City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - - Revised
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
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 26, 2022 4:00 PM
** Second Revision**
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 22-0633 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(d) (1) of the Government Code to discuss matters
pertaining to existing litigation.
Department: City Attorney
3.2 22-0635 CONFERENCE WITH LABOR NEGOTIATOR
City of Stockton Page 1 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
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 22-0637 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Manager
This Closed Session is authorized pursuant to Government Code section 54957.
Department: City Attorney
3.4 22-0639 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.
Department: City Attorney
3.5 22-0641 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section 54957.
Department: City Attorney
3.6 22-0643 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(d)(2).
Department: City Attorney
3.7 22-0727 PUBLIC EMPLOYEE RECRUITMENT/APPOINTMENT:
City of Stockton Page 2 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957.
Department: Office of the Mayor
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
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 22-0687 ADOPT A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE JUNE 7, 2022, CITY OF STOCKTON, PRIMARY
MUNICIPAL ELECTION
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution accepting the results of the June 7, 2022, City of Stockton, Primary Municipal Election as certified by the San Joaquin County Registrar of Voters.
Department: City Clerk
Proposed Resolution - Certifying Election Results
Exhibit 1 - Primary Election Results Certification
Exhibit 2 - Precinct Results
Attachments:
12.2 22-0719 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meeting of May 24, 2022, June 14, 2022, June 21, 2022, the San Joaquin County Board of Supervisors and Special City Council Joint Meeting of May 24, 2022, and the Special City Council meeting June 15, 2022
City of Stockton Page 3 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Department: City Clerk
Attachment A – 2022-05-24 Minutes
Attachment B – 2022-06-14 Minutes
Attachment C – 2022-06-21 Minutes
Attachment D – 2022-05-24 Minutes – Joint Meeting
Attachment E – 2022-06-15 Minutes – Special
Attachments:
12.3 22-0720 ACCEPT COMMITTEE MINUTES FOR FILING
Recommended Action: RECOMMENDATION
Accept for filing minutes from the Mayor's Task Force for Person's with Disabilities meetings of April 15, 2022 and May 27, 2022 Department: City Clerk
Attachment A – 2022-04-15
Attachment B – 2022-05-27
Attachments:
12.4 22-0725 MOTION TO AUTHORIZE AN APPLICATION FOR A CALIFORNIA
VIOLENCE INTERVENTION AND PREVENTION GRANT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Ratify the City Manager's authorization to apply for a California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,019,656 and execute related documents.
2. Approve the use of $2,539,043 of in-kind funds to satisfy the 100 percent match requirement of the CalVIP Grant; and
3. Approve the list of community-based organizations and other agencies that volunteered to be sub-recipients of CalVIP Grant funds.
It is recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Final recommendations for appropriations will be presented to City Council if CalVIP grant funds are awarded.
Department: City Manager
Attachment A - Calvip Application
Attachment B - Proposed Budget & Narrative
Attachments:
12.5 22-0588 DESIGNATING VOTING DELEGATES FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD
SEPTEMBER 7-9, 2022
City of Stockton Page 4 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council, by resolution, designate two members to serve as voting delegates representing the City at the League of California Cities Annual Conference, to be held September 7-9, 2022, in Long Beach, California. One member will serve as the appointed voting delegate and one member as an alternate.
Department: City Manager
Attachment A - Voting Delegate Packet
Proposed Resolution
Attachments:
12.6 22-0618 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 11
(VILLAGE A) TRACT NO. 4075 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Cannery Park, Unit No. 11 (Village A), Tract No. 4075;
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 Cannery Park, Unit No. 11 (Village A), Tract No. 4075; 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 - Cannery Park Unit 11
Exhibit 1 - Cannery 11 (Village A) Map Agreement
Exhibit 2 - Cannery 11 (Village A) Map
Attachments:
12.7 22-0620 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 10
(VILLAGE B) TRACT NO. 4043 PROJECT
City of Stockton Page 5 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Cannery Park, Unit No. 10 (Village B), Tract No. 4043;
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 Cannery Park, Unit No. 10 (Village B), Tract No. 4043; 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 - Cannery Park Unit 10
Exhibit 1 - Cannery Park 10 (Village B) Map Agreement
Exhibit 2 - Cannery 10 Final Map
Attachments:
12.8 22-0622 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 12
(VILLAGE C) TRACT NO. 4076 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Cannery Park, Unit No. 12 (Village C), Tract No. 4076;
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 Cannery Park, Unit No. 12 (Village C), Tract No. 4076; 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 - Cannery Park Unit 12
Exhibit 1 - Cannery 12 (Village C) Map Agreement
Exhibit 2 - Cannery 12 (Village C) Map
Attachments:
12.9 22-0706 APPROVE MOTION TO AUTHORIZE THE VICTORY PARK PUBLIC
ART PROJECT
City of Stockton Page 6 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Mr. James Moore, of Stockton, CA, in the amount of $175,000 for the installation of Public Art at Victory Park.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Community Services
Attachment A - Victory Park Project Location
Attachment B - Contract with Mr. James Moore
Attachments:
12.10 22-0710 APPROVE A MOTION TO ENTER INTO A COOPERATIVE
AGREEMENT WITH DEMCO TO PURCHASE FURNITURE, FIXTURE,
& EQUIPMENT FOR THE NORTHEAST LIBRARY AND COMMUNITY
CENTER
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the use of a Cooperative Agreement through the National Cooperative Purchasing Alliance ("NCPA") Contract Number 07-24 with Demco, Inc. to acquire furniture, fixtures, and equipment for the new Northeast Library and Community Center.
2. Authorize the City Manager, or designee, to execute a multi-year Cooperative Purchasing Agreement, expiring October 31, 2023, in an amount not to exceed $301,784.29 with Demco, Inc. (Attachment A).
3. Approve findings that support and justify an exception to the competitive bidding process.
4. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Community Services
Attachment A - Agreement - Demco
Attachment B - Demco Design Package
Attachments:
12.11 22-0711 APPROVE A MOTION TO ENTER INTO A COOPERATIVE
AGREEMENT WITH SPACESAVER CORPORATION AND
AUTHORIZED DEALER SYSTEMS AND SPACE, INC. TO
PURCHASE LIBRARY SHELVING FOR THE NORTHEAST LIBRARY
City of Stockton Page 7 Printed on 7/22/2022
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the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
AND COMMUNITY CENTER
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the use of a Cooperative Purchasing Agreement through Sourcewell Contract Number 010920-SPC 24 to acquire and install library shelving for the Northeast Library and Community Center.
2. Authorize the City Manager, or designee, to execute a multi-year Cooperative Purchasing Agreement, expiring March 25, 2024, in an amount of $158,327 with Spacesaver Corporation and Authorized Dealer, Systems and Space, Inc. to purchase library shelving and shelving accessories. (Attachment A)
3. Approve findings that justify and support of an exception to the competitive bidding process.
4. Authorize the City Manager or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Community Services
Attachment A - Agreement - Spacesavers
Attachment B - Design
Attachments:
12.12 22-0584 ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH STEPHENS MARINE INC.
AT 4950 BUCKLEY COVE WAY
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Authorizing the City Manager, or designee, to execute a twenty-five (25) year lease with Stephens Marine, Inc. for property located at 4950 Buckley Cove Way (known as Riverpoint Landing Marina).
2. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of this Resolution.
Department: Economic Development
Attachment A - Vicinity Map - Riverpoint Landing
Attachment B - Original Lease C-74-12-27
Attachment C - First Amendment C-87-06-29
Attachment D - Second Amendment C-99-03-25
Attachment E - Third Amendment C-09
Proposed Resolution - Stephens Marine Inc. Lease
Exhibit 1 - New Lease
Attachments:
City of Stockton Page 8 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
12.13 22-0662 APPROVE MOTION TO ENTER INTO A CONTRACT WITH THE
UNITED WAY OF SAN JOAQUIN COUNTY TO BUILD CAPACITY
FOR NONPROFITS IN STOCKTON
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve and authorize the City to enter into a contract with the United Way of San Joaquin County in the amount of $727,000 for the purposes of providing capacity building programming to Stockton's nonprofit community; and
2. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Economic Development
Attachments: Attachment A - United Way Proposal
12.14 22-0192 RESOLUTION AUTHORIZING AN AGREEMENT WITH
FLASHPARKING, INC., TO PROVIDE A PARKING ACCESS AND
REVENUE CONTROL SYSTEM TO PARKING FACILITIES AND
INCREASE EXPENDITURE AUTHORITY WITH COMCAST INC. FOR
INTERNET SERVICES TO THE PARKING FACILITIES
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Authorizing an increase in expenditure authority, to a total estimated amount of $180,730 over a 36-month term, for Comcast business class internet service, construction, installation costs, and monthly recuring service charges, utilizing the City's CALNET NextGeneration contract with Comcast, approved by Council Motion 2021-06-22-1208.
2. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of this Resolution.
It is also recommended that the Board of the Parking Authority of the City of Stockton adopt a Resolution:
1. Authorizing the Executive Director, or designee, to execute an agreement with FlashParking, Inc. (FLASH) in the amount of $1,799,990 to provide a Parking Access and Revenue Control System (PARCS) to five (5) parking facilities located in downtown Stockton.
2. Authorizing the Executive Director, or designee, to take all appropriate actions to carry out the purpose and intent of this Resolution.
Department: Economic Development
City of Stockton Page 9 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Attachment A - Facilities Map
Attachment B - Resolution PFA 2019-12-17-1501
Attachment C - Council Motion 2021-06-1208
Proposed Resolution - Calnet Amendment
Proposed Resolution - Parcs
Exhibit 1 - FlashParking Contract
Attachments:
12.15 22-0626 APPROVE RESOLUTION OVERRULING PROTESTS, CONFIRMING
ASSESSMENT OF DELINQUENT CODE ENFORCEMENT
CHARGES, AND DIRECTING THE ASSESSMENTS BE PLACED ON
THE SAN JOAQUIN COUNTY TAX ASSESSOR’S ROLL
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution to:
1. Overrule protests;
2. Confirm the assessment of the delinquent charges listed in the "2022 NSS Assessment List - Delinquent Accounts" stemming from code enforcement actions against the affected properties; and
3. Direct the assessments to be placed on the San Joaquin County Tax Assessor's Roll.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Police
Attachment A - Administrative Order
Proposed Resolution - 2022 NSS Assessment
Exhibit 1 - 2022 NSS Assessment
Attachments:
12.16 22-0395 ADOPT RESOLUTION TO AUTHORIZE THE HOMELESS
EMPLOYMENT LITTER PROGRAM
City of Stockton Page 10 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
�
1. Award a three-year Service Contract, not to exceed the amount of $363,000 ($121,000 each fiscal year), to Ready to Work of Stockton, CA, for the Homeless Employment Litter Program, Project No. OM-22-013.
2. Authorize the City Manager to execute one optional two-year extension to this Service Contract, not to exceed the amount of $242,000 ($121,000 each fiscal year), for a total aggregate amount of $605,000.
3. Appropriate funds in the amount of $121,000 from the State Reimbursement revenue account and appropriate $121,000 for operating expenditures for each fiscal year of the Service Contract starting in Fiscal Year 2022-23 through Fiscal Year 2027-28.
4. 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 resolution.
Department: Public Works
Attachment A - Delegated Maintenance Agreement
Proposed Resolution
Exhibit 1 - Contract with Ready To Work
Attachments:
12.17 22-0406 ADOPT RESOLUTION TO AWARD SERVICE CONTRACTS FOR THE
DEBRIS REMOVAL AND PICKUP PROGRAM
City of Stockton Page 11 Printed on 7/22/2022
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the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Award multi-year Service Contracts through June 30, 2024, for Debris Removal and Pickup, Project No. OM-22-021, with the following community partners:
a. $403,000 with Stockton 209 Cares of Stockton, CA.
b. $234,000 with Ready to Work of Stockton, CA.
c. $384,000 with San Joaquin County Office of Education dba Greater Valley Conservation Corps of Stockton, CA.
2. Authorize the City Manager to execute up to two optional one-year extensions to each of these Service Contracts.
3. Authorize the continuation of appropriations from FY 2021-22 to be used in FY 2022-23 for the homeless clean-up program in Public Works' operating budget, not to exceed the amount of $170,000.
4. 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 resolution.
Department: Public Works
Proposed Resolution
Exhibit 1 - Service Contract with 209 Cares
Exhibit 2 - Service Contract with Ready To Work
Exhibit 3 - Service Contract with GVCC
Attachments:
12.18 22-0490 ADOPT RESOLUTION TO AUTHORIZE THE POLICE
HEADQUARTERS WOMEN’S LOCKER ROOM REMODEL PROJECT
City of Stockton Page 12 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the plans and specifications for the Police Headquarters Women's Locker Room Remodel, Project No. P015035-A.
2. Transfer funds in the amount of $77,254 from the Police Department General Fund Measure A to the Police Facility Improvements - Police Headquarters Women's Locker Room Remodel, Project No. P015035-A.
The transfer of General Fund dollars will be effective in FY 2021-22.
3. Award a Construction Contract in the amount of $430,000 to Stratus Construction Company of Stockton, CA, for the Police Headquarters Women's Locker Room Remodel, Project No. P015035-A.
4. Execute Amendment No. 4 to the Standard Agreement with Indigo, Hammond + Playle Architects, LLP to increase funding in the amount of $77,254 for design construction support services for the Police Headquarters Basement Remodel, Project No. P015035.
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 - Contract with Stratus Construction
Exhibit 2 - Amdt 4 - Indigo, Hammond - Playle
Attachments:
12.19 22-0505 ADOPT RESOLUTION TO AUTHORIZE THE CITY-COUNTY
COOPERATIVE AGREEMENT FOR THE PERSHING AVENUE
SIDEWALK GAP CLOSURE PROJECT
City of Stockton Page 13 Printed on 7/22/2022
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the Redevelopment Agency/Public
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Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE22-22 under the California Environmental Quality Act for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.
2. Approve the plans and specifications for the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.
3. Transfer funds in the amount of $400,000 from the Curb, Gutter, and Sidewalk Infill, Project No. WD18016, to the Pershing Avenue Sidewalk Gap Closure, Project No. WT23033.
4. Authorize the City Manager to execute a City-County Cooperative Agreement for the Pershing Avenue Sidewalk Gap Closure, Project No.
WT23033.
5. 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 resolution.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE22-22
Exhibit 2 - City County Coop - Project WT23033
Attachments:
12.20 22-0595 ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET
RESURFACING PROGRAM - SLURRY SEAL PROJECT
City of Stockton Page 14 Printed on 7/22/2022
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the Redevelopment Agency/Public
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Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE17-22 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No. WT22003.
2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No. WT22003.
3. Award a Construction Contract in the amount of $698,275 to Pavement Coatings Co. of Sacramento, CA, for the Local Street Resurfacing Program FY 2021-22 SB1 - Slurry Seal, Project No. WT22003.
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 - NOE17-22
Exhibit 2 - Construction Contract
Attachments:
12.21 22-0733 RATIFY APPOINTMENT TO PLANNING COMMISSION Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying an appointment to the Stockton Planning Commission to fill a vacated term representing Council District 1. The partial term will begin upon appointment and end January 31, 2023.
Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution - PC Appointment
Attachments:
Note: This item was added on 2022-07-21 by the Office of the City Clerk
12.22 22-0735 AMENDMENT TO THE PREVIOUSLY APPROVED MEMORANDA OF
UNDERSTANDINGS 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
City of Stockton Page 15 Printed on 7/22/2022
City Council/Successor Agency to July 26, 2022
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt by resolution the amended changes to the approved Memoranda of Understanding between the City of Stockton and the Stockton Police Management Association (SPMA), Stockton Firefighters' Local 456 Fire Unit, and Stockton Firefighters' Local 456 Fire Management Unit. The changes consist of making the City health contributions and the salary increases for all bargaining units effective July 1, 2022, rather than the previously approved date of July 16, 2022.
Department: Human Resources
Attachment A - SPMA MOU - Redline
Attachment B - Fire Unit MOU - Redline
Attachment C - Fire Management Unit MOU - Redline
Proposed Resolution
Exhibit 1 - SPMA MOU
Exhibit 2 - Fire Unit MOU
Exhibit 3 - Fire Management Unit MOU
Attachments:
Note: This item was added on 2022-07-22 by the Human Resources Department
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 22-0617 APPROVE A MOTION TO AWARD A PROFESSIONAL SERVICES
CONTRACT TO OPEN COUNTER ENTERPRISES INCORPORATED
FOR THE DECISION TREE/PERMIT DISCOVERY CUSTOMER
SERVICE PORTAL
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a motion to:
1. Approve entering into a contract to Open Counter Enterprises Incorporated ("Open Counter"), of Boston, Massachusetts to implement and maintain an online "decision tree"/"permit discovery" customer service portal for a total not-to-exceed amount of $636,938 for implementation and up to five (5) years of service; and
2. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process; and
3. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Community Development
City of Stockton Page 16 Printed on 7/22/2022
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the Redevelopment Agency/Public
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Authority Concurrent
Meeting Agenda - - Revised
Attachment A - One Page Strategic Plan
Attachment B - Professional Services Agreement
Attachment C - Open Counter Feature Summary
Attachment D - Search Methodology
Attachment E - Project Summary
Attachment F - Application Handoff
PPT - 15.1 - Decision Tree Software
Attachments:
15.2 22-0623 APPROVE MOTION TO EXECUTE A FIVE-YEAR AGREEMENT WITH AXON ENTERPRISES, INC. IN AN AMOUNT NOT TO EXCEED
$961,622 FOR THE POLICE DEPARTMENT’S TASER PROGRAM
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a five-year agreement with Axon Enterprises, Inc. for the Master Services and Purchasing Agreement.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachment A - Axon Enterprises Inc
PPT - 15.2 - Axon Taser
Attachments:
15.3 22-0672 APPROVE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
COMMUNITY MEDICAL CENTERS TO ESTABLISH OUTREACH,
CRISIS INTERVENTION AND SUPPORT FOR COMMUNITY
WELL-BEING WITH AMERICAN RESCUE PLAN ACT FUNDS
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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 Community Medical Centers of Stockton, CA in the Not-to-Exceed amount of $5,760,000 to develop and implement a crisis intervention response pilot program for three years with American Rescue Plan Act funds under Project MARP101.
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, or designee, be authorized to take appropriate actions to carry out the purpose and intent of this motion.
Department: City Manager
Attachment A - Professional Services Contract
PPT - 15.3 - Community Well-Being Crisis Intervention
Attachments:
15.4 22-0728 ACCEPT THE FISCAL YEAR 2021-22 THIRD QUARTER BUDGET
UPDATE AND APPROVE THE RECOMMENDED BUDGET
AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept this budget status report on the financial results for the Third Quarter of Fiscal Year (FY) 2021-22, and
2. Authorize the continuation of up to $5,639,795 in FY 2021-22 budget appropriations to FY 2022-23 for the completion of the identified programs.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
Attachment A - FY21-22 3rd Quarter Budget Update
Attachment B - Revenue Summary FY2021-22
Attachment C - Other Fund Summary FY 2021-22
Proposed Resolution - 3rd Quarter Budget Update
PPT - 15.4 - 3rd Quarter Budget Update
Attachments:
15.5 22-0553 ADOPT A RESOLUTION APPROVING THE 2022 AFFORDABLE
HOUSING LOAN PROGRAM ALLOCATION
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the following loans for seven (7) affordable housing developments, provided that, as a condition of funding, the borrower has demonstrated to the City Manager's, or designee's, satisfaction that project cash flow is forecasted to be positive for twenty years, that the annual net operating income will exceed debt service by 1.10, and that the funding commitments will expire after two years unless the project has commenced construction (excluding funding for pre-development expenditures):
a. $1,426,107 to Delta Community Developers Corp. (Housing Authority of the County of San Joaquin) for the 38-unit Sonora Square Apartment project;
b. $2,225,858 to Delta Community Developers Corp. (Housing Authority of the County of San Joaquin) for the 74-unit Sierra Vista Apartments Phase III project;
c. $600,000 to Visionary Home Builders for the 72-unit Casa de Mariposa project, with a maximum of 10% of City funding available for pre-development expenditures;
d. $2,227,632 to Delta Community Developers Corp. (Housing Authority of the County of San Joaquin) for the 51-unit Park Center Apartments project, with a maximum of 10% of City funding available for pre-development expenditures;
e. $2,242,609 to Service First of Northern California for the 105-unit Fontana Towers project, with a maximum of 10% of City funding available for pre-development expenditures;
f. $770,000 to Visionary Home Builders for the 75-unit Grand View Village Apartment project; and
g. $816,821 to the Central Valley Low Income Housing Corp. and Stocktonians Taking Action to Neutralize Drugs (STAND) for the 30-unit Shared Housing Infill Project for the Homeless, with a maximum of 10% of City funding available for pre-development expenditures.
2. Authorize the appropriation of $5.74 million of HOME-ARPA funds, $1,980,476 of HOME funds, $1,625,858 in PLHA funds, and $840,168 in HHAP2 fundsfor the purpose of funding housing loans for seven (7) development projects.
3. Authorize the reallocation of $396,000 in HOME funds and $119,916 of NSP funds that were previously awarded but not utilized for two projects and subsequently returned by Mutual Housing/APSARA and Visionary Home Builders, respectively.
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4. Authorize the City Manager, or designee, to reallocate awarded HOME and HOME-ARPA funding not expended within the required commitment period to eligible projects that can meet the HUD timeliness requirement.
5. Authorize the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of this resolution, including the execution of loan documents and the reallocation of funding sources.
Department: Economic Development
Attachment A - Vicinity Maps
Proposed Resolution - Stockton NOFA funding
Exhibit 1 - 2022 Affordable Housing Funding
PPT - 15.5 - 2022 Housing NOFA
Attachments:
16. HEARINGS**
16.1 22-0677 PUBLIC HEARING FOR APPROVAL OF THE RESOLUTION
ADOPTING THE REVISED EASTERN SAN JOAQUIN
GROUNDWATER SUBBASIN GROUNDWATER SUSTAINABILITY
PLAN
Recommended Action: RECOMMENDATION
It is recommended that the City Council, acting through its Groundwater Sustainability Agency, conduct a Public Hearing to accept and respond to public comment on the Revised Groundwater Sustainability Plan for the Eastern San Joaquin Subbasin. At the conclusion of the Public Hearing, it is recommended that the City Council approve a resolution to:
1. Approve and adopt the Revised Groundwater Sustainability Plan and Appendices for the Eastern San Joaquin Subbasin.
2. Authorize the Eastern San Joaquin Groundwater Authority, its consultants, and the Plan Manager to take such other actions as may be reasonably necessary to submit the Revised Groundwater Sustainability Plan to the Department of Water Resources by July 27, 2022 and implement the plan.
3. Authorize the Municipal Utilities Department to work in collaboration with other local agencies to implement the projects and programs developed in the Revised Groundwater Sustainability Plan in compliance with the Sustainable Groundwater Management Act.
It is recommended that the City Manager be authorized to take appropriate actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
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Attachment A - Eastern San Joaquin Consultation Letter
Attachment B - ESJ Revised GSP Appendices Final - Link
Attachment C - ESJ Amended GSP 90-Day Notice Final
Proposed Resolution
Exhibit 1 - ESJ Revised GSP Final
PPT - 16.1 - Groundwater Sustainability Plan
Attachments:
16.2 22-0583 PUBLIC HEARING TO APPROVE A RESOLUTION OVERRULING
PROTESTS, ADOPTING THE DELINQUENT UTILITY SERVICE
ASSESSMENT REPORT, AND DIRECTING THE ASSESSMENTS BE
PLACED ON THE SAN JOAQUIN COUNTY TREASURER-TAX
COLLECTOR’S TAX ROLL
Recommended Action: RECOMMENDATION
Conduct a public hearing to consider all objections or protests to the proposed Delinquent Utility Service Charges, 2022 Assessment Report ("2022 Assessment Report") for delinquent water, sewer, solid waste collection, and stormwater service charges ("utility service charges") incurred by property owners.
After the public hearing, if a majority protest does not exist, it is recommended that the City Council approve a resolution to:
1. Overrule all public protests;
2. Confirm the unpaid utility service charges set forth in the 2022 Assessment Report;
3. Adopt the 2022 Assessment Report;
4. Direct the assessments to be placed on the San Joaquin County Treasurer-Tax Collector's Tax Roll; and
5. Authorize the City Manager to take any necessary and appropriate actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
Attachment A - 2022 Assessment Report Order
Proposed Resolution - 2022 Assessment
Exhibit 1 - Assessment List 2022
PPT - 16.2 - 2022 Assessments
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
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19. ADJOURNMENT
INFORMATIONAL ITEMS
1. 22-0726 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
BudgetFinance 2021-12-08
Measure A 2021-11-17
Measure W 2021-09-07
Measure W 2021-06-09
Strong Communities 2022-09-22
Attachments:
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 22, 2022, in compliance with the Brown Act.
Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to three minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened. If a large number of people desire to speak at a Hearing, the Mayor/Chair may reduce the amount of time allocated to each speaker to three (3) minutes.
***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.
All proceedings before this meeting body are conducted in English. The City of Stockton does not furnish language interpreters and, if one is needed, it shall be the responsibility of the person needing one.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8459, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
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City of Stockton
Legislation Text
File #: 22-0687, Version: 1
ADOPT A RESOLUTION DECLARING AND CERTIFYING THE RESULTS OF THE JUNE 7, 2022,
CITY OF STOCKTON, PRIMARY MUNICIPAL ELECTION
RECOMMENDATION
It is recommended that the City Council adopt a resolution accepting the results of the June 7, 2022, City of Stockton, Primary Municipal Election as certified by the San Joaquin County Registrar of Voters.
Summary
The June 7, 2022, Primary Municipal Election included three seats on the City Council for Councilmembers representing Council Districts 1, 3, and 5. State of California Elections Code requires the elections official to certify the results of the election to the governing body. Having received the canvass of votes from the San Joaquin County Registrar of Voters, the results are being presented to the City Council for acceptance.
DISCUSSION
State of California Election Code Sections 10262 through 10264 require the fact of the election and a statement of the results, which shall include the following, to be entered into the record and adopted by resolution:
1. The total number of votes cast in the city;
2. The names of persons voted for;
3. The measure(s) voted upon;
4. The offices for which each candidate was voted;
5. The number of votes given at each precinct to each person and for and against each measure; and,
6. The number of votes given in the city to each person and for and against each measure.
At the November 8, 2016, election, the City Charter was amended to provide for district-only voting to elect Councilmembers. If a candidate receives the majority of the votes cast by the voters of the district at the primary election, that candidate shall be deemed elected as Councilmember from that district.
Present Situation
The total number of votes cast in the City of Stockton election was 18,224. The results of the June 7, 2022, Primary Municipal Election are shown in Exhibit 1 of the resolution.
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File #: 22-0687, Version: 1
No candidate in the race for Council District 1 received a majority of the votes cast. As such, Council District 1 candidates Sol Jobrack and Michele Padilla will advance to the General Municipal Election on the November 8, 2022.
Having received 68.21% of the votes for Councilmember in Council District 3, Michael Blower is deemed elected to a four-year term to begin January 1, 2023 and ending December 31, 2026.
Having received 70.55% of the votes for Councilmember in Council District 5, Brando Villapudua is deemed elected to a four-year term to begin January 1, 2023 and ending December 31, 2026.
The Certificate of Results and Precinct Results by Contest for the City of Stockton from the San Joaquin County Primary Municipal Election held on June 7, 2022 were prepared by the San Joaquin County Registrar of Voters and is attached as exhibits to the resolution presented for adoption. The entire Statement of Votes Cast for San Joaquin County will be on file in the City Clerk’s Office.
FINANCIAL SUMMARY
The financial impact of this action will reduce the overall election costs for the General Election.
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Resolution No.
STOCKTON CITY COUNCIL
______________________________________________________________________
RESOLUTION DECLARING ELECTION RESULTS OF THE CITY OF STOCKTON PRIMARY MUNICIPAL ELECTION OF JUNE 7, 2022
A Primary Municipal Election was consolidated with the State of California Primary Election held on June 7, 2022, pursuant to Stockton City Charter Article VII; and
The San Joaquin County Registrar of Voters ("Registrar") was authorized to canvass the returns of the election pursuant to an agreement between the City of Stockton and the County of San Joaquin entered into on March 1, 2022; and The Registrar has conducted the canvass and stated the results in the "Certificate of Results of the City of Stockton Municipal Election Held on June 7, 2022”; and
California Elections Code sections 10262, 10263, and 10264 require the adoption of a resolution reciting the fact of the election and a statement of the results; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The whole number of votes cast in the City of Stockton was 18,224 as confirmed by the Registrar.
2. The names of the persons voted for, the offices for which they were voted, and the total number of votes given in the City to each person are as set forth in the Certificate of Results prepared by the Registrar, dated July 1, 2022, attached hereto as Exhibit "1" and incorporated herein.
