the AB340

(2) PERS pension formula of 2.7% at 57 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% at 57 as determined by CalPERS.

13.2 Uniform Allowance
Effective July 1, 2016, employees in this unit shall receive as annual compensation, a uniform allowance in the amount of twelve hundred dollars ($1,200.00).

One-half (1/2) of the annual value of uniform allowance shall be paid to eligible employees during the months of April and October.

13.3 Mileage Reimbursement for Private Vehicle Use
For authorized use of a private vehicle an employee in this unit will be reimbursed for actual mileage at the current rate established for other employees.

13.4 Police Vehicles
Members of SPMA shall be assigned a police vehicle due to the need for emergency response and command status at all times. This vehicle shall be taken home at night, with the manager maintaining radio contact and monitoring radio traffic until parked. The take-home radius shall be the same distance as the ATTACHMENT A 515

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alternative work site radius (sixty (60) miles for out-of-town training) measured from the central point of the City.

13.5 Communication Devices
Members of SPMA shall be provided a communication device that will work as a cell phone, connect to the internet, and have the ability for two-way and group electronic communication with other police management, the communication center, and other emergency management personnel throughout the City in an appropriately encrypted manner.

13.6 Certificate Incentive Pay
(a) The City shall pay six percent (6.0%) of the top step in rank for employees who attain a P.O.S.T. Supervisory Certificate.
(a)
(b) The City shall pay an additional five percent (5.0%) for a total of eleven percent (11.0%) of top salary step in rank for employees who attain a P.O.S.T. Management Certificate or higher, upon completion of two (2) (b) continuous years of service in rank and upon completion of a management course.

13.7 Longevity Increment Pay

1.(a) Effective July 1, 2012, the longevity increment shall be effective the first pay period following the anniversary date of hire of the employee as follows:
(1) (a) The City shall pay three-quarters of one percent (.75%) of top salary step in rank for longevity pay, upon completion of twelve (12) years of continuous service as a public safety member of the Stockton Police Department.
(b) The City shall pay an additional one and three-quarters percent (2) (1.75%) for a total of two and one- half percent (2.5%), upon completion of eighteen (18) years of continuous service as a public safety member of the Stockton Police Department.
(3) (c) The City shall pay an additional two percent (2%) for a total of four and one-half percent (4.5%), upon completion of twentyfour (24) years of continuous service as a public safety member of the Stockton Police Department.

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(4) (d) Members of the bargaining unit promoting from the SPOA bargaining unit will be placed at the level of longevity appropriate to their years of service.
(5) (e) For the limited purpose of defining continuous service under this Section of the Memorandum of Understanding, continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw his or hertheir contribution from P.E.R.S.

13.8 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in this Memorandum of UnderstandingOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this Memorandum of UnderstandingOU is outside of the City’s control.

ATTACHMENT A 517

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SECTION 14. INSURANCE PLANS

14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).

14.1 Health Insurance and Related Benefits
(a) Health and Welfare Benefits. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any City sponsored health the plan that the City shall offer to regular status employees. Each plan shall offer an eEmployee only, eEmployee plus oOne (1) and eEmployee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees. (b) Eligibility. Employees shall become eligible for mMedical, dDental, and vVision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and his or hertheir dependent cannot be covered by more than one (1) City-offered health plan). (c) City Contribution Ttowards the Ccost of Iinsurance Pprograms. (1) Effective upon the first full pay period following ratification of this Memorandum of Understanding by the Union and approval by the City Council on its regular agenda in accordance with the Ralph M.

Brown Act but no earlier than July 1, 2022:
•a. The City shall contribute up to $697.00657.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
•b. The City shall contribute up to $1,265.001,192.00 per month toward the cost of the monthly premium for employee plus one ATTACHMENT A 518

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(1) dependent medical/dental/vision plan coverage.
c. The City shall contribute up to $1,685.001,588.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. •
(2) Effective July 1, 20232020, City shall contribute the following:
•a. The City shall contribute up to $711.00670.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
•b. The City shall contribute up to $1,290.001,216.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
•c. The City shall contribute up to $1,719.001,620.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. (3) Effective July 1, 20242021, City shall contribute the following:
•a. The City shall contribute up to $725.00683.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
•b. The City shall contribute up to $1,316.001,240.00 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
•c. The City shall contribute up to $1,753.001,652.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage. (4) These contributions are based on full-time employment; regular parttime employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, /vision, and /dental ATTACHMENT A 519

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to be pre-tax premium conversion.
(4)
(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical,/ vision, and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan.

