Agenda packet — City Council and Concurrent Authorities, December 6, 2022 (part 1 of 2)

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

Canopy by Hilton Washington DC the Wharf
975 7th Street SW, Business Center
Washington DC, 20024

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 22-1151 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: Ralph Lee White v. City Council of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UOCT-2018-4379)
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.

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Department: City Attorney

3.2 22-1153 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: City Manager Harry Black Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

3.3 22-1155 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

Department: City Attorney

3.4 22-1157 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

Department: City Attorney

3.5 22-1159 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

Department: City Attorney

3.6 22-1162 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
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4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 22-1167 PROCLAMATION: ARBOR DAY
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 22-0967 2022 CONFLICT OF INTEREST CODE AMENDMENT
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution to amend the City's Conflict of Interest Code by adding and deleting certain designated positions.

Department: City Clerk
Attachment A - 2022 Conflict of Interest Code - Redlined Proposed Resolution - 2022 Conflict of Interest Code
2022 Conflict of Interest Code
Attachments:

12.2 22-1178 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of September 27, 2022 and October 18, 2022
Department: City Clerk
Attachment A – 2022-09-27 Minutes
Attachment B – 2022-10-18 Minutes
Attachments:

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12.3 22-1048 APPROVE A MOTION ACCEPTING THE 2022 ANNUAL PROGRESS REPORT TO CONFIRM 200-YEAR URBAN LEVEL OF FLOOD
PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA
Recommended Action: RECOMMENDATION
Staff recommends that City Council:

1. Approve a motion accepting the 2022 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area; and

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

Department: Community Development
Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map
Attachment D - Annual Progress Report 2022
Attachments:

12.4 22-1090 RESOLUTION APPOINTING AISHA ABERCROMBIE, MAURICE

SPILLER AND IRIE WOODS TO THE STOCKTON ARTS

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

1. Appoint Aisha Abercrombie, Maurice Spiller, and Irie Woods to the Stockton Arts Commission with term to commence immediately upon approval.

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

Department: Community Services
Attachment A - SAC Candidate Applications (redacted)
Proposed Resolution - SAC Appointments 2022
Attachments:

12.5 22-0990 AUTHORIZE AN AGREEMENT WITH THE MIRACLE MILE

IMPROVEMENT DISTRICT TO MANAGE THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing the Miracle Mile Improvement District, a non-profit corporation (the "Owner's Association") to operate the Miracle Mile Community Improvement District ("MMCID") with responsibility for managing the community improvement district assessments and delivery of enhanced services, as described in the adopted Management District Plan, dated April 2022, including the delivery of programs, enhanced maintenance, safety, marketing, management, and advocacy services;

2. Authorizing the City Manager, or designee, to execute the Agreement between the City and the Owner's Association; and,

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

Department: Economic Development
Attachment A - MMCID Boundary Map
Attachment B - SMC Ordinance No. 2022-03-22-1211
Attachment C - Resolution No. 2022-07-12-1203
Attachment D - Resolution No. 2022-09-13-1602
Proposed Resolution - MMID Agreement
Exhibit 1 - Miracle Mile Agreement
Attachments:

12.6 22-0996 ADOPT A RESOLUTION APPROVING AN AMENDMENT WITH VISIT

STOCKTON TO SUPPORT YEARS TWO AND THREE OF FLAVOR

FEST EVENT PROGRAMMING
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager, or designee, to execute an amendment to the Visit Stockton contract (attached as Exhibit 1 to the Resolution); and

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

Department: Economic Development
Attachment A - Current Contract
Attachment B - Flavor Fest Details and Impact Report
Proposed Resolution - Visit Stockton
Exhibit 1 - First Amendment Visit Stockton Contract
Attachments:

12.7 22-1013 AUTHORIZE FIRST AMENDMENTS WITH GILL HOSPITALITY, INC.,

AND SETHI HOLDINGS, LP, FOR TWO PUBLIC FACILITIES FEES
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DEFERRED PAYMENT AGREEMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing the First Amendments to the Deferred Payment Agreements with Gill Hospitality, Inc. and Sethi Holdings, LP, associated with Building Permits 20-08543 and 21-00268, to defer the initial payments of eligible Public Facilities Fees for the property located at 3651 Arch Road until the following year; and

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

Department: Economic Development
Attachment A - Resolution No. 91-0119
Attachment B -Deferred Payment Agreement BP20-08543
Attachment C - Deferred Payment Agreement BP21-00268
Proposed Resolution - Deferred Payment Amendment
Exhibit 1- Proposed Amendment for BP20-08543
Exhibit 2 - Proposed Deferred Payment Amendment BP21-00268 Attachments:

12.8 22-1034 APPROVE BY MOTION REALLOCATION OF $800,000 IN AMERICAN

RESCUE PLAN ACT (ARPA) FUNDS FROM THE BUSINESS

ATTRACTION AND EXPANSION INCENTIVES CATEGORY TO THE
BUSINESS FAÇADE & OUTDOOR DINING CATEGORY AND TO

ENTER INTO AN AGREEMENT WITH THE DOWNTOWN STOCKTON
ALLIANCE TO ADMINISTER THE ARPA BUSINESS FAÇADE

IMPROVEMENT PROGRAM
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve by motion the authorization to:

1. Reallocate $800,000 in American Rescue Plan Act (ARPA) funds from the Business Attraction and Expansion Incentives category to the Business Fa�ade & Outdoor Dining category;

2. Approve and authorize the City Manager, or designee, to execute an agreement based on the scope of work attached (Attachment A), with the Downtown Stockton Alliance in the amount of $2,042,500, including $204,250 for administrative costs, to manage and administer the ARPA Business Fa�ade Improvement Program;

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

4. 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 - Draft Scope of Work

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 22-1095 APPROVE A MOTION TO END THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ENDING THE COVID-19
STATE OF EMERGENCY EFFECTIVE FEBRUARY 28, 2023
Recommended Action: RECOMMENDATION
Approve a motion to end the Proclamation of the Existence of a Local Emergency, dated March 12, 2020, ending the COVID-19 State of Emergency in the City of Stockton, effective February 28, 2023.

Department: City Manager
Attachment A -Proclamation_Existence Local Emergency
Attachment B - Resolution Ratifying Emergency Proclamation Attachments:

15.2 22-1145 ADOPT A RESOLUTION TO APPROVE SUBGRANTEES FOR THE

CALIFORNIANSFORALL YOUTH WORKFORCE PROGRAM
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to execute agreements with four (4) subgrantees totaling $2,592,405 to implement youth workforce programs with the CaliforniansForAll Youth Workforce Program grant funds.

2. Authorize the City Manager to use the CaliforniansForAll Youth Workforce Program grant funds to create a City Summer Jobs Youth Pilot Program.

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

Department: City Manager
Proposed Resolution - CA4All Subgrantees

15.2 - PPT - CA4All Youth Workforce Grant
Attachments:

15.3 22-1035 RECOMMENDATION FROM THE MEASURE A ADVISORY

COMMITTEE TO THE COUNCIL FOR FUNDING OF AN

INDEPENDENT AUDITOR ON THE USES OF MEASURE A

PROCEEDS
Recommended Action: RECOMMENDATION
It is recommended that the City Council consider a recommendation from the Measure A Citizens' Advisory Committee (Committee) regarding an additional audit of the financial statements of Measure A funds.

Department: Administrative Services
Attachment A - 10-03-2022 Measure A Minutes
Attachment B - Measure A Ordinance 2013-07-09-1601
Attachment C - Reso 2013-10-08-1505 Citizen Committee Charter Attachment D - 10-06-2015 Council Staff Report
PPT - 15.3 - Measure A - Financial Audits Recommendation Attachments:

16. HEARINGS**

16.1 22-0963 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN

MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE
PLAN 2023 DEVELOPMENT FEE SCHEDULE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the San Joaquin Multi-Species Habitat Conservation and Open Space Plan 2023 development fee schedule.

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: Community Development
Attachment A - SJMSCP Reports
Attachment B - Habitat Fee Areas
Attachment C - Regional Preserve Areas
Proposed Resolution - Recommending Approval
PPT - 16.1 - Habitat Fee Hearing
Attachments:

16.2 22-1063 ADOPT A RESOLUTION CERTIFYING AN ENVIRONMENTAL

IMPACT REPORT, ADOPT AN ORDINANCE FOR PRE-ZONING,

ADOPT A DEVELOPMENT AGREEMENT, ADOPT A RESOLUTION

AUTHORIZING ANNEXATION REQUESTS FOR A PROPOSED
INDUSTRIAL DEVELOPMENT AT 5110, 5150, 5268, 5280, AND 5290 MARIPOSA ROAD, 4500 EAST CLARK ROAD, AND 4600 AND 4610
MARFARGOA DRIVE (APNS 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24) (P20-0805), AND APPROVE RELATED SETTLEMENT

DOCUMENTS
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt a Resolution certifying the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283), including a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program; and

2. Adopt an Ordinance for the Pre-zoning of APNs 179-220-10; -11; -12; -13; -16; -17; -18-; 19; and -24 to Industrial, Limited (IL); and

3. Adopt an Ordinance for a Development Agreement; and

4. Adopt a resolution approving a Settlement Agreement with the Sierra Club; and approving a Memorandum of Understanding with the State of California Department of Justice; and

5. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and

6. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions, ordinance, Settlement Agreement, and Memorandum of Understanding.

Department: Community Development
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Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Project Plan
Attachment E - Draft EIR
Attachment F - Planning Commission Resolutions
Proposed Resolution - Environmental Impact Report
Exhibit 1 - Revised Final FEIR
Exhibit 2 - Findings of Fact
Exhibit 3 - MMRP
Proposed Resolution - Annexation
Exhibit 1 - City Services Plan
Exhibit 2 - Prezone Description and Map
Exhibit 3 - Draft Montezuma Agreement
Exhibit 4 - MSR 10 Year Horizon Exhibit
Proposed Ordinance - Prezone
Exhibit 1 - Prezone Description and Map
Proposed Ordinance - Development Agreement
Exhibit 1 - Development Agreement
Proposed Resolution - Settlement Agrement and MOU
Exhibit 1 - Settlement Agreement Sierra Club
Exhibit 2 - Memorandum of Understanding with Exhibit
PPT - Mariposa CC PPT 2022-12-06
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 22-1118 STRONG COMMUNITIES ADVISORY COMMITTEE ANNUAL

REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEAR
2020-21
Recommended Action: RECOMMENDATION
This item is an informational item submitting the Strong Communities Advisory Committee Annual Report for Fiscal Year 2020-21 to the City Council.

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Department: Administrative Services
Attachments: Attachment A - Strong Communities Annual Report FY 2020_21

2. 22-1181 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
Audit 2022-06-13
CWC 2022-06-09
CWC 2022-07-14
Measure W 2022-05-26
Planning Commission 2022-05-12
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 November 30, 2022, in compliance with the Brown Act.

Eliza R. Garza, CMC
City Clerk
By: ________________________________
Deputy
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PUBLIC COMMENTS
*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.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. e-Comment - follow the e-comment link on the City's agenda page stockton.granicusideas.com/meetings

2. Email - you may email your comments to [email protected]

3. Voicemail - you can leave a voice message by dialing (209) 937-8459.

4. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 3-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. ***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 a person with a disability 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) 937-8458, 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 City of Stockton Page 13 Printed on 11/30/2022
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which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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Legislation Text
File #: 22-0967, Version: 1
2022 CONFLICT OF INTEREST CODE AMENDMENT

RECOMMENDATION
It is recommended that City Council adopt a resolution to amend the City’s Conflict of Interest Code by adding and deleting certain designated positions.

Summary
This is the Biennial Review and amendment to the City’s Conflict of Interest Code as required by the Fair Political Practices Commission. In July 2022, all Departments were notified of the review and were requested to submit any changes to their department’s designated positions as reflected in the Conflict of Interest Code. The amendments to the Conflict of Interest Code were made as indicated in Attachment A as strike-out text and red text. The Disclosure Categories and department amendments have been reviewed and approved by the City Attorney.

DISCUSSION
Background
The Political Reform Act (Cal. Gov. Code § 87100, et seq.) (“the Act”) requires every city to adopt a Conflict of Interest Code that identifies designated officials and employees in the agency who must file a financial disclosure statement. This section of the Act was established to ensure that:
“No public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest” (Cal. Gov. Code § 87100).