3. The number of votes given at each precinct to each person is as set forth in an excerpt from the Statement of Votes – Precinct Results by Contest prepared by the Registrar, dated July 6, 2022, attached hereto as Exhibit "2" and incorporated herein.
4. No candidate in the race for Council District 1 received a majority of the votes cast. As such, Council District 1 candidates Sol Jobrack and Michele Padilla will advance to the General Municipal Election on the November 8, 2022.
5. Michael Blower, having received 68.21% of votes for the office of Councilmember from District 3, is hereby declared elected for said district for a four-year term commencing January 1, 2023, and ending December 31, 2026.
6. Brando Villapudua, having received 70.55% of votes for the office of Councilmember from District 5, is hereby declared elected for said district for a four-year term commencing January 1, 2023, and ending December 31, 2026.
PASSED, APPROVED, and ADOPTED: July 26, 2022 .
________________________________
KEVIN J. LINCOLN, II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
7,618
City of Stockton
Legislation Text
File #: 22-0719, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meeting of May 24, 2022, June 14, 2022, June 21, 2022, the San Joaquin County Board of Supervisors and Special City Council Joint Meeting of May 24, 2022, and the Special City Council meeting June 15, 2022 Attachment A - 2022-05-24 Minutes
Attachment B - 2022-06-14 Minutes
Attachment C - 2022-06-21 Minutes
Attachment D - 2022-05-24 Minutes - Joint Meeting
Attachment E - 2022-06-15 Minutes - Special
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City of Stockton
Legislation Text
File #: 22-0720, Version: 1
ACCEPT COMMITTEE MINUTES FOR FILING
RECOMMENDATION
Accept for filing minutes from the Mayor’s Task Force for Person’s with Disabilities meetings of April 15, 2022 and May 27, 2022
Attachment A - 2022-04-15
Attachment B - 2022-05-27
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City of Stockton
Legislation Text
File #: 22-0725, Version: 1
MOTION TO AUTHORIZE AN APPLICATION FOR A CALIFORNIA VIOLENCE INTERVENTION
AND PREVENTION GRANT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Ratify the City Manager’s authorization to apply for a California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,019,656 and execute related documents.
2. Approve the use of $2,539,043 of in-kind funds to satisfy the 100 percent match requirement of the CalVIP Grant; and
3. Approve the list of community-based organizations and other agencies that volunteered to be sub-recipients of CalVIP Grant funds.
It is recommended that the motion authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution. Final recommendations for appropriations will be presented to City Council if CalVIP grant funds are awarded.
Summary
Approval of this motion would confirm the City submission of a California Violence Intervention and Prevention (CalVIP) Grant proposal package previously submitted on the application deadline on July 14, 2022 (Attachment A).
Administered by the California Board of State & Community Corrections (BSCC) grant, the State Legislature established the CalVIP grant in FY 2017-18. The purpose is to “Improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings and aggravated assaults.” Until FY 2017-18, eligibility for the CalVIP grant was open only to California cities. By law, cities were required to pass through a minimum of 50 percent of the funds to one or more community -based organizations (CBOs). With the FY 2017-18 Budget, eligibility was extended to include CBOs who can now apply directly for CalVIP funds.
The City applied for $2,019,656 in CalVIP grant funds for approximately a three-year term starting October 1, 2022, through December 31, 2025. If approved, the motion would authorize the previous submittal of an application with the City as the Lead Applicant. The application will define the Project Description and allow the City to enter into a letter agreement of commitment with partner organizations. The motion also approves the list of partners as sub-recipients of grant funds.
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File #: 22-0725, Version: 1
Participating community partners include Friends Outside, El Concilio (clinical support), Choices (client support group), San Joaquin County Public Health, San Joaquin County Office of Education, Be Smooth Inc (Clinical Support) Mora Learning Institute and UC Davis.
DISCUSSION
Background
The California Violence Intervention and Prevention (CalVIP) Grant Program was established through the Budget Act of 2019 (Assembly Bill 74, Chapter 23, Statutes of 2019) and appropriated $136,000,000 in funding for competitive awards to cities and community-based organizations to support evidence-based violence reduction initiatives.
On October 11, 2019, Governor Newsom signed Assembly Bill 1603 (Chapter 735, Statutes of 2019) - also known as the Break the Cycle of Violence Act - which adds Section 14130 to the California Penal Code, codifying the establishment of the CalVIP Grant and the authority and duties of BSCC in administering the program, including selection criteria for grants and reporting requirements to the Legislature.
The Break the Cycle of Violence Act specifies that the purpose of CalVIP is to “improve public health and safety by supporting effective violence reduction initiatives in communities that are disproportionately impacted by violence, particularly group-member involved homicides, shootings, and aggravated assaults.” CalVIP Grants shall be used to support, expand, and replicate evidencebased violence reduction initiatives, including but not limited to:
· hospital-based violence intervention programs,
· evidence-based street outreach programs, and
· focused deterrence strategies.
These initiatives should seek to interrupt cycles of violence and retaliation to reduce the incidence of homicides, shootings, and aggravated assaults. Further, these initiatives shall be primarily focused on providing violence intervention services to the small segment of the population that is identified as having the highest risk of perpetrating or being victimized by violence in the near future.
Present Situation
The City continues to work with community partners to develop a full application. Friends Outside, El Concilio, Choices, San Joaquin County Public Health, San Joaquin County Office of Education, Be Smooth Inc, Mora Learning Institute and UC Davis Crime will be sub-recipients of funds if awarded.
Each of these organizations is an integral entity on a proposed project or activity.
CalVIP Grant applications consist of four interconnected components: description of community need, project description, organizational capacity and coordination, and project evaluation and monitoring.
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File #: 22-0725, Version: 1
Description of Community Need
Based on the above, OVP’s strategy is to focus on individuals who are at enormous risk of violence and incarceration, have a personal history deeply marked by trauma, and struggle daily with poverty; and second, the City’s long history of serious violence suggests that a robust, relentless response is needed to provide young people at highest risk of violence with credible pathways to safety and opportunity.
Project Description
The City of Stockton seeks to reduce violence citywide while also minimizing incarceration and promoting opportunity for young people at highest risk of violence. Stockton's Operation Ceasefire has produced a multi-year community-wide reduction in gun and gang violence. These reduction strategies utilize credible messengers, focused deterrence, intensive case management, and wraparound services, all of which address the needs of those at highest risk of becoming a perpetrator or victim of gun violence. The Office of Violence Prevention (OVP) proposes to build on these successes by:
1. Expanding Ceasefire strategies to high-risk youth between the ages of 12 and 17.
2. Strengthening and enhancing OVP strategies by creating an integrated citywide youth prevention steering committee focused on addressing youth violence citywide.
3. Improving outcomes for all OVP clients through trauma-informed practices.
Organizational Capacity and Coordination
OVP is designed, staffed, and funded explicitly to support the implementation of evidence- and partnership-based violence reduction strategies. OVP’s leadership and staff have extensive experience collaborating with a broad range of public and private criminal justice and social service agencies, including SPD. The office is directed by Lora M. Larson, MSW, an innovative social service leader with over 24 years of building relationships, programs, and enhancing agency operations, whose focus is to improve outcomes for vulnerable populations. OVP has 16 staff, all City employees. Four employees form the management team (the Director, a Senior Management Assistant, a Management Assistant who serves as a Data Analyst and an Administrative Assistant and twelve violence intervention staff. OVP’s program strategy includes focused deterrence, hospitalbased violence intervention, credible messengers, life coaching and intensive case management. All staff are respected within the communities they work, and several staff have lived experience, both of which contributes to the outreach team’s effectiveness within the City of Stockton.
Project Evaluation and Monitoring
OVP will partner with a local nonprofit evaluation organization called San Joaquin Community Data Co-Op. The evaluation work will include a comprehensive process and outcome evaluation. As part of this effort, the evaluation team will collect baseline data on all homicides and gun-related crime from 2018 to 2021 to track patterns over time, allowing data comparisons from 2022 to 2025. In addition, baseline and outcome data collection (pre and post) will include the following: Employment and housing status; Whether clients have safe and permanent housing (for youth this will include housing permanency data regarding the family); Participation in both the youth and adult leadership councils (support groups); Whether clients have access to daily meals, whether such access was/is consistent day to day; Client families receipt of supportive services along with the number and type of supportive services; Whether clients feel safe; List of leaders and partners supporting the violence City of Stockton Page 3 of 4 Printed on 7/20/2022
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File #: 22-0725, Version: 1
reduction efforts of Operation Ceasefire including the name, organization, and length of time in support of efforts; List of the trainings and the education provided to project staff; and specific data on the Violence Prevention Steering Committee.
FINANCIAL SUMMARY
The CalVIP Final Budget (Attachment B) provides a detailed overview of the proposed project budget and budget narrative, and a table is provided below to display the allocation of grant funds:
CalVIP Budget Line Item Grant Funds Match Funds Total
Salaries and Benefits $313,281 $2,316,579 $2,269,860
Services and Supplies $5,400 $0 $5,400
Health and Wellness $0 $36,000 $36,000
Professional Services or
Public Agency Subcontracts
$270,000 $0 $270,000
Non-Governmental
Organizations (NGO)
Subcontracts
$1,097,614 $155,000 1,252,614
Equipment/Fixed Assets $0 $31,464 $31,464
Project Evaluation $58,361 $0 $58,361
Financial Audit $25,000 $0 $25,000
Other (Travel, Training,
etc.)
$250,000 $0 $250,000
TOTAL $2,019,656 $2,539,043 $4,558,699
If successful, the California Violence Intervention and Prevention (CalVIP) Grant application will result in an additional $2,019,656 for the City of Stockton’s Office of Violence Prevention to accomplish the objectives of the Stockton Ceasefire partnership. These funds will fully support the proposed activities and staff positions associated with grant administration.
Authorizing statute requires that all CalVIP grantees contribute a 100 percent match to all grant funds awarded ($2,019,656). The $2,539,043 in match funds is comprised principally of employee salaries and benefits of both OVP and a dedicated Stockton Police Department Ceasefire staff. Additionally, in -kind match is being provided by San Joaquin County Public Health, as well as CBO partner, Friends Outside. There will be no additional cost to the City as matching expenditures are all annually budgeted operating costs.
Attachment A- CalVIP Application
Attachment B- CalVIP Final Budget
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3. The maximum amount for which any single Applicant in Category 1 or 2 may apply is $6,000,000.
The maximum amount for which any single Applicant in Category 3 may apply is $400,000.
Applicants are encouraged to request only the amount of funds needed to support their proposal and the amount that can be justified with supporting documentation/information. All Applicants must build their proposal, objectives, activities, timelines, and budget information for all three years and six months of the grant cycle (36- month project period and 6-month audit and evaluation period).
Applicants are limited to the use of the budget line items listed. Applicants are not required to request funds for every line item. If no money is requested for a certain line item, enter $0 in the budget table and "N/A" in the corresponding narrative.
This workbook is protected. Applicants may only enter information in unshaded cells. All other cells in the Project Budget worksheet will auto populate based upon the applicant's entries.
All funds must be used consistent with the requirements of the BSCC Grant Administration Guide, located on the BSCC website, including any updated version that may be posted during term of the Grant Agreement. The BSCC will notify grantees whenever an updated version is posted.
Health and Wellness: Include and itemize all match fund contributions associated with the health and wellness of staff and/or subcontractors who will deliver services for this project. The amount must not exceed five percent of the total match funds.
Request funds in whole dollars only. Do not use decimals.
Budget Line Item Instructions
The purpose of the narrative for each corresponding line item is to provide a narrative description of the item(s) and how the items and amounts requested will serve to meet the stated goals and objectives and planned activities of the project. To start a new paragraph within a narrative cell, hold down the Alt key and then press Enter.
Salaries and Benefits: List the classification/title, percentage of time, salary or hourly rates, and benefits (if applicable) for every staff person from the Applicant agency that will be funded by the grant (please show the math behind the benefit calculations). Briefly describe their roles/responsibilities within the CalVIP Grant Program project. Include salaries and benefits for staff of the applicant ONLY. Salaries and benefits associated with partner agencies, subgrantees, or subcontractors should be included in the applicable line item (e.g. Professional Services, NGO Subcontracts, etc.).
Services and Supplies: Include and itemize all services and supplies to be purchased by the Applicant.
Services and supplies purchased by partner agencies, subgrantees, or subcontractors must be included in the applicable line item (e.g. Professional Services, NGO Subcontracts, etc.).
Be advised: Meals, snacks, incentives and participant support items require separate and prior written approval by BSCC, even if included here.
Match Requirement: By statute, the CalVIP Grant requires a 100 percent match on all grant funds awarded. The match amount may be met through cash or in-kind contributions.
Project Budget (Table and Narrative)
This Budget Attachment is Section 5. Project Budget of the official proposal and upon submission will be rated as such per the requirements set forth in the Request for Proposals (RFP). Applicants are solely responsible for the accuracy and completeness of the information entered into this budget. 2022 CalVIP Grant Program - RFP Budget Attachment Instructions Enter the name of the Applicant at the top of the Project Budget worksheet.
Formatting the Budget Attachment: Applicants are limited to 4 pages for the entire Budget Attachment. You may expand or shrink the narrative sections within the Excel spreadsheet to achieve the desired number of pages. For example, if you are not requesting equipment, you may delete the extra spaces within that section once you have entered $0 in the budget table and "N/A" in the corresponding narrative. Font size must be 10pt or larger.
ATTACHMENT B
4. 5.
6. 7.
8. 9.
10. Equipment and Fixed Assets: Include grant funds associated with equipment and fixed assets purchased by the Applicant. Equipment and fixed assets are defined as nonexpendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Items that do not meet this threshold should be included in the Services and Supplies category. Itemize all equipment and fixed assets to be purchased by the Applicant only. Equipment and fixed assets purchased by partner agencies, subgrantees or subcontractors must be included in the applicable line item.
Be advised: Equipment and fixed assets over $5,000 require separate and prior written approval by BSCC, even if included here.
Other (Travel, Training, Etc.): Itemize all costs that do not fit into the categories listed above, including travel and training. Applicants should budget for three one-day trips to Sacramento for grantee team meetings. For this line item, include "other" costs for use by the Applicant only. Similar type costs allocated by NGOs, subgrantees or subcontractors must be included in the applicable line item.
Note: Out-of-state travel using grant funding is permissible in rare cases. The use of state funds for out-of-state travel is monitored very closely and granted only in limited cases. Out-of-state travel included in the proposed budget does not guarantee automatic approval; out-of-state travel requests require separate and written prior approval by the BSCC. Participant travel that exceeds $100 per day requires separate and prior written approval by BSCC, even if included here.
Indirect Costs: Indirect costs are shared costs that cannot be directly assigned to a particular activity, but are necessary to the operation of the organization and the performance of the project. For this grant program, indirect costs may be charged to grant funds using only one of the following options:
• Organizations with a federally approved indirect cost rate may request reimbursement for indirect costs not the exceed twenty percent (20%) of the total grant award. Organizations may not request more than their federally approved rate and will be required to submit their federally approved rate documentation in order to receive reimbursement.
• Organizations that do not have a federally approved indirect cost rate may request reimbursement for indirect costs not to exceed ten percent (10%) of the total grant award. Organizations will be required to provide a methodology or list of costs/activities to support the indirect costs charged to the grant upon request.
Note: If indirect costs beyond what are allowable for grant funds are being contributed as match, the applicant must maintain appropriate supporting documentation.
Professional Services or Public Agency Subcontracts: List the names of any public agencies or professional consultants that will work on the project. Show the amount of funds allocated to each and itemize the services that will be provided. List any positions to be funded, including classification/title, percentage of time, salary or hourly rates, and benefits (if applicable).
Non-Governmental Organization (NGO) Subcontracts: List the names of all NGOs that will work on the project. Show the amount of funds allocated to each and itemize the services that will be provided. Include any positions to be funded, including classification/title, percentage of time, salary or hourly rates, and benefits (if applicable). If an NGO partner has not been selected as of the date of the submission of the application, identify the amount of grant funds that will be allocated and describe the services to be provided.
Project Evaluation: Applicants must dedicate a minimum of 5 percent with a maximum of 10 percent of the total grant funds requested for evaluation planning, oversight, and reporting activities. Include and itemize all grant fund costs associated with evaluation efforts for this project, even if they are associated with a subcontractor or consultant.
Financial Audit: Up to $25,000 in grant funds may be allocated for the required financial audit. The audit provides assurances that an organization's financial statements are free of material misstatement based upon the application of generally accepted accounting principles. Match funds may also be used to cover or supplement the cost of the audit.
ATTACHMENT B
Note: The top table will auto-populate based on the information entered in the sections below.
Grant Funds Match Funds Total
$313,281 $2,316,579 $2,629,860
$5,400 $0 $5,400
$0 $36,000 $36,000
$270,000 $0 $270,000
$1,097,614 $155,000 $1,252,614
$0 $31,464 $31,464
$58,361 $0 $58,361
$25,000 $0 $25,000
$250,000 $0 $250,000
10. Indirect Costs $0 $0 $0
$2,019,656 $2,539,043 $4,558,699
Required match: 100%: no less than: $2,019,656
Grant Funds Match Funds Total
$0 $221,161 $221,161
$0 $203,484 $203,484
$0 $70,015 $70,015
$0 $369,264 $369,264
$0 $138,018 $138,018
$0 $313,281 $313,281
$0 $422,299 $422,299
$0 $233,362 $233,362
$313,281 $0 $313,281
$0 $73,974 $73,974
$0 $271,721 $271,721
$313,281 $2,316,579 $2,629,860
1b. Salaries and Benefits Narrative:
Grant Funds Match Funds Total
$5,400 $0 $5,400
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
SPD: Deputy Chief .20 FTE Salary & Benefits at $452,869 per year for 36 ms Calculation for Expenditure
OVP: Two Peacekeepers
OVP: One Peacekeeper Supervisor (Youth)
$150 x 36ms
2a. Services and Supplies
Description of Services or Supplies
3. Health and Wellness (must not exceed 5% of total match funds)
7. Project Evaluation (must be at least 5%, but no more than 10% of total grant funds) 1a. Salaries and Benefits
2/ 0.5 FTE Salary & Benefits at $23,003 per year for 36 ms.
1.0 FTE Salary & Benefits at $104,427 per year for 36ms
8. Financial Audit (must not exceed $25,000)
.40 FTE Salary & Benefits at $351,916 per year for 36ms .20 FTE Salary & Benefits at $388,937 per year for 36ms
1.0 FTE Salary & Benefits at $104,427 per year for 36ms Budget Line Item
The OVP is seeking one position - a full-time Outreach Supervisor who will oversee the expansion of Operation Ceasefire strategies to youth ages 12 to 17. The Project Coordinator will work with OVP management and community partners in outlining program guidelines, establishing a referral network and developing a youth gang prevention presentation for local schools. OVP Management team will maintain documentation to ensure all match is claimed as required by BSCC.
5. Non-Governmental Organization (NGO) Subcontracts
6. Equipment/Fixed Assets
9. Other (Travel, Training, etc.)
TOTAL
.05 FTE Salary & Benefits at $493,163 per year for 36ms OVP: PK Supervisor
SPD: Chief
OVP: Fiscal Manager
OVP: Deputy City Manager
OVP: Director
SPD: Ceasefire Lieutenant
SPD: Ceasefire Captain
(Show as either % FTE or Hourly Rate) & Benefits
.50 FTE Salary & Benefits at $147,441 per year for 36 ms. .50 FTE Salary & Benefits at $135,656 per year for 36 ms.
TOTAL
.10 FTE Salary & Benefits at $233,385 per year for 36 ms. .50 FTE Salary & Benefits at $246,176 per year for 36 ms 2022 California Violence Intervention & Prevention (CalVIP) Grant - Project Budget and Budget Narrative Contract Term: October 1, 2022 - December 31, 2025
Montly Strategy Meeting Support
Name and Title
OVP: Data Analyst
Name of Applicant:
1. Salaries and Benefits
2. Services and Supplies
4. Professional Services or Public Agency Subcontracts
ATTACHMENT B
$0 $0 $0
$0 $0 $0
$5,400 $0 $5,400
Description of Professional Service(s) Grant Funds Match Funds Total $36,000 $36,000
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $36,000 $36,000
3b. Health and Wellness Narrative
Description of Professional Service(s) Grant Funds Match Funds Total $270,000 $0 $270,000
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$270,000 $0 $270,000
4b. Professional Services Narrative
Grant Funds Match Funds Total
$120,000 $0 $120,000
$60,000 $0 $60,000
$60,000 $0 $60,000
$24,000 $0 $24,000
$184,953 $0 $184,953
$102,420 $0 $102,420
Calculation for Expenditure
Peace Partners Consulting
5a. Non-Governmental Organizations (NGO) Subcontracts
Calculation for Expenditure
Be Smooth, Inc. Heal. Grow. Change Mental Health Services (Office Hours for Staff) @ $12,000 per year for 36 ms
3a. Health and Wellness (must not exceed 5% of total match funds) Friends Outside: Housing Assistance
TOTAL
Calculation for Expenditure
Technical Assistance
TOTAL (must not exceed 5% of Total Match Funds)
4a. Professional Services
Description of Subcontract
Friends Outside: Emergency Needs 120 Clients at $500 each In addition to providing the detailed services outlined under NGO subcontracts, Be Smooth, Inc. will also provide on-site "healing hours" every month for one (1) day. These 8hr days will provide in-office mental health and trauma related support for all project staff. Staff will have the option of scheduling one-on-one sessions or "dropping in" during open hours. Match is calculated by hourly rate of $125.00 per hour, multiplied by 8hrs x 36months. OVP Management team will maintain documentation to ensure all match is claimed as required by BSCC.
Friends Outide: Work Readiness
TOTAL
120 Clients at $500 each
Friends Outide: Incentives 120 Clients at $200 each
Friend Outside .50 FTE 2 Case Managers at $61,651 per year for 36 ms.
Friend Outside .4 FTE Coordinator at $34,140 per year for 36 ms.
To provide for proper coordination of intervention and prevention strategies, OVP will hold monthly Strategy Meetings to disuss new referrals and outreach strategies for potential clients. These meetings will also serve as a space to discuss referrals previously made with provided updates. OVP management and TA support will ensure that partner organizations' role and duties, and overall project efforts, remain aligned and well coordinated. Meetings will be held monthly, during the lunch hour (to prevent interference with other ongoing coordination and partnership meetings), and provide a budget of $150.00 to cover food and drinks. OVP anticipates a meeting with most project staff totaling 15 persons.
Peace Partners Consulting will provide technical assistance to OVP to help manage the overall grant project including the development and implementation of the Violence Prevention Steering Committee, Violence Prevention Referring Council, the Violence Reduction Strategic Plan and Recommendations, the expansion of the Leadership Council, and creating a citywide integrated youth gang reduction model rooted and grounded in prevention strategies. 2b. Services and Supplies Narrative:
60 clients at $2000 each client
ATTACHMENT B
$49,248 $0 $49,248
$0 $100,000 $100,000
$193,051 0 $193,051
$203,742 $203,742
$55,000 $55,000
$100,200 $100,200
$0 $0 $0
$1,097,614 $155,000 $1,252,614
Description of Equipment/Fixed Asset Grant Funds Match Funds Total $0 $31,464 $31,464
$0 $0 $0
$0 $0 $0
$0 $31,464 $31,464
6b. Equipment/Fixed Assets Narrative
Grant Funds Match Funds Total
$58,361 $0 $58,361
$0 $0 $0
$0 $0 $0
$0 $0 $0
$0 $0 $0
$58,361 $0 $58,361
7b. Project Evaluation Narrative:
Grant Funds Match Funds Total
$25,000 $0 $25,000
TOTAL (must be at least 5%, but no more than 10% of Total Grant Funds) The San Joaquin Community Data Co-Op (Data Co-Op) will be providing applied research and evaluation services to the City of Stockton Office of Violence Prevention for the California Violence Intervention and Prevention (CalVIP) grant program. This effort will center on collaborating with stakeholders and evaluating program processes and outcomes throughout implementation. This data analysis project will not go beyond 2025.
Methods and Specific Evaluation Tasks.
The evaluation work will include a comprehensive process and outcome evaluation. As part of this effort the evaluation team will collect baseline data on all homicides and gunrelated crime from 2000 to 2021 in order to be able to track patterns over time. Deliverables to include:
• Quarterly updates
• Local Evaluation Plan (LEP)
• Local Evaluation Report (LER): Annual
OVP will utilize for dedicated vehicles for youth outreach work including one Peacekeeper Supervisor and three Outreach Workers.
Friends Outside
Use of City Vehicles for Outreach Efforts
Public Health
5b. Non-Governmental Organizations (NGO) Subcontracts Narrative 7a. Project Evaluation (must be at least 5%, but no more than 10% of total grant funds) Description
Research and Evaluation at $19,453 per year for 36 ms.
8a. Financial Audit (must not exceed $25,000 in Grant Funds) Description Calculation for Expense
Financial Audit
TOTAL
El Concilio
Choices
Friends Outside .10 FTE Executive Director at $16,416 per year for 36 ms.
Training, Supervision, Office Space, Computer Lab at
$33,333 per year for 36 ms.
TOTAL
Be Smooth Inc.
Mental Health Crisis at $64,350 per year for 36 ms.
Client Support & Cognitive Behavioral Training at $67,914 per year for 36 ms.
Calculation for Expense
$10,464 per year for 36 ms.
Two Epidemiologists at $18,333 per year for 36 ms.
Client & OVP Trauma Support at $33,400 per year for 36
ms.
Friends Outside will provide intensive case management and life coaching for high-risk transitional aged youth and adults (15-25) and individuals who are sytsem impacted, have active warrants, and do not meet the Ceasefire criteria. Friends Outside will also oversee a housing program focused on rapid relocation for clients and family members who are at imminent risk of gun and gang violence. Supports will include incentives, financial counseling, housing relocation and a work readiness support. Friends outside will have to hire additional staff as noted above to meet the needs of the aformentioned programs. Friends Outside Total Grant Funds $600,621; Friends Outside Total Match Funds $100,000 ; El Concilio will provide one mental health clinician to be on-call with Peacekeepers and respond to any gang-related shootings; they will provide crisis assessment and intervention as needed and follow-up with families for community referrals as warranted. El Concilio Total Funds $193,051 ;Choices will provide support groups to all OVP clients ages 12 to 35. The groups incorporate CBT and interactive journaling to help them address past trauma, build self-efficacy and while offering them hope for their future.
Choices Total Funds $203,742 ; San Joaquin County Public Health will bring to the table the public health lens envisioning violence from a social determinants of health perspective. Be Smooth, Inc. will attend bi-monthly Safety Meetings to offer mental health support during the meetings and offer clients ongoing services. San Joaquin Public Health Total Match Funds $55,000 ; Be Smooth, Inc. will also assess the needs of clients and referr to outside providers as necessary. To address secondary trauma, Be Smooth, Inc. will provide reflective supervision to OVP staff bi-monthly. The focus of reflective supervision is to provide a safe space for staff to process thier feelings related to the traumatic events experienced during shooting call-outs and other critical incidents. Be Smooth Fee Break Down - Intake/Assessment : 10 assessments (per month) at $125.00 = $15,000.00 (per year) = $45,000.00 - Individual Therapy : 10 sessions at $100.00 = $10,000.00 (per year) = $30,000.00 - Crisis Response :
2 responses at $250.00 = $6,000.00 (per year) = $18,000.00 - Reflective Supervision : 2 sessions at$100.00 = $2,400.00 (per year) = $7,200.00. $33,400.00 (per year) for a Total Cost of: $100,200 .
6a. Equipment/Fixed Assets
ATTACHMENT B
$0 $0 $0
$0 $0 $0
$25,000 $0 $25,000
8b. Financial Audit Narrative:
Grant Funds Match Funds Total
$140,000 $0 $140,000
$110,000 $0 $110,000
$0 $0 $0
$0 $0 $0
$250,000 $0 $250,000
9b. Other (Travel, Training, etc.) Narrative:
Grant Funds Match Funds Total
$0 $0 $0
$201,966
$0 $0 $0
$403,931
$0 $0 $0
10b. Indirect Costs Narrative:
Regardless of which option is chosen, if the amount entered in the Grant Funds column turns red, adjust it to not exceed the maximum noted just below it: TOTAL Indirect costs may be charged to grant funds by choosing either Option 1) or 2) listed below:
UC Davis will create and facilitate trainings for OVP and community partners. The trainings will focus on trauma, case managment, and conflict mediation.
The Mora Learning Institute will provide leadership training from a healing lens while also providing a 40 hour Life Coaching certification for Peacekeepers and CBO staff.
If using Option 1) grant funds allocated to Indirect Costs may not exceed:
If using Option 2) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs will be charged up to 20% of direct total grant award. Applicable if the organization has a federally approved indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.