Benefits in the Plan shall be in accordance with the Plan document. (e) The City will keep SPMA informed as to changes to actuarial methods employed by its actuary which materially affect the rates, and permit the opportunity for SPMA to discuss such changes. SPMA will meet and confer with the City mid-term regarding further plan changes.
(f) If legally permissible, the City agrees to make Medicare contributions for employees hired in 1985 to 1986 who are not currently covered by Medicare, provided that such payments shall be on a going forward basis only, and such unit members shall be required to pay the employee matching contribution to Medicare. To the extent legally permissible, Unit members may contribute to Medicare to purchase credit retroactively provided such unit members do so at their own expense, including both the employee and employer share. The City entered into a Section 218 Medicare-Only Agreement with the Social Security Administration for this purpose, with an effective date of August 1, 2014.

14.2 Life Insurance
Each employee in this unit will receive group life insurance coverage paid for by the City of Stockton equal to a value of fifty thousand dollars ($50,000). In addition, employees shall have the opportunity to purchase additional voluntary life insurance through their union or through the City’s IRS 125 plan vendor.

14.3 Long Term Disability Insurance
The City will contribute the existing premium amount, (currently $24.50 per month) for each employee in this unit to purchase long term disability benefits through their association.

ATTACHMENT A 520

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SECTION 15. SALARY PLAN

15.1 Salary
(a) Cost of Living Adjustment (COLA)
(1) Effective upon the first full pay period following approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act but no earlier than July 1, 2022, employees will receive a 4% COLA ten percent (10%) increase to base pay (comprised of a 2% COLA and a 8% Market Adjustment).
i.
(2) Effective July 1, 20232021, employees will receive a 2% COLA three percent (3%) increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment).
ii.
(3) Effective July 1, 2024, employees will receive a three percent (3%) increase to base pay (comprised of a 2% COLA and a 1% Market Adjustment). (b) Market Adjustment
i. Effective upon the first full pay period following approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees in the classification of Police Captain and Police Lieutenant will receive a market adjustment of 1%.
ii. Effective July 1, 2021, employees in the classification of Police Sergeant and Police Officer will receive a market adjustment of 0.5%. (c)(b) Lump Sum Payment
i. Each employee who we employed in the bargaining unit as of July 1, 2019 January 1, 2024 and remains employed as of the first full pay period following adoption by the City Council will receive a $1,650 5,000 lump sum non-pensionable bonus (subject to applicable withholdings) to be paid by the second scheduled payday in the same month.

15.2 Salary Equivalents
Any monthly, daily, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases only when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

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15.3 Salary Step After Military Leave
All employees who have been granted military leave, upon their return to the City service, are entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.

15.4 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.5 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one rank to a position in a higher rank and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher rank, that employee shall be entitled to a step in the salary range of the higher rank which is at least five percent (5%) above the employee’s current base salary, except that the next step shall not exceed the maximum salary of the higher rank. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.

When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the rank to which demoted.

15.6 Salary on Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, theirhis salary shall not be higher than theirhis salary at the time of theirhis separation unless there has been an increase within the salary range.

15.7 Acting Pay
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Any employee who is assigned, in writing, to work in a higher paid classification and who performs a majority of the duties of that higher position, shall receive the rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

15.8 Special Assignment Pay
The City Manager may approve additional compensation in an amount up to but not to exceed ninety percent (90%) of the department director’s head’s salary when an
employee is assigned, in writing, by the department director head and with the approval of the City Manager, to perform additional duties and responsibilities for the duration of the special assignment.