Government Code Section 87200 of the Act requires certain public officials, including City Mayors and Councilmembers, City Managers, City Attorneys, City Treasurers, and Planning Commissioners to file an annual statement fully disclosing economic interests. The Act specifically excludes designation of positions in conflict of interest codes that are covered under section 87200, and therefore, those positions are not included in this review. Statements completed by officials holding these positions are filed with the Fair Political Practices Commission (FPPC) through the City Clerk.

Government Code section 91013 authorizes the City Clerk, as the Filing Official for the City of Stockton, to impose a late filing penalty in the form of a fine of $10 per day for each day a statement is late up to a maximum fine of $100.

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15 File #: 22-0967, Version: 1
Present Situation
The Act requires agencies to amend their code "...when change is necessitated by changed circumstances, including the creation of new positions which must be designated..." (Cal. Gov. Code § 87306). The Council is required to approve by resolution its current Conflict of Interest Code with modifications recommended by staff as noted in Attachment A. Newly designated positions are written in red text. Previously designated positions recommended for deletion are lined through.

FINANCIAL SUMMARY
There is no financial impact to the City as a result of these amendments.

Attachment A - 2022 Conflict of Interest Code Redlined
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16 ATTACHMENT A
APPENDIX A: Page 1 of 8

CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX A: DEPARTMENTS AND OFFICES

ADMINISTRATIVE SERVICES DEPARTMENT
Designated Position Disclosure Category
Accounting Manager 5
Assistant Chief Financial Officer 5
Budget Analyst I/II 1
Budget Officer 1
Grants Analyst 1
Materials Supervisor 5
Procurement Specialist I/II 3
Procurement Manager 5
Program Manager I/II 1
Program Manager III 5
Reprographics Supervisor 5
Revenue Officer 5
Senior Budget Analyst (Confidential) 1
Senior Procurement Specialist 3
Supervising Procurement Specialist 3

CITY ATTORNEY
Designated Position Disclosure Category
Assistant City Attorney 1
Deputy City Attorney 1

CITY AUDITOR
Designated Position Disclosure Category
Administrative Analyst I/II 1
Assistant City Auditor 1
City Auditor 1
Deputy City Auditor I/II 1
Senior Administrative Analyst 1
Senior Deputy City Auditor 1
17 ATTACHMENT A
APPENDIX A: Page 2 of 8

CITY CLERK
Designated Position Disclosure Category
City Clerk 1
Assistant City Clerk I/II 1
Senior Deputy City Clerk 5
Supervising Deputy City Clerk/Operations 3

CITY MANAGER
Designated Position Disclosure Category
Administrative Analyst I/II 1
Assistant to the City Manager 1
Community Relations Officer 5
Deputy City Manager 1
Director of Performance and Data Analytics 1
Office of Violence Prevention Director 1
Office of Violence Prevention Manager 1
Program Manager III 1
Senior Administrative Analyst 1
Consultants 1

COMMUNITY DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Director of Community Development 1
Assistant Planner 4
Associate Civil Engineer 4
Associate Engineer 4
Associate Planner 4
Combination Inspector I/II 4
Community Development Technician 4
Deputy Building Official 4
Deputy Director/Building 1
Deputy Director/Planning and Engineering Services 1
Director of Community Development 1
Engineering Technician I/II/ 4
Junior Engineer 4
18 ATTACHMENT A
APPENDIX A: Page 3 of 8
COMMUNITY DEVELOPMENT DEPARTMENT (continued)
Designated Position Disclosure Category
Plan Check Engineer 4
Plan Checker I/II 4
Planning Manager 4
Principal Civil Engineer 3
Program Manager I/II 4
Program Manager III 4
Revenue Assistant I/II 3
Senior Building Inspector 5
Senior Civil Engineer 4
Senior Community Development Technician 4
Senior Engineering Technician 4
Senior Plan Checker 4
Senior Planner 4
Supervising Combination Inspector 4
Supervising Plan Check/Structural Engineer 4

COMMUNITY SERVICES DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 5
Director of Community Services 1
Deputy Director of Community Services-City Librarian 1
Deputy Director of Community Services/Recreation 1
Executive Assistant 5
Library Manager 5
Program Manager III 5
Recreation Superintendent 5
Recreation Supervisor 5
Senior Administrative Analyst 5
19 ATTACHMENT A
APPENDIX A: Page 4 of 8

ECONOMIC DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Economic Development Director 1
Economic Development Analyst 4
Economic Development Deputy Director 1
Economic Development Director 1
Grants Analyst 4
Housing Deputy Director 1
Parking and Venues Manager 4
Program Manager I/II - Administration 4
Program Manager III – Parking Authority and Venues 4
Real Property Agent I/II 4
Project Manager I/II/III – Housing and Asset Management 4 Senior Administrative Analyst 4
Senior Economic Development Analyst 4
Senior Housing Rehabilitation Counselor 4
Senior Real Property Agent 4
Supervising Real Property Agent 4
Consultants Consultants

FIRE DEPARTMENT
Designated Position Disclosure Category
Assistant Fire Marshall 5
Captain/Fire Inspector 5
Deputy Fire Chief I/II 5
Deputy Fire Marshal 5
Division Chief 5
ECD Captain 5
Emergency Manager 5
EMS Captain/Division of Training 5
Fire Battalion Chief 5
Fire Chief 1
Fire Marshall (Fire and Prevention) 5
Firefighter Engineer 5
20 ATTACHMENT A
APPENDIX A: Page 5 of 8
FIRE DEPARTMENT (continued)
Designated Position Disclosure Category
Fire Protection Specialist 5
Plan Checker I/II 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Supervising Fire Prevention Inspector 5
Suppression Captain/Division of Training 5

HUMAN RESOURCES DEPARTMENT
Designated Position Disclosure Category
Assistant Director of Human Resources 1
Deputy Director of Human Resources 1
Director of Human Resources 1
Human Resources Manager/ Safety Officer 1
Liability Claims Investigator I/II 1
Program Manager III 1
Senior Risk Analyst 1
Consultants Consultants

INFORMATION TECHNOLOGY DEPARTMENT
Designated Position Disclosure Category
Deputy Information Technology Director 1
Director of Information Technology 1
Information Technology Supervisor 5
Information Technology Officer 5
Network Support Analyst II 5
Program Manager I/II/III 5
Project Manager II 5
Senior Systems Analyst 5
Consultants Consultants
21 ATTACHMENT A
APPENDIX A: Page 6 of 8
MAYOR
Designated Position Disclosure Category
Executive Assistant to the Mayor 1
Mayor’s Senior Policy Advisor 1
Public Information Officer II 1
Program Manager III 1
Consultants Consultants

MUNICIPAL UTILITIES DEPARTMENT
Designated Position Disclosure Category
Assistant Director of Municipal Utilities 5
Assistant Engineer 5
Associate Civil Engineer 5
Chief Plant Operator – Wastewater 5
Chief Plant Operator – Water 5
Chief Water Systems Operator 5
Deputy MUD Director/Maintenance & Collection Systems 5
Deputy MUD Director/Wastewater 5
Deputy MUD Director/Water Resources 5
Director of Municipal Utilities 1
Engineering Services Manager Municipal Utilities 5
Environmental Control Officer 5
MUD Financial Officer 5
Principal Civil Engineer 5
Program Manager I/II/III 5
Public Works Inspector 5
Senior Civil Engineer 5
Senior Environmental Control Officer 5
Technical Services Supervisor 5

OFFICE OF VIOLENCE PREVENTION
Designated Position Disclosure Category
Office of Violence Prevention Director 1
Office of Violence Prevention Manager 1
Consultants Consultants
22 ATTACHMENT A
APPENDIX A: Page 7 of 8

POLICE DEPARTMENT
Designated Position Disclosure Category
Chief of Police 5
Deputy Chief of Police I/II 5
Police Captain 5
Police Fiscal Affairs/Planning Manager 5
Police Services Manager 5
Program Manager I/II/III 5

PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst 5
Assessment District Program Coordinator 5
Assistant City Traffic Engineer 5
Assistant Civil Engineer 5
Assistant Engineer 5
Assistant Solid Waste Manager 5
Associate Civil Engineer 5
Associate Engineer 5
Associate Traffic Engineer 5
City Traffic Engineer 5
Construction Services Manager 5
Deputy Public Works Director/City Engineer 5
Deputy Public Works Director 5
Engineering Services Manager 5
Engineering Technician I/II 5
Facilities Manager 5
Fleet Manager 5
Junior Engineer 5
Parks Facility Planner/Landscape Architect 4
Parks Manager 5
Parks Supervisor 5
Principal Administrative Analyst 5
Program Manager I/II/III 5
Project Manager I/II/III 5
23 ATTACHMENT A
APPENDIX A: Page 8 of 8
PUBLIC WORKS DEPARTMENT (continued)
Designated Position Disclosure Category
Public Works Director 1
Public Works Inspector 4
Public Works Safety/Training Officer 5
Public Works Supervisor 5
Public Works Supervisor/Electrical 5
Senior Administrative Analyst 5
Senior Civil Engineer 5
Senior Engineering Technician 5
Supervising Public Works Inspector 4
Senior Public Works Supervisor Electrical (Traffic) 5
Senior Public Works Supervisor/Streets 5
Solid Waste Manager 5
Supervising Mechanic 5
Consultants Consultants
24 ATTACHMENT A
APPENDIX B: Page 1 of 1

CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX B: DESIGNATED BOARDS, COMMISSIONS, COMMITTEES

BOARDS, COMMISSIONS, COMMITTEES
Name Designated Position Disclosure
Category
Arts Commission All Commissioners 1
Building Board of Appeals All Commissioners 1
Central Parking District Advisory Board All Commissioners 2 City Council Salary Setting Commission All Commissioners 1 Civil Service Commission All Commissioners 1
Climate Action Plan Advisory Committee All Commissioners 1 Community Development Committee All Commissioners 1
Handicapped Access Board of Appeals All Commissioners 1 Measure A Citizens’ Advisory Committee All Commissioners 4 Measure W Oversight Committee All Commissioners 4
Parks and Recreation Commission All Commissioners 1
Public Financing Authority Chairperson, Executive
Director, Treasurer, Legal
Advisor
All Category
4 Public Financing Authority Consultants Consultants
Redistricting Advisory Commission All Commissioners 5
Strong Communities Advisory Committee All Commissioners 4 Water Advisory Group All Commissioners 1
25 ATTACHMENT A
APPENDIX C: Page 1 of 6

CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX C: DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the City of Stockton. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C and D Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the City of Stockton, or
2) within a two-mile radius of any property owned or used by the City of Stockton; or
3) subject to the jurisdiction of the City of Stockton. d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions). 26 ATTACHMENT A
APPENDIX C: Page 2 of 6
DISCLOSURE CATEGORY 2 - CENTRAL PARKING DISTRICT
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the Central Parking District. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from sources, within the Central Parking District. (See FPPC Form 700 Schedules D and E Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the Central Parking District, or 2) within a two-mile radius of any property owned or used by the Central Parking District; or
3) subject to the jurisdiction of the Central Parking District.

DISCLOSURE CATEGORY 3
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments within the boundaries of the City of Stockton or within a twomile radius of the City of Stockton (See FPPC Form 700 Schedules A-1 and A2 Instructions); 27 ATTACHMENT A
APPENDIX C: Page 3 of 6
b. All investments in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
c. All investments in business entities in the construction or building industry within the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
d. All interests in real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
e. All sources of personal income (See FPPC Form 700 Schedule C Instructions); f. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management. (See FPPC Form 700 Schedule A-2 Instructions) g. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).

DISCLOSURE CATEGORY 4
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments, income or real property interest (See FPPC Form 700 Schedules A-1 and A-2 Instructions):
1) within the boundaries of the City of Stockton;
28 ATTACHMENT A
APPENDIX C: Page 4 of 6
2) within a two-mile radius of the City of Stockton;
3) in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment;
4) in business entities in the construction or building industry within the City of Stockton;
5) from business entities engaged in building construction or design including contractors and subcontractors located or doing business in the City of Stockton;
b. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management (See FPPC Form 700 Schedule A-2 Instructions); c. Investments in or income from persons or business entities engaged in the acquisition or disposal of real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).