1) Indirect costs will be charged as 10% of total grant award. Applicable if the organization does not have a federally approved indirect cost rate.
Leadership & Healing $69,000 @ $23,000 for 36 ms.
OVP will closely monitor and track all CBO invoices. OVP will also work the Stockton's contracted neutral auditor and make program documents available for inspection.
TOTAL (must not exceed $25,000 in Grant Funds)
10a. Indirect Costs
Description
UC Davis
Mora Learning Institute
Calculation for Expense
TOTAL
Curriculum Development & Training $33,416 per year for 36 ms.
9a. Other (Travel, Training, etc.)
Enter narrative here. You may expand cell height if needed.
ATTACHMENT B
City of Stockton
Legislation Text
File #: 22-0588, Version: 1
DESIGNATING VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 7-9, 2022
RECOMMENDATION
It is recommended that the City Council, by resolution, designate two members to serve as voting delegates representing the City at the League of California Cities Annual Conference, to be held September 7-9, 2022, in Long Beach, California. One member will serve as the appointed voting delegate and one member as an alternate.
Summary
The League of California Cities bylaws require each voting member city to designate one voting member and at least one alternate. The voting member and alternate(s) must be designated by City Council action. Stockton City Council Policy 2.05 states that the Mayor shall designate the Voting Delegate and Alternate.
DISCUSSION
Present Situation
The League of California Cities Annual Conference is scheduled for September 7-9, 2022, at the Long Beach Convention Center in Long Beach, California. The Annual Business Meeting will be held during General Assembly on Friday, September 9.
An important aspect of the League’s Conference is the Annual Business Meeting at which time the membership considers and takes action on resolutions that establish League policy. The agenda outlining these resolutions is still being finalized. A completed packet with proposed resolutions will be presented to member cities prior to the conference.
Attached for your reference is a copy of the correspondence from the League of California Cities requesting designation of voting delegates and outlining voting procedures (Attachment A). The Mayor has appointed Dan Wright, District 2 Councilmember as the Voting Delegate, with Kimberly Warmsley, District 6 Councilmember as the Alternate.
All procedures provided by the League assume that the conference will be held in-person. Should COVID-19 conditions and restrictions prohibit the League from holding an in-person conference, new procedures will be provided.
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File #: 22-0588, Version: 1
FINANCIAL SUMMARY
This action has no specific financial impact to City funds.
Attachment A - 2022 Voting Delegate Packet
City of Stockton Page 2 of 2 Printed on 7/20/2022
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.
Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.
When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.
Council Action Advised by August 31, 2022
ATTACHMENT A
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.
Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
ATTACHMENT A
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
ATTACHMENT A
CITY: CITY OF STOCKTON, CA
2022 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name: DAN WRIGHT
Title: COUNCILMEMBER, DISTRICT 2
3. VOTING DELEGATE - ALTERNATE
Name:
2. VOTING DELEGATE - ALTERNATE
Name: KIMBERLY WARMSLEY
Title: COUNCILMEMBER, DISTRICT 6 Title:
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: __KEVIN J. LINCOLN II_______________ [email protected]__ Mayor or City Clerk_________________________ Date_7/26/2022__Phone_(209) 937-8244_ (circle one) (signature)
Please complete and return by Friday, September 2, 2022 to:
Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]; Phone: (916) 658-8254
ATTACHMENT A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION DESIGNATING VOTING DELEGATES FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE TO BE HELD SEPTEMBER 7-9, 2022,
IN LONG BEACH, CALIFORNIA
The League of California Cities will host their Annual Conference September 7-9, 2022, in Long Beach, California, at the Long Beach Convention Center; and
The League of California Cities bylaws require that each voting member City, by Council action, designate one voting member and at least one alternate; and The City of Stockton Council Policy 2.05 states that the Mayor shall present for Council consideration a Resolution designating the Voting Delegate and Alternate; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Mayor hereby appoints DAN WRIGHT to serve as the City’s Voting Delegate.
2. Councilmember KIMBERLY WARMSLEY to serve as the Alternate.
3. Authorizes the City Manager to prepare and return the League of California Cities 2022 Voting Delegate Packet on behalf of the City.
PASSED, APPROVED, and ADOPTED July 26, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
City of Stockton
Legislation Text
File #: 22-0618, Version: 1
ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 11 (VILLAGE A) TRACT NO. 4075 PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Cannery Park, Unit No. 11 (Village A), Tract No. 4075;
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 Cannery Park, Unit No. 11 (Village A), Tract No. 4075; and
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 a Subdivision Agreement between KB Home North Bay, LLC, to accept all offers of dedication, and record the map for Cannery Park, Unit No. 11 (Village A), Tract No. 4075. The subdivision contains
9.27 acres divided into 50 lots for the construction of single-family residential homes, a nonresidential lot, and street right-of-way dedication. The final map complies with the Tentative Maps (TM 8-04 A&B) approved by the Planning Commission on August 12, 2004, and approved development conditions. The proposed property subdivision is located south of Bear Creek and east of Holman Road (Attachment A - Vicinity Map).
Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the Tentative Map conditions 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. It is recommended that Council adopt the proposed resolution as KB Home North Bay, LLC fulfilled all necessary conditions.
DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Pre-zoning and Development Agreement. On September 14, 2004, City Council approved the Planning Commission and staff recommendations. The Project City of Stockton Page 1 of 3 Printed on 7/20/2022
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proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial, parks, a school and a fire station.
The Tentative Small Lot Map 8-04A shows how the proposed site would be divided up into smaller parcels creating the residential lots, a lot for multi-family, 49 lots for light industrial and commercial, and lots for the fire station, parks, school, and various accessory lots. The Tentative Large Lot Map shows how the proposed site would be divided up into 17 large lots to provide the developer an opportunity to sell 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.
The City Council approved the formation of the Community Facilities District (CFD) No. 2019-1 for Cannery Park II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and on-going services related to police, fire, parks, roads, and open space.
Up to the present time, City Council has approved eight final maps that created 840 residential lots, a school, public rights-of-ways, and easements.
Present Situation
KB Home North Bay, LLC, submitted a final map to complete the subdivision process for the earlier approved Tentative Maps. The subdivision name is Cannery Park Unit No. 11 (Village A), Tract No. 4075, and will subdivide the 9.27-acre project site into 50 lots for the construction of single-family residential homes, a non-residential lot (Lot A) for levee purposes, and street right-of-way dedication.
The residential lot sizes, ranging from 5,000 to 13,841 square feet, will be provided access through the project site to public streets.
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval are met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.
The Final Map was reviewed by the City Engineer for technical accuracy, substantial conformance with the approved tentative maps, and the required conditions are completed or incorporated within a subdivision agreement. The City Engineer 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 authorizes recordation of the final map. It is recommended that Council adopt the proposed resolution as KB Home North Bay, LLC fulfilled all necessary conditions.
FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of City of Stockton Page 2 of 3 Printed on 7/20/2022
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File #: 22-0618, Version: 1
$104,696.02 and deposited in various fee accounts in the Development Services Fund and Street Sign Public Facility Fee Fund. These fees and deposits are described in detail in Exhibit A of the Subdivision Agreement. All other fees will be assessed at the time building permits are issued.
Cannery Park, Unit No. 11 (Village A) will be incorporated into CFD No. 2019-1, which provides funding for the necessary infrastructure improvements and on-going City services related to police, fire, parks, roads, and open space to support the project development. There is no financial impact to the City because of the execution of the Subdivision Agreement. The developer bears the costs to construct the required infrastructure improvements and development of the subdivision and addresses with the formation of the community facilities district.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 7/20/2022
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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
Cannery Park, Unit 11
(Village A) Vicinity Map
ATTACHMENT A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL
OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR CANNERY PARK, UNIT NO. 11 (VILLAGE A) - TRACT NO. 4075 Cannery Park, Unit No. 11 (Village A), Tract No. 4075 is located south of Bear Creek and east of Holman Road; and
The project will subdivide an approximately 9.27-acre project site into 50 lots for the construction of single-family homes, a non-residential lot, and street right-of way dedication; and
The subdivider is KB Home North Bay California, LLC (Subdivider); and The Subdivider has submitted the Cannery Park, Unit No. 11 (Village A), Tract No. 4075, 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 public streets and utilities to be constructed within the subdivision unit, dedicating right of way easements, and posting security bonds 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 Cannery Park, Unit No. 11 (Village A), Tract No. 4075, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The certain Final Map, consisting of five sheets, entitled Cannery Park, Unit No. 11 (Village A), Tract No. 4075 filed with the City Clerk on July 26, 2022, is hereby approved as and for the Final Map of that certain subdivision known as Cannery Park, Unit No. 11 (Village A), Tract No. 4075, 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.
4. The approval and acceptance by the City on behalf of the public of Tract No. 4075, Subdivisions of San Joaquin County, Cannery Park, Unit No. 11 – Village A, 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 26, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1 After Recording Return To:
City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202
SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT (“Agreement”) is made and entered into as of _________________________ by and between the CITY OF STOCKTON, hereafter referred to as "CITY," and KB HOME NORTH BAY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER."
W I T N E S S E T H:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK, UNIT NO. 11 (VILLAGE A) -- TRACT NO. 4075 (TM 8-04) which Map has been checked and approved by the County Surveyor; and Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5460C) dated 10/15/21, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 15 are now on file in the Office of the City Engineer; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.
NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:
Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, EXHIBIT 1
2 street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer, which in the Engineer’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer.
Subdivider warrants that construction will not adversely affect any portion of adjacent properties.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.
Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.
The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.
Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.
City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this agreement; provided that in the event good cause is shown, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the EXHIBIT 1
3 owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing
monuments in the amount of (7 Monuments) ..................... $14,000.00 B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ......................................................................... $548,293.00 C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ....................................... $548,293.00 The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:
EXHIBIT 1
4 A. Security given for faithful performance shall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains satisfactory during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.
11. INDEMNITY AND HOLD HARMLESS AGREEMENT
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of EXHIBIT 1
5 or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITY’S liability, breach of this Agreement, or other obligation or fault has been determined. SUBDIVIDER shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER’S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless CITY its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance. SUBDIVIDER’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers’ compensation acts, disability acts, or other employee benefit acts.
INSURANCE REQUIREMENTS
Subdivider shall comply with the insurance requirements set forth in Exhibit B.
12. TITLE TO IMPROVEMENTS
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.
13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make EXHIBIT 1
6 the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $10,966.00 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.
14. SUBDIVIDER NOT AGENT OF CITY
Subdivider or any of Subdivider's agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivider's obligations under this agreement.
15. COST OF ENGINEERING AND INSPECTION
Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.
Plan Checking Fee = $32,563.72
Inspection Fee = $38,903.51
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
16. FILING FEES
Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $301.00 ($148 + $3/lot), a map filing fee of $3,526.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $107.00 and $290.00, respectively. City will forward the checks with the Map for recording.
17. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.
EXHIBIT 1
7 18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
19. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202
Notices required to be given to Subdivider shall be addressed as follows:
KB HOME NORTH BAY, LLC
4830 BUSINESS CENTER DR., SUITE 150
FAIRFIELD CA 94534
Notices required to be given to surety of Subdivider shall be addressed as follows:
LIBERTY MUTUAL INSURANCE COMPANY
633 W. 5TH STREET, SUITE 1200
LOS ANGELES, CA 90071
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
20. FIRE PROTECTION
No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be EXHIBIT 1
8 modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.
21. STREET TREE SECURITY
The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.
Street Tree Security: 62 trees @ $195 ea. X 125% = $15,112.50
22. STREET NAME SIGN FEE
The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.
Street Name Sign Fee: 5 signs @ $286.25 ea. = $1,431.25
23. SUMMARY OF FEES
The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.
24. BINDING UPON SUCCESSORS
This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.
25. ASSIGNMENT
Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of its rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign this Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreement and shall receive the immediate return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.
26. SPECIAL PROVISIONS
The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TM8-04 as shown in Exhibit C attached hereto, and the timing and EXHIBIT 1
9 implementation of said conditions shall be in accordance with the "Master Subdivision Agreement Cannery Park" attached hereto as Exhibit D, and hereby made a part of this agreement.
The property to be subdivided by the Map described herein shall participate in the Cannery Park Storm Water Quality Assessment District formed by City Council on November 15, 2005 by Resolution 05-0505.
Note: No building permits shall be issued until the Map described herein is recorded.
Note: Right-of-way dedication for bus turnouts, street right-of-way, and slope easements for grade separations shall be dedicated when necessary with the Map described herein.
ATTEST: CITY OF STOCKTON:
ELIZA R. GARZA, CMC HARRY BLACK
CITY CLERK CITY MANAGER
By By__________________________
APPROVED AS TO FORM: KB HOME NORTH BAY, LLC
OFFICE OF THE CITY ATTORNEY _____________________________ (PRINT NAME)
BY_________________________ BY__________________________
CITY ATTORNEY (SIGNATURE)
___________________________
(TITLE)
_____________________________
APPROVED BY CITY COUNCIL RESOLUTION NO.
_______________________ ON , 20 .
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT A
SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE .............................................................. $1,431.25 PLAN CHECK FEE .............. ....................................................... $32,563.72 INSPECTION FEE ....................................................................... $38,903.51 MATERIAL TESTING FEE ..... ......................................................... $7,116.47 FILING FEE ................................................................................. $3,526.00 TECH FEE ........................... ....................................................... $5,360.04 C�FEE ............................. ....................................................... M,2�.ro CASH DEPOSIT ............................................................................ $10,966.00 COMPUTER MAPPING FEE ............................................................ $301.00 MUD IMAGING FEE .................... .................................................... $240.00 ASSESSMENT DISTRICT SEGREGATION ........................................... $0.00 TOTAL ....... $104,696.02
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (5 Sheets) ....................................................................... $107.00 AGREEMENT (68 Sheets) ...................................................... $290.00 TOTAL ............. $397.00
BONDS
MONUMENT BOND ........................................................... $14,000.00 PERFORMANCE BOND .................................................. $548,293.00 LABOR AND MATERIAL BOND ...................................... $548,293.00 STREET TREE BOND ....................................................... $15,112.50 TOTAL .... $1,125,698.50
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14 SUMMARY OF FEES AND BONDS (CONT.)
PROPORTIONATE SHARES
GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF EIGHT MILE ROAD/HAM LANE ..................................................................... $1,159.46 EIGHT MILE ROAD/LEACH ROAD ................................................................ $1,159.46
EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD ......................................................................................... $2,398.33 EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $231.17 EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP ..................................................................... $585.12 MORADA LANE/HWY 99 WEST FRONTAGE
ROAD ................................................................................................................. $710.76 MORADA LANE/HWY 99 EAST FRONTAGE
ROAD ................................................................................................................. $927.50
BEAR CREEK PEDESTRIAN/
BICYCLE TRAIL ............................................................................................ $14,886.78 TEMPORARY PARK AND RIDE LOT ............................................................ $9,035.28 PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $18,750.00 STREET MICROSURFACING (686-0000-237.67-40) .................................. $11,561.00 TOTAL $61,404.86
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15 Exhibit B:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds as described below.
6. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor 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 higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
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16 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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.
2. For any claims related to this project, the Contractor’s insurance coverage shall be endorsed as primary insurance coverage 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 Contractor’s insurance and shall not contribute with it. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
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17 Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
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18 Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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19 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 circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
400 E Main Street, 3rd Floor – HR
Attn: City Risk Services
Stockton, CA 95202
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MASTER SUBDIVISION
AGREEMENT CANNERY PARK
The intent of this Master Subdivision Agreement is to provide an outline for the orderly implementation of the conditions of approval for TM8-04A&B. The timing and extent of the improvements referenced below are subject to changes in accordance with approval by the City of Stockton Public Works Director or City Engineer. Such changes, consistent with the above conditions of approval, are to be reflected in the subsequent subdivision agreements for each development phase of the Cannery Park Subdivision.
General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') whom subdivide property with the Cannery Park Subdivision shall comply with the following general conditions. These general conditions may be more specifically detailed in the development scenarios presented herein.
1. Comply with all applicable Federal, State, County, and City codes, regulations, and adopted standards and pay all applicable fees. (#1), (SPA#1)
2. Pursuant to Section 15091 and 15093 of the State CEQA Guidelines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2)
3. Tentative maps TM8-04A&B shall not be effective until the execution of the Annexation Memorandum of Understanding (MOU) by the applicant and the City, the effective date of the General Plan Amendment (GPA1-03), prezoning (Z-1-03) Specific Plan Amendment (SPA1-03) and Development Agreement (DA2-03) for this site, and the recordation of the Annexation (A-03-1) of this site to the City of Stockton. If annexation is not completed within two (2) years of the approval of the tentative map by the Planning Commission, this map shall be null and void. {#44)
4. Establish Covenants, Conditions and Restrictions (CC&Rs) for the maintenance of landscaping, structures and fences on the private properties and review of architectural design for residential structures within the subdivision area. The CC&Rs shall be subject to review and approval by the City Attorney and the Community Development Director prior to the issuance of the first residential building permit. The owners, developers and/or successors-in-interest shall be responsible for recordation of the CC&Rs and payment of recording expenses. The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs. (#45)
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Sanitary Sewer
1. Prepare and have approved a master plan to demonstrate that sewage generation by the proposed project can be accommodated within planned collection system improvements. The ODS shall design and construct all necessary improvements to the system to accommodate anticipated sewage generation and transmission. (#3)
Storm Drainage
1. Demonstrate to the satisfaction of the City Engineer that the storm water runoff generated by the proposed project can be accommodated with the planned storm water collection system improvements, as provided by the City's Standard Plans and Specifications. The ODS shall provide an alternative storm water collection plan if the proposed storm water collection system is determined to not have sufficient capacity. (#4)
2. The ODS of Lot 3 shall dedicate the Lot to the City of Stockton when determined necessary by the Director of the City of Stockton Municipal Utilities Department.
Traffic & Circulation (Analysis, Phasing and Dedication)
1. Conduct a queuing and traffic access analysis at proposed signalized intersections to determine appropriate intersection location and required turn pocket/lane length. (#8)
2. Prior to recordation of any part of these Tentative Maps (TM8-04A&B) as a Final Map (Parcel Map/Subdivision Map), the ODS shall enter into a Master Agreement to identify the timing/phasing of improvements and provide for appropriate improvement securities. (#26)
3. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the operational level of service at the Eight Mile Road/State Highway Route 99 interchange and Morada Lane/State Highway Route 99 interchange below level of service that conforms with State Urban Highway Standards. Said study shall be approved by the City and identified improvement timing shall be binding on the ODS. (#14) Traffic & Circulation (Design, Construction and/or Funding Proportionate Share)
1. The ODS shall be responsible for 100 percent of the design and construction costs of on-site roadway and intersection improvements and roadway extensions and public utilities identified on the Tentative Map and/or included in the project EIR, project description or as mitigation measures. Improvements include but are not limited to all sewer, water and storm drain lines, traffic signals, street lighting, street paving, curb, gutter and sidewalk. (#10)
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2. The ODS shall be responsible for their proportionate share, based on traffic loadings, of the costs for Project Study Reports (PSRs) and Project Reports (PRs) and necessary improvements described in the PSRs/PRs for the State Route 99 mainline system, the Morada Lane/State Route 99 overcrossing-interchange, and Eight Mile Road/State Route 99 overcrossing-interchange to provide a level-ofservice that conforms with State Urban Highway Standards. The ODS shall participate in a funding mechanism including, but not limited to: an assessment district (AD); area of benefit (AOB); or equivalent, and the ODS shall prepare and enter into an agreement with the City to establish the financing, design, construction, and timing of the PSRs, PRs and necessary improvements as identified. Said agreement shall be subject to the approval of the City Manager. (#15)
Eight Mile Road Specific Plan
1. If the improvements allowed by Specific Plan Amendment SPA1-03 are not constructed within five years, the Specific Plan Amendment shall be null and void. (SPA#6)
2. Specific Plan Amendment SPA1-03 shall not be effective until the effective date of annexation A-03-1. (SPA#7)
Domestic Water
1. The ODS shall conduct an engineering analysis, acceptable to the Director of Municipal Utilities, that demonstrates that the water system improvements to be constructed within the City of Stockton water service area are sufficient to meet the following conditions: (#28)
For ultimate build-out of the subdivision:
a. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 40 psi pressure at any location during the period of peak hour demand (peak hour demands shall be calculated at 175 percent of maximum daily demands).
b. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand (maximum day demands shall be calculated at 210 percent of the average day demands) combined with a fire flow of 2,000 gpm out of any fire hydrant in the residential portion of the subdivision.
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c. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 3,000 gpm out of any fire hydrant in the commercial and industrial areas of the subdivision.
For phased developments of units within a subdivision (interim development):
d. With a given system pressure of 45 psi at the existing points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 1,500 gpm out of any fire hydrant in the subdivision (maximum day demands shall be calculated at 210 percent of the average day demands).
2. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Non-potable Water (Landscape Irrigation)
1. The ODS shall prepare a master plan for the non-potable irrigation system for the withdrawal and use of non-potable water from the Woodbridge Irrigation District (WID) canal system that passes through the project site. The system will consist of an intake structure, pump and mains, etc. that would distribute non-potable water to parks, open space, streetscape, landscaping adjoining and within commercial and industrial areas within the project area. System operation will be coordinated by the City with financing provided by a maintenance district. The master plan shall be subject to the approval of the Municipal Utilities Director. The ODS shall construct the approved system to the satisfaction of the Director of Public Works and the Director of the Parks and Recreation Department. (#32) Landscape Maintenance District
1. Prior to recordation of any Final Map, the ODS shall form a new zone of the Stockton Consolidated Landscape Maintenance District 96-2, and approve an assessment providing for the subdivision's proportionate share of the costs to maintain public parks within the service area for this subdivision or serving this subdivision. (#30)
2. Prior to recordation of any Final Map, the ODS shall establish a maintenance entity acceptable to the Community Development Director, the Parks and Recreation Director and the Public Works Director to provide funding for the maintenance of improvements including, but not limited to, common area landscaping, landscaping in the right-of-way, sound walls and/or back-up walls, constructed for the special benefit of this subdivision. The maintenance entity shall also provide funding for EXHIBIT 1
the seasonal "ripping" offload control basin 2 and vector control within the basin. (#31)
Oak Tree Avoidance/mitigation
1. Removal of Oak trees shall be avoided whenever feasible. The owners, developers, and/or successors-in-interest shall coordinate the layout of project plans with the City Arborist and City Parks Facility Planner/Landscape Architect to minimize or eliminate Oak tree removals. If removal of an Oak tree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved by the City Parks and Recreation Department representatives. If on-site planting is not possible, the owners, developers, and/or successors-in-interest shall pay the City Parks and Recreation Department the estimated cost (as determined by the City Arborist or Parks Facility Planner/Landscape Architect) for the City to have the replacement Oak trees planted by private contract on a site deemed appropriate by the City Parks and Recreation Department representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (EIR1-03), as amended, and in the related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
In order to provide an appropriate and reliable Improvement/Development Plan for a mixed-use development with the component elements contained in the Cannery Park Subdivision, the Subdivision has been divided into five (5) Plan Areas (Exhibit 'X'). The on-site/in-tract improvements and the off-site improvements corresponding to subdivision map conditions are listed separately for each Plan Area.
Cannery Park Subdivision Plan Areas
The improvements associated with each Plan Area are as follows:
Plan Area 'A'
Plan Area 'A' encompasses approximately 112.65± acres and includes Lot 11, Lot 12 (elementary school site), Lot 13 (neighborhood park), and Lot 14. The following general conditions are associated with development within Plan Area 'A' for Lot 11:
General Conditions
Neighborhood Park
A1. Dedicate Lot 13 to the City of Stockton as a site for a Neighborhood Park.
The City shall provide reimbursement for the park site at $60,000.00 per net EXHIBIT 1
acre, which is the rate established for land cost by the public facilities fee program. (#38)
A2. Remove trash; fill debris, etc. from Lot 13 until acceptance of the park site by the City. (#35)
School Site
A3. A six (6) foot tall masonry wall shall be constructed between Lot 12 and Lot 13 (park site) if Lot 12 is no longer going to be a public-school site. Such wall shall be on Lot 12. (#37)
Easements
A4. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed along the western boundary of Lot 11. (#33)
The following on-site/in-tract improvements are required to be constructed to support development within Improvement Plan Area 'A' for Lot 11:
On-site/In-tract Improvements
Holman Road
A5. Construct the road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of the TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A6. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive.
A7. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive as depicted on the tentative map. (#17) A8. Construct a masonry sound wall along the west side of Holman Road from the southern boundary of the subdivision northward to the intersection with Lt. Col. Mark Taylor Street. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
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A9. Access to Holman Road shall be restricted except at public street intersections. (#7)
A10. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Lt. Col. Mark Taylor Street
A11. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
A12. Install a barricade per City of Stockton standards at a point adjoining the western and northern curb flare of the intersection of Lt. Col. Mark Taylor Street and Street 'P'.
A13. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
A14. Construct a masonry sound wall along the south side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the western property boundary. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) A15. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Minor roads and Collectors
A16. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A17. Design and install a traffic signal at the intersection of Holman Road and Lt.
Col. Mark Taylor Street /Hendrix Drive and an additional traffic signal at the intersection of Lt. Col. Mark Taylor Street and Street P. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10) EXHIBIT 1
Off-site Improvements
Other Roadwavs/lntersections
A18. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and Morada Lane/Hwy 99 East Frontage Road (interim improvements).
A19. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A20. Based upon the total gross acreage of land designated as single family residential on the Cannery Park Tentative Map (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 11 on TM8-04A&B (i.e., 53.13 acres), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 26.8%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
Note: If development of Lot 11 occurs prior to the development of Lot 14, the following off-site improvements shall occur:
Morada Lane/Hwy 99 Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
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A21. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A22. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 11 constructs the interim improvements identified in A21 and A22, the payment of a proportionate share of the cost of those improvements as defined in A18 above is not required.
The following general conditions are associated with development within Plan Area 'A' for Lot 14:
General Conditions
Fire Station
A23. Dedicate Lot YY as shown on TM8-04A&B to the City of Stockton for the development of a fire station and construct all frontage improvements. The City shall provide reimbursement for the fire station site at $130,000.00 per net acre, which is the rate established for land cost by the public facilities fee program. Reimbursement for the construction of frontage improvements shall be made pursuant to the Public Facilities Fee Administrative Guidelines. (#42a, #42b & #42c)
Neighborhood Park
A24. Dedicate Lot K as shown on TM8-04A&B to the City of Stockton as a site for a Neighborhood Park. The City shall provide reimbursement for the park site at $60,000.00 per net acre, which is the rate established for land cost by the public facilities fee program. (#38)
A25. Remove trash; fill debris, etc. from Lot K as shown on TM8-04A&B until EXHIBIT 1
acceptance of the park site by the City. (#35)
Land Use Compatibility
A26. Install a barricade to City standards to terminate connection of the project with land uses along Waller Road. (#23)
Easements
A27. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
The following on-site/in-tract improvements are required to be constructed to support development within Plan Area 'A' for Lot 14:
On-site/In-tract Improvements
Holman Road
A28. Construct the road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A29. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.
A30. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) A31. Construct a masonry sound wall along the east side of Holman Road from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
A32. Access to Holman Road shall be restricted except at public street intersections. (#7)
A33. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Minor roads and Collectors
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A34. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A35. Design and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
Off-site Improvements
Other Roadways/Intersections
A36. Based upon the total daily trip generation rate for Cannery Park (i.e.,48,726) compared to the total daily trip generation estimate associated with the Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and Morada Lane/Hwy 99 East Frontage Road (interim improvements).
A37. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two-percent (2%), Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A38. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 14 on TM8-04A&B (i.e., 45.00 acres), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 22.7%) of the costs associated with the following improvements:
EXHIBIT 1
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on Lot 17.
Note: If development of Lot 14 occurs prior to the development of Lot 11, the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
A39. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A40. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 14 constructs the interim improvements identified in A39 and A40, the payment of a proportionate share of the cost of those improvements as defined in A36 above is not required.