15.9 Management Incentive Pay – Special Assignment Differential Effective July 1, 2014, due to the unique nature of their job, non-patrol Lieutenants who are not assigned to the traditional 10- plan Field Operations/Patrol shift schedule, and are assigned to schedules that regularly observe holidays off shall receive a Management Incentive Pay/“Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.

Management Incentive Pay wWhile not all-inclusive, examples of these Lieutenant assignments where Management Incentive Pay would apply include non-patrol positions with the Professional Standards Section Commander, Chief of Staff to the Office of Chief of Police, Traffic Section Commander, Strategic Operations Section Commander, Crimes versus Person/Property Section Commander, Special Investigations Section Commander, Personnel Section Commander, Training Section Commander.

15.10 Bi-Weekly Pay Period
The City and the Association agree to move to bi-weekly pay as soon as it is administratively possible within the City. The parties understand that this may not be administratively possible until the City implements a new payroll system.

15.11 Salary Step Advancement
Unit members will be required to serve six (6) months at each applicable salary step before advancing to the next step.

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SECTION 16. SEPARABILITY OF PROVISIONS
In the event that any provisions of this Memorandum of Understanding are declared by the court of competent jurisdiction to be illegal or unenforceable, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 17. PRACTICES AND EXISTING MEMORANDA OF UNDERSTANDING Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

SECTION 18. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this Memorandum of Understanding, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of Understanding by mutual agreement.

SECTION 19. DURATION OF AGREEMENT
Upon its adoption by the Stockton City Council, this Memorandum of Understanding shall be effective as of the date of execution unless otherwise indicated herein, and shall remain in full force and effect up to and including the 30th day of June 20252022.

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SECTION 20. MAINTENANCE OF OPERATIONS
(a) (a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented thereby agrees to not cause, authorize, engage in, encourage, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) (b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action that it deems appropriate. (c) (c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action as it deems appropriate.
(d) (d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this Memorandum of Understanding.

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SECTION 21. BANKRUPTCY
Stockton Police Management Association (hereinafter “SPMA”), which is defined for the purposes of this section as including without limitation Stockton Police Management Association’s members, bargaining unit members, officials, attorneys, and affiliates,) agrees that this Memorandum of UnderstandingOU shall supersede the terms of all prior MemorandumOUs of Understanding, side letters, and any other agreements between the parties as to the subjects covered herein. SPMA further agrees that it has entered into this agreement voluntarily, and that it shall file no claims in the City’s bankruptcy case based upon the terms of any agreements that precede this Memorandum of UnderstandingOU, or based upon the negotiated terms of this agreement. Nothing herein shall limit claims based up violation of this agreement.

SPMA further agrees that it will not oppose the City’s eligibility for chapter 9 relief. SPMA agrees to support any plan of adjustment the provisions of which, as to SPMA, are consistent with this Memorandum of UnderstandingOU.

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APPENDIX A. COLA AND MARKET ADJUSTMENTS
Year 1- Effective the first full pay period following Council adoption but no earlier than July 1, 2022; Year 2- Effective 7/1/23;
Year 3- Effective 7/1/24
Steps
1 2 3 4 5 6
Police Captain 11,314.08 11,893.36 12,502.69 13,143.49 13,817.19 14,523.78 COLA and MA year 1 (10%) 1,131.41 1,189.34 1,250.27 1,314.35 1,381.72 1,452.38 Year 1 - Monthly Salary 12,445.49 13,082.70 13,752.96 14,457.84 15,198.91 15,976.15 COLA and MA year 2 (3%) 373.36 392.48 412.59 433.74 455.97 479.28 Year 2 - Monthly Salary 12,818.85 13,475.18 14,165.55 14,891.58 15,654.87 16,455.44 COLA and MA year 3 (3%) 384.57 404.26 424.97 446.75 469.65 493.66 Year 3 - Monthly Salary 13,203.42 13,879.43 14,590.52 15,338.33 16,124.52 16,949.10 Police Lieutenant 9,806.50 10,309.96 10,837.77 11,392.75 11,976.32 12,589.96 COLA and MA year 1 (10%) 980.65 1,031.00 1,083.78 1,139.27 1,197.63 1,259.00 Year 1 - Monthly Salary 10,787.15 11,340.95 11,921.55 12,532.02 13,173.96 13,848.95 COLA and MA year 2 (3%) 323.61 340.23 357.65 375.96 395.22 415.47 Year 2 - Monthly Salary 11,110.77 11,681.18 12,279.20 12,907.98 13,569.18 14,264.42 COLA and MA year 3 (3%) 333.32 350.44 368.38 387.24 407.08 427.93 Year 3 - Monthly Salary 11,444.09 12,031.61 12,647.57 13,295.22 13,976.25 14,692.35 ATTACHMENT A 527