DISCLOSURE CATEGORY 5
a. Investments and business positions in any business entity that manufacture or sell supplies, books, machinery or equipment of the type utilized by the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions); b. Investments in or income from business entities that are contractors or subcontractors and are, or have been, within the previous two year period, doing business in the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
29 ATTACHMENT A
APPENDIX C: Page 5 of 6
c. Income, including loans, gifts, and travel payments from sources that:
1) manufacture, sell, or provide goods, equipment, vehicles, machinery or services, including training or consulting services;
2) provide leased facilities to the City of Stockton;
3) are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the City of Stockton; and
4) engage in land development, construction or the acquisition or sale of real property.
(See FPPC Form 700 Schedules C, D and E)
DISCLOSURE CATEGORY: CONSULTANTS
Consultants (the individual representing the firm) shall be included in the listing of designated employees and shall disclose pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and, thus, is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record, and shall be retained for public inspection in the same manner and location as this conflict of interest code.

DATE: ____________________
TO: CITY CLERK, CITY OF STOCKTON
FROM: __________________________ DEPARTMENT: ______________________ SUBJECT: CONFLICT OF INTEREST DISCLOSURE CATEGORIES FOR NEW

CONSULTANT POSITION
30 ATTACHMENT A
APPENDIX C: Page 6 of 6
The following Consultant, _________________________ was hired on ____/____/____ and will be performing the following duties:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________.

The following Disclosure Categories apply to this position:
___ Category 1 ___ Category 4
___ Category 2 ___ Category 5
___ Category 3
_______________________________________ __________________ Chair/Director/Department Head Date
31 Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION AMENDING THE CITY OF STOCKTON’S 2022 CONFLICT OF

INTEREST CODE BY ADDING AND DELETING CERTAIN POSITIONS
Title 2, California Code of Regulations, section 18000, et seq., requires the periodic review of Conflict of Interest Codes as adopted by the City of Stockton; and Amendments to the Political Reform Act, Government Code section 81000, et seq., require conforming amendments to Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and
The Fair Political Practices Commission has adopted section 18730 of Title 2, California Code of Regulations, a model Conflict of Interest Code, which may be incorporated by reference and amended to conform to amendments of the Political Reform Act after public notice and hearings conducted by the Fair Political Practices Commission, pursuant to Government Code section 11370, et seq.; and Incorporation by reference of the model Conflict of Interest Code and its subsequent amendments will save this body time and money by minimizing the actions required of this body to maintain conformity with the Political Reform Act; now, therefore,

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

1. All previously adopted resolutions approving or amending the City’s Conflict of Interest Codes are hereby rescinded.

2. The model Conflict of Interest Code, Title 2, California Code of Regulations section 18730 and its subsequent amendments are hereby adopted by reference together with Appendices A – C, attached and incorporated by this reference, designating officials and employees and disclosures, all of which constitute the Conflict of Interest Codes for the following departments and agencies:

A. PUBLIC OFFICIALS
(1) Mayor and City Councilmembers
(2) Planning Commissioners
(3) City Manager
(4) City Attorney
(5) Director of Administrative Services/City Treasurer
32 The officials named in section 2A of this resolution are not part of the City’s Conflict of Interest Code and are required to file a statement of economic interests in accordance with Government Code section 87200.

B. DESIGNATED FILERS

1. A designated employee is anyone within the City of Stockton who is an officer, employee, member, or consultant who is designated in the Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest (Gov. Code, § 82019), and who shall file statements of economic interest pursuant to subsection (b)(5) of section 18730 of Title 2, California Code of Regulations, the model Conflict of Interest Code.

2. Government Code section 91013 authorizes the City Clerk, as the Filing Official for the City of Stockton, to impose a late filing penalty upon late filers, in the form of a fine of $10 per day for each day a statement is late up to a maximum of $100.

APPENDIX A – DEPARTMENTS AND OFFICES OF THE CITY OF STOCKTON:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Information Technology
(11) Human Resources
(12) Mayor
(13) Municipal Utilities
(14) Office of Violence Prevention
(15) Police
(16) Public Works
APPENDIX B – BOARDS AND COMMISSIONS OF THE CITY OF STOCKTON (1) Arts Commission
(2) Building Board of Appeals
(3) Central Parking District Advisory Board
(4) City Council Salary Setting Commission
(5) Civil Service Commission
(6) Climate Action Plan Advisory Committee
(7) Community Development Committee
33 (8) Council Water Advisory Group
(9) Development Oversight Commission
(10) Handicapped Access Board of Appeals
(11) Measure A Citizens’ Advisory Committee
(12) Measure W Oversight Committee
(13) Parks and Recreation Commission
(14) Public Arts Advisory Committee
(15) Public Financing Authority
(16) Redistricting Advisory Commission
(17) Strong Communities Advisory Committee
(18) Successor Agency of the Stockton Redevelopment Agency APPENDIX C – DISCLOSURE CATEGORIES
(1) Disclosure Category 1
(2) Disclosure Category 2
(3) Disclosure Category 3
(4) Disclosure Category 4
(5) Disclosure Category 5
(6) Disclosure Category 6 – Consultants
PASSED, APPROVED, and ADOPTED December 6, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
34 APPENDIX A: Page 1 of 8

CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX A: DEPARTMENTS AND OFFICES

CITY ATTORNEY
Designated Position Disclosure Category
Assistant City Attorney 1
Deputy City Attorney 1

CITY CLERK
Designated Position Disclosure Category
City Clerk 1
Assistant City Clerk I/II 1
Senior Deputy City Clerk 5
Supervising Deputy City Clerk/Operations 3

CITY MANAGER
Designated Position Disclosure Category
Administrative Analyst I/II 1
Community Relations Officer 5
Deputy City Manager 1
Director of Performance and Data Analytics 1
Program Manager III 1
Senior Administrative Analyst 1
Consultants 1

COMMUNITY DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Director of Community Development 1
Assistant Planner 4
Associate Civil Engineer 4
Associate Engineer 4
Associate Planner 4
Combination Inspector I/II 4
Community Development Technician 4
Deputy Building Official 4
Deputy Director/Building 1
Deputy Director/Planning and Engineering Services 1
Director of Community Development 1
Engineering Technician I/II/ 4
Junior Engineer 4
Plan Check Engineer 4
Plan Checker I/II 4
36 APPENDIX A: Page 3 of 8
COMMUNITY DEVELOPMENT DEPARTMENT (continued)
Designated Position Disclosure Category
Planning Manager 4
Principal Civil Engineer 3
Program Manager I/II 4
Program Manager III 4
Revenue Assistant I/II 3
Senior Building Inspector 5
Senior Civil Engineer 4
Senior Community Development Technician 4
Senior Engineering Technician 4
Senior Plan Checker 4
Senior Planner 4
Supervising Combination Inspector 4
Supervising Plan Check/Structural Engineer 4

COMMUNITY SERVICES DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 5
Director of Community Services 1
Deputy Director of Community Services-City Librarian 1
Deputy Director of Community Services/Recreation 1
Library Manager 5
Program Manager III 5
Recreation Superintendent 5
Recreation Supervisor 5
Senior Administrative Analyst 5

ECONOMIC DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Economic Development Director 1
Economic Development Analyst 4
Economic Development Deputy Director 1
37 APPENDIX A: Page 4 of 8
ECONOMIC DEVELOPMENT DEPARTMENT (continued)
Designated Position Disclosure
Economic Development Director 1
Grants Analyst 4
Housing Deputy Director 1
Parking and Venues Manager 4
Program Manager I/II - Administration 4
Program Manager III – Parking Authority and Venues 4
Real Property Agent I/II 4
Project Manager I/II/III – Housing and Asset Management 4 Senior Administrative Analyst 4
Senior Economic Development Analyst 4
Senior Housing Rehabilitation Counselor 4
Senior Real Property Agent 4
Supervising Real Property Agent 4
Consultants Consultants

FIRE DEPARTMENT
Designated Position Disclosure Category
Assistant Fire Marshall 5
Deputy Fire Chief I/II 5
Deputy Fire Marshal 5
Division Chief 5
ECD Captain 5
Emergency Manager 5
EMS Captain/Division of Training 5
Fire Battalion Chief 5
Fire Chief 1
Fire Marshall (Fire and Prevention) 5
Fire Prevention Inspector I/II 5
Plan Checker I/II 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Supervising Fire Prevention Inspector 5
Suppression Captain/Division of Training 5
38 APPENDIX A: Page 5 of 8

INFORMATION TECHNOLOGY DEPARTMENT
Designated Position Disclosure Category
Deputy Information Technology Director 1
Director of Information Technology 1
Information Technology Supervisor 5
Information Technology Officer 5
Network Support Analyst II 5
Program Manager I/II/III 5
Project Manager II 5
Senior Systems Analyst 5
Consultants Consultants
MAYOR
Designated Position Disclosure Category
Executive Assistant to the Mayor 1
Mayor’s Senior Policy Advisor 1
Public Information Officer II 1
Program Manager III 1
Consultants Consultants
39 APPENDIX A: Page 6 of 8

OFFICE OF VIOLENCE PREVENTION
Designated Position Disclosure Category
Office of Violence Prevention Director 1
Office of Violence Prevention Manager 1
Consultants Consultants

PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst 5
Assessment District Program Coordinator 5
Assistant City Traffic Engineer 5
Assistant Civil Engineer 5
Assistant Engineer 5
Assistant Solid Waste Manager 5
Associate Civil Engineer 5
Associate Engineer 5
Associate Traffic Engineer 5
City Traffic Engineer 5
Construction Services Manager 5
Deputy Public Works Director/City Engineer 5
Deputy Public Works Director 5
Engineering Services Manager 5
Engineering Technician I/II 5
Facilities Manager 5
Fleet Manager 5
Junior Engineer 5
Parks Facility Planner/Landscape Architect 4
Parks Manager 5
Parks Supervisor 5
Principal Administrative Analyst 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Public Works Director 1
Public Works Inspector 4
Public Works Safety/Training Officer 5
Public Works Supervisor 5
Public Works Supervisor/Electrical 5
Senior Administrative Analyst 5
Senior Civil Engineer 5
Senior Engineering Technician 5
Supervising Public Works Inspector 4
41 APPENDIX A: Page 8 of 8
PUBLIC WORKS DEPARTMENT (continued)
Designated Position Disclosure Category
Senior Public Works Supervisor Electrical (Traffic) 5
Senior Public Works Supervisor/Streets 5
Solid Waste Manager 5
Supervising Mechanic 5
Consultants Consultants
42 APPENDIX B: Page 1 of 1

CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX B: DESIGNATED BOARDS, COMMISSIONS, COMMITTEES

CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX C: DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the City of Stockton. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C and D Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the City of Stockton, or
2) within a two-mile radius of any property owned or used by the City of Stockton; or
3) subject to the jurisdiction of the City of Stockton. d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions). 44 APPENDIX C: Page 2 of 6
DISCLOSURE CATEGORY 2 - CENTRAL PARKING DISTRICT
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the Central Parking District. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from sources, within the Central Parking District. (See FPPC Form 700 Schedules D and E Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the Central Parking District, or 2) within a two-mile radius of any property owned or used by the Central Parking District; or
3) subject to the jurisdiction of the Central Parking District.

DISCLOSURE CATEGORY 3
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments within the boundaries of the City of Stockton or within a twomile radius of the City of Stockton (See FPPC Form 700 Schedules A-1 and A2 Instructions); 45 APPENDIX C: Page 3 of 6
b. All investments in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
c. All investments in business entities in the construction or building industry within the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
d. All interests in real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
e. All sources of personal income (See FPPC Form 700 Schedule C Instructions); f. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management. (See FPPC Form 700 Schedule A-2 Instructions) g. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).

DISCLOSURE CATEGORY 4
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments, income or real property interest (See FPPC Form 700 Schedules A-1 and A-2 Instructions):
1) within the boundaries of the City of Stockton;
46 APPENDIX C: Page 4 of 6
2) within a two-mile radius of the City of Stockton;
3) in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment;
4) in business entities in the construction or building industry within the City of Stockton;
5) from business entities engaged in building construction or design including contractors and subcontractors located or doing business in the City of Stockton;
b. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management (See FPPC Form 700 Schedule A-2 Instructions); c. Investments in or income from persons or business entities engaged in the acquisition or disposal of real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).