Plan Area 'B'
Plan Area 'B' encompasses approximately 99.86± acres consisting of Lot 7, Lot 8, Lot 9 and Lot 10. The following general conditions are associated with development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
General Conditions
Domestic Water
B1. The owner/subdivider of Lot 10 shall dedicate Lot MM as associated with the adjacent park and as shown on TM8-04A to the City of Stockton to be used exclusively as a water well site. If the Municipal Utilities Director EXHIBIT 1
determines that the water well site is required before the re-subdivision of Lot 10, then the owner of Lot 10 shall dedicate a lot exclusively for use as a water well site. The lot, its location, and all necessary easements shall be subject to the approval of the Municipal Utilities Director. (#27) Bikeway, Pedestrian Pathway & Crossings
B2. All crossings of Holman Road proposed for bikeway/pedestrian purposes (i.e., "Parkway" and Bear Creek) shall be grade separated or occur at pedestrian actuated (midblock) signals. (#22)
B3. The Final Map prepared for Lot 9 and Lot 10 shall show those access point dedications along the south side of Bear Creek that are associated with the class one bike trail. All access points will need to be a separate lot acquired and improved by the ODS. All plans and improvements shall be subject to approval by the City Parks and Recreation Department, the City Police Department and the City Public Works Department. (#34)
B4. The owner/subdivider of Lot 10 shall provide appropriate security, design and install a bikeway/pedestrian walkway along the south side of the Bear Creek drainage corridor. The bikeway/pedestrian walkway shall consist of an asphalt or concrete bike path as proposed in the project environmental document. Provide a Master Plan for the bikeway/pedestrian walkway prior to approval of the Final Map. The Master Plan shall contain but not be limited to the following component plans: signage, bollards, public access, landscaping, fencing, security (including hours of operation), and maintenance (including litter removal). A consolidated maintenance district will be responsible for litter clean-up for the Bear Creek Corridor. The master plan shall be subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40), (#48) B5. Prior to the recording a Final Subdivision Map within Plan Area B, design and submit to the Union Pacific Railroad (UPRR) the plans necessary to obtain UPRR approval of an a bikeway/pedestrian walkway crossing of the UPRR right-of-way along the south levee bank of Bear Creek.
Easements
B6. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
B7. The Final Map for Lot 9 and Lot 10 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
EXHIBIT 1
B8. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed on the western side of Lot 10. (#33)
Disclosure/Notification
B9. The owner/subdivider of Lot 10 shall disclose to all prospective home buyers as a condition of sale and prior to the opening of escrow, the existence of any present or former remediation site (lead or any other contaminant) within the project boundaries. (#43)
The following on-site/in-tract improvements are necessary to support development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
On-site/In-tract Improvements Holman Road
B10. Prior to recording a final subdivision map within Lot 7, Lot 8, or Lot 10 within Plan Area B, prepare preliminary design plans and submit permit applications with Federal and State permitting agencies for the Holman Road Bridge crossing at Bear Creek and extension of Holman Road to Eight Mile Road. If the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek, then prior to recording any additional final subdivision maps within Plan Area B, design and submit for City approval plans for the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. Upon approval of the Homan Road Bridge and extension plans by the City, initiate the construction of the extension of Holman Road to Eight Mile Road and the Holman Road Bridge crossing at Bear Creek. To assure adequate rightof-way is reserved to accommodate the Holman Road Bridge crossing at Bear Creek, no final subdivision map(s) shall be recorded within Lot 9 until the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek. Include median lighting. (#11)
B11. Concurrent with the construction of the extension of Holman Road to Eight Mile Road, install barricades per City of Stockton standards at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive.
B12. Install bus turnouts at the intersection of Holman Road and Pfc Jessie Mizener Street and Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
B13. The owner/subdivider of Lot 8 and Lot 9 shall construct a masonry sound EXHIBIT 1
wall along the east side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B14. The owner/subdivider of Lot 10 shall construct a masonry sound wall along the west side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B15. Access to Holman Road shall be restricted except at public street intersections. (#7)
B16. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Storm Water/Holman Road North of Bear Creek
B17. The construction of Holman Road north of Bear Creek to Eight Mile Road prior to development occurring in Plan Area C, D or E will require the design and construction of an interim drainage facility to address runoff from construction of the required roadway improvements north of Bear Creek.
The design of the interim drainage facility and its construction is subject the approval of the Director of Municipal Utilities and the Public Works Director.
Lt. Col. Mark Taylor Street
B18. The owner/subdivider of Lot 10 shall construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection of Lt. Col. Mark Taylor Street and Street 'P' to the western boundary of Cannery Park TM8-04A&B at a time determined to be appropriate by the Public Works Director.
B19. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
B20. Construct a masonry sound wall along the north side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the property boundary. The height of the soundwalls shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B21. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development EXHIBIT 1
Director and the Parks and Recreation Director. (#40)
Pfc. Jessie Mizener Street
The owner/subdivider of Lot 7, Lot 8 or Lot 9 shall construct Pfc Jessie Mizener Street pursuant to the following improvement conditions. Note: In the event that the Holman Road Road/Bear Creek Bridge is not granted its environmental permits allowing for its construction, and security has been provided for the construction of the bridge and Holman Road to Eight Mile Road, then in order to accommodate the daily trips from Improvement Plan Area B, the first final map within Plan Area B (i.e., Lot 7, Lot 8, Lot 9 or Lot 10) shall include the construction of Pfc Jessie Mizener Street pursuant to the dimensions and segment length described in B26 below.
B22. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Holman Road and Pfc Jessie Mizener Street to the State Route Hwy 99 Frontage Road.
B23. Install a barricade per City of Stockton standards at the intersection of Pfc Jessie Mizener Street and Collector A.
B24. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
B25. The owner/subdivider of Lot 9 shall construct a masonry sound wall along the north side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward across the southern property boundary intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B26. The owner/subdivider of Lot 8 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward along the northern boundary of the property intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B27. The owner/subdivider of Lot 7 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern boundary of the Woodbridge Irrigation District canal easement (Lot GG) EXHIBIT 1
eastward along the northern boundary of the property intersecting with the western boundary of Lot 5; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B28. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Traffic Signals/Intersection Improvements
B29. Design and install traffic signals at the intersection of Holman Road and Pfc Jessie Mizener Street. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Minor roads and Collectors
B30. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Off-site Improvements
Eight Mile Road
B31. Prior to recording a final subdivision map within Plan Area B, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section B31 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road in conformance with Section B10 above. (#10), (#13) Other Intersections/Roadways
B32. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total dally trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,
1.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
EXHIBIT 1
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/l-lwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B33. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,
1.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B34. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,
1.32%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B35. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,
1.32%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B36. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., EXHIBIT 1
1.73%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B37. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) B38. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B39. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
EXHIBIT 1
B40. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 7 on TM8-04A&B (i.e., 9.01 acres), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 4.6%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B41. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 8 on TM8-04A&B (i.e., 6.59 acres), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 3.3%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B42. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 9 on TM8-04A&B (i.e., 9.29 acres), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 4.7%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B43. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 10 on TM8-04A&B (i.e., 74.97 acres), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 37.9%) of the costs associated with the following improvements:
Temporary Park & Ride Lot to be located on lot 17.
Note: If development occurs within Plan Area 'B' prior to occurring in Plan Area 'A', the following on-site/in-tract improvements shall occur:
Holman Road
B44. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from southern boundary of TM8-04A&8 to the Woodbridge Irrigation canal easement.
Include median lighting. (#11)
EXHIBIT 1
B45. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.
B46. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) B47. Access to Holman Road shall be restricted except at public street intersections. (#7)
Lt. Col. Mark Taylor Street
B48. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
Traffic Signals/Intersection Improvements
B49. Design and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
Off-site Improvements
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B50. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B51. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EXHIBIT 1
EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B52. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) N8 – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B50, B51 and B52, the payment of a proportionate share of the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
Note: If development occurs in Improvement Plan Area 'B' prior to occurring in Improvement Plan Area 'A', the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B53. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane B54. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B53 and B54, the payment of a proportionate share of EXHIBIT 1
the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
Plan Area 'C'
Plan Area 'C' encompasses approximately 73.52± acres of light industrial/business park uses, consisting of the Lot 1, Lot 2 and Lot 3. The following general conditions are associated with development within Improvement Plan Area 'C':
General Conditions
Storm Water
C1. The owner/subdivider of Lot 1 and Lot 2 shall provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
Easements
C2. The owner/subdivider of Lot 2 shall comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25) C3. The Final Map for Lot 1 and Lot 2 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
C4. Provide non-exclusive access easements within the industrial and commercial areas as necessary to provide all required lot accesses. (#24) Transportation System Management
C5. The owner/subdivider of Lots 1 and 2 shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development EXHIBIT 1
within Improvement Plan Area 'C':
On-site/In-tract Improvements
Signature Drive
C6. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) from Eight Mile Road southward as depicted on TM8-04A&B.
Cannery Circle
C7. The owner/subdivider of Lot 2 shall dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road westward approximately 365 feet as depicted on the tentative map. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) as depicted on TM8-04A&B.
Off-site Improvements
Golfview Road
C8. Design and construct a traffic signal at the future intersection of Eight Mile Road/Golfview Road/Signature Drive and stripe to provide the following lane configuration (#10), (#13), (#16)
NB – one left-turn lane and 1through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and two through lanes
WB – one through lane and one through/right-turn shared lane Other Roadways/Intersections
C9. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
EXHIBIT 1
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C10. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the two-percent (2%) share of the cost of roadway improvements at the West lane/Arterial A intersection. (#16) C11. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C12. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B' or 'D', the following on-site/in- tract improvements shall occur:
Holman Road
C13. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) EXHIBIT 1
C14. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on TM8-04A&B. (#17)
C15. Access to Holman Road shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
C16. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B', 'D' or 'E', the following off-site improvements shall occur:
Eight Mile Road
C17. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
C18. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) C19. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
C20. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
C21. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) C22. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment EXHIBIT 1
and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
C23. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C24. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C25. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB - one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 1 or Lot 2 constructs the interim improvements identified in C23, C24 and C25, the payment of a proportionate share of the cost of those improvements as defined in C9 and C11 above is not required of the owner/subdivider who constructed said improvements.
Improvement Plan Area 'D'
Improvement Plan Area 'D' encompasses approximately 32.09± acres of business park/commercial uses consisting of Lot 4. The following general conditions are EXHIBIT 1
associated with development within Improvement Plan Area 'D' Lot 4 (Parcels 22 through 36):
General Conditions Easements
D1. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
D2. The Final Map for Lot 4 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
Transportation System Management
D3. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
Note: If construction occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Area 'C', the following improvement shall occur:
Storm Water
D4. Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'D' Lot 4:
On-site/in-tract Improvements
Tri-Valley Drive
D5. Dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road eastward approximately 300 feet and from Collector A westward EXHIBIT 1
approximately 300 feet as depicted on the tentative map. Dedicate the rightof-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) for the mid-section of the roadway as depicted on TM8-04A&B.
Collector A
D6. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.
D7. Install a barricade per City of Stockton standards at the southern curb flare of the intersection of Collector A and Tri-valley Drive.
D8. Access to Collector A shall be restricted within 300 feet from any street intersection, driveway or creek. Any access within 500 feet from a street intersection/traffic signal shall be right-in/right-out only. (#7) D9. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
D10. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a traffic signal shall be installed to use the access. (SPA#4)
Collector A/Bear Creek Bridge
D11. The owner/subdivider of Lot 4 shall pay a proportionate share of the cost associated with the design and construction of the Collector A/Bear Creek Bridge. The proportionate shall be based upon a percentage of the total gross acreage of land associated with Lot 4, Lot 5 and lot 6 (i.e., 99.83 acres). The total gross acreage associated with Lot 4 on TM8-04A&B is
32.09 acres. The owner/subdivider of Lot 4 shall pay 32% of the cost to design and construct the Collector A/Bear Creek Bridge.
Traffic Signals/lntersection Improvements
D12. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
D13. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
EXHIBIT 1
Off-site Improvements
Other Roadways/Intersections
D14. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
D15.The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B' or 'C', the following on-site/in- tract improvements shall occur:
Holman Road
D16. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) D17. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
D18. Access to Holman Road shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
EXHIBIT 1
D19. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B', 'C' or 'E', the following off-site improvements shall occur:
Eight Mile Road
D20. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6)
D21. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) D22. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
D23. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
D24. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) D25. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
EXHIBIT 1
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
D26. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations. (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D27. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D28. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 4 constructs the interim improvements identified in D26, D27 & D28, the payment of a proportionate share of the cost of those improvements as defined in D14 above is not required.
Plan Area 'E'
Plan Area 'E' encompasses approximately 67.74± acres consisting of the Lot 5 and Lot 6. The following general conditions are associated with development within Plan Area 'E' Lot 5 and Lot 6:
General Conditions
Easements
E1. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
EXHIBIT 1
E2. The Final Map for Lot 5 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18
Transportation System Management
E3. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'E' Lot 5 and Lot 6:
On-site/In-tract Improvements
Collector A
E4. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the southern curb flare of the intersection of Tri-Valley Drive and Collector A southward across Bear Creek to an intersection with Pfc Jessie Mizener Street.
E5. Access to Collector A shall be restricted within 300 feet from any street intersection, driveway or creek. Any access within 500 feet from a street intersection/traffic signal shall be right-in/right-out only. (#7) Collector A/Bear Creek Bridge
E6. Based on the timing of development, the owner/subdivider of Lot 5 or Lot 6 shall provide appropriate security, design and construct the Collector A Bridge across Bear Creek. The owner/subdivider of Lot 5 and Lot 6 shall pay a proportionate share of the cost associated with the design and construction of the Collector A/Bear Creek Bridge. The proportionate share shall be based upon a percentage of the total gross acreage of land associated with Lot 4 (Lot 4 is conditioned to contribute 32% of the cost to design and construct the bridge), Lot 5 and Lot 6 (i.e., 99.83 acres). The EXHIBIT 1
total gross acreage associated with Lot 5 on TM8-04A&B is 55.87 acres.
The owner/subdivider of Lot 5 shall pay 56% of the cost to design and construct the Collector A/Bear Creek Bridge. The total gross acreage associated with Lot 6 on TM8-04A&B is 11.87 acres. The owner/subdivider of Lot 6 shall pay 12% of the cost to design and construct the Collector A/Bear Creek Bridge.
Off-site Improvements
State Route 99 Frontage Road
E7. The owner/subdivider of Lot 6 shall dedicate 50 feet of right-of-way along the State Highway Route 99 West Frontage Road, from Collector "B" to the south property line at Lot F, and install frontage improvements, including but not limited to curb, gutter, sidewalk, and street lighting along the property frontage of Lot F. Note: This condition is not required if the dedication is already included as a component of another recorded map. (#9) Other Roadways/Intersections
E8. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E9. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
E10. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 EXHIBIT 1
(i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E11. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 (i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in improvement Plan Area 'C' or 'D', the following improvement shall occur:
Storm Water
E12. Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Area 'B', the following improvement shall occur:
Collector A
E13. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.
E14. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
E15. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a traffic signal EXHIBIT 1
shall be installed to use the access. (SPA#4)
Traffic Signals/Intersection Improvements
E16. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
E17. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Pfc Jessie Mizener Street
E18. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Collector A eastward to the State Route Hwy 99 Frontage Road.
E19. Install a barricade per City of Stockton standards at the western most curb flare of the intersection of Pfc Jessie Mizener Street and Collector A.
E20. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
E21. Design and install a traffic signal at the intersection of Collector A and Pfc Jessie Mizener Street. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Areas 'B', 'C' or 'D', the following off-site improvements shall occur:
Eight Mile Road
E22. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
E23. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) EXHIBIT 1
E24. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
E25. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
E26. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) E27. Prior to recording a final subdivision map or obtaining site plan approval within Plan Area E, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section E27 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
E28. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E29. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) EXHIBIT 1
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E30. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 5 or Lot 6 constructs the interim improvements identified in E28, E29 and E30, the payment of a proportionate share of the cost of those improvements as defined in E8 and E10 above is not required of owner/subdivider who constructs said improvements.
EXHIBIT 1
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
City of Stockton
Legislation Text
File #: 22-0620, Version: 1
ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 10 (VILLAGE B) TRACT NO. 4043 PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Cannery Park, Unit No. 10 (Village B), Tract No. 4043;
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 Cannery Park, Unit No. 10 (Village B), Tract No. 4043; and
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 a Subdivision Agreement between KB Home North Bay, LLC, to accept all offers of dedication, and record the map for Cannery Park, Unit No. 10 (Village B), Tract No. 4043. The subdivision contains
6.59 acres divided into 33 lots for the construction of single-family residential homes, a nonresidential lot, and street right-of-way dedication. The final map complies with the Tentative Maps (TM 8-04 A&B) approved by the Planning Commission on August 12, 2004, and approved development conditions. The proposed property subdivision is located south of PFC Jesse Mizener Street and east of Holman Road (Attachment A - Vicinity Map).
Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the Tentative Map conditions 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. It is recommended that Council adopt the proposed resolution as KB Home North Bay, LLC fulfilled all necessary conditions.
DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Pre-zoning and Development Agreement. On September 14, 2004, City Council approved the Planning Commission and staff recommendations. The Project City of Stockton Page 1 of 3 Printed on 7/20/2022
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File #: 22-0620, Version: 1
proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial, parks, a school and a fire station.
The Tentative Small Lot Map 8-04A shows how the proposed site would be divided up into smaller parcels creating the residential lots, a lot for multi-family, 49 lots for light industrial and commercial, and lots for the fire station, parks, school, and various accessory lots. The Tentative Large Lot Map shows how the proposed site would be divided up into 17 large lots to provide the developer an opportunity to sell larger blocks of developable land off while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.
The City Council approved the formation of the Community Facilities District (CFD) No. 2019-1 for Cannery Park II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and on-going services related to police, fire, parks, roads, and open space.
Up to the present time, City Council has approved eight final maps that created 840 residential lots, a school, public rights-of-ways, and easements.
Present Situation
KB Home North Bay, LLC, submitted a final map to complete the subdivision process for the earlier approved Tentative Maps. The subdivision name is Cannery Park Unit No. 10 (Village B), Tract No. 4043, and will subdivide the 6.59-acre project site into 33 lots for the construction of single-family residential homes, a non-residential lot (Lot A) for pedestrian access, and street right-of-way dedication. The residential lot sizes, ranging from 5,007 to 18,976 square feet, will be provided access through the project site to public streets.
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval are met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.
The final map was reviewed by the City Engineer for technical accuracy, substantial conformance with the approved tentative maps, and the required conditions are completed or incorporated within a Subdivision Agreement. The City Engineer 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 authorizes recordation of the Final Map. It is recommended that Council adopt the proposed resolution as KB Home North Bay, LLC fulfilled all necessary conditions.
FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of City of Stockton Page 2 of 3 Printed on 7/20/2022
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File #: 22-0620, Version: 1
$69,074.54 and deposited in various fee accounts in the Development Services Fund and Street Sign Public Facility Fee Fund. These fees and deposits are described in detail in Exhibit A of the Subdivision Agreement. All other fees will be assessed at the time building permits are issued.
Cannery Park, Unit No. 10 (Village B) will be incorporated into CFD No. 2019-1, which provides funding for the necessary infrastructure improvements and on-going City services related to police, fire, parks, roads, and open space to support the project development. There is no financial impact to the City because of the execution of the subdivision agreement. The developer bears the costs to construct the required infrastructure improvements and development of the subdivision.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 7/20/2022
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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
Cannery Park, Unit 10
(Village B) Vicinity Map
N
ATTACHMENT A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL
OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR CANNERY PARK, UNIT NO. 10 (VILLAGE B) - TRACT NO. 4043 Cannery Park, Unit No. 10 (Village B), Tract No. 4043 is located south of PFC Jesse Mizener and east of Holman Road; and
The project will subdivide an approximately 6.59-acre project site into 33 lots for the construction of single-family residential homes, a non-residential lot, and street rightof-way dedication; and The subdivider is KB Home North Bay California, LLC (Subdivider); and The Subdivider has submitted the Cannery Park, Unit No. 10 (Village B), Tract No. 4043, 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 public streets and utilities to be constructed within the subdivision unit, dedicating right of way easements, and posting security bonds 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 Cannery Park, Unit No. 10 (Village B), Tract No. 4043, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The certain Final Map, consisting of four sheets, entitled Cannery Park, Unit No. 10 (Village B), Tract No. 4043 filed with the City Clerk on July 26, 2022, is hereby approved as and for the Final Map of that certain subdivision known as Cannery Park, Unit No. 10 (Village B), Tract No. 4043, 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.
4. The approval and acceptance by the City on behalf of the public of Tract No. 4043, Subdivisions of San Joaquin County, Cannery Park, Unit No. 10 – Village B, 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 26, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1 After Recording Return To:
City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202
SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT (“Agreement”) is made and entered into as of _________________________ by and between the CITY OF STOCKTON, hereafter referred to as "CITY," and KB HOME NORTH BAY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER."
W I T N E S S E T H:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK, UNIT NO. 10 (VILLAGE B) -- TRACT NO. 4043 (TM 8-04) which Map has been checked and approved by the County Surveyor; and Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5438C) dated 6/3/21, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 13 are now on file in the Office of the City Engineer; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.
NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:
Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, EXHIBIT 1
2 street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer, which in the Engineer’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer.
Subdivider warrants that construction will not adversely affect any portion of adjacent properties.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.
Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.
The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.
Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.
City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this agreement; provided that in the event good cause is shown, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the EXHIBIT 1
3 owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing
monuments in the amount of (4 Monuments) ....................... $8,000.00 B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ......................................................................... $295,645.00 C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ....................................... $295,645.00 The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:
EXHIBIT 1
4 A. Security given for faithful performance shall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains satisfactory during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.
11. INDEMNITY AND HOLD HARMLESS AGREEMENT
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of EXHIBIT 1
5 or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITY’S liability, breach of this Agreement, or other obligation or fault has been determined. SUBDIVIDER shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER’S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless CITY its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance. SUBDIVIDER’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers’ compensation acts, disability acts, or other employee benefit acts.
INSURANCE REQUIREMENTS
Subdivider shall comply with the insurance requirements set forth in Exhibit B.
12. TITLE TO IMPROVEMENTS
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.
13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make EXHIBIT 1
6 the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $9,233.00 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.
14. SUBDIVIDER NOT AGENT OF CITY
Subdivider or any of Subdivider's agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivider's obligations under this agreement.
15. COST OF ENGINEERING AND INSPECTION
Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.
Plan Checking Fee = $20,590.70
Inspection Fee = $21,218.15
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
16. FILING FEES
Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $250.00 ($148 + $3/lot), a map filing fee of $3,526.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $104.00 and $290.00, respectively. City will forward the checks with the Map for recording.
17. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.
EXHIBIT 1
7 18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
19. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202
Notices required to be given to Subdivider shall be addressed as follows:
KB HOME NORTH BAY, LLC
4830 BUSINESS CENTER DR., SUITE 150
FAIRFIELD CA 94534
Notices required to be given to surety of Subdivider shall be addressed as follows:
LIBERTY MUTUAL INSURANCE COMPANY
633 W. 5TH STREET, SUITE 1200
LOS ANGELES, CA 90071
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
20. FIRE PROTECTION
No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be EXHIBIT 1
8 modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.
21. STREET TREE SECURITY
The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.
Street Tree Security: 37 trees @ $195 ea. X 125% = $9,018.75
22. STREET NAME SIGN FEE
The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.
Street Name Sign Fee: 2 signs @ $286.25 ea. = $572.50
23. SUMMARY OF FEES
The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.
24. BINDING UPON SUCCESSORS
This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.
25. ASSIGNMENT
Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of its rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign this Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreement and shall receive the immediate return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.
26. SPECIAL PROVISIONS
The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TM8-04 as shown in Exhibit C attached hereto, and the timing and EXHIBIT 1
9 implementation of said conditions shall be in accordance with the "Master Subdivision Agreement Cannery Park" attached hereto as Exhibit D, and hereby made a part of this agreement.
The property to be subdivided by the Map described herein shall participate in the Cannery Park Storm Water Quality Assessment District formed by City Council on November 15, 2005 by Resolution 05-0505.
Note: No building permits shall be issued until the Map described herein is recorded.
Note: Right-of-way dedication for bus turnouts, street right-of-way, and slope easements for grade separations shall be dedicated when necessary with the Map described herein.
ATTEST: CITY OF STOCKTON:
ELIZA R. GARZA, CMC HARRY BLACK
CITY CLERK CITY MANAGER
By By__________________________
APPROVED AS TO FORM: KB HOME NORTH BAY, LLC
OFFICE OF THE CITY ATTORNEY _____________________________ (PRINT NAME)
BY_________________________ BY__________________________
CITY ATTORNEY (SIGNATURE)
___________________________
(TITLE)
_____________________________
APPROVED BY CITY COUNCIL RESOLUTION NO.
_______________________ ON , 20 .
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT A
SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE .................................................................. $572.50 PLAN CHECK FEE .............. ........................................................ $22,009.49 INSPECTION FEE ............ ............................................................ $21,218.15 MATERIAL TESTING FEE ............................................................... $5,456.45 FILING FEE ........................ .......................................................... $3,526.00 TECH FEE ........................... ........................................................ $3,649.42 CRS FEE ...................................................................................... $2,919.53 CASH DEPOSIT ................................................................................ $9,233.00 COMPUTER MAPPING FEE ......... .................................................... $250.00 MUD IMAGING FEE .................... ..................................................... $240.00 ASSESSMENT DISTRICT SEGREGATION ............................................ $0.00 TOTAL .......... $69,074.54
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (4 Sheets) ......................................................................... $104.00 AGREEMENT (68 Sheets) ....................................................... $290.00 TOTAL .............. $394.00
BONDS
MONUMENT BOND .............................................................. $8,000.00 PERFORMANCE BOND ................................................... $295,645.00 LABOR AND MATERIAL BOND ....................................... $295,645.00 STREET TREE BOND .......................................................... $9,018.75 TOTAL ........ $608,308.75
13 EXHIBIT 1
14 SUMMARY OF FEES AND BONDS (CONT.)
PROPORTIONATE SHARES
GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF EIGHT MILE ROAD/HAM LANE ........................................................................ $884.67 EIGHT MILE ROAD/LEACH ROAD ................................................................... $884.67 EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD ......................................................................................... $1,829.94 EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $176.38 EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP ..................................................................... $446.45 MORADA LANE/HWY 99 WEST FRONTAGE
ROAD ................................................................................................................. $542.32 MORADA LANE/HWY 99 EAST FRONTAGE
ROAD ................................................................................................................. $707.69
BEAR CREEK PEDESTRIAN/
BICYCLE TRAIL ............................................................................................ $10,452.42 TEMPORARY PARK AND RIDE LOT ............................................................ $6,343.92 PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $12,375.00 STREET MICROSURFACING (686-0000-237.67-40) .................................... $9,491.47 TOTAL $44,134.93
EXHIBIT 1
15 Exhibit B:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds as described below.
6. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor 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 higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
EXHIBIT 1
16 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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.
2. For any claims related to this project, the Contractor’s insurance coverage shall be endorsed as primary insurance coverage 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 Contractor’s insurance and shall not contribute with it. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
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17 Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
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18 Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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19 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 circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
400 E Main Street, 3rd Floor – HR
Attn: City Risk Services
Stockton, CA 95202
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MASTER SUBDIVISION
AGREEMENT CANNERY PARK
The intent of this Master Subdivision Agreement is to provide an outline for the orderly implementation of the conditions of approval for TM8-04A&B. The timing and extent of the improvements referenced below are subject to changes in accordance with approval by the City of Stockton Public Works Director or City Engineer. Such changes, consistent with the above conditions of approval, are to be reflected in the subsequent subdivision agreements for each development phase of the Cannery Park Subdivision.
General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') whom subdivide property with the Cannery Park Subdivision shall comply with the following general conditions. These general conditions may be more specifically detailed in the development scenarios presented herein.
1. Comply with all applicable Federal, State, County, and City codes, regulations, and adopted standards and pay all applicable fees. (#1), (SPA#1)
2. Pursuant to Section 15091 and 15093 of the State CEQA Guidelines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2)
3. Tentative maps TM8-04A&B shall not be effective until the execution of the Annexation Memorandum of Understanding (MOU) by the applicant and the City, the effective date of the General Plan Amendment (GPA1-03), prezoning (Z-1-03) Specific Plan Amendment (SPA1-03) and Development Agreement (DA2-03) for this site, and the recordation of the Annexation (A-03-1) of this site to the City of Stockton. If annexation is not completed within two (2) years of the approval of the tentative map by the Planning Commission, this map shall be null and void. {#44)
4. Establish Covenants, Conditions and Restrictions (CC&Rs) for the maintenance of landscaping, structures and fences on the private properties and review of architectural design for residential structures within the subdivision area. The CC&Rs shall be subject to review and approval by the City Attorney and the Community Development Director prior to the issuance of the first residential building permit. The owners, developers and/or successors-in-interest shall be responsible for recordation of the CC&Rs and payment of recording expenses. The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs. (#45)
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Sanitary Sewer
1. Prepare and have approved a master plan to demonstrate that sewage generation by the proposed project can be accommodated within planned collection system improvements. The ODS shall design and construct all necessary improvements to the system to accommodate anticipated sewage generation and transmission. (#3)
Storm Drainage
1. Demonstrate to the satisfaction of the City Engineer that the storm water runoff generated by the proposed project can be accommodated with the planned storm water collection system improvements, as provided by the City's Standard Plans and Specifications. The ODS shall provide an alternative storm water collection plan if the proposed storm water collection system is determined to not have sufficient capacity. (#4)
2. The ODS of Lot 3 shall dedicate the Lot to the City of Stockton when determined necessary by the Director of the City of Stockton Municipal Utilities Department.