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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on _____________, and by an affirmative vote of the Stockton City Council on _____________.The parties hereto have executed this Memorandum of Understanding this ____ day of ____________, 20222020.

Stockton Police Management Association City of Stockton ___________________________________ ___________________________________ Eric KaneTimothy Swails Harry Black
President City Manager
___________________________________ _______________________________ Kyle Pierce Timothy Swails Robert BonnerAllison U. Dichoso Vice President Director of Human Resources
Approved as to form: Approved as to form:

Goyette & Associates, Inc. John LuebberkeLori M. Asuncion, Acting City Attorney
By: By:

___________________________________ _______________________________ David SwimRafael Ruano Marci A. Arredondo
Labor Representative for Association Deputy City Attorney By:
_______________________________
Charles SakaiBurke Dunphy
Negotiator for the City
ATTEST:

ELIZA GARZA

CITY CLERK
_______________________________
ELIZA GARZAEliza Garza
City Clerk
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ATTACHMENT A 529

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CITY OF STOCKTON

FIRE UNIT

MEMORANDUM OF UNDERSTANDING
The Stockton Firefighters' Local 456, International Association of Firefighters and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees in the representation unit identified in Section 1 of this Memorandum of Understanding, have exchanged freely information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer employee relations of such employees.

This Memorandum of Understanding is entered into pursuant to the Meyers Milias Brown Act (Government Code sections 3500 3511) (“MMBA”) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the Stockton City Council as the joint recommendations of the undersigned regarding wages, hours, and other terms and conditions of employment for the period commencing July 1, 202219 and ending on June 30, 20252. This agreement shall supersede all other existing agreements on the matters set forth herein.

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Table of ContentsTABLE OF CONTENTS
SECTION 2. UNION RIGHTS ........................................................................................ 2

3.1 3.1 ...................................................................... Non-Discrimination/Equal Employment………………………………………………………………………………….. . 105

3.2 ........................................................................... Concerted Labor Activity …………………………………………………………………………………………………………
………... 105

4.1 Purpose ................................................................................................. 116

5.1 Layoff Scope .......................................................................................... 127

5.2 Notice of Layoff ...................................................................................... 127

5.3 Precedence By Employment Status ....................................................... 127

5.4 Employee Options .................................................................................. 138 ATTACHMENT B 531

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SECTION 7.

DISCIPLINE…………………………………………………………………….……………………
………………………………………………. .................................................................. 1510

78.4 Scope of Arbitration ................................................................................. 12

78.5 Other Provisions ...................................................................................... 12

9.4 Workers' Compensation Leave …………………………………………………….
26210
2 3
SECTION 10. DAYS AND HOURS OF WORK ......................................................... 3024

11.1 Fair Labor Standards Act (FLSA) Agreement ............................... 3125

11.2 Compensatory Time ...................................................................... 3327 SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE ............................................................................................................................ SALARY .................................................................................................................................. 3630 ATTACHMENT B 532

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13.2 PERS Benefits for Employees Hired On Or After 07/01/201112/29/2012 and Before
01/01/2013 .......................................................................................... 3731

13.3 PERS Benefits for Employees Hired On Or After 01/01/2013 ............. 3731

13.4 CertificationEducation Incentive Pay .................................................... 3732

13.5 HAZ/MAT Assignment ......................................................................... 3832

13.6 EMT Certification ................................................................................. 3832 3 33

13.9 Contagious Disease
………………………………………………………………… ......................................... 3934

13.10 ...................................................................................................................