DISCLOSURE CATEGORY 5
a. Investments and business positions in any business entity that manufacture or sell supplies, books, machinery or equipment of the type utilized by the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions); b. Investments in or income from business entities that are contractors or subcontractors and are, or have been, within the previous two year period, doing business in the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
47 APPENDIX C: Page 5 of 6
c. Income, including loans, gifts, and travel payments from sources that:
1) manufacture, sell, or provide goods, equipment, vehicles, machinery or services, including training or consulting services;
2) provide leased facilities to the City of Stockton;
3) are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the City of Stockton; and
4) engage in land development, construction or the acquisition or sale of real property.
(See FPPC Form 700 Schedules C, D and E)
DISCLOSURE CATEGORY: CONSULTANTS
Consultants (the individual representing the firm) shall be included in the listing of designated employees and shall disclose pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and, thus, is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record, and shall be retained for public inspection in the same manner and location as this conflict of interest code.

DATE: ____________________
TO: CITY CLERK, CITY OF STOCKTON
FROM: __________________________ DEPARTMENT: ______________________ SUBJECT: CONFLICT OF INTEREST DISCLOSURE CATEGORIES FOR NEW

CONSULTANT POSITION
48 APPENDIX C: Page 6 of 6
The following Consultant, _________________________ was hired on ____/____/____ and will be performing the following duties:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________.

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of September 27, 2022 and October 18, 2022 Attachment A - 2022-09-27 Minutes
Attachment B - 2022-10-18 Minutes
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City of Stockton
Legislation Text
File #: 22-1048, Version: 1
APPROVE A MOTION ACCEPTING THE 2022 ANNUAL PROGRESS REPORT TO CONFIRM 200- YEAR URBAN LEVEL OF FLOOD PROTECTION FINDING FOR RECLAMATION DISTRICT 2042 AREA

RECOMMENDATION
Staff recommends that City Council:

1. Approve a motion accepting the 2022 Annual Progress Report to confirm the 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area; and

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

Summary
Reclamation District 2042 is located on the north end of the City of Stockton and just west of Interstate 5 and north and south of Eight Mile Road (Attachment A - RD 2042 Map). Reclamation District (RD) 2042 is a local flood management agency that operates and maintains the flood levee system that protects properties within Bishop Tract to the Flood Emergency Management Agency (FEMA) required 100-year level of protection requirements. RD 2042 area includes approximately 800 acres of undeveloped land that is in the City limits and approved for residential development.

Residential development is presently underway in the Westlake Villages Master Development Plan area south of Eight Mile Road and west of Regatta Drive.

In accordance with State regulation commonly known as Senate Bill 5 (Central Valley Flood Protection Act of 2008, Chap. 364, Stats. 2007), the Stockton Municipal Code (SMC) Section 16.90 requires that the City shall not approve new development unless findings can be made that the new development will be protected to the 200-year flood event level. On October 17, 2017, City Council approved a 200-year urban level of flood protection “adequate progress” finding for the RD 2042 boundary area. This finding was based on substantial evidence, including an engineer’s report, a scope of work, cost, and schedule, demonstrating that 200-year levee improvements would be completed by the year 2025. Council’s approval allowed for subsequent discretionary planning applications and building permits for the construction of residential units to continue to occur within the RD 2042 boundary.

To maintain an “adequate progress” status, a progress report on the efforts to complete the flood protection system improvements must be submitted to the Central Valley Flood Protection Board (CVFPB) annually. RD 2042 prepared a 2022 progress report that indicates levee improvements are progressing and on schedule for completion in 2023. Staff recommends that Council approve a City of Stockton Page 1 of 3 Printed on 11/30/2022
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progressing and on schedule for completion in 2023. Staff recommends that Council approve a motion accepting the 2022 Annual Progress Report for the RD 2042 boundary area to allow for submitting a progress report to the CVFPB.

DISCUSSION
Background
RD 2042’s levees are currently accredited to 100-year Flood Emergency Management Agency (FEMA) standards, which correlates with the National Flood Insurance Program. Approximately onethird of the District area is currently within the Stockton City limits and consists of existing commercial and residential developed properties, along with undeveloped properties that are approved and entitled for planned development. Notable entitled developments include the Westlake Villages Master Development Plan, consisting of 2,630 single-family units on 680 acres (871 units have issued building permits), and Crystal Bay, consisting of 951 single-family units on 156 acres (0 units have issued building permits).

On May 24, 2016, the City Council approved an amendment to the Stockton Municipal Code to comply with a State mandate for new development to have 200-year flood protection (Central Valley Flood Protection Act of 2008, Chap. 364, Stats. 2007). This regulation is commonly referred to as Senate Bill (SB) 5 (see Attachment B for an overview of SB 5 and the City’s process for complying with the regulation).

Based on the 200-year floodplain map prepared by the State, RD 2042 is located within the deeper floodplain area, with portions exceeding 10 feet of flood depth (Attachment C - 200-Year Floodplain Map). RD 2042 requires a plan to complete flood protection system improvements consistent with SB

5. Absent adequate progress toward 200-year flood protection, discretionary planning applications and building permits for new residential units cannot be approved.

In 2017, RD 2042 assembled a qualified team of engineers and conducted an evaluation of levees to identify any deficiencies and countermeasures needed to achieve 200-year protection. The District funded an independent panel of experts (IPE), consisting of engineers from various firms with different expertise in hydrology, hydraulics, and levee facility design and construction, to conduct a review and provide comments on the RD’s engineering report in accordance with SB 5.

The final engineering report concluded the RD 2042 levee system requires improvements to address deteriorated pipe penetrations in the levees to meet the 200-year flood protection requirements. The improvements consist of removal and replacement of pipes and installation of gate valves. The total cost of the improvements is approximately $2.9 million (2017 dollars). The City’s IPE concurred with the final engineering report.

On October 17, 2017, City Council approved a 200-year urban level of flood protection adequate progress finding for the Reclamation District 2042 boundary area (Resolution 2017-10-17-1105). This finding was based on RD 2042’s Adequate Progress Engineer’s report. Council’s approval allowed for subsequent discretionary planning applications and building permits to be submitted for construction of residential units to occur within the RD 2042 boundary while progress is occurring on the levee protection improvements.

According to the state’s Urban Level of Flood Protection Criteria, a finding based on adequate City of Stockton Page 2 of 3 Printed on 11/30/2022
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According to the state’s Urban Level of Flood Protection Criteria, a finding based on adequate progress has an effective period of 10 years from the date it was approved. To maintain adequate progress status, progress reports must be prepared annually to demonstrate progress on the construction of the flood improvements. Annual progress reports for the years 2018, 2019, 2020, and 2021 demonstrated adequate progress occurring on the improvements and were accepted by Council (Motions 2018-12-04-1103, 2019-12-17-1105, 2020-12-01-1101, and 2021-12-07-1203).

Present Situation
RD 2042 prepared the 2022 Annual Progress Report for submission to the CVFPB (Attachment D - 2022 Annual Progress Report). The report identifies the District will expend approximately $1,496,273 for the year 2022 on the levee protection system at five locations identified as stations S18+82, S43+01, N15+50, N177+38, and N195+72. This will complete 12 out of 14 pipe penetrations initially identified for improvements (with one pipe penetration determined not to require work). The overall levee improvement project remains on schedule, and the RD 2042 continues to budget for the remainder of the improvements to be completed in 2023.

This annual progress report provides an update on the 200-year flood protection improvements.

Council action is required to validate the Adequate Progress Finding. Though the State’s criteria do not specify whether the original approving authority of the Adequate Progress Finding needs to accept the report, this has been an established practice by other local agencies maintaining Adequate Progress Findings to ensure compliance. Staff recommends that the Council approve a motion to accept the 2022 progress report, which confirms the Council’s Adequate Progress Finding determination that RD 2042 is making adequate progress on the construction of flood protection improvements that will result in flood protection equal or greater to the 200-year level of flood protection for the District area. This area-wide finding can be relied upon for any subsequent applications that are submitted requiring discretionary planning approvals or ministerial building permits for new construction of residential units within RD 2042 boundary. This is most critical for the Westlake Villages Development, that is actively constructing single-family residential units.

FINANCIAL SUMMARY
There will be no financial impact to the City of Stockton as a result of the recommended action.

Attachment A - RD 2042 Map
Attachment B - SB 5 Overview
Attachment C - 200-Year Floodplain Map
Attachment D - 2022 Annual Progress Report
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ATTACHMENT B

BACKGROUND INFORMATION
SENATE BILL (SB) 5 (CENTRAL VALLEY FLOOD PROTECTION ACT OF 2008, CHAPTER 364, STATS. 2007)
In 2007, five interrelated pieces of legislation were enacted to address the problem of flood protection and liability. The legislative package also made $5 billion in State bonds available for flood protection improvements. The Central Valley Flood Protection Act of 2008 (Chapter 364, Stats. 2007), commonly referred to as SB 5, contained provisions for local agencies to incorporate flood risk considerations into land use planning. This legislation primarily focused on flood requirements for the Sacramento-San Joaquin Valley within an area defined as the Sacramento-San Joaquin Hydrologic Regions, which includes the City of Stockton (Exhibit 1 - Hydraulic Regions Map).

SB 5 identified the California Department of Water Resources (DWR) as the agency responsible for preparing a strategic Central Valley Flood Protection Plan by July 1, 2012.

The Flood Protection Plan was primarily intended to identify necessary improvements to state flood control facilities and establish flood protection building standards where flood levels are anticipated to exceed three feet for a 200-year flood event.

A 200-year flood event is generally considered a flood of a magnitude that statistically occurs once every 200 years, or has a 0.5% likelihood of occurring in any given year. SB 5 defines this as the "urban level of flood protection." The Central Valley Flood Protection Board adopted the Flood Protection Plan by the July 1, 2012 deadline. The Central Valley Flood Protection Board is a State regulatory agency charged with overseeing the flood management system in the California's Central Valley.

SB 5 required each city and county within the Sacramento-San Joaquin Valley, including charter cities like Stockton, to amend its general plan by July 2, 2015, to include data and analysis from the State’s Flood Protection Plan and goals and policies for the protection of lives and property that will reduce the risk of flood damage from a 200-year flood event (Government Code § 65302.9). Further, SB 5 required each city and county to amend its zoning ordinance by July 2, 2016, to incorporate new findings related to development in the 200-year floodplain and ensure the code is consistent with the general plan.

On June 23, 2015, the City Council approved a General Plan Amendment to comply with SB 5 (Resolution 2015-06-23-1601). The Amendment generally consisted of policy changes to provide for the City to regulate new and existing urban development within floodplains in accordance with the Federal (100-year) and State (200-year) requirements.

Policy changes included setback and easements requirements for new urban development and called for planning for 200-year flood protection and upgrading the protection system to the 200-year design standard, where feasible.

On May 24, 2016, the City Council approved an amendment to Stockton Municipal Code Titles 15 - Buildings and Construction and 16 - Development Code to comply with SB 5 (Resolution 2016-05-24-1605). Effective July 2, 2016, the City began implementation to 81 ATTACHMENT B
ensure that specific findings related to 200-year flood protection are made prior to approving certain projects located within a flood hazard zone.

SMC Section 16.90 Floodplain Management Findings, specifies that the City’s review authority for make a finding related to 200-year flood protection, for any of the following land-use decisions:
∑ Entering into a development agreement for all types of property development. ∑ Approving a discretionary permit or other discretionary entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building. ∑ Approving a ministerial permit that would result in the construction of a new residence.
∑ Approving a tentative map consistent with the Subdivision Map Act for all subdivisions.
∑ Approving a tentative parcel map or a parcel map for which a tentative parcel map is not required, consistent with the Subdivision Map Act.

A “finding” is commonly required for land use decisions to provide evidence on the record to support the decision. The City’s Development Code contains certain findings within each of the specific land use application sections that shall be made by the review authority (City Council, Planning Commission, Community Development Director) prior to making a decision for approval.

SB 5 introduces new findings related to 200-year level of flood protection and one of these findings must be made prior to approving any of the above land use applications. SMC Section 16.90.020A provides for the following findings to be made, based on substantial evidence in the record:

1. The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas;

2. The City has imposed conditions on a development agreement, map, permit, or entitlement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas;

3. The local flood management agency has made adequate progress (as defined in California Government Code § 65007) on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in non-urbanized areas for 82 ATTACHMENT B
property located within a flood hazard zone, intended to be protected by the system;

4. The property in an undetermined risk area has met the urban level of flood protection;

5. The property is located in an area of potential flooding of three (3) feet or less from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas; or

6. The property is located within a watershed with a contributing area of 10 or fewer square miles in urban and urbanizing areas.