Traffic & Circulation (Analysis, Phasing and Dedication)
1. Conduct a queuing and traffic access analysis at proposed signalized intersections to determine appropriate intersection location and required turn pocket/lane length. (#8)
2. Prior to recordation of any part of these Tentative Maps (TM8-04A&B) as a Final Map (Parcel Map/Subdivision Map), the ODS shall enter into a Master Agreement to identify the timing/phasing of improvements and provide for appropriate improvement securities. (#26)
3. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the operational level of service at the Eight Mile Road/State Highway Route 99 interchange and Morada Lane/State Highway Route 99 interchange below level of service that conforms with State Urban Highway Standards. Said study shall be approved by the City and identified improvement timing shall be binding on the ODS. (#14) Traffic & Circulation (Design, Construction and/or Funding Proportionate Share)
1. The ODS shall be responsible for 100 percent of the design and construction costs of on-site roadway and intersection improvements and roadway extensions and public utilities identified on the Tentative Map and/or included in the project EIR, project description or as mitigation measures. Improvements include but are not limited to all sewer, water and storm drain lines, traffic signals, street lighting, street paving, curb, gutter and sidewalk. (#10)
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2. The ODS shall be responsible for their proportionate share, based on traffic loadings, of the costs for Project Study Reports (PSRs) and Project Reports (PRs) and necessary improvements described in the PSRs/PRs for the State Route 99 mainline system, the Morada Lane/State Route 99 overcrossing-interchange, and Eight Mile Road/State Route 99 overcrossing-interchange to provide a level-ofservice that conforms with State Urban Highway Standards. The ODS shall participate in a funding mechanism including, but not limited to: an assessment district (AD); area of benefit (AOB); or equivalent, and the ODS shall prepare and enter into an agreement with the City to establish the financing, design, construction, and timing of the PSRs, PRs and necessary improvements as identified. Said agreement shall be subject to the approval of the City Manager. (#15)
Eight Mile Road Specific Plan
1. If the improvements allowed by Specific Plan Amendment SPA1-03 are not constructed within five years, the Specific Plan Amendment shall be null and void. (SPA#6)
2. Specific Plan Amendment SPA1-03 shall not be effective until the effective date of annexation A-03-1. (SPA#7)
Domestic Water
1. The ODS shall conduct an engineering analysis, acceptable to the Director of Municipal Utilities, that demonstrates that the water system improvements to be constructed within the City of Stockton water service area are sufficient to meet the following conditions: (#28)
For ultimate build-out of the subdivision:
a. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 40 psi pressure at any location during the period of peak hour demand (peak hour demands shall be calculated at 175 percent of maximum daily demands).
b. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand (maximum day demands shall be calculated at 210 percent of the average day demands) combined with a fire flow of 2,000 gpm out of any fire hydrant in the residential portion of the subdivision.
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c. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 3,000 gpm out of any fire hydrant in the commercial and industrial areas of the subdivision.
For phased developments of units within a subdivision (interim development):
d. With a given system pressure of 45 psi at the existing points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 1,500 gpm out of any fire hydrant in the subdivision (maximum day demands shall be calculated at 210 percent of the average day demands).
2. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Non-potable Water (Landscape Irrigation)
1. The ODS shall prepare a master plan for the non-potable irrigation system for the withdrawal and use of non-potable water from the Woodbridge Irrigation District (WID) canal system that passes through the project site. The system will consist of an intake structure, pump and mains, etc. that would distribute non-potable water to parks, open space, streetscape, landscaping adjoining and within commercial and industrial areas within the project area. System operation will be coordinated by the City with financing provided by a maintenance district. The master plan shall be subject to the approval of the Municipal Utilities Director. The ODS shall construct the approved system to the satisfaction of the Director of Public Works and the Director of the Parks and Recreation Department. (#32) Landscape Maintenance District
1. Prior to recordation of any Final Map, the ODS shall form a new zone of the Stockton Consolidated Landscape Maintenance District 96-2, and approve an assessment providing for the subdivision's proportionate share of the costs to maintain public parks within the service area for this subdivision or serving this subdivision. (#30)
2. Prior to recordation of any Final Map, the ODS shall establish a maintenance entity acceptable to the Community Development Director, the Parks and Recreation Director and the Public Works Director to provide funding for the maintenance of improvements including, but not limited to, common area landscaping, landscaping in the right-of-way, sound walls and/or back-up walls, constructed for the special benefit of this subdivision. The maintenance entity shall also provide funding for EXHIBIT 1
the seasonal "ripping" offload control basin 2 and vector control within the basin. (#31)
Oak Tree Avoidance/mitigation
1. Removal of Oak trees shall be avoided whenever feasible. The owners, developers, and/or successors-in-interest shall coordinate the layout of project plans with the City Arborist and City Parks Facility Planner/Landscape Architect to minimize or eliminate Oak tree removals. If removal of an Oak tree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved by the City Parks and Recreation Department representatives. If on-site planting is not possible, the owners, developers, and/or successors-in-interest shall pay the City Parks and Recreation Department the estimated cost (as determined by the City Arborist or Parks Facility Planner/Landscape Architect) for the City to have the replacement Oak trees planted by private contract on a site deemed appropriate by the City Parks and Recreation Department representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (EIR1-03), as amended, and in the related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
In order to provide an appropriate and reliable Improvement/Development Plan for a mixed-use development with the component elements contained in the Cannery Park Subdivision, the Subdivision has been divided into five (5) Plan Areas (Exhibit 'X'). The on-site/in-tract improvements and the off-site improvements corresponding to subdivision map conditions are listed separately for each Plan Area.
Cannery Park Subdivision Plan Areas
The improvements associated with each Plan Area are as follows:
Plan Area 'A'
Plan Area 'A' encompasses approximately 112.65± acres and includes Lot 11, Lot 12 (elementary school site), Lot 13 (neighborhood park), and Lot 14. The following general conditions are associated with development within Plan Area 'A' for Lot 11:
General Conditions
Neighborhood Park
A1. Dedicate Lot 13 to the City of Stockton as a site for a Neighborhood Park.
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acre, which is the rate established for land cost by the public facilities fee program. (#38)
A2. Remove trash; fill debris, etc. from Lot 13 until acceptance of the park site by the City. (#35)
School Site
A3. A six (6) foot tall masonry wall shall be constructed between Lot 12 and Lot 13 (park site) if Lot 12 is no longer going to be a public-school site. Such wall shall be on Lot 12. (#37)
Easements
A4. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed along the western boundary of Lot 11. (#33)
The following on-site/in-tract improvements are required to be constructed to support development within Improvement Plan Area 'A' for Lot 11:
On-site/In-tract Improvements
Holman Road
A5. Construct the road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of the TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A6. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive.
A7. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive as depicted on the tentative map. (#17) A8. Construct a masonry sound wall along the west side of Holman Road from the southern boundary of the subdivision northward to the intersection with Lt. Col. Mark Taylor Street. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
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A9. Access to Holman Road shall be restricted except at public street intersections. (#7)
A10. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Lt. Col. Mark Taylor Street
A11. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
A12. Install a barricade per City of Stockton standards at a point adjoining the western and northern curb flare of the intersection of Lt. Col. Mark Taylor Street and Street 'P'.
A13. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
A14. Construct a masonry sound wall along the south side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the western property boundary. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) A15. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Minor roads and Collectors
A16. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A17. Design and install a traffic signal at the intersection of Holman Road and Lt.
Col. Mark Taylor Street /Hendrix Drive and an additional traffic signal at the intersection of Lt. Col. Mark Taylor Street and Street P. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10) EXHIBIT 1
Off-site Improvements
Other Roadwavs/lntersections
A18. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and Morada Lane/Hwy 99 East Frontage Road (interim improvements).
A19. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A20. Based upon the total gross acreage of land designated as single family residential on the Cannery Park Tentative Map (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 11 on TM8-04A&B (i.e., 53.13 acres), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 26.8%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
Note: If development of Lot 11 occurs prior to the development of Lot 14, the following off-site improvements shall occur:
Morada Lane/Hwy 99 Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
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A21. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A22. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 11 constructs the interim improvements identified in A21 and A22, the payment of a proportionate share of the cost of those improvements as defined in A18 above is not required.
The following general conditions are associated with development within Plan Area 'A' for Lot 14:
General Conditions
Fire Station
A23. Dedicate Lot YY as shown on TM8-04A&B to the City of Stockton for the development of a fire station and construct all frontage improvements. The City shall provide reimbursement for the fire station site at $130,000.00 per net acre, which is the rate established for land cost by the public facilities fee program. Reimbursement for the construction of frontage improvements shall be made pursuant to the Public Facilities Fee Administrative Guidelines. (#42a, #42b & #42c)
Neighborhood Park
A24. Dedicate Lot K as shown on TM8-04A&B to the City of Stockton as a site for a Neighborhood Park. The City shall provide reimbursement for the park site at $60,000.00 per net acre, which is the rate established for land cost by the public facilities fee program. (#38)
A25. Remove trash; fill debris, etc. from Lot K as shown on TM8-04A&B until EXHIBIT 1
acceptance of the park site by the City. (#35)
Land Use Compatibility
A26. Install a barricade to City standards to terminate connection of the project with land uses along Waller Road. (#23)
Easements
A27. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
The following on-site/in-tract improvements are required to be constructed to support development within Plan Area 'A' for Lot 14:
On-site/In-tract Improvements
Holman Road
A28. Construct the road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A29. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.
A30. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) A31. Construct a masonry sound wall along the east side of Holman Road from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
A32. Access to Holman Road shall be restricted except at public street intersections. (#7)
A33. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Minor roads and Collectors
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A34. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A35. Design and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
Off-site Improvements
Other Roadways/Intersections
A36. Based upon the total daily trip generation rate for Cannery Park (i.e.,48,726) compared to the total daily trip generation estimate associated with the Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and Morada Lane/Hwy 99 East Frontage Road (interim improvements).
A37. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two-percent (2%), Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A38. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 14 on TM8-04A&B (i.e., 45.00 acres), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 22.7%) of the costs associated with the following improvements:
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Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on Lot 17.
Note: If development of Lot 14 occurs prior to the development of Lot 11, the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
A39. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A40. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 14 constructs the interim improvements identified in A39 and A40, the payment of a proportionate share of the cost of those improvements as defined in A36 above is not required.
Plan Area 'B'
Plan Area 'B' encompasses approximately 99.86± acres consisting of Lot 7, Lot 8, Lot 9 and Lot 10. The following general conditions are associated with development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
General Conditions
Domestic Water
B1. The owner/subdivider of Lot 10 shall dedicate Lot MM as associated with the adjacent park and as shown on TM8-04A to the City of Stockton to be used exclusively as a water well site. If the Municipal Utilities Director EXHIBIT 1
determines that the water well site is required before the re-subdivision of Lot 10, then the owner of Lot 10 shall dedicate a lot exclusively for use as a water well site. The lot, its location, and all necessary easements shall be subject to the approval of the Municipal Utilities Director. (#27) Bikeway, Pedestrian Pathway & Crossings
B2. All crossings of Holman Road proposed for bikeway/pedestrian purposes (i.e., "Parkway" and Bear Creek) shall be grade separated or occur at pedestrian actuated (midblock) signals. (#22)
B3. The Final Map prepared for Lot 9 and Lot 10 shall show those access point dedications along the south side of Bear Creek that are associated with the class one bike trail. All access points will need to be a separate lot acquired and improved by the ODS. All plans and improvements shall be subject to approval by the City Parks and Recreation Department, the City Police Department and the City Public Works Department. (#34)
B4. The owner/subdivider of Lot 10 shall provide appropriate security, design and install a bikeway/pedestrian walkway along the south side of the Bear Creek drainage corridor. The bikeway/pedestrian walkway shall consist of an asphalt or concrete bike path as proposed in the project environmental document. Provide a Master Plan for the bikeway/pedestrian walkway prior to approval of the Final Map. The Master Plan shall contain but not be limited to the following component plans: signage, bollards, public access, landscaping, fencing, security (including hours of operation), and maintenance (including litter removal). A consolidated maintenance district will be responsible for litter clean-up for the Bear Creek Corridor. The master plan shall be subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40), (#48) B5. Prior to the recording a Final Subdivision Map within Plan Area B, design and submit to the Union Pacific Railroad (UPRR) the plans necessary to obtain UPRR approval of an a bikeway/pedestrian walkway crossing of the UPRR right-of-way along the south levee bank of Bear Creek.
Easements
B6. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
B7. The Final Map for Lot 9 and Lot 10 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
EXHIBIT 1
B8. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed on the western side of Lot 10. (#33)
Disclosure/Notification
B9. The owner/subdivider of Lot 10 shall disclose to all prospective home buyers as a condition of sale and prior to the opening of escrow, the existence of any present or former remediation site (lead or any other contaminant) within the project boundaries. (#43)
The following on-site/in-tract improvements are necessary to support development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
On-site/In-tract Improvements Holman Road
B10. Prior to recording a final subdivision map within Lot 7, Lot 8, or Lot 10 within Plan Area B, prepare preliminary design plans and submit permit applications with Federal and State permitting agencies for the Holman Road Bridge crossing at Bear Creek and extension of Holman Road to Eight Mile Road. If the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek, then prior to recording any additional final subdivision maps within Plan Area B, design and submit for City approval plans for the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. Upon approval of the Homan Road Bridge and extension plans by the City, initiate the construction of the extension of Holman Road to Eight Mile Road and the Holman Road Bridge crossing at Bear Creek. To assure adequate rightof-way is reserved to accommodate the Holman Road Bridge crossing at Bear Creek, no final subdivision map(s) shall be recorded within Lot 9 until the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek. Include median lighting. (#11)
B11. Concurrent with the construction of the extension of Holman Road to Eight Mile Road, install barricades per City of Stockton standards at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive.
B12. Install bus turnouts at the intersection of Holman Road and Pfc Jessie Mizener Street and Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
B13. The owner/subdivider of Lot 8 and Lot 9 shall construct a masonry sound EXHIBIT 1
wall along the east side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B14. The owner/subdivider of Lot 10 shall construct a masonry sound wall along the west side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B15. Access to Holman Road shall be restricted except at public street intersections. (#7)
B16. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Storm Water/Holman Road North of Bear Creek
B17. The construction of Holman Road north of Bear Creek to Eight Mile Road prior to development occurring in Plan Area C, D or E will require the design and construction of an interim drainage facility to address runoff from construction of the required roadway improvements north of Bear Creek.
The design of the interim drainage facility and its construction is subject the approval of the Director of Municipal Utilities and the Public Works Director.
Lt. Col. Mark Taylor Street
B18. The owner/subdivider of Lot 10 shall construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection of Lt. Col. Mark Taylor Street and Street 'P' to the western boundary of Cannery Park TM8-04A&B at a time determined to be appropriate by the Public Works Director.
B19. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
B20. Construct a masonry sound wall along the north side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the property boundary. The height of the soundwalls shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B21. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development EXHIBIT 1
Director and the Parks and Recreation Director. (#40)
Pfc. Jessie Mizener Street
The owner/subdivider of Lot 7, Lot 8 or Lot 9 shall construct Pfc Jessie Mizener Street pursuant to the following improvement conditions. Note: In the event that the Holman Road Road/Bear Creek Bridge is not granted its environmental permits allowing for its construction, and security has been provided for the construction of the bridge and Holman Road to Eight Mile Road, then in order to accommodate the daily trips from Improvement Plan Area B, the first final map within Plan Area B (i.e., Lot 7, Lot 8, Lot 9 or Lot 10) shall include the construction of Pfc Jessie Mizener Street pursuant to the dimensions and segment length described in B26 below.
B22. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Holman Road and Pfc Jessie Mizener Street to the State Route Hwy 99 Frontage Road.
B23. Install a barricade per City of Stockton standards at the intersection of Pfc Jessie Mizener Street and Collector A.
B24. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
B25. The owner/subdivider of Lot 9 shall construct a masonry sound wall along the north side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward across the southern property boundary intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B26. The owner/subdivider of Lot 8 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward along the northern boundary of the property intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B27. The owner/subdivider of Lot 7 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern boundary of the Woodbridge Irrigation District canal easement (Lot GG) EXHIBIT 1
eastward along the northern boundary of the property intersecting with the western boundary of Lot 5; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B28. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Traffic Signals/Intersection Improvements
B29. Design and install traffic signals at the intersection of Holman Road and Pfc Jessie Mizener Street. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Minor roads and Collectors
B30. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Off-site Improvements
Eight Mile Road
B31. Prior to recording a final subdivision map within Plan Area B, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section B31 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road in conformance with Section B10 above. (#10), (#13) Other Intersections/Roadways
B32. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total dally trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,
1.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
EXHIBIT 1
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/l-lwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B33. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,
1.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B34. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,
1.32%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B35. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,
1.32%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B36. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., EXHIBIT 1
1.73%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B37. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) B38. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B39. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
EXHIBIT 1
B40. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 7 on TM8-04A&B (i.e., 9.01 acres), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 4.6%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B41. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 8 on TM8-04A&B (i.e., 6.59 acres), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 3.3%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B42. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 9 on TM8-04A&B (i.e., 9.29 acres), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 4.7%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B43. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 10 on TM8-04A&B (i.e., 74.97 acres), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 37.9%) of the costs associated with the following improvements:
Temporary Park & Ride Lot to be located on lot 17.
Note: If development occurs within Plan Area 'B' prior to occurring in Plan Area 'A', the following on-site/in-tract improvements shall occur:
Holman Road
B44. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from southern boundary of TM8-04A&8 to the Woodbridge Irrigation canal easement.
Include median lighting. (#11)
EXHIBIT 1
B45. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.
B46. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) B47. Access to Holman Road shall be restricted except at public street intersections. (#7)
Lt. Col. Mark Taylor Street
B48. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
Traffic Signals/Intersection Improvements
B49. Design and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
Off-site Improvements
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B50. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B51. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EXHIBIT 1
EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B52. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) N8 – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B50, B51 and B52, the payment of a proportionate share of the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
Note: If development occurs in Improvement Plan Area 'B' prior to occurring in Improvement Plan Area 'A', the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B53. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane B54. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B53 and B54, the payment of a proportionate share of EXHIBIT 1
the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
Plan Area 'C'
Plan Area 'C' encompasses approximately 73.52± acres of light industrial/business park uses, consisting of the Lot 1, Lot 2 and Lot 3. The following general conditions are associated with development within Improvement Plan Area 'C':
General Conditions
Storm Water
C1. The owner/subdivider of Lot 1 and Lot 2 shall provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
Easements
C2. The owner/subdivider of Lot 2 shall comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25) C3. The Final Map for Lot 1 and Lot 2 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
C4. Provide non-exclusive access easements within the industrial and commercial areas as necessary to provide all required lot accesses. (#24) Transportation System Management
C5. The owner/subdivider of Lots 1 and 2 shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development EXHIBIT 1
within Improvement Plan Area 'C':
On-site/In-tract Improvements
Signature Drive
C6. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) from Eight Mile Road southward as depicted on TM8-04A&B.
Cannery Circle
C7. The owner/subdivider of Lot 2 shall dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road westward approximately 365 feet as depicted on the tentative map. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) as depicted on TM8-04A&B.
Off-site Improvements
Golfview Road
C8. Design and construct a traffic signal at the future intersection of Eight Mile Road/Golfview Road/Signature Drive and stripe to provide the following lane configuration (#10), (#13), (#16)
NB – one left-turn lane and 1through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and two through lanes
WB – one through lane and one through/right-turn shared lane Other Roadways/Intersections
C9. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
EXHIBIT 1
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C10. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the two-percent (2%) share of the cost of roadway improvements at the West lane/Arterial A intersection. (#16) C11. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C12. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B' or 'D', the following on-site/in- tract improvements shall occur:
Holman Road
C13. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) EXHIBIT 1
C14. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on TM8-04A&B. (#17)
C15. Access to Holman Road shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
C16. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B', 'D' or 'E', the following off-site improvements shall occur:
Eight Mile Road
C17. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
C18. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) C19. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
C20. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
C21. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) C22. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment EXHIBIT 1
and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
C23. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C24. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C25. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB - one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 1 or Lot 2 constructs the interim improvements identified in C23, C24 and C25, the payment of a proportionate share of the cost of those improvements as defined in C9 and C11 above is not required of the owner/subdivider who constructed said improvements.
Improvement Plan Area 'D'
Improvement Plan Area 'D' encompasses approximately 32.09± acres of business park/commercial uses consisting of Lot 4. The following general conditions are EXHIBIT 1
associated with development within Improvement Plan Area 'D' Lot 4 (Parcels 22 through 36):
General Conditions Easements
D1. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
D2. The Final Map for Lot 4 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
Transportation System Management
D3. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
Note: If construction occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Area 'C', the following improvement shall occur:
Storm Water
D4. Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'D' Lot 4:
On-site/in-tract Improvements
Tri-Valley Drive
D5. Dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road eastward approximately 300 feet and from Collector A westward EXHIBIT 1
approximately 300 feet as depicted on the tentative map. Dedicate the rightof-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) for the mid-section of the roadway as depicted on TM8-04A&B.
Collector A
D6. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.
D7. Install a barricade per City of Stockton standards at the southern curb flare of the intersection of Collector A and Tri-valley Drive.
D8. Access to Collector A shall be restricted within 300 feet from any street intersection, driveway or creek. Any access within 500 feet from a street intersection/traffic signal shall be right-in/right-out only. (#7) D9. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
D10. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a traffic signal shall be installed to use the access. (SPA#4)
Collector A/Bear Creek Bridge
D11. The owner/subdivider of Lot 4 shall pay a proportionate share of the cost associated with the design and construction of the Collector A/Bear Creek Bridge. The proportionate shall be based upon a percentage of the total gross acreage of land associated with Lot 4, Lot 5 and lot 6 (i.e., 99.83 acres). The total gross acreage associated with Lot 4 on TM8-04A&B is
32.09 acres. The owner/subdivider of Lot 4 shall pay 32% of the cost to design and construct the Collector A/Bear Creek Bridge.
Traffic Signals/lntersection Improvements
D12. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
D13. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
EXHIBIT 1
Off-site Improvements
Other Roadways/Intersections
D14. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
D15.The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B' or 'C', the following on-site/in- tract improvements shall occur:
Holman Road
D16. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) D17. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
D18. Access to Holman Road shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
EXHIBIT 1
D19. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B', 'C' or 'E', the following off-site improvements shall occur:
Eight Mile Road
D20. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6)
D21. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) D22. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
D23. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
D24. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) D25. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
EXHIBIT 1
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
D26. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations. (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D27. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D28. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 4 constructs the interim improvements identified in D26, D27 & D28, the payment of a proportionate share of the cost of those improvements as defined in D14 above is not required.
Plan Area 'E'
Plan Area 'E' encompasses approximately 67.74± acres consisting of the Lot 5 and Lot 6. The following general conditions are associated with development within Plan Area 'E' Lot 5 and Lot 6:
General Conditions
Easements
E1. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
EXHIBIT 1
E2. The Final Map for Lot 5 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18
Transportation System Management
E3. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'E' Lot 5 and Lot 6:
On-site/In-tract Improvements
Collector A
E4. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the southern curb flare of the intersection of Tri-Valley Drive and Collector A southward across Bear Creek to an intersection with Pfc Jessie Mizener Street.
E5. Access to Collector A shall be restricted within 300 feet from any street intersection, driveway or creek. Any access within 500 feet from a street intersection/traffic signal shall be right-in/right-out only. (#7) Collector A/Bear Creek Bridge
E6. Based on the timing of development, the owner/subdivider of Lot 5 or Lot 6 shall provide appropriate security, design and construct the Collector A Bridge across Bear Creek. The owner/subdivider of Lot 5 and Lot 6 shall pay a proportionate share of the cost associated with the design and construction of the Collector A/Bear Creek Bridge. The proportionate share shall be based upon a percentage of the total gross acreage of land associated with Lot 4 (Lot 4 is conditioned to contribute 32% of the cost to design and construct the bridge), Lot 5 and Lot 6 (i.e., 99.83 acres). The EXHIBIT 1
total gross acreage associated with Lot 5 on TM8-04A&B is 55.87 acres.
The owner/subdivider of Lot 5 shall pay 56% of the cost to design and construct the Collector A/Bear Creek Bridge. The total gross acreage associated with Lot 6 on TM8-04A&B is 11.87 acres. The owner/subdivider of Lot 6 shall pay 12% of the cost to design and construct the Collector A/Bear Creek Bridge.
Off-site Improvements
State Route 99 Frontage Road
E7. The owner/subdivider of Lot 6 shall dedicate 50 feet of right-of-way along the State Highway Route 99 West Frontage Road, from Collector "B" to the south property line at Lot F, and install frontage improvements, including but not limited to curb, gutter, sidewalk, and street lighting along the property frontage of Lot F. Note: This condition is not required if the dedication is already included as a component of another recorded map. (#9) Other Roadways/Intersections
E8. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E9. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
E10. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 EXHIBIT 1
(i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E11. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 (i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in improvement Plan Area 'C' or 'D', the following improvement shall occur:
Storm Water
E12. Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Area 'B', the following improvement shall occur:
Collector A
E13. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.
E14. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
E15. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a traffic signal EXHIBIT 1
shall be installed to use the access. (SPA#4)
Traffic Signals/Intersection Improvements
E16. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
E17. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Pfc Jessie Mizener Street
E18. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Collector A eastward to the State Route Hwy 99 Frontage Road.
E19. Install a barricade per City of Stockton standards at the western most curb flare of the intersection of Pfc Jessie Mizener Street and Collector A.
E20. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
E21. Design and install a traffic signal at the intersection of Collector A and Pfc Jessie Mizener Street. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Areas 'B', 'C' or 'D', the following off-site improvements shall occur:
Eight Mile Road
E22. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
E23. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) EXHIBIT 1
E24. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
E25. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
E26. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) E27. Prior to recording a final subdivision map or obtaining site plan approval within Plan Area E, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section E27 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
E28. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E29. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) EXHIBIT 1
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E30. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 5 or Lot 6 constructs the interim improvements identified in E28, E29 and E30, the payment of a proportionate share of the cost of those improvements as defined in E8 and E10 above is not required of owner/subdivider who constructs said improvements.
EXHIBIT 1
EXHIBIT 2
N 300 150 0 300 600 SCALE: 1" = 300' SECTION LINE 1/4 SECTION CORNER FD. BOLT & WASHER IN MON. WELL (17-RS-28) EXISTING CITY LIMITS EIGHT MILE ROAD MICKE
GROVE
ROAD
HOLMAN
ROAD PFC JESSE MIZENER STREETFD. CHISELED "+" C.O.S. MON 9N-18 (295) (R2) N=2206903.38 E=6342976.01 SECTION CORNER FD. BOLT & WASHER IN MON. WELL (17-RS-28) FD. BRASS DISK IN MON. WELL C.O.S. MON 9N-14 (291) (R2) N=2208403.08 E=6337900.73 (BASIS OF BEARINGS) S73°32'17"E 5292.24'(M & R2-GRID) 5292.53'(M & R2-GROUND) N53°40'35"W 23712.57'(M-GRID) 3712.77'(M-GROUND) S71°26'56"W 2198.38'(M-GRID) 2198.50'(M-GROUND) BEAR CREEK BEAR CREEK TRI VALLEY DRIVE UNION PACIFIC RAILROAD (S.P.R.R.)
STATE HIGHWAY ROUTE NO. 99 TOWNSHIP LINE LOT 8 (R1) CANNERY CIRCLE
EXHIBIT
2 Δ Δ N 50 25 0 50 100 SCALE: 1" = 50' PFC JESSE MIZENER STREET HOLMAN ROAD SUGARHILL WAY
SUGARHILL WAY
ALLMAN DRIVE PFC JESSE MIZENER STREET SUGARHILL WAY
EXHIBIT
2 EXHIBIT 2
City of Stockton
Legislation Text
File #: 22-0622, Version: 1
ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 12 (VILLAGE C) TRACT NO. 4076 PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the final map for Cannery Park, Unit No. 12 (Village C), Tract No. 4076;
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 Cannery Park, Unit No. 12 (Village C), Tract No. 4076; and
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 a Subdivision Agreement between KB Home North Bay, LLC, accept all offers of dedication, and record the map for Cannery Park, Unit No. 12 (Village C), Tract No. 4076. The subdivision contains 20.88 acres divided into 45 lots for the construction of single-family residential homes, a remainder lot, and street right-of-way dedication. The final map complies with the Tentative Maps (TM 8-04 A&B) approved by the Planning Commission on August 12, 2004, and approved development conditions.