Acting Pay .................................................................................................... 3934

13.11 .............................................................................................Call-Back Pay 363435

13.12 ........................................................................ Deputy Fire Marshal Series 4034
5 13.14 ............................................................................. Administrative Positions 35

13.15 Longevity Pay
………………………………………………………………………. ................................ 4135

13.16 Wellness-Fitness Program .................................................... 4135

13.17 17 CalPERS Reportability .............................................................. 4236

13.18 18 Lapse of Certification ................................................................. 4236 SECTION 14. INSURANCE PLANS .......................................................................... 4337

14.0 0 Reopener Clause For Health Insurance .................................... 4337

14.1 1 Health Insurance And Related Benefits ..................................... 4337

14.2 2 .........................................................................................Life Insurance 38 ATTACHMENT B 533

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14.3 3 .............................................................. Long Term Disability Insurance 395

14.4 Retiree Medical Trust .............................................................................. 39 0 15.1 1 ........................................................................................ Salary Ranges 444040

15.2 2 ...................................................................... Salary Upon Appointment 444040

15.3 3 ................................................................................. Salary Equivalents 444040

15.4 4 .............................................................. Salary Step Plan-Sworn Ranks 444040

15.5 5 ............................................................. Salary Step After Military Leave 464242

15.6 6 ....................................... Salary Step When Salary Range is Increased 464242

15.7 7 .............................................. Salary Step After Promotion or Demotion 464242

15.8 8 ........................................................................ Salary on Reinstatement 474343

15.9 9 ................................................................................ Salary Adjustments 474343

15.10 Bi-Weekly Pay Period
………………………………………………………………. ......................................... 49434

15.11 Lump Sum Payment ............................................................................. 44

15.11 Lump Sum Payment…………………………………………………………………. 49
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APPENDIX A. City Of Stockton's New Medical Response Squad ............................. 5247 APPENDIX B. COLA AND MARKET ADJUSTMENTS TABLE ........... 54 48 ATTACHMENT B 535

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SECTION 1. RECOGNITION

1.1 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Stockton, hereafter referred to as the "City," in employer employee relations as provided in Resolution No. 32,538, adopted by the City Council on August 4, 1975.

1.2 Union Recognition
The Stockton Firefighters' Local 456 (formerly Local 1229), International Association of Firefighters, hereafter referred to as the "Union," is the recognized employee organization for the Firefighters' Unit (“Fire Unit”), certified pursuant to Resolution No. 32,548, adopted by the City Council on August 11, 1975.

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SECTION 2. UNION RIGHTS

2.1 Union Membership Dues and Payroll Deductions
a.(a) In accordance with the Senate Bill (SB) 866, the parties agree to the following process for making, cancelling, or changing payroll deductions for Union Membership dues deductions.
b.(b) As certified in writing by the Union to the City in a manner consistent with the requirement of (SB) 866 the City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all bargaining unit employees, and pay such amounts to the union. (1) 1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
(2) 2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
(3) 3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
(4) 4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
(5) 5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
(6) 6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
(7) 7. Deduction notifications will be provided to
[email protected]. .
(8) 8. Changes and/or cancellations received by the City prior to the 15th of the month will be processed no later than the first pay period of the second month. Example: Union notifies the City on January 15th, the deductions will be effective no later than the first full pay ATTACHMENT B 537

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period in March. The parties recognize there is a lapse in time due to pay period processing constraints. The City will make every effort to process earlier if possible.
c.(c) Hold Harmless Provision. The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.

2.2 Use of City Facilities
a. The Union shall be allowed by the City department in which it represents employees use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfere with the needs of the department. b. Any representative of the Union shall give notice to the Fire Chief or the Fire Chief’s designated representative when contacting Department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other internal Union business shall be conducted during the non-duty hours of all employees concerned. Prearrangement for routine contact may be made with the Fire Chief or the Fire Chief’s designated representative and when made shall continue until revoked by the Fire Chief.
c. City buildings and other facilities may be made available for use by City employees and the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or department heads concerned.
d. Members of the Union are prohibited from using City equipment and/or time for their personal use.