Finding numbers 4 and 6 above do not pertain to Stockton; however, because these findings were included in the SB 5 regulations, the City incorporated them into its Code.

Thus, the city is reliant on making one of the four applicable City findings (numbers 1, 2, 3, or 5).

As indicated above, whichever finding is made shall be based on substantial evidence in the record. The State Department of Water Resources developed guidance (“Urban Level of Flood Protection Criteria”, dated November 2013), as required by SB 5 to help cities with determining the level and type of evidence required to support the findings. The State also assisted in developing a 200-year floodplain map which shows the anticipated depth of the flooding throughout the Stockton metropolitan area in the event of a 200-year flood (see Exhibit 2 – 200-Year Floodplain Map).

Shallow flooding areas (up to three feet or less of flooding) are not considered to be within the 200-year floodplain (shown in blue on the map). The map identifies a significant portion of the westerly side of the City near Interstate 5 and some isolated areas within the central and easterly side of the City as being inundated in excess of three feet during a 200-year event (shown in yellow, orange, and red on the map). It is important to understand that this map which was prepared to comply with the State law, is independent of the FEMA 100-year flood maps, which are associated with the National Flood Insurance Program.

Since the City began implementing the 200-year flood regulation, the 200-year map has served as the substantial evidence for making a finding (number 5 above) for approval of projects located in the “blue” shallow flooding areas. For projects located in the deeper floodplain areas (yellow, orange and red areas on the map), the city is relying on the State’s criteria for guidance on type and level of evidence to support its floodplain finding.

This entails the applicant hiring a qualified civil engineer to establish the 200-year flood depth for the project property and specifying the necessary improvements to protect the property to the 200-year level of protection. For projects in the yellow and orange areas (flood depths between 4 to 10 feet), engineering reports typically have been recommending the project’s finished floor be elevated (with fill or increased foundation) to the required floodplain height. The city can impose this improvement on the project and make a finding (#2 above) for approval based on the engineer’s report as evidence. 83 ATTACHMENT B
For projects located in the red areas on the map, which may be up to 20’ in flood depth, elevation of building structures may not be feasible. For these areas, more extensive physical flood protection improvements to the levee protection system become necessary. Substantial engineering analysis is required (prepared by a licensed civil engineer) to confirm if the existing levee system is sufficient or if specified improvements are necessary to achieve 200-year protection. The project proponent is responsible for funding the City's commissioning of an independent panel of experts to peer review the civil engineer's report in conformance with the SB 5 standards.

If it is determined that 200-year levee protection improvements are feasible, a developer can choose to obtain permits from the respective flood control agencies and incrementally construct the improvements over a specified number of years. An SB 5 Finding (#3) of adequate progress can be made if incremental progress occurs on the improvements over a predetermined number of years. In summary, “Adequate Progress” (as defined in California Government Code § 65007 (a)), generally means the 1) total project scope, schedule and cost of the flood protection system improvements have been developed, 2) sufficient revenues to fund each year of the project schedule have been identified, 3) critical features of the flood protection system are under construction, and 4) the local flood management agency has annually submitted progress reports to the State Department of Water Resources and Central Valley Flood Protection Board. SB 5 regulation allows adequate progress to be used until the year 2025. By 2025, flood protection improvements are to be completed.
84 ATTACHMENT B
EXHIBIT 1
85 ATTACHMENT B
EXHIBIT 2
86 MAY 05, 2015

SAN JOAQUIN COUNTY AND CITY OF STOCKTON
REFINED CVFED 200-YEAR
1180 Iron Point Rd., Suite 260 FLOODPLAIN DEPTHS
Folsom, CA 95630
Phone: (916) 608-2212
Fax: (916) 608-2232
0 0.5 1 2
Miles N

ATTACHMENT
1 inch = 1.5 miles C
Stockton 2035 General Plan Boundary
200-Year Floodplain Depth (ft)
0 - 1.00

1.01 - 2.00

2.01 - 3.00

3.01 - 5.00

5.01 - 10.00
> 10.01

ATTACHMENT C
87 ATTACHMENT D
88 Reclamation District No. 2042
Bishop Tract
2022 Annual Progress Report
For Urban Level of Protection
July 29, 2022
Prepared for:

Reclamation District No. 2042 – Bishop Tract
and
City of Stockton
Prepared by:

Kjeldsen, Sinnock & Neudeck, Inc.

ATTACHMENT D 89
Reclamation District No. 2042 i 2022 Annual Progress Report Contents
Overview ....................................................................................................................................... 1 Project Improvements ................................................................................................................... 3 Project Cost .................................................................................................................................. 4 Project Schedule ........................................................................................................................... 4 Project Funding ............................................................................................................................. 6 Appendices
Appendix 1 – Conceptual Improvement Plans
Appendix 2 – Detailed Cost Estimate
Appendix 3 – Statement of Net Position (as of June 30, 2022) Appendix 4 – Budget (2022/2023)
ATTACHMENT D 90
Reclamation District No. 2042 1 2022 Annual Progress Report Overview
Reclamation District No. 2042 – Bishop Tract (RD 2042) has engaged Kjeldsen, Sinnock and Neudeck, Inc. (KSN) to prepare this document to support the demonstration of “adequate progress” toward the achievement of an Urban Level of Flood Protection (ULOP) within the RD 2042 basin. This document describes the steps that RD 2042 is taking to generate the local funding needed to advance and implement 200-Year levee improvements in accordance with the requirements of Senate Bill 5 (SB5).

RD 2042 is responsible for operating and maintaining the levee system and drainage facilities that provides flood protection for agricultural land, infrastructure, and urban development (comprised of residential and commercial). RD 2042 was formed in 1909, and currently encompasses an area of approximately 3,100 acres, surrounded by 8.0 miles of levee, all located within San Joaquin County. At the time of formation, RD 2042 originally consisted of nearly 2,200 acres. An annexation occurred in 1989 that extended the District’s eastern limits to Interstate 5 thereby adding just over 900 acres to RD 2042. Figure 1 shows the RD 2042 levees and boundary.

The levee system of RD 2042 currently provides a 100-year level of protection and is fully accredited by the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) as meeting the minimum certification criteria as outlined in Title 44, CFR, Section 65.10. FEMA maintains Flood Insurance Rate Maps (FIRMs) that delineate special flood hazard areas and assist lending institutions and federal agencies to determine whether flood insurance is required. RD 2042 is currently located on FIRM panel numbers 06077C0285F, 06077C0295F, 06077C0305F, and 06077C0315F
With the passage of SB5, the State of California has established that a 200-year level of protection shall be the new standard for urban and urbanizing areas. The existing RD 2042 levees currently do not meet the updated Urban Levee Design Criteria (ULDC) standards adopted by the Department of Water Resources, and the existing levees are not currently certified to provide 200-year protection. Accordingly, the City of Stockton as the local land use agency, in coordination with RD 2042, are jointly pursuing efforts to achieve ULOP within the RD 2042 boundary.

On behalf of RD 2042, a team of Professional Engineers consisting of Peterson Brustad Inc. (PBI), KSN, and Kleinfelder has conducted an evaluation of the RD 2042 levee system in accordance with ULDC. The goal of the evaluation was to identify any deficiencies and countermeasures needed to comply with the State’s 200-year standards and to meet the requirements of making a ULOP finding for RD 2042’s levees for the City of Stockton. The purpose of this Annual Progress Report is to address the ULOP requirements for adequate progress:

1. Identify the geographic area which will have a ULOP once the improvements are completed

2. Describe the scope, schedule, and cost of completing the flood protection improvements described in the Engineer’s Report

3. Identify critical features of the system which are under construction

4. Provide evidence that there are revenues sufficient to fund each year of the project improvements.

ATTACHMENT D 91
Reclamation District No. 2042 2 2022 Annual Progress Report Figure 1 - RD 2042 Levee and Boundary
ATTACHMENT D 92
Reclamation District No. 2042 3 2022 Annual Progress Report Project Improvements
In order for the RD 2042 levee system to meet ULDC, improvements are needed to several existing pipe penetrations. Pipe penetration rehabilitation is necessary at various locations, primarily due to deteriorated conditions. The improvements consist of reconstructing pipe penetrations that cross the levee by removing and replacing the portion of pipe through the levee prism and installing a positive closure device (i.e., gate valve). The new pipes will be installed above the Design Water Surface Elevation (DWSE). Conceptual improvement plans are included in Appendix 1. Locations of the pipe penetrations to be rehabilitated are shown on Figure 2 and listed in Table 1.

Figure 2 - Pipe Penetration Rehabilitation Locations
ATTACHMENT D 93
Reclamation District No. 2042 4 2022 Annual Progress Report Table 1 – Summary of Pipe Penetration Rehabilitations
Station
Pipe Diameter
(inches) Type Status
N 15+50 16 intake remaining
N 29+02 24 discharge remaining
N 29+07 24 discharge remaining
N 117+57 12 intake completed
N 137+81 16 intake completed
N 160+73 16 intake completed
N 177+38 16 intake remaining
N 179+51 24 intake no work needed1
N 181+58 16 discharge completed
N 191+34 16 intake completed
N 195+72 48 inlet / outlet remaining
S 18+82 12 intake underway
S 43+01 16 intake underway
S 83+49 16 intake completed
Project Cost
The total estimated cost associated with the pipe penetration rehabilitations was originally budgeted at $2,907,000 in 2017 dollars. This cost represents the total cost to obtain full ULDC compliance for the RD 2042 levee system. A summary of this cost is shown below in Table 2.

A more detailed breakdown of the project costs is included in Appendix 2.

Table 2 - Original Overall Project Cost (2017$)
Description Total Cost (2017$)
Construction $1,730,000
Soft Costs $692,000
20% Contingency $484,400
Total: $2,907,000
A summary of estimated costs and actual expenditures to date per pipe penetration rehabilitation is shown below in Table 3. An annual inflation escalator of 3% was used to estimate the costs in any given year. As such, the sum of estimated costs as shown in Table 3 is greater than the total shown in Table 2 which is based on 2017 dollars. 1 Further investigation of the pipe penetration at Sta. N 179+51 has revealed that the pipe is newer and in much better condition that originally assessed. Therefore, no work is required for this pipe.

ATTACHMENT D 94
Reclamation District No. 2042 5 2022 Annual Progress Report Table 3 – Summary of Estimated Costs and Actual Project Expenditures Station Estimated Year Estimated Cost Actual Cost
N 15+50 2022 $187,000
N 29+02 2023 $323,500
N 29+07 2023 $323,500
N 117+57 2017 $117,600 $6,846
N 137+81 2017 $161,300 $54,941
N 160+73 2017 $161,300 $33,655
N 177+38 2022 $187,000
N 179+51 n/a $279,100 $0
N 181+58 2018 $166,200 $46,732
N 191+34 2018 $166,200 $58,555
N 195+72 2022 $641,500
S 18+82 2021-2022 $132,400 underway
S 43+01 2021-2022 $181,600 underway
S 83+49 2019-2020 $176,300 $215,896
Project Schedule
It was anticipated that approximately two pipes would be rehabilitated each year over a sevenyear time period. Engineering for the pipes at Station S 18+82 and Station S 43+01 was completed in spring 2022, and construction is expected to be completed by fall 2022. Planning and engineering for the pipes at Station N 15+50, Station N 177+38, and Station N 195+72 will commence in summer 2022. A project schedule is shown below in Table 4.

Table 4 - Project Schedule
Year
Station 2017 2018 2019 2020 2021 2022 2023
N 15+50
N 29+02
N 29+07
N 117+57
N 137+81
N 160+73
N 177+38
N 179+51
N 181+58
N 191+34
N 195+72
S 18+82
S 43+01
S 83+49

Legend: Actual Progress To Date Estimated Remaining Progress ATTACHMENT D 95
Reclamation District No. 2042 6 2022 Annual Progress Report Project Funding
RD 2042 is the sole funding entity for the ULDC improvements. A current statement of net position that indicates balances for all RD 2042 funds is included in Appendix 3. As of June 30, 2022, there is a balance of $1,304,120 in the contingency fund, $825,098 in the maintenance and operations fund, and $279,767 in the ULDC fund.