The proposed property subdivision is located south of PFC Jesse Mizener Street and east of Holman Road (Attachment A - Vicinity Map).
Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the Tentative Map conditions 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. It is recommended that Council adopt the proposed resolution as KB Home North Bay, LLC fulfilled all necessary conditions.
DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Pre-zoning and Development Agreement. On September 14, 2004, City Council approved the Planning Commission and Staff recommendations. The Project City of Stockton Page 1 of 3 Printed on 7/20/2022
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File #: 22-0622, Version: 1
proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial, parks, a school and a fire station.
The Tentative Small Lot Map 8-04A shows how the proposed site would be divided up into smaller parcels creating the residential lots, a lot for multi-family, 49 lots for light industrial and commercial, and lots for the fire station, parks, school, and various accessory lots. The Tentative Large Lot Map shows how the proposed site would be divided up into 17 large lots to provide the developer an opportunity to sell larger blocks of developable land off while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.
The City Council approved the formation of the Community Facilities District (CFD) No. 2019-1 for Cannery Park II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and on-going services related to police, fire, parks, roads, and open space.
Up to the present time, City Council has approved eight final maps that created 840 residential lots, a school, public rights-of-ways, and easements.
Present Situation
KB Home North Bay, LLC, submitted a final map to complete the subdivision process for the earlier approved Tentative Maps. The subdivision name is Cannery Park Unit No. 12 (Village C), Tract No. 4076, and will subdivide the 20.88-acre project site into 45 lots for the construction of single-family residential homes, a remainder lot, and street right-of-way dedication. The residential lot sizes, ranging from 5,025 to 10,931 square feet, will be provided access through the project site to public streets.
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval are met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.
The Final Map was reviewed by the City Engineer for technical accuracy, substantial conformance with the approved tentative maps, and the required conditions are completed or incorporated within a Subdivision Agreement. The City Engineer 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 authorizes recordation of the final map. It is recommended that Council adopt the proposed resolution as KB Home North Bay, LLC fulfilled all necessary conditions.
FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of City of Stockton Page 2 of 3 Printed on 7/20/2022
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File #: 22-0622, Version: 1
$104,737.15 and deposited in various fee accounts in the Development Services Fund and Street Sign Public Facility Fee Fund. These fees and deposits are described in detail in Exhibit A of the Subdivision Agreement. All other fees will be assessed at the time building permits are issued.
Cannery Park, Unit No. 12 (Village C) will be incorporated into CFD No. 2019-1, which provides funding for the necessary infrastructure improvements and on-going City services related to police, fire, parks, roads, and open space to support the project development. There is no financial impact to the City because of the execution of the Subdivision Agreement. The developer bears the costs to construct the required infrastructure improvements and development of the subdivision.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 7/20/2022
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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
Cannery Park, Unit 12
(Village C) Vicinity Map
ATTACHMENT A
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SUBDIVISION AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL
OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR CANNERY PARK, UNIT NO. 12 (VILLAGE C) - TRACT NO. 4076 Cannery Park, Unit No. 12 (Village C), Tract No. 4076 is located south of PFC Jesse Mizener and east of Holman Road; and
The project will subdivide an approximately 20.88-acre project site into 45 lots for the construction of single-family residential homes, a remainder lot, and street right-ofway dedication; and The subdivider is KB Home North Bay California, LLC (Subdivider); and The Subdivider has submitted the Cannery Park, Unit No. 12 (Village C), Tract No. 4076, 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 public streets and utilities to be constructed within the subdivision unit, dedicating right of way easements, and posting security bonds 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 Cannery Park, Unit No. 12 (Village C), Tract No. 4076, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The certain Final Map, consisting of five sheets, entitled Cannery Park, Unit No. 12 (Village C), Tract No. 4076 filed with the City Clerk on July 26, 2022, is hereby approved as and for the Final Map of that certain subdivision known as Cannery Park, Unit No. 12 (Village C), Tract No. 4076, 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.
4. The approval and acceptance by the City on behalf of the public of Tract No. 4076, Subdivisions of San Joaquin County, Cannery Park, Unit No. 12 – Village C, 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 26, 2022 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
1 After Recording Return To:
City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202
SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT (“Agreement”) is made and entered into as of _________________________ by and between the CITY OF STOCKTON, hereafter referred to as "CITY," and KB HOME NORTH BAY, LLC, A DELAWARE LIMITED LIABILITY COMPANY, hereinafter referred to as "SUBDIVIDER."
W I T N E S S E T H:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK, UNIT NO. 12 (VILLAGE C) -- TRACT NO. 4076 (TM 8-04) which Map has been checked and approved by the County Surveyor; and Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5456C) dated 9/13/21, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 17 are now on file in the Office of the City Engineer; and This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.
NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:
1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:
Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, EXHIBIT 1
2 street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer, which in the Engineer’s opinion, are necessary or required to complete the work.
2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer.
Subdivider warrants that construction will not adversely affect any portion of adjacent properties.
3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.
Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.
The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.
Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.
Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.
City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.
4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this agreement; provided that in the event good cause is shown, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.
5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the EXHIBIT 1
3 owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.
6. UTILITY DEPOSITS: STATEMENT
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.
7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.
8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.
9. INSPECTION BY CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.
10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:
A. A cash bond guaranteeing payment for placing
monuments in the amount of (5 Monuments) ..................... $10,000.00 B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ......................................................................... $549,754.00 C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ....................................... $549,754.00 The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:
EXHIBIT 1
4 A. Security given for faithful performance shall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.
B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.
C. The security guaranteeing that the completed work remains satisfactory during the required 1-year warranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.
D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.
In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.
11. INDEMNITY AND HOLD HARMLESS AGREEMENT
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER’S sole cost and expense, and hold harmless CITY, its Mayor, Council, officials, representatives, agents employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.
With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER’S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of EXHIBIT 1
5 or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER’S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER’S duties and obligations to defend the CITY shall apply regardless of whether or not the issue of the CITY’S liability, breach of this Agreement, or other obligation or fault has been determined. SUBDIVIDER shall be immediately obligated to pay for CITY’S defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER’S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless CITY its Mayor, Council, officials, representatives, agents employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys’ fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance. SUBDIVIDER’S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers’ compensation acts, disability acts, or other employee benefit acts.
INSURANCE REQUIREMENTS
Subdivider shall comply with the insurance requirements set forth in Exhibit B.
12. TITLE TO IMPROVEMENTS
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.
13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make EXHIBIT 1
6 the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $10,995.00 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.
14. SUBDIVIDER NOT AGENT OF CITY
Subdivider or any of Subdivider's agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivider's obligations under this agreement.
15. COST OF ENGINEERING AND INSPECTION
Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.
Plan Checking Fee = $32,622.18
Inspection Fee = $39,055.82
No work shall be performed without inspection by the City. Any work performed without an inspection will not be accepted by the City.
All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.
If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.
16. FILING FEES
Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $283.00 ($148 + $3/lot), a map filing fee of $3,526.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $107.00 and $290.00, respectively. City will forward the checks with the Map for recording.
17. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.
EXHIBIT 1
7 18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within ten (10) days after the serving upon it of such notice of breach does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.
19. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202
Notices required to be given to Subdivider shall be addressed as follows:
KB HOME NORTH BAY, LLC
4830 BUSINESS CENTER DR., SUITE 150
FAIRFIELD CA 94534
Notices required to be given to surety of Subdivider shall be addressed as follows:
LIBERTY MUTUAL INSURANCE COMPANY
633 W. 5TH STREET, SUITE 1200
LOS ANGELES, CA 90071
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.
20. FIRE PROTECTION
No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be EXHIBIT 1
8 modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.
21. STREET TREE SECURITY
The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.
Street Tree Security: 55 trees @ $195 ea. X 125% = $13,406.25
22. STREET NAME SIGN FEE
The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.
Street Name Sign Fee: 5 signs @ $286.25 ea. = $1,431.25.00
23. SUMMARY OF FEES
The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.
24. BINDING UPON SUCCESSORS
This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.
25. ASSIGNMENT
Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of its rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign this Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider’s interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreement and shall receive the immediate return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.
26. SPECIAL PROVISIONS
The subdivision of the property subject to the Map described herein shall be subject to the tentative map conditions in TM8-04 as shown in Exhibit C attached hereto, and the timing and EXHIBIT 1
9 implementation of said conditions shall be in accordance with the "Master Subdivision Agreement Cannery Park" attached hereto as Exhibit D, and hereby made a part of this agreement.
The property to be subdivided by the Map described herein shall participate in the Cannery Park Storm Water Quality Assessment District formed by City Council on November 15, 2005 by Resolution 05-0505.
Note: No building permits shall be issued until the Map described herein is recorded.
Note: Right-of-way dedication for bus turnouts, street right-of-way, and slope easements for grade separations shall be dedicated when necessary with the Map described herein.
ATTEST: CITY OF STOCKTON:
ELIZA R. GARZA, CMC HARRY BLACK
CITY CLERK CITY MANAGER
By By__________________________
APPROVED AS TO FORM: KB HOME NORTH BAY, LLC
OFFICE OF THE CITY ATTORNEY _____________________________ (PRINT NAME)
BY_________________________ BY__________________________
CITY ATTORNEY (SIGNATURE)
___________________________
(TITLE)
_____________________________
APPROVED BY CITY COUNCIL RESOLUTION NO. ______________________ ON , 20 .
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
EXHIBIT A
SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE ............................................................... $1,431.25 PLAN CHECK FEE ...................................................................... $32,622.18 INSPECTION FEE ............ ............................................................ $39,055.82 MATERIAL TESTING FEE ............................................................... $7,123.77 FILING FEE ........................ .......................................................... $3,526.00 TECH FEE ........................... ........................................................ $5,657.78 CRS FEE ...................................................................................... $3,802.35 CASH DEPOSIT .............................................................................. $10,995.00 COMPUTER MAPPING FEE ......... .................................................... $283.00 MUD IMAGING FEE ......................................................................... $240.00 ASSESSMENT DISTRICT SEGREGATION ............................................ $0.00 TOTAL ........ $104,737.15
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (5 Sheets) ......................................................................... $107.00 AGREEMENT (68 Sheets) ....................................................... $290.00 TOTAL .............. $397.00
BONDS
MONUMENT BOND ............................................................ $10,000.00 PERFORMANCE BOND ................................................... $549,754.00 LABOR AND MATERIAL BOND ....................................... $549,754.00 STREET TREE BOND ........................................................ $13,406.25 TOTAL ..... $1,122,914.25
13 EXHIBIT 1
14 SUMMARY OF FEES AND BONDS (CONT.)
PROPORTIONATE SHARES
GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF EIGHT MILE ROAD/HAM LANE ..................................................................... $1,105.84 EIGHT MILE ROAD/LEACH ROAD ................................................................ $1,105.84 EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD ......................................................................................... $2,287.42 EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $220.48 EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP ..................................................................... $558.06 MORADA LANE/HWY 99 WEST FRONTAGE
ROAD ................................................................................................................. $677.89 MORADA LANE/HWY 99 EAST FRONTAGE
ROAD ................................................................................................................. $884.61
BEAR CREEK PEDESTRIAN/
BICYCLE TRAIL ............................................................................................ $14,570.04 TEMPORARY PARK AND RIDE LOT ............................................................ $8,843.04 PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $16,875.00 STREET MICROSURFACING (686-0000-237.67-40) .................................. $11,587.60 TOTAL $58,715.82
EXHIBIT 1
15 Exhibit B:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds as described below.
6. Professional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
If the contractor 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 higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
EXHIBIT 1
16 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton Risk Services. At the option of the City of Stockton, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the City of Stockton, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City of Stockton guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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.
2. For any claims related to this project, the Contractor’s insurance coverage shall be endorsed as primary insurance coverage 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 Contractor’s insurance and shall not contribute with it. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
EXHIBIT 1
17 Claims Made Policies – (Note – applicable only to professional and/or pollution liability)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:
VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
EXHIBIT 1
18 Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
Contractor shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid bond
2. Performance bond
3. Payment bond (or Labor and Material bond)
4. Maintenance bond
The Payment Bond and the Performance Bond shall be in a sum equal to one hundred percent (100%) of the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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19 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 circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton
400 E Main Street, 3rd Floor – HR
Attn: City Risk Services
Stockton, CA 95202
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MASTER SUBDIVISION
AGREEMENT CANNERY PARK
The intent of this Master Subdivision Agreement is to provide an outline for the orderly implementation of the conditions of approval for TM8-04A&B. The timing and extent of the improvements referenced below are subject to changes in accordance with approval by the City of Stockton Public Works Director or City Engineer. Such changes, consistent with the above conditions of approval, are to be reflected in the subsequent subdivision agreements for each development phase of the Cannery Park Subdivision.
General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') whom subdivide property with the Cannery Park Subdivision shall comply with the following general conditions. These general conditions may be more specifically detailed in the development scenarios presented herein.
1. Comply with all applicable Federal, State, County, and City codes, regulations, and adopted standards and pay all applicable fees. (#1), (SPA#1)
2. Pursuant to Section 15091 and 15093 of the State CEQA Guidelines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2)
3. Tentative maps TM8-04A&B shall not be effective until the execution of the Annexation Memorandum of Understanding (MOU) by the applicant and the City, the effective date of the General Plan Amendment (GPA1-03), prezoning (Z-1-03) Specific Plan Amendment (SPA1-03) and Development Agreement (DA2-03) for this site, and the recordation of the Annexation (A-03-1) of this site to the City of Stockton. If annexation is not completed within two (2) years of the approval of the tentative map by the Planning Commission, this map shall be null and void. {#44)
4. Establish Covenants, Conditions and Restrictions (CC&Rs) for the maintenance of landscaping, structures and fences on the private properties and review of architectural design for residential structures within the subdivision area. The CC&Rs shall be subject to review and approval by the City Attorney and the Community Development Director prior to the issuance of the first residential building permit. The owners, developers and/or successors-in-interest shall be responsible for recordation of the CC&Rs and payment of recording expenses. The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs. (#45)
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Sanitary Sewer
1. Prepare and have approved a master plan to demonstrate that sewage generation by the proposed project can be accommodated within planned collection system improvements. The ODS shall design and construct all necessary improvements to the system to accommodate anticipated sewage generation and transmission. (#3)
Storm Drainage
1. Demonstrate to the satisfaction of the City Engineer that the storm water runoff generated by the proposed project can be accommodated with the planned storm water collection system improvements, as provided by the City's Standard Plans and Specifications. The ODS shall provide an alternative storm water collection plan if the proposed storm water collection system is determined to not have sufficient capacity. (#4)
2. The ODS of Lot 3 shall dedicate the Lot to the City of Stockton when determined necessary by the Director of the City of Stockton Municipal Utilities Department.
Traffic & Circulation (Analysis, Phasing and Dedication)
1. Conduct a queuing and traffic access analysis at proposed signalized intersections to determine appropriate intersection location and required turn pocket/lane length. (#8)
2. Prior to recordation of any part of these Tentative Maps (TM8-04A&B) as a Final Map (Parcel Map/Subdivision Map), the ODS shall enter into a Master Agreement to identify the timing/phasing of improvements and provide for appropriate improvement securities. (#26)
3. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the operational level of service at the Eight Mile Road/State Highway Route 99 interchange and Morada Lane/State Highway Route 99 interchange below level of service that conforms with State Urban Highway Standards. Said study shall be approved by the City and identified improvement timing shall be binding on the ODS. (#14) Traffic & Circulation (Design, Construction and/or Funding Proportionate Share)
1. The ODS shall be responsible for 100 percent of the design and construction costs of on-site roadway and intersection improvements and roadway extensions and public utilities identified on the Tentative Map and/or included in the project EIR, project description or as mitigation measures. Improvements include but are not limited to all sewer, water and storm drain lines, traffic signals, street lighting, street paving, curb, gutter and sidewalk. (#10)
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2. The ODS shall be responsible for their proportionate share, based on traffic loadings, of the costs for Project Study Reports (PSRs) and Project Reports (PRs) and necessary improvements described in the PSRs/PRs for the State Route 99 mainline system, the Morada Lane/State Route 99 overcrossing-interchange, and Eight Mile Road/State Route 99 overcrossing-interchange to provide a level-ofservice that conforms with State Urban Highway Standards. The ODS shall participate in a funding mechanism including, but not limited to: an assessment district (AD); area of benefit (AOB); or equivalent, and the ODS shall prepare and enter into an agreement with the City to establish the financing, design, construction, and timing of the PSRs, PRs and necessary improvements as identified. Said agreement shall be subject to the approval of the City Manager. (#15)
Eight Mile Road Specific Plan
1. If the improvements allowed by Specific Plan Amendment SPA1-03 are not constructed within five years, the Specific Plan Amendment shall be null and void. (SPA#6)
2. Specific Plan Amendment SPA1-03 shall not be effective until the effective date of annexation A-03-1. (SPA#7)
Domestic Water
1. The ODS shall conduct an engineering analysis, acceptable to the Director of Municipal Utilities, that demonstrates that the water system improvements to be constructed within the City of Stockton water service area are sufficient to meet the following conditions: (#28)
For ultimate build-out of the subdivision:
a. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 40 psi pressure at any location during the period of peak hour demand (peak hour demands shall be calculated at 175 percent of maximum daily demands).
b. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand (maximum day demands shall be calculated at 210 percent of the average day demands) combined with a fire flow of 2,000 gpm out of any fire hydrant in the residential portion of the subdivision.
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c. With a given system pressure of 45 psi at all future points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 3,000 gpm out of any fire hydrant in the commercial and industrial areas of the subdivision.
For phased developments of units within a subdivision (interim development):
d. With a given system pressure of 45 psi at the existing points of connection to the City water system and no wells on within the subdivision, the internal water system improvements shall be sized to provide at least 20 psi pressure at any location during the period of maximum day demand combined with a fire flow of 1,500 gpm out of any fire hydrant in the subdivision (maximum day demands shall be calculated at 210 percent of the average day demands).
2. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Non-potable Water (Landscape Irrigation)
1. The ODS shall prepare a master plan for the non-potable irrigation system for the withdrawal and use of non-potable water from the Woodbridge Irrigation District (WID) canal system that passes through the project site. The system will consist of an intake structure, pump and mains, etc. that would distribute non-potable water to parks, open space, streetscape, landscaping adjoining and within commercial and industrial areas within the project area. System operation will be coordinated by the City with financing provided by a maintenance district. The master plan shall be subject to the approval of the Municipal Utilities Director. The ODS shall construct the approved system to the satisfaction of the Director of Public Works and the Director of the Parks and Recreation Department. (#32) Landscape Maintenance District
1. Prior to recordation of any Final Map, the ODS shall form a new zone of the Stockton Consolidated Landscape Maintenance District 96-2, and approve an assessment providing for the subdivision's proportionate share of the costs to maintain public parks within the service area for this subdivision or serving this subdivision. (#30)
2. Prior to recordation of any Final Map, the ODS shall establish a maintenance entity acceptable to the Community Development Director, the Parks and Recreation Director and the Public Works Director to provide funding for the maintenance of improvements including, but not limited to, common area landscaping, landscaping in the right-of-way, sound walls and/or back-up walls, constructed for the special benefit of this subdivision. The maintenance entity shall also provide funding for EXHIBIT 1
the seasonal "ripping" offload control basin 2 and vector control within the basin. (#31)
Oak Tree Avoidance/mitigation
1. Removal of Oak trees shall be avoided whenever feasible. The owners, developers, and/or successors-in-interest shall coordinate the layout of project plans with the City Arborist and City Parks Facility Planner/Landscape Architect to minimize or eliminate Oak tree removals. If removal of an Oak tree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved by the City Parks and Recreation Department representatives. If on-site planting is not possible, the owners, developers, and/or successors-in-interest shall pay the City Parks and Recreation Department the estimated cost (as determined by the City Arborist or Parks Facility Planner/Landscape Architect) for the City to have the replacement Oak trees planted by private contract on a site deemed appropriate by the City Parks and Recreation Department representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (EIR1-03), as amended, and in the related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
In order to provide an appropriate and reliable Improvement/Development Plan for a mixed-use development with the component elements contained in the Cannery Park Subdivision, the Subdivision has been divided into five (5) Plan Areas (Exhibit 'X'). The on-site/in-tract improvements and the off-site improvements corresponding to subdivision map conditions are listed separately for each Plan Area.
Cannery Park Subdivision Plan Areas
The improvements associated with each Plan Area are as follows:
Plan Area 'A'
Plan Area 'A' encompasses approximately 112.65± acres and includes Lot 11, Lot 12 (elementary school site), Lot 13 (neighborhood park), and Lot 14. The following general conditions are associated with development within Plan Area 'A' for Lot 11:
General Conditions
Neighborhood Park
A1. Dedicate Lot 13 to the City of Stockton as a site for a Neighborhood Park.
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acre, which is the rate established for land cost by the public facilities fee program. (#38)
A2. Remove trash; fill debris, etc. from Lot 13 until acceptance of the park site by the City. (#35)
School Site
A3. A six (6) foot tall masonry wall shall be constructed between Lot 12 and Lot 13 (park site) if Lot 12 is no longer going to be a public-school site. Such wall shall be on Lot 12. (#37)
Easements
A4. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed along the western boundary of Lot 11. (#33)
The following on-site/in-tract improvements are required to be constructed to support development within Improvement Plan Area 'A' for Lot 11:
On-site/In-tract Improvements
Holman Road
A5. Construct the road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of the TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A6. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive.
A7. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street Hendrix Drive as depicted on the tentative map. (#17) A8. Construct a masonry sound wall along the west side of Holman Road from the southern boundary of the subdivision northward to the intersection with Lt. Col. Mark Taylor Street. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
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A9. Access to Holman Road shall be restricted except at public street intersections. (#7)
A10. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Lt. Col. Mark Taylor Street
A11. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
A12. Install a barricade per City of Stockton standards at a point adjoining the western and northern curb flare of the intersection of Lt. Col. Mark Taylor Street and Street 'P'.
A13. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
A14. Construct a masonry sound wall along the south side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the western property boundary. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) A15. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Minor roads and Collectors
A16. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A17. Design and install a traffic signal at the intersection of Holman Road and Lt.
Col. Mark Taylor Street /Hendrix Drive and an additional traffic signal at the intersection of Lt. Col. Mark Taylor Street and Street P. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10) EXHIBIT 1
Off-site Improvements
Other Roadwavs/lntersections
A18. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and Morada Lane/Hwy 99 East Frontage Road (interim improvements).
A19. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 11 (i.e., 2,622), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 5.38%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A20. Based upon the total gross acreage of land designated as single family residential on the Cannery Park Tentative Map (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 11 on TM8-04A&B (i.e., 53.13 acres), the owner/subdivider of Lot 11 shall pay a proportionate share (i.e., 26.8%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
Note: If development of Lot 11 occurs prior to the development of Lot 14, the following off-site improvements shall occur:
Morada Lane/Hwy 99 Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
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A21. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A22. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 11 constructs the interim improvements identified in A21 and A22, the payment of a proportionate share of the cost of those improvements as defined in A18 above is not required.
The following general conditions are associated with development within Plan Area 'A' for Lot 14:
General Conditions
Fire Station
A23. Dedicate Lot YY as shown on TM8-04A&B to the City of Stockton for the development of a fire station and construct all frontage improvements. The City shall provide reimbursement for the fire station site at $130,000.00 per net acre, which is the rate established for land cost by the public facilities fee program. Reimbursement for the construction of frontage improvements shall be made pursuant to the Public Facilities Fee Administrative Guidelines. (#42a, #42b & #42c)
Neighborhood Park
A24. Dedicate Lot K as shown on TM8-04A&B to the City of Stockton as a site for a Neighborhood Park. The City shall provide reimbursement for the park site at $60,000.00 per net acre, which is the rate established for land cost by the public facilities fee program. (#38)
A25. Remove trash; fill debris, etc. from Lot K as shown on TM8-04A&B until EXHIBIT 1
acceptance of the park site by the City. (#35)
Land Use Compatibility
A26. Install a barricade to City standards to terminate connection of the project with land uses along Waller Road. (#23)
Easements
A27. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
The following on-site/in-tract improvements are required to be constructed to support development within Plan Area 'A' for Lot 14:
On-site/In-tract Improvements
Holman Road
A28. Construct the road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. Include median lighting. (#11) A29. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.
A30. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) A31. Construct a masonry sound wall along the east side of Holman Road from the southern boundary of TM8-04A&B northward to the easement of the Woodbridge Irrigation District canal. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
A32. Access to Holman Road shall be restricted except at public street intersections. (#7)
A33. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Minor roads and Collectors
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A34. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Traffic Signals/Intersection Improvements
A35. Design and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
Off-site Improvements
Other Roadways/Intersections
A36. Based upon the total daily trip generation rate for Cannery Park (i.e.,48,726) compared to the total daily trip generation estimate associated with the Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and Morada Lane/Hwy 99 East Frontage Road (interim improvements).
A37. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two-percent (2%), Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 14 (i.e., 2,268), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 4.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
A38. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 14 on TM8-04A&B (i.e., 45.00 acres), the owner/subdivider of Lot 14 shall pay a proportionate share (i.e., 22.7%) of the costs associated with the following improvements:
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Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on Lot 17.
Note: If development of Lot 14 occurs prior to the development of Lot 11, the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
A39. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane A40. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 14 constructs the interim improvements identified in A39 and A40, the payment of a proportionate share of the cost of those improvements as defined in A36 above is not required.
Plan Area 'B'
Plan Area 'B' encompasses approximately 99.86± acres consisting of Lot 7, Lot 8, Lot 9 and Lot 10. The following general conditions are associated with development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
General Conditions
Domestic Water
B1. The owner/subdivider of Lot 10 shall dedicate Lot MM as associated with the adjacent park and as shown on TM8-04A to the City of Stockton to be used exclusively as a water well site. If the Municipal Utilities Director EXHIBIT 1
determines that the water well site is required before the re-subdivision of Lot 10, then the owner of Lot 10 shall dedicate a lot exclusively for use as a water well site. The lot, its location, and all necessary easements shall be subject to the approval of the Municipal Utilities Director. (#27) Bikeway, Pedestrian Pathway & Crossings
B2. All crossings of Holman Road proposed for bikeway/pedestrian purposes (i.e., "Parkway" and Bear Creek) shall be grade separated or occur at pedestrian actuated (midblock) signals. (#22)
B3. The Final Map prepared for Lot 9 and Lot 10 shall show those access point dedications along the south side of Bear Creek that are associated with the class one bike trail. All access points will need to be a separate lot acquired and improved by the ODS. All plans and improvements shall be subject to approval by the City Parks and Recreation Department, the City Police Department and the City Public Works Department. (#34)
B4. The owner/subdivider of Lot 10 shall provide appropriate security, design and install a bikeway/pedestrian walkway along the south side of the Bear Creek drainage corridor. The bikeway/pedestrian walkway shall consist of an asphalt or concrete bike path as proposed in the project environmental document. Provide a Master Plan for the bikeway/pedestrian walkway prior to approval of the Final Map. The Master Plan shall contain but not be limited to the following component plans: signage, bollards, public access, landscaping, fencing, security (including hours of operation), and maintenance (including litter removal). A consolidated maintenance district will be responsible for litter clean-up for the Bear Creek Corridor. The master plan shall be subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40), (#48) B5. Prior to the recording a Final Subdivision Map within Plan Area B, design and submit to the Union Pacific Railroad (UPRR) the plans necessary to obtain UPRR approval of an a bikeway/pedestrian walkway crossing of the UPRR right-of-way along the south levee bank of Bear Creek.
Easements
B6. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
B7. The Final Map for Lot 9 and Lot 10 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
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B8. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed on the western side of Lot 10. (#33)
Disclosure/Notification
B9. The owner/subdivider of Lot 10 shall disclose to all prospective home buyers as a condition of sale and prior to the opening of escrow, the existence of any present or former remediation site (lead or any other contaminant) within the project boundaries. (#43)
The following on-site/in-tract improvements are necessary to support development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
On-site/In-tract Improvements Holman Road
B10. Prior to recording a final subdivision map within Lot 7, Lot 8, or Lot 10 within Plan Area B, prepare preliminary design plans and submit permit applications with Federal and State permitting agencies for the Holman Road Bridge crossing at Bear Creek and extension of Holman Road to Eight Mile Road. If the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek, then prior to recording any additional final subdivision maps within Plan Area B, design and submit for City approval plans for the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. Upon approval of the Homan Road Bridge and extension plans by the City, initiate the construction of the extension of Holman Road to Eight Mile Road and the Holman Road Bridge crossing at Bear Creek. To assure adequate rightof-way is reserved to accommodate the Holman Road Bridge crossing at Bear Creek, no final subdivision map(s) shall be recorded within Lot 9 until the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek. Include median lighting. (#11)
B11. Concurrent with the construction of the extension of Holman Road to Eight Mile Road, install barricades per City of Stockton standards at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive.