2.3 Advance Notice
a. Except in cases of emergency, the Union shall be given reasonable advance written notice of the proposed change to any ordinance, resolution, rule, or regulation to be adopted by the City that relates to matters within the scope of representation and shall be given the opportunity to negotiate, if requested, with the management representatives designated by the City Manager.
b. In cases of emergency which constitute an imminent threat to the City’s financial and/or other resources, the City may immediately implement any emergency measures the City deems necessary to prevent the public business and/or the City’s operations from being financially or otherwise impaired and deal with the emergency ATTACHMENT B 538

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at hand. At the earliest practicable date thereafter, the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to the content of said notice with the management representatives designated by the City Manager.

2.4 Attendance at Meetings By Employees/Release Time
Release Time Related to Meet and Confer. City employees who are official representatives of the Union shall be given reasonable time off with pay, in accordance with the MMBA, to attend meetings with City management representatives where matters within the scope of representation or grievances related to this unit are being considered. The use of official release time for this purpose shall be reasonable and shall not interfere, as determined by the City, with the performance of City services. Such employee representatives shall request an excused absence, prior to the scheduled meeting, whenever possible. Except by mutual agreement, the number of employees excused for release time related to meeting with City management on meet and confer and grievance matters shall not exceed three (3) per recognized bargaining unit.

2.5 New Hire Employee Orientation and Information Requirements a.(a) In accordance with Assembly Bill (AB) 119, the City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system:. (currently HTE):
(1) 1. Name;
(2) 2. Job title;
(3) 3. Department;
(4) 4. Work location;
(5) 5. Personal cellular telephone numbers, including work and home; (6) 6. Personal email addresses as provided by new hire employee; and
(7) 7. Home address.

The above information shall be updated and provided to the Union at least every one-hundred and twenty (120) days for all bargaining unit members.

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SECTION 3. COMPLIANCE WITH LAWS

3.1 Non-Discrimination/Equal Employment
The City and the Union agree that there shall be no discrimination of any kind on the basis of age (over 40), race, creed, color, religion (creed), national origin (ancestry), military or veterans status, physical andor mental disability, medical condition, genetic information, marital status, sexual orientation, sex (sexual, gender based including, pregnancy, /childbirth), breastfeeding or related medical conditions), gender identity/expression, sexual orientation, political affiliation, legitimate Union activity, or on any other basis prohibited by applicable Ffederal and State law against any employee or applicant for employment. In addition, the Union shall cooperate with the City, to the extent authorized by Ffederal and State laws and regulations, in furthering the City’s objective of promoting equal employment opportunities.

3.2 Concerted Labor Activity
a.(a) Employees covered by this Memorandum of Understanding will have the right to join and to participate in the activities of the Union for purposes of representation under the MMBA, and will also have the right to refrain from participation of any such activities.
b.(b) Employees covered by this Memorandum of Understanding have the right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal for protected concerted labor activity, under the MMBA. c.(c) Peaceful Performance of MOUMemorandum of Understanding. Employees are free from participating in protected activities or refraining from protected activities. Employees covered in this Memorandum of UnderstandingOU shall not engage in concerted activity in violation of the MMBA.

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SECTION 4. PROBATION

4.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of the employee to his/hertheir position, and for eliminating any probationary employee whose performance does not meet the required standards of work.

4.2 Original Entrance Positions
All original entrance sworn positions shall be subject to a probationary period of eighteen (18) months. The probationary period for entrance sworn positions shall not be extended.

4.3 Retention/Rejection of Probationer
The Director of Human Resources shall notify the appointing authority at least four (4) weeks prior to the termination of any probationary period. At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee is desired. During the probationary period an employee may be rejected at any time by the appointing authority.