As the sole funding entity, RD 2042 is responsible for funding the improvements. The primary source of revenue for RD 2042 is from the existing assessment district which generates approximately $450,000 per year. Other sources of income generate between $150,000 and $300,000 per year. A copy of this year’s RD 2042 budget is included in Appendix 4. In order to fund the improvements, RD 2042 has created a ULDC fund. RD 2042 will transfer funds from the contingency fund and the maintenance and operations fund as well as reallocate a portion of excess budget funds previously directed to the contingency fund. For fiscal year 2022/2023, this translates to transferring approximately $742,000 from the contingency fund and $250,000 from the maintenance and operations fund to fund the sixth year of ULDC improvements in addition to the available, existing ULDC funds.

A cash flow analysis that demonstrates a feasible solution for implementation of the needed 200-year ULDC improvements is shown below in Table 5. Table 5 conservatively assumes that the ULDC fund will be funded at $225,000 per year from excess budget funds with the balance coming from the contingency fund. It is expected that this table will be refined over time as the planning and development of the project progress over time.

ATTACHMENT D 96
Reclamation District No. 2042 7 2022 Annual Progress Report Table 5 - Cash Flow Analysis
Description 2017 2018 2019 2020 2021 2022 2023
Beginning Balance $0 $404,548 $351,410 $386,621 $389,517 $279,767 $494 Revenues:

Excess Budget Funds $0 $52,149 $52,148 $130,641 ($3,135) $225,000 $225,000 Transfer from Contingency Fund $500,000 $0 $0 $0 $0 $742,000 $284,805 Transfer from Maintenance & Operations Fund $0 $0 $0 $0 $0 $250,000 $0 Total Revenues $500,000 $52,149 $52,148 $130,641 ($3,135) $1,217,000 $509,805 Expenditures:

ULDC Improvements $95,452 $105,287 $16,937 $127,745 $106,615 $1,496,273 $510,298 Total Expenditures $95,452 $105,287 $16,937 $127,745 $106,615 $1,496,273 $510,298 Ending Balance $404,548 $351,410 $386,621 $389,517 $279,767 $494 $0

ATTACHMENT D
97 Reclamation District No. 2042
2022 Annual Progress Report
Appendix 1
Conceptual Improvement Plans

ATTACHMENT D 98
ATTACHMENT D 99
ATTACHMENT D 100
ATTACHMENT D 101
ATTACHMENT D 102
ATTACHMENT D 103
Reclamation District No. 2042
2022 Annual Progress Report
Appendix 2
Detailed Cost Estimate

ATTACHMENT D 104
RECLAMATION DISTRICT NO. 2042 - BISHOP TRACT

ULDC EVALUATION

STOCKTON, CALIFORNIA

OPINION OF PROBABLE COSTS

DETAILS OF PROPOSED IMPROVEMENTS
Item Description Quantity Unit Unit Cost Total Cost
PROJECT NO. 13.1

PENETRATION REHABILITATION
Construction

1. Mobilization 3% $49,000

2. Erosion Control 3% $49,000

3. Reconstruct Existing 12" Pipe 2 EA $60,000 $120,000

4. Reconstruct Existing 16" Pipe 8 EA $80,000 $640,000

5. Reconstruct Existing 24" Pipe 3 EA $125,000 $375,000

6. Reconstruct Existing 48" Pipe 1 EA $200,000 $200,000

7. Air Release Valve 13 EA $2,000 $26,000

8. 12" Valve 2 EA $4,000 $8,000

9. 16" Valve 8 EA $8,500 $68,000

10. 24" Valve 3 EA $25,000 $75,000

11. 48" Valve 2 EA $60,000 $120,000
Subtotal: $1,730,000
Mangement / Environmental / Engineering

1. Administration 5% $86,500

2. Planning 3% $51,900

3. Environmental and Permitting 5% $86,500

4. Geotechnical Engineering 2% $34,600

5. Surveying and Civil Engineering 10% $173,000

6. Construction Management and Inspection 12% $207,600

7. Mitigation 3% $51,900
Subtotal: $640,100
SUBTOTAL: $2,422,000
$484,400
PROJECT TOTAL: $2,907,000
CONTINGENCY (20%):

Detail-Construction Page 1 of 1 Print Date: 2/2/2017
ATTACHMENT D 105
Reclamation District No. 2042
2022 Annual Progress Report
Appendix 3
Statement of Net Position
(as of June 30, 2022)

ATTACHMENT D 106
Reclamation District No. 2042
Statement of Net Position
As of June 30, 2022
Jun 30, 22
ASSETS
Current Assets
Checking/Savings
1000 ꞏ Unrestricted Cash
1000-00 ꞏ Bank of Stockton - Checking 60,103.96
1010-00 ꞏ Bank of Stockton - Savings 44,187.35
1030-00 ꞏ SJC General Fd 53501 486,977.60
1035-00 ꞏ SJC Emerg. Contingency Fd 53511 1,304,120.00
1045-00 ꞏ SJC Maintenance & Ops. Fd 53594 825,098.42
1050-00 ꞏ SJC Urban Levee Design Fd 53596 279,766.64
Total 1000 ꞏ Unrestricted Cash 3,000,253.97
1050 ꞏ Restricted Cash
1020-00 ꞏ US Bank-205248000 (Mello-Roos) 0.09
1022-00 ꞏ US Bank-205248002 (Mello-Roos) 555,432.85
1040-00 ꞏ SJC Direct Assmt Fd 53575 (MR) 596,097.62
Total 1050 ꞏ Restricted Cash 1,151,530.56
Total Checking/Savings 4,151,784.53
Accounts Receivable
1100 ꞏ Accounts Receivable 376,382.86
Total Accounts Receivable 376,382.86
Other Current Assets
1300 ꞏ Prepaid Insurance 7,319.13
Total Other Current Assets 7,319.13
Total Current Assets 4,535,486.52
Fixed Assets
1070-00 ꞏ Capital Assets 9,164,641.00
1080-00 ꞏ Accumulated Depreciation -3,592,922.00
Total Fixed Assets 5,571,719.00
TOTAL ASSETS 10,107,205.52

LIABILITIES & NET POSITION
Liabilities
Current Liabilities
Accounts Payable
2000-00 ꞏ Accounts Payable 2,481.48
Total Accounts Payable 2,481.48
Other Current Liabilities
2200-00 ꞏ Payroll Liabilities 471.96
2210-00 ꞏ Accrued Payroll Lilabilities 2,637.43
2300-00 ꞏ Accrued Expenses 8,500.00
2300-10 ꞏ Interest Payable 41,648.36
2500-00 ꞏ Mello-Roos Bonds Payable 2,991,132.00
Total Other Current Liabilities 3,044,389.75
Total Current Liabilities 3,046,871.23
Total Liabilities 3,046,871.23
Net Position
3000-00 ꞏ Opening Balance Net Position 5,371,200.19
3010-00 ꞏ Net Position 996,054.03
Change in Net Position 693,080.07
Total Net Position 7,060,334.29
TOTAL LIABILITIES & NET POSITION 10,107,205.52

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ATTACHMENT D 107
Reclamation District No. 2042
2022 Annual Progress Report
Appendix 4
Budget (2022/2023)
ATTACHMENT D 108
Reclamation District No. 2042
Budget
July 2022 through June 2023
General Administrative Mello-Roos TOTAL
Jul '22 - Jun 23 Jul '22 - Jun 23 Jul '22 - Jun 23
Revenues
4000-00 ꞏ Property Assessments 450,000.00 0.00 450,000.00 4005-00 ꞏ Mello-Roos Assessments (County) 0.00 420,000.00 420,000.00 4025-00 ꞏ State Assistance - Subventions 300,000.00 0.00 300,000.00 4050-00 ꞏ Interest Income
4050-05 ꞏ Interest Income - Bank Accounts 25.00 0.00 25.00 4050-10 ꞏ Interest Income - SJC Funds 10,000.00 2,000.00 12,000.00 4050-15 ꞏ Interest Income - Bond Funds 0.00 25.00 25.00 Total 4050-00 ꞏ Interest Income 10,025.00 2,025.00 12,050.00 Total Revenues 760,025.00 422,025.00 1,182,050.00
Expenditures
6020-00 ꞏ Dues & Subscriptions 675.00 0.00 675.00
6025-00 ꞏ Engineering 100,000.00 0.00 100,000.00
6050-00 ꞏ Insurance
6050-05 ꞏ Insurance - General 45,000.00 0.00 45,000.00
6050-10 ꞏ Insurance - Workers Comp. 12,000.00 0.00 12,000.00 Total 6050-00 ꞏ Insurance 57,000.00 0.00 57,000.00
6055-00 ꞏ Interest Expense 0.00 115,950.00 115,950.00
6060-00 ꞏ Legal & Accounting
6060-05 ꞏ Legal 20,000.00 0.00 20,000.00
6060-10 ꞏ Accounting - General 20,000.00 0.00 20,000.00 6060-12 ꞏ Accounting - Mello-Roos 0.00 5,000.00 5,000.00 6060-20 ꞏ Audit Fees 8,500.00 0.00 8,500.00
6060-30 ꞏ SJ County Accounting Charges 5,500.00 3,500.00 9,000.00 Total 6060-00 ꞏ Legal & Accounting 54,000.00 8,500.00 62,500.00 6065-00 ꞏ Levee Maintenance
6065-01 ꞏ Rock Slope Protection 25,000.00 0.00 25,000.00 6065-02 ꞏ Vegetation Control 35,000.00 0.00 35,000.00
6065-03 ꞏ Herbicide Control 15,000.00 0.00 15,000.00
6065-04 ꞏ Storm Damage Rill Repair 50,000.00 0.00 50,000.00 6065-05 ꞏ All Weather Road 25,000.00 0.00 25,000.00
6065-06 ꞏ Rodent Control 25,000.00 0.00 25,000.00
6065-07 ꞏ Encroachment/Debris 25,000.00 0.00 25,000.00
6065-08 ꞏ Toe Ditch Cleaning 50,000.00 0.00 50,000.00
6065-09 ꞏ Gate Repairs 10,000.00 0.00 10,000.00
Total 6065-00 ꞏ Levee Maintenance 260,000.00 0.00 260,000.00 6075-00 ꞏ Mello-Roos Administration 0.00 10,000.00 10,000.00 6081-00 ꞏ ULDC Expenses 1,496,300.00 0.00 1,496,300.00
6085-00 ꞏ Office Expense 500.00 0.00 500.00
6090-00 ꞏ Oil & Gas 175.00 0.00 175.00
6095-00 ꞏ Payroll Expenses 40,000.00 0.00 40,000.00
6100-00 ꞏ Permits, License & Other Fees 2,000.00 0.00 2,000.00 6110-00 ꞏ Property Taxes 1,550.00 0.00 1,550.00
6115-00 ꞏ Repairs & Maintenance
6115-10 ꞏ Repairs & Maint - Pumps 25,000.00 0.00 25,000.00 Total 6115-00 ꞏ Repairs & Maintenance 25,000.00 0.00 25,000.00 6122-00 ꞏ Storage 400.00 0.00 400.00
6130-00 ꞏ Tools & Supplies 500.00 0.00 500.00
6135-00 ꞏ Utilities 15,000.00 0.00 15,000.00
6200-00 ꞏ Debt Service - Principal 0.00 277,208.00 277,208.00 Total Expenditures 2,053,100.00 411,658.00 2,464,758.00 Change in Net Position -1,293,075.00 10,367.00 -1,282,708.00 Non-Cash Items:
6013-00 ꞏ Depreciation 77,028.00 0.00 77,028.00

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ATTACHMENT D 109
City of Stockton
Legislation Text
File #: 22-1090, Version: 1

RESOLUTION APPOINTING AISHA ABERCROMBIE, MAURICE SPILLER AND IRIE WOODS TO

THE STOCKTON ARTS COMMISSION

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

1. Appoint Aisha Abercrombie, Maurice Spiller, and Irie Woods to the Stockton Arts Commission with term to commence immediately upon approval.

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

Summary
The Stockton Arts Commission (“SAC”) membership is defined by Stockton Municipal Code section

2.94.040 as a 15-member board appointed by the Mayor with approval of the City Council for a term of four years. Each member serves a term of four years.

In 2022 the City Clerk’s Office conducted recruitment campaigns and accepted applications on a continuous basis for new members. Five applications were received and forwarded to SAC. A nominating committee of SAC commissioners conducted the interviews on September 9, 2022. On October 3, 2022, the nominating committee presented a recommendation to SAC to fill three vacancies. The commission approved the recommendation unanimously.