B12. Install bus turnouts at the intersection of Holman Road and Pfc Jessie Mizener Street and Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
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wall along the east side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B14. The owner/subdivider of Lot 10 shall construct a masonry sound wall along the west side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B15. Access to Holman Road shall be restricted except at public street intersections. (#7)
B16. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Storm Water/Holman Road North of Bear Creek
B17. The construction of Holman Road north of Bear Creek to Eight Mile Road prior to development occurring in Plan Area C, D or E will require the design and construction of an interim drainage facility to address runoff from construction of the required roadway improvements north of Bear Creek.
The design of the interim drainage facility and its construction is subject the approval of the Director of Municipal Utilities and the Public Works Director.
Lt. Col. Mark Taylor Street
B18. The owner/subdivider of Lot 10 shall construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection of Lt. Col. Mark Taylor Street and Street 'P' to the western boundary of Cannery Park TM8-04A&B at a time determined to be appropriate by the Public Works Director.
B19. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
B20. Construct a masonry sound wall along the north side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the property boundary. The height of the soundwalls shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47) B21. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development EXHIBIT 1
Director and the Parks and Recreation Director. (#40)
Pfc. Jessie Mizener Street
The owner/subdivider of Lot 7, Lot 8 or Lot 9 shall construct Pfc Jessie Mizener Street pursuant to the following improvement conditions. Note: In the event that the Holman Road Road/Bear Creek Bridge is not granted its environmental permits allowing for its construction, and security has been provided for the construction of the bridge and Holman Road to Eight Mile Road, then in order to accommodate the daily trips from Improvement Plan Area B, the first final map within Plan Area B (i.e., Lot 7, Lot 8, Lot 9 or Lot 10) shall include the construction of Pfc Jessie Mizener Street pursuant to the dimensions and segment length described in B26 below.
B22. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Holman Road and Pfc Jessie Mizener Street to the State Route Hwy 99 Frontage Road.
B23. Install a barricade per City of Stockton standards at the intersection of Pfc Jessie Mizener Street and Collector A.
B24. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
B25. The owner/subdivider of Lot 9 shall construct a masonry sound wall along the north side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward across the southern property boundary intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B26. The owner/subdivider of Lot 8 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward along the northern boundary of the property intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B27. The owner/subdivider of Lot 7 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern boundary of the Woodbridge Irrigation District canal easement (Lot GG) EXHIBIT 1
eastward along the northern boundary of the property intersecting with the western boundary of Lot 5; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B28. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Parks and Recreation Director. (#40)
Traffic Signals/Intersection Improvements
B29. Design and install traffic signals at the intersection of Holman Road and Pfc Jessie Mizener Street. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Minor roads and Collectors
B30. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41) Off-site Improvements
Eight Mile Road
B31. Prior to recording a final subdivision map within Plan Area B, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section B31 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road in conformance with Section B10 above. (#10), (#13) Other Intersections/Roadways
B32. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total dally trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,
1.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
EXHIBIT 1
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/l-lwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B33. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e.,
1.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B34. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,
1.32%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B35. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e.,
1.32%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
B36. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., EXHIBIT 1
1.73%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B37. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) B38. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
B39. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Other Facilities
EXHIBIT 1
B40. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 7 on TM8-04A&B (i.e., 9.01 acres), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 4.6%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B41. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 8 on TM8-04A&B (i.e., 6.59 acres), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 3.3%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B42. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 9 on TM8-04A&B (i.e., 9.29 acres), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 4.7%) of the costs associated with the following improvements:
Bear Creek pedestrian/bicycle trail; and
Temporary Park & Ride Lot to be located on lot 17.
B43. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 10 on TM8-04A&B (i.e., 74.97 acres), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 37.9%) of the costs associated with the following improvements:
Temporary Park & Ride Lot to be located on lot 17.
Note: If development occurs within Plan Area 'B' prior to occurring in Plan Area 'A', the following on-site/in-tract improvements shall occur:
Holman Road
B44. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from southern boundary of TM8-04A&8 to the Woodbridge Irrigation canal easement.
Include median lighting. (#11)
EXHIBIT 1
B45. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive.
B46. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) B47. Access to Holman Road shall be restricted except at public street intersections. (#7)
Lt. Col. Mark Taylor Street
B48. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
Traffic Signals/Intersection Improvements
B49. Design and install a traffic signal at the intersection of Holman Road and Hendrix Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#10)
Off-site Improvements
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B50. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B51. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EXHIBIT 1
EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane B52. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) N8 – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B50, B51 and B52, the payment of a proportionate share of the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
Note: If development occurs in Improvement Plan Area 'B' prior to occurring in Improvement Plan Area 'A', the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B53. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one through/left-turn shared lane, and one right-turn lane SB – one through/left-turn shared lane, and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one through, one left-turn lane, and one right-turn lane B54. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane, one through lane and one right-turn lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B53 and B54, the payment of a proportionate share of EXHIBIT 1
the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
Plan Area 'C'
Plan Area 'C' encompasses approximately 73.52± acres of light industrial/business park uses, consisting of the Lot 1, Lot 2 and Lot 3. The following general conditions are associated with development within Improvement Plan Area 'C':
General Conditions
Storm Water
C1. The owner/subdivider of Lot 1 and Lot 2 shall provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
Easements
C2. The owner/subdivider of Lot 2 shall comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25) C3. The Final Map for Lot 1 and Lot 2 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
C4. Provide non-exclusive access easements within the industrial and commercial areas as necessary to provide all required lot accesses. (#24) Transportation System Management
C5. The owner/subdivider of Lots 1 and 2 shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development EXHIBIT 1
within Improvement Plan Area 'C':
On-site/In-tract Improvements
Signature Drive
C6. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) from Eight Mile Road southward as depicted on TM8-04A&B.
Cannery Circle
C7. The owner/subdivider of Lot 2 shall dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road westward approximately 365 feet as depicted on the tentative map. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) as depicted on TM8-04A&B.
Off-site Improvements
Golfview Road
C8. Design and construct a traffic signal at the future intersection of Eight Mile Road/Golfview Road/Signature Drive and stripe to provide the following lane configuration (#10), (#13), (#16)
NB – one left-turn lane and 1through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and two through lanes
WB – one through lane and one through/right-turn shared lane Other Roadways/Intersections
C9. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
EXHIBIT 1
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C10. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the two-percent (2%) share of the cost of roadway improvements at the West lane/Arterial A intersection. (#16) C11. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C12. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B' or 'D', the following on-site/in- tract improvements shall occur:
Holman Road
C13. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) EXHIBIT 1
C14. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on TM8-04A&B. (#17)
C15. Access to Holman Road shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
C16. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B', 'D' or 'E', the following off-site improvements shall occur:
Eight Mile Road
C17. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
C18. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) C19. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
C20. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
C21. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) C22. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment EXHIBIT 1
and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
C23. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C24. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane C25. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB - one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 1 or Lot 2 constructs the interim improvements identified in C23, C24 and C25, the payment of a proportionate share of the cost of those improvements as defined in C9 and C11 above is not required of the owner/subdivider who constructed said improvements.
Improvement Plan Area 'D'
Improvement Plan Area 'D' encompasses approximately 32.09± acres of business park/commercial uses consisting of Lot 4. The following general conditions are EXHIBIT 1
associated with development within Improvement Plan Area 'D' Lot 4 (Parcels 22 through 36):
General Conditions Easements
D1. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
D2. The Final Map for Lot 4 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
Transportation System Management
D3. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
Note: If construction occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Area 'C', the following improvement shall occur:
Storm Water
D4. Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'D' Lot 4:
On-site/in-tract Improvements
Tri-Valley Drive
D5. Dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road eastward approximately 300 feet and from Collector A westward EXHIBIT 1
approximately 300 feet as depicted on the tentative map. Dedicate the rightof-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) for the mid-section of the roadway as depicted on TM8-04A&B.
Collector A
D6. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.
D7. Install a barricade per City of Stockton standards at the southern curb flare of the intersection of Collector A and Tri-valley Drive.
D8. Access to Collector A shall be restricted within 300 feet from any street intersection, driveway or creek. Any access within 500 feet from a street intersection/traffic signal shall be right-in/right-out only. (#7) D9. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
D10. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a traffic signal shall be installed to use the access. (SPA#4)
Collector A/Bear Creek Bridge
D11. The owner/subdivider of Lot 4 shall pay a proportionate share of the cost associated with the design and construction of the Collector A/Bear Creek Bridge. The proportionate shall be based upon a percentage of the total gross acreage of land associated with Lot 4, Lot 5 and lot 6 (i.e., 99.83 acres). The total gross acreage associated with Lot 4 on TM8-04A&B is
32.09 acres. The owner/subdivider of Lot 4 shall pay 32% of the cost to design and construct the Collector A/Bear Creek Bridge.
Traffic Signals/lntersection Improvements
D12. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
D13. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
EXHIBIT 1
Off-site Improvements
Other Roadways/Intersections
D14. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
D15.The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B' or 'C', the following on-site/in- tract improvements shall occur:
Holman Road
D16. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) D17. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
D18. Access to Holman Road shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
EXHIBIT 1
D19. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B', 'C' or 'E', the following off-site improvements shall occur:
Eight Mile Road
D20. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6)
D21. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) D22. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
D23. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
D24. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) D25. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
EXHIBIT 1
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
D26. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations. (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D27. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane D28. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 4 constructs the interim improvements identified in D26, D27 & D28, the payment of a proportionate share of the cost of those improvements as defined in D14 above is not required.
Plan Area 'E'
Plan Area 'E' encompasses approximately 67.74± acres consisting of the Lot 5 and Lot 6. The following general conditions are associated with development within Plan Area 'E' Lot 5 and Lot 6:
General Conditions
Easements
E1. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
EXHIBIT 1
E2. The Final Map for Lot 5 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18
Transportation System Management
E3. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21)
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'E' Lot 5 and Lot 6:
On-site/In-tract Improvements
Collector A
E4. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the southern curb flare of the intersection of Tri-Valley Drive and Collector A southward across Bear Creek to an intersection with Pfc Jessie Mizener Street.
E5. Access to Collector A shall be restricted within 300 feet from any street intersection, driveway or creek. Any access within 500 feet from a street intersection/traffic signal shall be right-in/right-out only. (#7) Collector A/Bear Creek Bridge
E6. Based on the timing of development, the owner/subdivider of Lot 5 or Lot 6 shall provide appropriate security, design and construct the Collector A Bridge across Bear Creek. The owner/subdivider of Lot 5 and Lot 6 shall pay a proportionate share of the cost associated with the design and construction of the Collector A/Bear Creek Bridge. The proportionate share shall be based upon a percentage of the total gross acreage of land associated with Lot 4 (Lot 4 is conditioned to contribute 32% of the cost to design and construct the bridge), Lot 5 and Lot 6 (i.e., 99.83 acres). The EXHIBIT 1
total gross acreage associated with Lot 5 on TM8-04A&B is 55.87 acres.
The owner/subdivider of Lot 5 shall pay 56% of the cost to design and construct the Collector A/Bear Creek Bridge. The total gross acreage associated with Lot 6 on TM8-04A&B is 11.87 acres. The owner/subdivider of Lot 6 shall pay 12% of the cost to design and construct the Collector A/Bear Creek Bridge.
Off-site Improvements
State Route 99 Frontage Road
E7. The owner/subdivider of Lot 6 shall dedicate 50 feet of right-of-way along the State Highway Route 99 West Frontage Road, from Collector "B" to the south property line at Lot F, and install frontage improvements, including but not limited to curb, gutter, sidewalk, and street lighting along the property frontage of Lot F. Note: This condition is not required if the dedication is already included as a component of another recorded map. (#9) Other Roadways/Intersections
E8. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E9. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
E10. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 EXHIBIT 1
(i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the total cost of roadway improvements at the following intersections (#13), (#16):
Eight Mile Road/Ham Lane;
Eight Mile Road/Leach Road;
Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
Morada Lane/Hwy 99 West Frontage Road (interim improvements); and
Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E11. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 (i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the two-percent (2%) share of the cost of roadway improvements at that intersection. (#16)
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in improvement Plan Area 'C' or 'D', the following improvement shall occur:
Storm Water
E12. Provide appropriate security, design and construct a drainage basin/pump station on Lot 3. The design of the basin/pump station shall be subject to the approval of the Director of Municipal Utilities.
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Area 'B', the following improvement shall occur:
Collector A
E13. Dedicate the right-of-way and construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from Eight Mile Road southward to point adjoining the southern curb flare of the intersection of Collector A and Tri-Valley Drive.
E14. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
E15. A full access intersection shall be allowed at Eight Mile Road and Collector 'A', located 1,000 feet west of the west frontage road and a traffic signal EXHIBIT 1
shall be installed to use the access. (SPA#4)
Traffic Signals/Intersection Improvements
E16. Design and install a traffic signal at the intersection of Tri-Valley Drive and Collector A. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
E17. Design and install a traffic signal at the intersection of Eight Mile Road and Collector A. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Pfc Jessie Mizener Street
E18. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Collector A eastward to the State Route Hwy 99 Frontage Road.
E19. Install a barricade per City of Stockton standards at the western most curb flare of the intersection of Pfc Jessie Mizener Street and Collector A.
E20. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
Traffic Signals/Intersection Improvements
E21. Design and install a traffic signal at the intersection of Collector A and Pfc Jessie Mizener Street. The activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'E' prior to occurring in Improvement Plan Areas 'B', 'C' or 'D', the following off-site improvements shall occur:
Eight Mile Road
E22. Comply with all conditions of Specific Plan Amendment SPA1-03 and install all improvements required by said amendment. (#6)
E23. Install frontage improvements from the western boundary of TM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) EXHIBIT 1
E24. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12)
E25. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
E26. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out.
Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3) E27. Prior to recording a final subdivision map or obtaining site plan approval within Plan Area E, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and de-acceleration lanes, as appropriate. The improvements described in this Section E27 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. (#10), (#13)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
E28. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E29. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) EXHIBIT 1
NB – one left-turn lane and one through/right-turn shared lane SB – one left-turn lane and one through/right-turn shared lane EB – one left-turn lane and one through/right-turn shared lane WB – one left-turn lane and one through/right-turn shared lane E30. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16) NB – one left-turn lane and one through/right-turn shared lane SB – one right-lane and one through lane
EB – one left-turn lane and one right-turn lane
WB – Not applicable
If the owner/subdivider of Lot 5 or Lot 6 constructs the interim improvements identified in E28, E29 and E30, the payment of a proportionate share of the cost of those improvements as defined in E8 and E10 above is not required of owner/subdivider who constructs said improvements.
EXHIBIT 1
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
City of Stockton
Legislation Text
File #: 22-0706, Version: 1
APPROVE MOTION TO AUTHORIZE THE VICTORY PARK PUBLIC ART PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Mr. James Moore, of Stockton, CA, in the amount of $175,000 for the installation of Public Art at Victory Park.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
On November 19, 2020, the Community Services Department, on behalf of The Stockton Arts Commission, released an RFP seeking proposals from qualified artists to design, fabricate, and install an original large-scale artwork for a prominent location at the corner of Victory Park, located at 1001 North Pershing Avenue in Central Stockton (Attachment A). The purpose of the RFP is to activate the northeast corner of the park, to reflect the vibrancy and diversity of the community, and celebrate local history and the arts, as represented in the nearby Haggin Museum.
The Notice Inviting Proposals for the procurement of artistic design, fabrication, and installation services was published on Bidflash (PUR-19-015) and in The Record on November 19, 2020, and November 20, 2020. The Notice Inviting Proposals was also e-mailed to a list of known qualified vendors within the industry.
DISCUSSION
Background
The park located at 1001 North Pershing Avenue in Central Stockton was given to the City of Stockton in 1914 by a land development firm and dedicated on June 15, 1916. Originally named Bienvenido Park, the park name was changed to Victory Park after World War I. The Haggin Museum, founded in 1928 and built in 1931, is centrally located within Victory Park. The Haggin collections include paintings by Jean Beraud, Rosa Bonheur, William-Adolphe Bouguereau, JeanLeon Gerome, George Inness, and Pierre-Auguste Renoir. The museum has the largest collection of Albert Bierstadt works in the region, and the largest collection of illustrations by J.C. Leyendecker. It also includes an impressive collection of historical artifacts documenting the history of the region.
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Stockton car dealer Hart L. Weaver bought a totem pole while in Alaska and placed it outside his dealership. The 46-foot wooden sculpture was carved by Tlingit artisan Charlie Joe Tagcock. When Weaver died in 1932, his family donated the totem pole to the City. The City placed it at the northeast corner of Victory Park. Over the years, the pole became a prominent landmark and symbol to City residents of the unique character of the Victory Park neighborhood. In 1999 City inspectors found that the pole's wood had rotted. Fearing it would topple, the City contracted with a local utility company to take the pole down. According to Tlingit custom, the pole was laid to rest in the City's corporation yard and allowed to decay naturally. Subsequently, in 2001 a master totem pole carver from the tribe that had carved the original, conducted a ceremony to honor the pole and its meaning to Stocktonians.
In November 2016 and August 2017, the City held community engagement meetings in the Victory Park area to solicit potential themes for a new piece of public art to be placed at the site of the former totem pole. The results of those meetings indicated strongly that residents wished to focus on themes of diversity, inclusion, welcoming, pride, and history. Residents also expressed strong positive feelings about the totem pole and desired that the new sculpture pay homage to it. The proposed piece should be of unique design and exceptional merit. Artists should identify how the proposed piece expresses the unique characteristics of the community, represents the importance of Victory Park as a gathering place, and serves as a new landmark reflecting the identity of the neighborhood.
Present Situation
The Notice Inviting Proposals closed January 21, 2021; the City received fourteen proposals.
Community Services’ Recreation Division staff facilitated a rating committee made up of staff from the City Manager's Office, Public Works’ Parks Division, the Stockton Arts Commission, and a local artist from the Victory Park neighborhood. The rating committee reviewed the fourteen proposals and ranked them in accordance with the criteria defined in the RFP.
For the second round of scoring of the original fourteen proposals, five were invited to submit a maquette for review and participate in an in-person interview. Upon completion of the second round of interviews, three finalists were chosen. The three finalists were then asked to record themselves answering questions as dictated by City staff. The responses were incorporated into a video that was presented to the community via press release and voted on by members of the community. Mr.
James Moore received the highest amount of community votes amongst the recommended finalists.
In accordance with the goals identified in the 2021-2022 annual plan presented by the Stockton Arts Commission on July 27, 2021, staff has conducted community engagement and completed an RFP process to design, fabricate, and install an original large-scale artwork for a prominent location at the corner of Victory Park. The proposal submitted by Mr. James Moore, for a one-year contract for design, fabrication, and installation services met the published specifications and City procurement standards.
On May 2, 2022, the Stockton Arts Commission voted to recommend the artistic proposal submitted by Mr. James Moore for Council consideration.
The Stockton Arts Commission recommends that Council approve a motion to award a Professional Services Contract in the amount of $175,000 to Mr. James Moore for design, fabrication, and City of Stockton Page 2 of 3 Printed on 7/20/2022
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File #: 22-0706, Version: 1
installation services at Victory Park (Attachment B). It is anticipated that the project will be completed before January 1, 2023.
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings that support an exception to the competitive bidding process. These findings include:
1. The City does not have qualified staff to design, fabricate, and install the artwork for the project.
2. The scope of the design services requires a qualified artist that is experienced in public art design, fabrication, and installation.
3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for the selection of a vendor. The use of the criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.
4. The City negotiated a contract following solicitation of competitive proposals following SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There are sufficient funds available in the Public Art Fund Account: 0000-000-630006-300-304-30-00- 000-000 to award a Professional Services Contract for $175,000, to Mr. James Moore for the project.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Mr. James Moore City of Stockton Page 3 of 3 Printed on 7/20/2022
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ATTACHMENT A
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City of Stockton
Legislation Text
File #: 22-0710, Version: 1
APPROVE A MOTION TO ENTER INTO A COOPERATIVE AGREEMENT WITH DEMCO TO
PURCHASE FURNITURE, FIXTURE, & EQUIPMENT FOR THE NORTHEAST LIBRARY AND
COMMUNITY CENTER
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the use of a Cooperative Agreement through the National Cooperative Purchasing Alliance (“NCPA”) Contract Number 07-24 with Demco, Inc. to acquire furniture, fixtures, and equipment for the new Northeast Library and Community Center.
2. Authorize the City Manager, or designee, to execute a multi-year Cooperative Purchasing Agreement, expiring October 31, 2023, in an amount not to exceed $301,784.29 with Demco, Inc. (Attachment A).
3. Approve findings that support and justify an exception to the competitive bidding process.
4. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The Community Services Department and Public Works Department staff recommend entering into a new contract with Demco, Inc. to purchase furniture, fixtures, and equipment (“FF&E”) for the future Northeast Library and Community Center using the Cooperative Purchasing Agreement with NCPA.
The proposed purchase will be for the new facility, which is scheduled to open in spring 2023. The proposed contract term through October 31, 2023, is for an estimated amount not to exceed $301,784.29.
DISCUSSION
Background
The Northeast Library and Community Center Project is a $14.5 million-dollar new facility adjacent to McNair High School at 1464 E. Morada Lane. City Council approved the construction contract on December 15, 2020. Groundbreaking started on April 1, 2021 and should be completed by spring 2023. ArchNexus led the planning and design efforts for this LEED-certified building and guided the FF&E planning process. Procurement staff recommended using a cooperative purchasing agreement as an exception to the competitive bidding process. Several categories of FF&E must be coordinated through space planning and contracted for on-site Library and Recreation activities. The furniture must match the LEED requirements and design aesthetic ArchNexus envisioned. The City of Stockton Page 1 of 3 Printed on 7/20/2022
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Library area will include a circulation and reference desk, learning center, children’s area, teen area, and group and individual seating areas. The Recreation area will include a welcome desk, instruction and play areas, a gymnasium/meeting space, and kitchen facilities. There will be a shared common space for programming, classes, and a lounge area. Working with Arch Nexus, Community Services and Public Works staff identified the furniture and equipment necessary to open the facility (see Attachment B Demco Design Package).
Present Situation
City staff recommends the purchase of furniture and fixtures from Demco, Inc. utilizing a Cooperative Purchasing Agreement with NCPA.
The National Cooperative Purchasing Alliance is a national government purchasing cooperative that leverages the purchasing power of public agencies. Master contracts are competitively solicited by lead agencies, advertised, and noticed for 30 days, and evaluated based on quality, performance, and pricing. These cooperative purchasing contracts are optional and available to state and local municipal agencies.
The recommended motion authorizes the City Manager or designee to execute a Cooperative Purchasing Agreement through NCPA for a total of $301,784.29 with DEMCO, Inc. for the required FF&E for the Northeast Library and Community Center. The NCPA agreement not to exceed the amount includes a 25% contingency for cost increases related to supply chain issues.
The FF&E products will require installation that complies with City municipal code and California prevailing wage requirements: an additional $35,000 is set aside for prevailing wage installation of Demco materials.
Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, City Council may approve findings that support an exception to the competitive bidding process. These findings include:
1. City staff seeks a cost-effective, competitive process to purchase FF&E for the Northeast Library. The City has an existing procurement process for an exception to the competitive bidding process using a cooperative purchasing agreement. The cooperative purchasing agreement provides an efficient, streamlined approach to procurement.
2. NCPA established a Cooperative Purchasing Agreement with Demco through the local Demco distributor to purchase library furniture, fixtures, and equipment.
3. The NCPA agreement is based on an RFP with Region 14 ESC as the lead public agency.
The terms of that RFP and the resulting contract allow other public agencies to benefit from that contract. These competitive proposals are consistent with SMC section 3.68.070 A.5:
(Cooperative purchasing agreements authorized by the City Council for the purchase of supplies or services through other governmental jurisdictions or public agencies).
4. The NCPA Cooperative Purchasing Agreement provides better pricing based on aggregated purchasing volume than the City’s singular procurement process.
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5. Taking advantage of leveraged procurement agreements negotiated by NCPA is efficient and cost-effective. It reduces the administrative expenses of City staff conducting RFPs to source, award, and administer the contracts. The use of this contract lessens the workload of procurement staff.
6. The specifications of furniture, fixtures, and equipment through NCPA contracts meet the City’s procurement requirements.
7. Demco provides well-constructed, unique, and hard-to-find solutions for library spaces. The products ordered for this facility will match the City’s standard requirements for this project and deliver FF&E that improves space utilization.
FINANCIAL SUMMARY
There are sufficient funds available in the Capital Improvement Fund for Project Number CL17024, Account No. 4510-0000-800007-300-000-30-45-000-000 for the purchase of FF&E for a total amount of $301,784.29. There are sufficient funds for the related action and separate payment of installation of FF&E, estimated to be $35,000.
Attachment A - Cooperative Purchasing Agreement
Attachment B - Demco Design Package
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COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name:
National Cooperative Purchasing Alliance (“NCPA”)
2. Contractor: DEMCO, Inc.
3. Cooperative Agency
Agreement Name and
Agreement Number:
NCPA 07-24 (Demco code C20601)
4. Cooperative Agency Initial
Agreement Term:
Start Date: 10/01/2015
End Date: 10/31/2018
5. Cooperative Agency’s
Agreement-Options to
extend:
May be renewed for up to five (5) additional one-year
terms, however, the Agreement, including any
extensions, shall not go beyond the eight years as a
total term.
6. Cooperative Agency
Amended Term:
Year five contract renewal amended with the
expiration date of 10/31/2023
7. Cooperative Agency
Remaining Options to
Renew:
None
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: 04/28/2020
End Date: 10/31/2023
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $301,784.29 for the term of the
Agreement.
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced NCPA 07-24 (Demco Code 20601) (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
ATTACHMENT A
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of attest through 10/31/2023 unless terminated earlier by the City.
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for Furniture, Fixtures, and Equipment for the Northeast Library and Community Center available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $301,784.29 for the purchase of furniture, fixtures, and equipment. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
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ATTACHMENT A
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON DEMCO
By: __________________________
Harry Black, City Manager Signature
____________________________
Kristopher L. Snow
ATTEST: Title: Contracts Facilitator________
____________________________ [If Contractor is a corporation, signatures must Eliza R. Garza CMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM: DEMCO, Inc.
By: __________________________
___________________________ Signature
City Attorney
Mike Wygocki______________
Print name
Title: Executive Director of Customer
Services
ATTACHMENT A
EXHIBIT A
Attachment A
EXHIBIT A
NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA”) AND DEMCO
1. RFP for Furniture‐ Solicitation 14‐15 by Region 14 Education Service Center
2. Demco Response dated 9‐4‐2015
3. Region 14 Education Service Center Award Letter dated 10‐1‐2015
4. Region 14 Education Service Center Award Letter dated 8‐1‐2018
5. Region 14 Education Service Center Award Letter dated 7‐1‐2021
6. Modification Letter dated August 17, 2021
Attachment A
Request for Proposal (RFP) for Furniture
Solicitation Number: 14-15
Publication Date: Thursday, July 30th
, 2015
Notice to Respondent:
Submittal Deadline: Thursday, September 10th
, 2015 2:00 pm CST
Questions regarding this solicitation must be submitted to [email protected] no later than Thursday, September 3
rd
, 2015. All questions and answers will be posted to
http://www.ncpa.us/ solicitations.
It is the intention of Region 14 Education Service Center (herein "Region 14 ESC") to establish a Master Agreement for Furniture for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award.
This contract will allow agencies to purchase on an "as needed" basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers Furniture, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business.
Responses shall be received no later than the submittal deadline in the offices of Region 14 ESC at the address below:
Region 14 Education Service Center
1850 Highway 351
Abilene, Texas 79601
Immediately following the deadline, all responses will be publically opened and the respondents recorded. Any response received later than the specified deadline, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted responses cannot be accepted.
Responses must be sealed and plainly marked with the company name and the opening date and time.
Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided.
Attachment A
Competitive Solicitation by
Region 14 Education Service Center
For
Furniture
On behalf of itself and other Government Agencies
And made available through the
National Cooperative Purchasing Alliance
RFP # 14-15
National Cooperative Purchasing Alliance
Attachment A
Introduction / Scope
♦ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Public Agency" or collectively "Public Agencies") is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of Furniture.
♦ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor's products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ♦ Awarded vendor(s) shall perform covered services under the terms of this agreement Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. ♦ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ♦ National Cooperative Purchasing Alliance (NCPA)
► The National Cooperative Purchasing Alliance (herein "NCPA") assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ♦ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. ► Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies;
► Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; ► Combine the purchasing power of Public Agencies to achieve cost effective pricing; ► Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures.
Attachment A
Instructions to Respondents
♦ Submission of Response
► Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted.
► Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. ► Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. ► Withdrawal of response will not be allowed for a period of 120 days following the opening.
Pricing will remain firm for 120 days from submittal.