4.4 Promotional Positions
All promotional Fire Department appointments shall be subject to a probationary period of twelve (12) months. The probationary period for Fire Department promotional positions shall not be extended.

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SECTION 5. LAYOFF
Any employee may be laid off by the appointing authority in the event of the abolition of his/hertheir position by the City Council or if a shortage of work or funds requires a reduction in personnel. The appointing authority shall have the power to determine, after consideration of work requirements and the efficiency and conduct of individual employees and their length of service, the order in which employees shall be laid off.

5.1 Layoff Scope
a.(a) Layoffs shall be within departments of the City.
b.(b) The departments of the City are defined as follows:
(1) 1) Administrative Services Department
(2) 2) City Attorney
(3) 3) City Auditor
(4) 4) City Clerk
(5) 5) City Manager
(6) 6) Community Development Department
(7) 7) Community Services
(8) 8) Economic Development
(9) 9) Fire Department
(10) 10) Human Resources Department
(11) 11) Information Technology Department
(12) 12) Municipal Utilities Department
(13) 13) Police Department
(14) 14) Public Works Department

5.2 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.

5.3 Precedence by Employment Status
a. No permanent regular status employee shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such permanent regular status employee. The order of layoff among employees not having permanent regular status shall be according to the following categories, as listed in ascending order:
(1)(a) Extra Help
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(2)(b) Provisional
(3)(c) Temporary
(4)(d) Probationary
b. Layoffs shall be by job classification according to the length of time served in that class with the employee having the least amount of time served in the class to be laid off first. For the purpose of this procedure, part time classes shall be considered as separate from and shall be laid off prior to regular full time classes.

The following provisions shall apply in computing total continuous service:
(1)(a) Time spent on military leave shall count as service if the leave was taken subsequent to entry in the Department.
(2)(b) Time worked in an extra help, seasonal, provisional, temporary, grant, or other limited term status shall not count as service for any other class. (3)(c) Time worked in a permanent regular status or probationary status shall count as service time.
c. If two (2) or more employees have the same seniority, the order of seniority shall be determined by the employees’ examination results and ranking on the respective eligibility list upon which the employees were subsequently hired.

5.4 Employee Options
a. Employees laid off shall have the following choices:
(1)(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(2)(b) Taking a voluntary demotion within the department to a classification in which the employee had prior permanent regular status, thus displacing the employee working in that classification who has the least (total service) seniority.

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SECTION 6. REEMPLOYMENT
a. When an employee in thewith classified service whose performance evaluation conducted by the employing department reflects that the employee is performing duties satisfactorily is laid off due to lack of funds or their position is abolished or they are on an authorized leave of absence and are is ready to report for duty when a position is open, the Civil Service Commission shall cause the name of the employee in the appropriate class to be placed on the reemployment list.
b. As provided below, the Civil Service Commission shall cause the name of each employee laid off in accordance with these rules to be placed on the reemployment list for the appropriate class for reemployment thereafter when vacancies occur. (1)(a) Laid off employees who separate from City of Stockton employment will be placed on the reemployment list for two (2) years.
(2)(b) An employee who receives a notice of layoff and exercises the option to demote to a previously held lower classification shall be placed on the reemployment list for the position from which the employee demoted, as provided for above, and remain on the list as long as the employee remains an employee of the City or only for a period of two (2) years from the date of separation due to the layoff, whichever is longer, or until the employee declines appointment to the position. The reemployment rights granted by this subsection (b) are applicable only to employees who demote to a previously held lower classification after receiving a notice of layoff. c. The reemployment list for any class shall be established by a Civil Service resolution, as needed. The order in which names shall be placed on the reemployment list for any class shall be by seniority, which means “last laid off, first rehired.” An employee who waives reemployment three (3) times shall have his/hertheir name removed from the reemployment list, unless mutually agreed to by the Department and employee. d. If the above listed changes require Civil Service approval, the Association agrees to not object to the changes in duration of reemployment lists consistent with this section.

City Council and Concurrent AuthoritiesJuly 12, 2022

City Council and Concurrent Authorities
July 12, 2022