DISCUSSION
Background
The Stockton Arts Commission is composed of fifteen members. There are currently eleven vacancies. Six vacancies were expected due to the expiration of member terms on December 31, 2018. Five vacancies occurred after the City received letters of resignation between November 2020 and June, 2022.

In accordance with Council Policy, Title 3 Chapter 3.02, the City Clerk initiated a recruitment process.

The vacancy announcement was posted on the City’s Boards and Commissions web page and print copies were posted on the City’s public posting boards. The City Clerk’s office also accepted applications continuously throughout the year. At the conclusion of the recruitment period, five applications were received.

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File #: 22-1090, Version: 1
In accordance with City Council Policy Manual Chapter 3.02, City Council and Mayoral Appointments to Committees, Boards, and Commissions, and Resolution 2018-02-27-1110, the City Clerk forwarded the three applications to the SAC for consideration. The nominating subcommittee selected two applicants to interview (Attachment A). Interviews were conducted on September 9, 2022 and a recommendation to fill three vacancies was submitted to the full Commission on October 3, 2022. The commission voted unanimously to recommend the appointment of Aisha Abercrombie, Maurice Spiller, and Irie Woods to the Stockton Arts Commission.

Present Situation
The SAC has approved a recommendation of three new members for Council consideration.

Pursuant to Stockton Municipal Code section 2.94.040, the Mayor and City Council are responsible for appointing members to the SAC.

Upon approval, the membership of the Stockton Arts Commission will be:

Name End of Term
Aisha Abercrombie December 31, 2026
Maurice Spiller December 31, 2026
Irie Woods December 31, 2026
Maximilian Cao December 31, 2025
Evai Dellafosse December 31, 2022
Justin Grant December 31, 2025
Desiree Orque December 31, 2025
Anuit Albahar December 31, 2022

FINANCIAL SUMMARY
The Stockton Arts commission receives no remunerations. There is no direct financial impact to the City by taking this action.

Attachment A - SAC Candidate Applications (redacted)
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ATTACHMENT A 112
ATTACHMENT A 113
ATTACHMENT A 114
ATTACHMENT A 115
Irie Woods
ㅡ
Summary
Dependable employee recognized for consistency in
productivity and attendance while exhibiting a positive attitude in light of challenging situations. Exhibits exemplary work ethic and willingness to learn new processes and techniques which enhance business and team efforts.

I am a highly self-motivated artist of many different mediums and forms. I have a passion for learning, and I love to apply my advanced leadership skills to real world scenarios. I find fulfillment in contributing unique, creative, and impactful ideas to my workplace.
ㅡ
Experience
Poppy Coffee - Barista
April 2022-Present
Create and serve espresso based
beverages + food, customer service and register, maintain kitchen cleanliness
Arte Del Cafe - Barista
December 2021-March 2022
Create and serve espresso based
beverages + food, customer service and register, maintain kitchen cleanliness
In Season Market and Nursery
March 2021-May 2021
Create and serve espresso based
Beverages, maintain inventory and gift shop, horticulture assistant Sporganics / Business Manager
September 2020-Present - Stockton
Cultivate mushrooms, coordinate sales and vending opportunities, organizational duties
SugaRushd / Assistant
May 2018 - Present - Stockton
Assist in all aspects of warm cookie delivery business including but not limited to creating marketing materials and social media content, providing customer service via email, website/app chat, or phone, kitchen/bakery cleanliness, product packaging.

ATTACHMENT A 116
ㅡ
Education San Joaquin Delta College / Music and Performing Arts Spring 2018-Fall 2020
Rio Valley Charter School / Equivalency Diploma (CHSPE) Fall 2017-Spring 2019
ㅡ
Skills Adaptable to changing environments
Effective communicator
Artistically inclined
Creative problem solving
Passionate about community and environmental health
Rapid retention of information and techniques
Ability to come up with original, innovative ideas
Willing to collaborate, great team player
Strong Leadership skills
Advanced vocal technique (Estill)
Abstract expressionism
Creative writing
Proficient in Ableton Live
Proficient in Adobe Spark, Lightroom, Garageband, Windows Office Apps, Google Office Apps Advanced Reiki student
Creative photography/videography
Musical composition
Audio editing
Achievements
● Certificate of Special Congressional Recognition by U.S. Congressman Jerry McNerney ● Certificate of Recognition by San Joaquin County Board of Supervisors ● Certificate of Recognition by California Legislature Assembly ● Certificate of Recognition by City of Stockton, City Council ● Certificate of Recognition for Stockton Youth in Government Day (2018, 2019) Relevant Experience
ATTACHMENT A 117
Leadership Experience
● Co-organized the youth track for California Vision 2020 Conference ● Entrepreneurial skills from family-owned businesses
● Served as Chair of the Teen Leadership Council (2018-2019), the official voice of Stockton Youth ● Served as Youth Representative for Stockton Arts Commission (2019) Communication and People Skills
● Worked in customer service starting at an early age
● Demonstrated ability to maintain outreach for organizations and companies ● Effective public speaking skills
● Studying psychology and cognitive sciences
● Easily able to connect to professionals throughout the community ● Experienced in building relationships through professional dialogue ● Ability to accept and provide constructive criticism
● Public Relations coordinator for Out of the Box Music Arts Performing Arts
● Active in school theater productions and choir from elementary-high school onward ● Studied theater terminology, stage presence techniques, and anatomy of the voice ● Trained at SJDC in Voice, Vocal Anatomy/Physiology, and Speech ● Trained at SJDC in Jazz, Ballet, Cultural, and Contemporary/Modern dance ● Campus winner of the national 2018 Poetry Out Loud competition ● Model for Stockton Fashion Week 2020
Organization and Time Management
● Outstanding experience in academic work management
● Demonstrated ability to successfully complete multiple tasks over short periods of time ● Understanding of levels of significance per task
● Observant in the outstanding desires of customers/clients ● Ability to take on tasks left uncompleted by coworkers ● Experience judging art-based competitions
● Extended experience in event planning
● Ability to develop innovative solutions to organizational problems Technical Skills
● Accurate typing skills
● Knowledge of computer programming such as Google Docs, Sheets, Slides, Drawings, etc ● Knowledge of computer programming such as Microsoft Office, Word, Paint, Spreadsheets, etc ● Experience in mixed-media art including student-level graphic design, painting with water and oil-based paints, interior design, and photography
● Extended ability to successfully budget, design, host, and carry-out an event ● Understanding of the functions of music, theory, and production related equipment such as Ableton, Adobe, and GarageBand software
ATTACHMENT A 118
ATTACHMENT A 119
ATTACHMENT A 120
Interests & Experiences
Please tell us about yourself and why you want to serve.

I have been in the creative space my entire life. As an educator with several backgrounds in the school system, it is important to me to integrate creativity into the infrastructure that C i t i es are built on. It is key for society, culture, business, and politics to understand the Arts. The goal is that the world will discover more harmony in every day life, not every so often or only on special occasions. My personal expertise revolves around Music/Audio Engineering, Visual Arts/Mixed-media/Painting, and Creative Direction
(consulting others brings their ideas to life through all mediurns of service). These have been my passions for over a decade. I want to serve because our legacy is bigger than our ability to put colors to canvas. My service will create ri pples for youth, elders, and generations of Stockton to come forward and express themselves. These ripples will benefit the local economy, local synchronizati on, and local understanding of regional differences created by those who do not understand what is actually going on in the neighborhoods of Stockton.

Please state the reason you would like to be a member of this board/commission.

The reason I feel called to be a member of the board is because I have been a member of many other organizations wi th milestones and goals revolvi ng around arts and equity. My experience allows me the discernment to be unbiased in deeision making but passionate enough to know what each artistic project deserves and requires to be fruitfull . I care about the fruit that is given to the city's Art Programs.

Have you served on an advisory group before?
c: Yes r No
If yes, please explain.

My work on the board of organ zers for grassroots cooperat ves, non-prof ts, and oca bus nesses has g ven them the nt ectua property needed to aunch the r deas nto the commun ty w th m n ma obstac es. StockSo d, lnnerG, So Feed, W thOurWords, and Rose Street Co ect ve are a few brands I have adv sed n bu d ng.

How did you hear about the position?
I heard about th s pos t on after attend ng the Stockton Art's Comm ss on Meet and Greet event at the Sa e Cub n June 2022. I met members of the Arts Comm ss on and was nv ted to app y.

City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
r. Yes r No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group? r Yes r. No
Background Information
Maurice O Spiller Jr
ATTACHMENT A 121
ATTACHMENT A 122
ATTACHMENT A 123
ATTACHMENT A 124
ATTACHMENT A 125
ATTACHMENT A 126
Enter Your Initials:

J h
Date Signed
4/30/22
Judith A Light Hall
ATTACHMENT A 127
ATTACHMENT A 128
ATTACHMENT A 129
ATTACHMENT A 130
ATTACHMENT A 131
ATTACHMENT A 132
ATTACHMENT A 133
ATTACHMENT A 134
ATTACHMENT A 135
ATTACHMENT A 136
Date Signed
2/23/2022
Virtu Arora
ATTACHMENT A 137
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING AISHA ABERCROMBIE, MAURICE SPILLER, AND IRIE

WOODS TO THE STOCKTON ARTS COMMISSION
The Stockton Arts Commission acts in an advisory capacity to the Stockton City Council in connection with the artistic and cultural development of the City; and The Stockton Arts Commission promotes and encourages programs that further the development and public awareness of all the arts including public art, fine arts, and performing arts; and
The Stockton Arts Commission recommends the appointment of Aisha Abercrombie, Maurice Spiller, and Irie Woods for one term to expire on December 31, 2026: and
In accordance with Stockton Municipal Code section 2.94.040.A, members of the Stockton Arts Commission are appointed by the Mayor with approval of the City Council; now, therefore,

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

1. The City Council appoints Aisha Abercrombie, Maurice Spiller, and Irie Woods to the Stockton Arts Commission.

2. Commissioner terms will commence immediately upon approval and expire on December 31, 2026.

3. The Mayor with approval of the City Council agrees with the current recommendations of the Stockton Arts Commission and the Community Services Department.

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

PASSED, APPROVED AND ADOPTED December 6, 2022 .

KEVIN J. LINCOLN, III
ATTEST: Mayor of the City of Stockton

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
138
City of Stockton
Legislation Text
File #: 22-0990, Version: 1

AUTHORIZE AN AGREEMENT WITH THE MIRACLE MILE IMPROVEMENT DISTRICT TO

MANAGE THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT

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

1. Authorizing the Miracle Mile Improvement District, a non-profit corporation (the "Owner’s Association”) to operate the Miracle Mile Community Improvement District ("MMCID") with responsibility for managing the community improvement district assessments and delivery of enhanced services, as described in the adopted Management District Plan, dated April 2022, including the delivery of programs, enhanced maintenance, safety, marketing, management, and advocacy services;

2. Authorizing the City Manager, or designee, to execute the Agreement between the City and the Owner’s Association; and,

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

Summary
On May 24, 2022, the City Council adopted a Resolution of Intention to form the MMCID and to set a date for a public hearing to tabulate ballots received. On September 13, 2022, the City Council conducted the public hearing and, upon tabulation of the district property owners’ ballots with 76% of the votes in favor, adopted a resolution to form the MMCID. The MMCID was formed with a term of 20 years beginning in January 2023 (Attachment A - MMCID Boundary Map).

Through the proposed agreement (Exhibit 1 to the Resolution), the City and the Owner’s Association will continue to formalize their respective roles and responsibilities with regard to the MMCID to ensure that the City continues to provide “baseline” City services and that the district operates in accordance with the adopted Management District Plan.

DISCUSSION
Background
The formation of a Community Improvement District is authorized under the City of Stockton’s Community Improvement District Ordinance 2022-03-12-1211 (Attachment B - SMC Ordinance No. 2022-03-22-1211). These districts provide the resources for enhanced maintenance, safety, marketing, management, and advocacy services through property assessments.