♦ Required Proposal Format
► Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered nonresponsive and may not be evaluated. ♦ Binder Tabs
► Tab 1 - Signature Form
► Tab 2 - NCPA Administration Agreement
► Tab 3 - Vendor Questionnaire
► Tab 4- Vendor Profile
► Tab 5 - Products and Services / Scope
► Tab 6- References
► Tab 7 - Pricing
► Tab 8 - Value Added Products and Services
► Tab 9 - Required Documents
♦ Shipping Label
► The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation.
From:
Company:
Address:
City, State, Zip:
Solicitation Name and Number:
Due Date and Time:
Attachment A
Tab 1 - Master Agreement
General Terms and Conditions
♦ Customer Support
1 ► The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.
♦ Assignment of Contract
► No assignment of contract may be made without the prior written approval of Region 14 ESC. Purchase orders and payment can only be made to awarded vendor. Awarded vendor is required to notify Region 14 ESC when any material change in operation is made. ♦ Disclosures
► Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. ► The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.
♦ Funding Out Clause
► Any /all contracts exceeding one (1) year shall include a standard "funding out" clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity's current revenue only, provided the contract contains either or both of the following provisions:
► Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ♦ Shipments (if applicable)
► The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. ♦ Tax Exempt Status
► Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.
Attachment A
♦ Payments
► The entity using the contract will make payments directly to the awarded vendor. ♦ Pricing
► All pricing submitted to shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor's responsibility to keep all pricing up to date and on file with NCPA.
► All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
♦ Warranty
► Proposals should address each of the following:
♦ Indemnity
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/ or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment ► The awarded vendor shall protect, Indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.
♦ Franchise Tax
► The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.
♦ Supplemental Agreements
► The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined In this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.
Attachment A
♦ Certificates of Insurance
► Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state In which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ♦ Legal Obligations
► It is the Respondent's responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ♦ Protest
► A protest of an award or proposed award must be filed In writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. No protest shall lie for a claim that the selected Vendor is not a responsible Bidder. Protests shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative • Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form ofreliefrequested
► Any protest review and action shall be considered final with no further formalities being considered.
♦ Force Majeure
► If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure In writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
► The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the Attachment A
party claiming such inability. It Is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty
♦ Prevailing Wage
► It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase In rates during the term of this contract and adjust wage rates accordingly.
♦ Miscellaneous
► Either party may cancel this contract In whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.
♦ Open Records Policy
► Because Region 14 ESC Is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that Its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- . page and line-by-line the parts of the response, which it believes, are exempt In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception( s ).
► The determination of whether information is confidential and not subject to disclosure Is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.
Attachment A
Process
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.
♦ Contract Administration
► The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.
♦ Contract Term
► The contract term will be for three (3) years starting from the date of the award. The contract may be renewed for up to five (SJ additional one-year terms. ♦ Contract Waiver
► Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ♦ Products and Services additions
► Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP.
♦ Competitive Range
► It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ♦ Deviations and Exceptions
► Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor's complete line of products and/or services, when possible.
♦ Estimated Quantities
► The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $35 - $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation
♦ Evaluation
► Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.
Attachment A
♦ Formation of Contract
► A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process.
♦ NCPA Administrative Agreement
► The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.
♦ Clarifications / Discussions
► Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal.
Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent's whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent's are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents' proposals or prices.
♦ Multiple Awards
► Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.
♦ Past Performance
► Past performance is relevant information regarding a vendor's actions under previously awarded contracts; including the administrative aspects of performance; the vendor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor's businesslike concern for the interests of the customer.
Attachment A
Evaluation Criteria
♦ Pricing ( 40 points)
► Electronic Price Lists
■ Products, Services, Warranties, etc. price list
■ Prices listed will be used to establish both the extent of a vendor's product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ♦ Ability to Provide and Perform the Required Services for the Contract (25 points) ► Product Delivery within participating entities specified parameters ► Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
► Vendor's ability to perform towards above requirements and desired specifications. ► Quantity of line items available that are commonly purchased by the entity. ► Quality of line items available compared to normal participating entity standards. ♦ References (15 points)
► A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
♦ Technology for Supporting the Program (10 points)
► Electronic on-line catalog, order entry use by and suitability for the entity's needs ► Quality of vendor's on-line resources for NCPA members. ► Specifications and features offered by respondent's products and/or services ♦ Value Added Services Description, Products and/or Services (10 points) ► Marketing and Training
► Customer Service
Attachment A
Signature Form
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.
The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.
Prices are guaranteed: 120 days
Company name
Address
City /State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Attachment A
Tab 2 - NCPA Administration Agreement
This Administration Agreement is made as of __________ _, by and between National Cooperative Purchasing Alliance ("NCPA") and ("Vendor").
Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______ _, referenced as Contract Number ______ ___, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement"), for the purchase of Furniture;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;
NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:
♦ General Terms and Conditions
► The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ► NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.
► Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. ► NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. ► With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region Attachment A
14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and ( c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (Ii) obtain the due authorization and approval necessary to purchase under the Master Agreement NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement ► The Public Agency participating In the NCPA contract and Vendor may enter Into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement ♦ Term of Agreement
► This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all Indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement
♦ Fees and Reporting
► The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected].
Reports are due on the fifteenth (15th) day after the close of the previous month or quarter.
It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report The report shall include at least the following information as listed in the example below:
Entity Name Zip Code State PO or Job# Sale Amount
Total ____ _
► Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported.
From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis.
Deadline for term of payment will be included in the invoice NCPA provides.
Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001 + 1%
Attachment A
► Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA's costs and expenses for such audit ♦ General Provisions
► This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
► Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. ► If any action at law or In equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued Interest, the prevailing party shall be entitled to reasonable attorney's fees and costs In addition to any other relief to which such party may be entitled.
► Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void.
► This Agreement and NCPA's rights and obligations hereunder may be assigned at NCPA's sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA's obligations hereunder
. ► All written communications given hereunder shall be delivered to the addresses as set forth below.
National Cooperative Purchasing Alliance: Vendor:
Name: Name:
Title: Title:
Address: Address:
Signature: Signature:
Date: Date:
Attachment A
Tab 3 - Vendor Questionnaire
Please provide responses to the following questions that address your company's operations, organization, structure, and processes for providing products and services. ♦ States Covered
► Bidder must indicate any and all states where products and services can be offered. ► Please indicate the price co-efficient for each state if it varies.
D SO States & District of Columbia (Selecting this box is equal to checking all boxes below) OAiabama D Maryland D South Carolina
D Alaska D Massachusetts D South Dakota
D Arizona D Michigan D Tennessee
D Arkansas D Minnesota D Texas
D California D Mississippi □ Utah
D Colorado D Missouri □Vermont
D Connecticut D Montana D Virginia
D Delaware D Nebraska D Washington
D District of Columbia D Nevada D West Virginia
D Florida D New Hampshire D Wisconsin
D Georgia D New Jersey □ Wyoming
D Hawaii D New Mexico
0 Idaho D New York
D Illinois D North Carolina
D Indiana D North Dakota
0Iowa □ Ohio
D Kansas D Oklahoma
D Kentucky D Oregon
D Louisiana D Pennsylvania
D Maine 0 Rhode Island
Attachment A
D All US Territories and Outlying Areas (Selecting this box is equal to checking all b xes bet w) D American Somoa
D Federated States of Micronesia
0Guam
D Midway Islands
D Northern Marina Islands
D Puerto Rico
D U.S. Virgin Islands
♦ Minority and Women Business Enterprise (MWBE) and (HUB) Participation ► It is the policy of some entities participating In NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) In the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.
♦ Residency
• Minority/ Women Business Enterprise
• Respondent Certifies that this firm is a M/WBE
• Historically Underutilized Business
• Respondent Certifies that this firm is a HUB
□
□
► Responding Company's principal place of business is in the city of ______ � State of __ _
♦ Felony Conviction Notice
► Please Check Applicable Box;
□
□
□
A publically held corporation; therefore, this reporting requirement is not applicable.
Is not owned or operated by anyone who has been convicted of a felony.
Is owned or operated by the following individual(s
) who has/have been convicted of
a felony
► If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.
♦ Distribution Channel
► Which best describes your company's position in the distribution channel:
D Manufacturer Direct D Certified education/government reseller D Authorized Distributor D Manufacturer marketing through reseller D Value-added reseller D Other: __________ _
♦ Processing Information
► Provide company contact Information for the following:
• Sales Reports / Accounts Payable
Contact Person: _____________________ _
Title: _______________________ _
Company: _______________________ _
Address: _______________________ _
City: _________ State: ________ Zip: ___ _
Phone: __________ Email: __________ _
Attachment A
• Purchase Orders
Contact Person: _____________________ _
Title: ________________________ _
Company: _______________________ _
Address: _______________________ _
City: ________ State: _______ Zip: ___ _
Phone: Email: __________ _
• Sales and Marketing
Contact Person: _____________________ _
Title: _______________________ _
Company: _______________________ _
Address: _______________________ _
City: ________ State: _______ Zip: ___ _
Phone: __________ Email: __________ _
♦ Pricing Information
► In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. • If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.
D Yes D No
► Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.
D Yes D No
► Vendor will provide additional discounts for purchase of a guaranteed quantity. ♦ Cooperatives
D Yes D No.
► List any other cooperative or state contracts currently held or in the process of securing.
Cooperative/State Agency Discount Expires Annual Sales
Offered Volume
Attachment A
Tab 4 - Vendor Profile
Please provide the following information about your company:
♦ Company's official registered name.
♦ Brief history of your company, including the year it was established. ♦ Company's Dun & Bradstreet (D&B) number.
♦ Company's organizational chart of those individuals that would be involved in the contract. ♦ Corporate office location.
► List the number of sales and services offices for states being bid in solicitation. ► List the names of key contacts at each with title, address, phone and e-mail address. ♦ Define your standard terms of payment.
♦ Who is your competition in the marketplace?
♦ Provide Annual Sales for last 3 years broken out into the following categories:
► Cities / Counties
► K-12
► Higher Education
► Other government agencies or nonprofit organizations
♦ What differentiates your company from competitors?
♦ Describe how your company will market this contract if awarded. ♦ Describe how you intend to introduce NCPA to your company. ♦ Describe your firm's capabilities and functionality of your on-line catalog/ ordering website. ♦ Describe your company's Customer Service Department (hours of operation, number of service centers, etc.)
♦ Green Initiatives
► As our business grows, we want to make sure we minimize our impact on the Earth's climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, Attachment A
Attachment A
Tab 5 - Products and Services
♦ Respondent shall perform and provide these products and/ or services under the terms of this agreement The supplier shall assist the end user with making a determination of their individual needs.
♦ The following is a list of suggested (but not limited to) categories. List all categories along with manufacturer that you are responding with. Respondents do not have to offer every category in order to be considered for award.
► Audio / Visual Furniture
► Cafeteria
► Casegoods
► Classroom & Library
► Dormitory
► Ergonomic Solutions
► Filing Storage
► Healthcare
► Highmark
► Lighting
► Lounge / Reception
► Related Products and Support Services
► Science Lab
► Seating / Chairs
► Tables / Meeting Conference Room
► Technology Support Furniture
► Workstation
► List how your company will handle the following items:
■ Local Representation
■ ProductSupport
■ Delivery and Installation
■ Warehousing
■ Warranty & Claims
■ In-stock Furniture
♦ Manufacturers
► If respondent is a manufacturer please provide list of dealers/resellers you wish to assign underneath the contract
Attachment A
Tab 6 - References
♦ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities. ♦ All references should include the following information from the entity:
► Entity Name
► Contact Name and Title
► City and State
► Phone
► Years Serviced
► Description of Services
► Annual Volume
Attachment A
Tab 7 - Pricing
♦ Please submit price list electronically (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list Prices submitted will be used to establish the extent of a respondent's products and services (Tab 5) that are available and also establish pricing per item.
♦ Price lists must contain the following:
► Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
► Description
► Vendor's List Price
► Percent Discount to NCPA participating entities
♦ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice.
♦ Not To Exceed Pricing
► NCPA requests pricing be submitted as "not to exceed pricing" for any participating entity. ► The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
► NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.
Attachment A
Tab 8 - Value Added Products and Services
♦ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.
Attachment A
Tab 9 - Required Documents
♦ Clean Air and Water Act/ Debarment Notice
♦ Contractors Requirements
♦ Antitrust Certification Statements
♦ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ♦ Required Clauses for Federal Assistance by FTA
♦ State Notice Addendum
Attachment A
Clean Air and Water Act & Debarment Notice
I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended ( 42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under 0MB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.
1 hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations Potential Vendor
Print Name
Address
City, Sate, Zip
Authorized signature
Date
Attachment A
Contractor Requirements
Contractor Certification
Contractor's Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it Is will operate this contract in.
Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract These Entities reserve the right to confirm compliance in accordance with applicable laws.
Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including. but not limited to:
suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.
The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.
Contractor shall comply with governing board policy of the NCPA Participating entities in which work ls being performed Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service.
Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.
The offerer shall comply with fingerprinting requirements In accordance with appropriate statutes in the state in which the work Is being performed unless otherwise exempted.
Contractor shall comply with governing board policy in the school district or Participating Entity in which work ls being performed
Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations In Sudan and/or Iran.
Authorized signature
Date
Attachment A
Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or Individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged In the same line of business as the Company.
Company name
Address
City /State/Zip
Telephone No.
Fax No.
Email address
Printed name
Position with company
Authorized signature
Attachment A
FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement Is funded In whole or in part by Federal Emergency Management Agency {"FEMA") grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, Including, but not limited to the contractual procedures set forth In Title 44 of the Code of Federal Regulations, Part 13 {"44 CFR 13").
In addition, Contractor agrees to the following specific provisions:
1) Pursuant to 44 CFR 13.36(1)(1), University Is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor's compliance with the terms of this Master Agreement, Including but not limited to those remedies set forth at 44 CFR 13.43.
2) Pursuant to 44 CFR 13.36{1){2), University may terminate the Master Agreement for cause or convenience In accordance with the procedures set forth In the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(1)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:
a. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor ("DOL") regulations (41 CFR Ch. 60);
b. Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations {29 CFR Part S); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act {40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5);
e. Section 306 of the Clean Air Act {42 U.S,C. 1857(h), section SOB of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained In the state energy conservation play Issued In compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871).
4) Pursuant to 44 CFR 13.36(1)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, Including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(1)(8), Contractor agrees to the following provisions 72 regarding patents:
a. All rights to Inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of In accordance with the participating agencies policy. The participating agency, at Its own discretion, may file for patents In connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(1)(9), Contractor agrees to the following provisions, regarding copyrights:
a. If this Agreement results in any copyrightable material or Inventions, In accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and Irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes:
1) The copyright In any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(1)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(1)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth In 44 CFR 13.42.
Attachment A
Required Clauses for Federal Assistance provided by FTA
ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except In the event of litigation or settlement of claims arising from the performance of this Contract, In which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to Inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.
FTA does not require the Inclusion of these requirements of Article 1.01 In subcontracts. Reference 49 CFR 18.39 (1)(11).
CIVIL RIGHTS/ TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal Implementing regulations and other Implementing requirements FTA may issue.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.s.c. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken In the course of this Project.
Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall Include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, Including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may Issue. b. �- In accordance with the Age Discrimination In Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) Implementing regulations, "Age Discrimination In Employment Act", 29 CFR Part 1625, prohibit employment discrimination by Contractor against Individuals on the basis of age, Including present and prospective Attachment A
employees. In addition, Contractor agrees to comply with any Implementing requirements FTA may Issue.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified Individuals with disabilities In programs, activities, and services, and Imposes specific requirements on public and private entitles. Contractor agrees that It will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA In employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor's control where segregated facilities are maintained. As used in this certification the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are In fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as It or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) cancellation, termination or suspension of the Contract, In whole or In part.
Contractor agrees to include the requirements of this clause in each subcontract financed In whole or In part with Federal assistance provided by FTA, modified only if necessary to Identify the affected parties.
DISADVANTAGED BUSINESS PARTICIPATION
This Contract Is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, "Participation by Disadvantaged Business Enterprises In Department of Transportation Flnanclal Assistance Programs•, therefore, It is the policy of the Department ofTransportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined In 49 CFR Part 26, have an equal opportunity to receive and participate In the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex In the performance of this Contract. Contractor shall carry out all appllcablerequirements of 49 CFR Part 26 In the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements Is a material breach of this Contract, which may result In the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must Include the assurance in this paragraph. (See 49 CFR 26.13(b)).
Attachment A
2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor's receipt of payment for that Work from public agency. In addition, Contractor Is required to retum any retainage payments to those subcontractors within thirty (30) days after the subcontractor's work related to this Contract Is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract Is terminated or falls to complete Its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through Its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this contract, Contractor will cooperate with public agency In meeting Its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal Is set for this Contract.
Contractor agrees to use good faith efforts to carry out a policy In the award of Its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.
ENERGY CONSERVATION REQUIREMENTS
contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained In the State energy conservation plans issued under the Energy Polley and Conservation Act, as amended, 42 U.S.C, Sections 6321 et seq. and 41 CFR Part 301-10.
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference In the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract, Contractor's failure to so comply shall constitute a material breach of this Contract.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions Include, In part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth In the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220,lF, dated November 1, 2008, are hereby Incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control In the event of a conflict with other provisions contained In this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be In violation of the FTA terms and conditions.
NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government's express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government Is not a party to this Contract and shall not be subject to any obligations or liabllltles to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.
Attachment A
Contractor agrees to include the above clause in each subcontract financed in whole or In part with federal assistance provided by the FTA. It is further agreed that the clause shall not be mad/fled, except to identify the subcontractor who w/11 be subject to Its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud CiVII Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,• 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, It makes, It may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work Is being performed.
In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to Impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.
Contractor also acknowledges that If It makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that Is financed In whole or In part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(l) on the Contractor, to the extent the Federal Government deems appropriate.
Contractor agrees to Include the above clauses In each subcontract financed In whole or In part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to Identify the subcontractor who will be subject to the provisions.
Attachment A
State Notice Addendum
Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes:
Nationwide: http://www.usa.gov/Agencies/Local Government/Cities.shtml Other States: Cities, Towns, Villages, and Boroughs
No. 54 CITY OF MOSIER
Cities, Towns, Villages and Boroughs in Oregon 55 CITY OF NEWBERG 1 CEDAR MILL COMMUNITY LIBRARY 56 CITY OF NORTH PLAINS
2 CITY COUNTY INSURANCE SERVICES 57 CITY OF OREGON CITY 3 CITY OF ADAIR VILLAGE 58 CITY OF PHOENIX
4 CITY OF ALBANY 59 CITY OF PILOT ROCK
5 CITY OF ASHLAND 60 CITY OF PORT ORFORD
6 CITY OF ASTORIA OREGON 61 CITY OF PORTLAND
7 CITY OF AUMSVILLE 62 CITY OF POWERS
8 CITY OF AURORA 63 CITY OF REDMOND
9 CITY OF BEAVERTON 64 CITY OF REEDSPORT
10 CITY OF BOARDMAN 65 CITY OF RIDDLE
11 CITY OF BURNS 66 CITY OF SALEM
12 CITY OF CANBY 67 CITY OF SANDY
13 CITY OF CANNON BEACH OR 68 CITY OF SANDY
14 CITY OF CANYONVILLE 69 CITY OF SCAPPOOSE
15 CITY OF CENTRAL POINT POLICE DEPARTMENT 70 CITY OF SEASIDE 16 CITY OF CLATSKANIE 71 CITY OF SHADY COVE
17 CITY OF COBURG 72 CITY OF SHERWOOD
18 CITY OF CONDON 73 CITY OF SPRINGFIELD
19 CITY OF COOS BAY 74 CITY OF ST. PAUL
20 CITY OF CORVALLIS 75 CITY OF STAYTON
21 CITY OF COTTAGE GROVE 76 CITY OF TIGARD, OREGON
22 CITY OF CRESWELL 77 CITY OF TUALATIN, OREGON
23 CITY OF DALLAS 78 CITY OF WARRENTON
24 CITY OF DAMASCUS 79 CITY OF WEST LINN/PARKS
25 CITY OF DUNDEE 80 CITY OF WILSONVILLE
26 CITY OF EAGLE POINT 81 CITY OF WINSTON
27 CITY OF ECHO 82 CITY OF WOOD VILLAGE
28 CITY OF ESTACADA 83 CITY OF WOODBURN
29 CITY OF EUGENE 84 CITY OF YACHATS
30 CITY OF FAIRVIEW 85 FLORENCE AREA CHAMBER OF COMMERCE 31 CITY OF FALLS CITY 86 GASTON RURAL FIRE DEPARTMENT
32 CITY OF GATES 87 GLADSTONE POLICE DEPARTMENT
33 CITY OF GEARHART 88 HOUSING AUTHORITY OF THE CITY OF SALEM 34 CITY OF GERVAIS 89 KEIZER POLICE DEPARTMENT
35 CITY OF GOLD HILL 90 LEAGUE OF OREGON CITIES
36 CITY OF GRANTS PASS 91 MALIN COMMUNITY PARK AND RECREATION DISTRICT 37 CITY OF GRESHAM 92 METRO
38 CITY OF HAPPY VALLEY 93 MONMOUTH - INDEPENDENCE NETWORK 39 CITY OF HILLSBORO 94 PORTLAND DEVELOPMENT COMMISSION 40 CITY OF HOOD RIVER 95 RAINIER POLICE DEPARTMENT
41 CITY OF JOHN DAY 96 RIVERGROVE WATER DISTRICT
42 CITY OF KLAMATH FALLS 97 SUNSET EMPIRE PARK AND RECREATION 43 CITY OF LA GRANDE 98 THE NEWPORT PARK AND RECREATION CENTER 44 CITY OF LAKE OSWEGO 99 TILLAMOOK PEOPLES UTILITY DISTRICT 45 CITY OF LAKESIDE 100 TUALATIN VALLEY FIRE & RESCUE
46 CITY OF LEBANON 101 WEST VALLEY HOUSING AUTHORITY
47 CITY OF MALIN No. Counties and Parishes
48 CITY OF MCMINNVILLE 1 ASSOCIATION OF OREGON COUNTIES 49 CITY OF MEDFORD 2 BENTON COUNTY
50 CITY OF MILL CITY 3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION 51 CITY OF MILLERSBURG 4 CLATSOP COUNTY
52 CITY OF MILWAUKIE 5 COLUMBIA COUNTY, OREGON
53 CITY OF MORO 6 COOS COUNTY HIGHWAY DEPARTMENT
7 CROOK COUNTY ROAD DEPARTMENT
Attachment A
CURRY COUNTY OREGON 3
9 DESCHUTES COUNTY 4 10 DOUGLAS COUNTY s
11 GIUIAM COUNTY 6
12 GILUAM COUNTY OREGON 7
13 GRANT COUNTY, OREGON B
14 HARNEY COUNTY SHERIFFS OFFICE 9
15 HOOD RIVER COUNTY 10
16 HOUSING AUTHORITY OF ClACICAMAS COUNTY 11
17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 12
18 JEFFERSON COUNTY 13
19 KlAMATH COUNTY VITTRANS SERVICE OFFICE 14
20 lAKE COUNTY 1S
21 lANECOUNTY 16
22 LINCOLN COUNTY 17
23 LINN COUNTY 18
24 MARION COUNTY, SALEM, OREGON 19
25 MORROW COUNTY 20
26 MULTNOMAH COUNTY 21
27 MULTNOMAH COUNTY 22
28 MULTNOMAH lAW LIBRARY 23
29 NAMI lANE COUNTY 24
30 POLK COUNTY 2S
31 SHERMAN COUNTY 26
32 UMATIUA COUNTY, OREGON 27
33 UNION COUNTY 28
34 WALLOWA COUNTY 29
3S WASCO COUNTY 30
36 WASHINGTON COUNTY 31
37 YAMHIU COUNTY 32
1 SOARD OF WATER SUPPLY 33
COUNTY Of HAWAII 34
3 MAUI COUNTY COUNOL 3S
No, Higher Education 36
1 BIRTHINGWAY COLLEGE OF MIDWIFERY 37
2 BWE MOUNTAIN COMMUNITY COLLEGE 38
3 CENTRAL OREGON COMMUNITY COLLEGE 39
4 CHEMEKETA COMMUNITY COLLEGE 40
s ClACKAMAS COMMUNITY COUEGE 41
6 COLUMBIA GORGE COMMUNITY COLLEGE 42
7 GEORGE FOX UNIVERSITY 43
8 KlAMATH COMMUNITY COLLEGE DISTRICT 44
9 lANE COMMUNITY COUEGE 4S
10 LEWIS AND ClARK COLLEGE 46
11 UNFIELD COLLEGE 47
12 LINN-BENTON COMMUNITY COLLEGE 48
13 MARYLHURST UNIVERSITY 49
14 MT. HOOD COMMUNITY COLLEGE so
15 MULTNOMAH BIBLE COLLEGE 51
16 NATIONAL COLLEGE Of NATURAL MEDICINE S2
17 NORTHWEST CHRISTIAN COUEGE 53
18 OREGON HEALTH ANO SOENCE UNIVERSITY 54
19 OREGON UNIVERSITY SYSTEM 55
20 PAOFIC UNIVERSITY 56
21 PORTILAND COMMUNITY COLLEGE 57
22 PORTllAND STATE UNIV. 58
23 REED COillGE 59
24 ROGUE COMMUNITY COLLEGE 60
25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 61
26 TIUAMOOK BAY COMMUNITY COUEGE 62
27 UMPQUA COMMUNITY COUEGE 63
28 WESTERN STATES CHIROPRACTIC COLLEGE 64
29 WIUAMETTE UNIVERSITY 65
1 ARGOSY UNIVERSITY 66
2 BRIGHAM YOUNG UNIVERSITY
- HAWAII 67
3 COLLEGE Of THE MARSHALL ISLANDS 68
4 RESEARCH CORPORATION Of THE UNIVERSITY Of HAWAII 69
5 UNIVERSITY Of HAWAII AT MANDA 70
No, K-12 71
1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL 72
2 BAl<ER COUNTY SCHOOL DIST. 16J
- MALHEUR ESO 73
74 BAKER SCHOOL DISTRICT Sc-J
BANOON SCHOOL DISTRICT
BANKS SCHOOL DISTRICT
BEAVERTON SCHOOL DISTRICT
BEND / lA PINE SCHOOL DISTRICT
BENO-IA PINE SCHOOL DISTRICT
BROOl<ING HARBOR SCHOOL DISTRICT N0.17-C
CANBY SCHOOL DISTRICT
CASCADE
CANYONVILLE CHRISTIAN ACADEMY
CASCADES
SCHOOL DISTRICT
ACADEMY OF CENTRAL OREGON
CENTENNIAL SCHOOL DISTRICT CENTRAl CATHOLIC HIGH SCHOOL
CENTRAL POINT SCHOOL DI
STRICT NO. 6
CENTRAl SCHOOL DISTRICT 13J ClACKAMAS EDUCATION SERVICE DISTRICT COOS BAY SCHOOL DISTRICT COOS BAY SCHOOL DISTRICT N0.9
COQUILLE SCHOOL DISTRICT 8
COUNTY Of YAMHIU SCHOOL DISTRICT 29
CRESWEU SCHOOL DISTRICT
CROSSROADS CHRISTIAN SCHOOL
CULVER SCHOOL DISTRICT NO.
DAUAS SCHOOL DISTRICT NO. 2
DAVID OOUGLAS SCHOOL DISTRICT
DAYTON SCHOOL DISTRICT No.a
DE lA SALLE N CATHOLIC HS
DESCHUTES COUNTY SO N0.6-SISTERS SD
DOUGLAS COUNTY SCHOOL DISTRICT 116
DOUGLAS EDUCATION SERVICE DISTRICT
DUFUR SCHOOL DISTRICT N0.29
ELKTON SCHOOL DISTRICT N0.34
ESTACADA SCHOOL DISTRICT N0.108
FOREST GROVE SCHOOL DISTRICT
GASTON SCHOOL DISTRICT S11J
GEN CONF Of SDA CHURCH WESTERN OR
GlADSTONE SCHOOL DISTRICT
GLENDALE SCHOOL DISTRICT
GUDE SCHOOL DISTRICT N0.12
GRANTS PASS SCHOOL DISTRICT 7
GREATER ALBANY PUBLIC SCHOOL DISTRICT
GRESHAM-BARLOW SCHOOL DISTRICT
HARNEY COUNTY SCHOOL DIST.
N0.3
HARNEY EDUCATION SERVICE DISTRICT
HEAD START OF lANE COUNTY
HERfTAGE CHRISTIAN SCHOOL
HIGH DESERT EDUCATION SERVICE DISTRICT HOOD RIVER COUNTY SCHOOL DISTRICT JACKSON CO SCHOOL DIST N0.9
JEFFERSON COUNTY SCHOOL DISTRICT 509-J