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File #: 22-0990, Version: 1
The Miracle Mile Property-Based Improvement District (MMPBID) was originally established in 2007 and subsequently renewed in 2012 and 2017. On July 12, 2022, the City Council adopted a Resolution of Intention for the formation of the MMCID (Attachment C - Resolution No. 2022-07-12- 1203) and set a public hearing to tabulate ballots received. On September 13, 2022, the City Council conducted the public hearing and, upon tabulation of the district property owners’ ballots with 76% of the votes in favor, adopted Resolution No. 2022-09-13-1602 for the formation of the MMCID (Attachment D - Resolution No. 2022-09-13-1602). The current MMPBID is set to expire December 31, 2022.

Present Situation
The business owners represented by the Owner’s Association have been responsible, through the MMPBID’s owner’s association, for the management and operations of the MMPBID since its establishment in 2007. As such, staff recommends that the City Council designate the Owner’s Association to administer the MMCID funds and ensure the delivery of programs, enhanced maintenance, safety, marketing, management, and advocacy services through property assessments.

The Owner’s Association will administer funds consistent with the Management District Plan and adopted by City Council on September 13, 2022. To ensure accountability, the proposed agreement requires that the Owner’s Association provide the City with a budget for each program year describing how it intends to expend the funds, an annual report of accomplishments of the prior year, and financials.

Staff is recommending that the City Council authorize the City Manager to execute the proposed agreement to administer the MMCID for a 20-year term beginning January 1, 2023.

FINANCIAL SUMMARY
The district assessments are paid directly to the County by property owners as part of their tax bill, and the County will directly pay assessments to the MMID. If approved, MMCID will begin receiving revenue collected by the County Assessor as part of the calendar year 2023 property tax payments.

The assessment funds will be directly transferred to the MMCID by the San Joaquin County Assessor’s office.

The City will make an annual contribution to the MMCID based on the number, size, and location of City-owned properties within the MMCID and the annual assessment rates. The City’s contribution for the first year of operation (2023) is estimated to be $21,639.84. This is paid from the Administrative Services General Fund, General Administration Division, Tax Collection Costs Program Account.

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

Attachment A - MMCID Boundary Map
Attachment B - SMC Ordinance No. 2022-03-22-1211
Attachment C - Resolution No. 2022-07-12-1203
Attachment D - Resolution No. 2022-09-13-1602
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BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL
N

HUNTER ST
N

COMMERCE ST
N

HUNTER ST
N

SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

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

PACIFIC WAY

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

PACIFIC WAY

PACIFIC AVE
N

EL DORADO ST

W NOBLE

W MAPLE ST
N

COMMERCE ST
N

CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4

ATTACHMENT A
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022
141
ATTACHMENT B 142
ATTACHMENT B 143

3.96.080 Formation Costs.

If so provided in the engineer's report for a Community Improvement District, the assessment levied in connection with such a District may include amounts sufficient to recover the costs incurred in forming the District, including:

A. The costs of preparation of the management plan and engineer's report required by State law; and
B. The cost of preparing, circulating and submitting the petition to the City Council seeking establishment of the District; and
C. The costs of printing, advertising, and the giving of published, posted, or mailed notices; and
D. Compensation of any consultant, engineer, or attorney employed to render services in proceedings under this chapter or the PBID Law; and E. Costs incurred by the City for public hearings, notices, ballots and other proceedings required by law for approval of a new or increased assessment.

The engineers report shall specify the formation costs eligible for recovery through assessments, the schedule for recovery of those costs, and the basis for determining the amount of the additional assessment for recovery of costs, including the maximum amount of the additional assessment, expressed either as a dollar amount, or as a percentage of the underlying assessment.

3.96.090 Advancement of Costs.

The City Council may, in the Resolution of Intention for a Community Improvement District, provide that if the District is established, funds may be advanced from the City's general fund to permit the operation of the District prior to the City's collection of the assessment. Such advance shall occur only after the establishment of the District, and no advance shall be made if the District is not established. Any such advance may not exceed the total anticipated assessment proceeds for the first year of the assessment.

Any such advance must be recovered from assessment proceeds as provided in the Resolution of Intention, along with interest calculated at a rate set forth in the Resolution of Intention. The duration of any such advance shall not exceed five years.

3.96.100 Duration.

The duration of a new Community Improvement District shall be no greater than specified in the Resolution of Intention for the District, and shall in no event be in excess of 20 years. This section is intended to supplant any shorter limitation set forth in the PBID Law on the duration of assessments levied in connection with an assessment district.

ATTACHMENT B 144
ATTACHMENT B 145
Resolution No. 2022-07-12-1203

STOCKTON CITY COUNCIL

A RESOLUTION OF INTENTION FOR FORMATION OF THE MIRACLE MILE

COMMUNITY IMPROVEMENT DISTRICT, ACCEPTING PETITIONS OF PROPERTY

OWNERS, PRELIMINARILY APPROVING THE MANAGEMENT DISTRICT PLAN

AND ENGINEER'S REPORT, APPROVING A PROPOSED BOUNDARY MAP,

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

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

BALLOTS AND NOTICES, AND AUTHORIZING AND DIRECTING THE CITY

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

The petitions, the boundary map, and the Plan are on file with the City Clerk; and The City Council finds that the City has received petitions signed by property owners in the proposed MMCID who will pay more than 30% of the proposed assessment; and
The City Council finds that the Plan satisfies all the requirements of Streets and Highways Code section 36622. The Plan proposes to fund improvements and services through the levy of a benefit assessment on real property within the MMCID; and Pursuant to Article XIIID, Section 4 of the California Constitution, publicly owned properties which receive special benefit from the improvements must be assessed a proportionate share of the costs thereof; now, therefore, ATTACHMENT C 146
ATTACHMENT C 147
ATTACHMENT C 148

BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL
N

HUNTER ST
N

COMMERCE ST
N

HUNTER ST
N

SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

PACIFIC WAY

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

PACIFIC WAY

PACIFIC AVE
N

EL DORADO ST

W NOBLE

W MAPLE ST
N

COMMERCE ST
N

CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
EXHIBIT 1
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022
ATTACHMENT C 149
EXHIBIT 2 ATTACHMENT C 150
EXHIBIT 2 ATTACHMENT C 151
EXHIBIT 2 ATTACHMENT C 152
EXHIBIT 2 ATTACHMENT C 153
EXHIBIT 2 ATTACHMENT C 154
EXHIBIT 2 ATTACHMENT C 155
EXHIBIT 2
Boundaries:

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

Benefit Zones:

The District consists of four benefit zones.

Northem Boundary:

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

Westem Boundary:

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

Southem Boundai:y:

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

Eastern Boundai:y:

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

Alpine Avenue,
Boundaries of Benefit Zones:

The boundaries of each of the four benefit zones, are to be found in their respective colors on 7 ATTACHMENT C 156
EXHIBIT 2 ATTACHMENT C 157
EXHIBIT 2 ATTACHMENT C 158
EXHIBIT 2 ATTACHMENT C 159
EXHIBIT 2 ATTACHMENT C 160
EXHIBIT 2 ATTACHMENT C 161
EXHIBIT 2 ATTACHMENT C 162
EXHIBIT 2 ATTACHMENT C 163
EXHIBIT 2 ATTACHMENT C 164
EXHIBIT 2 ATTACHMENT C 165
EXHIBIT 2 ATTACHMENT C 166
EXHIBIT 2 ATTACHMENT C 167
EXHIBIT 2 ATTACHMENT C 168
EXHIBIT 2 ATTACHMENT C 169
EXHIBIT 2 ATTACHMENT C 170
EXHIBIT 2 ATTACHMENT C 171
EXHIBIT 2 ATTACHMENT C 172
EXHIBIT 2 ATTACHMENT C 173
EXHIBIT 2 ATTACHMENT C 174
EXHIBIT 2 ATTACHMENT C 175
EXHIBIT 2 ATTACHMENT C 176
EXHIBIT 2 ATTACHMENT C 177
EXHIBIT 2 ATTACHMENT C 178
EXHIBIT 2 ATTACHMENT C 179

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Exhibit 3

MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT

PUBLIC NOTICE

A PUBLIC HEARING ON THE FORMATION OF A COMMUNITY IMPROVEMENT DISTRICT

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

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

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

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

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

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

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

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

ATTACHMENT C 212
ATTACHMENT D 213
ATTACHMENT D 214
ATTACHMENT D 215

BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL
N

HUNTER ST
N

COMMERCE ST
N

HUNTER ST
N

SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

PACIFIC WAY

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

PACIFIC WAY

PACIFIC AVE
N

EL DORADO ST

W NOBLE

W MAPLE ST
N

COMMERCE ST
N

CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
EXHIBIT 1
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022

ATTACHMENT D
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH THE MIRACLE MILE IMPROVEMENT DISTRICT RELATIVE TO THE MIRACLE

MILE COMMUNITY IMPROVEMENT DISTRICT
The Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., authorizes cities and counties to establish and renew property and business improvement districts for the purposes of providing activities and improvements which generate a special benefit to assessed parcels; and The City of Stockton’s Community Improvement District Ordinance, at Title 3, Chapter 3.96 of the Stockton Municipal Code, as amended by Ordinance No. 2022-03-22-1211, provides for alternative procedures which supplement the procedures of the Streets and Highway Code; and
The Miracle Mile Community Improvement District (“MMCID”) Management District Plan (hereafter “Plan”), provides for enhanced security and maintenance, landscape beautification, advocacy services, marketing, and events with the intent of providing special benefits to assessed parcels within the MMCID; and
The City Council has authorized and approved the formation of the Miracle Mile Community Improvement District (MMCID) and its associated Management District Plan; and
On July 12, 2022, the City Council adopted Resolution No. 2022-07-12-1203, a Resolution of Intention for the formation of the MMCID; and On September 13, 2022, the City Council adopted Resolution 2022-09-13-1602, approving the formation of the MMCID for a 20-year term beginning January 1, 2023; and The MMCID was established to ensure the delivery of programs and provide enhanced maintenance, safety, marketing, management, and advocacy services beyond what the City currently provides; and
The adopted Management District Plan describes a governance framework for the MMCID, which requires the City of Stockton to contract with a non-profit corporation to manage MMCID funds and deliver the enhanced services pursuant to California Streets & Highways Code section 36651; and
The City desires to contract with the Miracle Mile Improvement District and designate it to deliver the enhanced services; now, therefore, 279

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

1. The City Council designates the Miracle Mile Improvement District, a non-profit corporation, to operate the MMCID with responsibility for managing the community improvement district assessments and delivery of enhanced services, as described in the adopted Management District Plan, dated April 2022, including the delivery of programs, enhanced maintenance, safety, marketing, management, and advocacy services

2. The City Manager, or designee, is hereby authorized to execute the Agreement between the City and the Miracle Mile Improvement District, a copy of which is attached hereto as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED December 6, 2022 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
___________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
280
EXHIBIT 1
1 AGREEMENT BETWEEN THE CITY OF STOCKTON

AND THE MIRACLE MILE IMPROVEMENT DISTRICT

RELATIVE TO THE MIRACLE MILE COMMUNITY

IMPROVEMENT DISTRICT (MMCID)
This Agreement is entered into on January 1, 2023, by and between the CITY OF STOCKTON, a municipal corporation (herein “CITY”), and MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT, DBA THE MIRACLE MILE IMPROVEMENT DISTRICT, a California nonprofit corporation (herein the “Owners’ Association”).

RECITALS
On March 22, 2022, the City Council adopted an ordinance amending Title 3, Chapter

3.96, sections 3.96.020 and 3.96.030 and adding sections 3.96.040, 3.96.050, 3.96.060,

3.96.070, 3.96.080, 3.96.090, 3.96.100, 3.96.110, 3.96.120, and 3.96.130 of the Stockton Municipal Code, relating to the establishment of Community Improvement Districts (Ordinance No. 2022-03-22-1211).

A Community Improvement District (CID) is a flexible financing tool to allow Stockton business districts new mechanisms to establish innovative ways of attracting, retaining, and expanding their businesses to remain competitive with other areas of the region. The formation of a CID is authorized under the City of Stockton’s Community Improvement District Ordinance 2022-03-12-1211 (SMC Ordinance #2022-03-22-1211), upon tabulation of ballots at a public hearing. If the ballots in favor of the CID formation exceed the opposition (weighted by the amount of the assessment) the city may adopt a resolution for the formation of the CID.

On May 24, 2022, the City Council adopted a Resolution of Intention for the formation of the Miracle Mile Community Improvement District (MMCID) and authorized the City Manager to set a date for a public hearing to tabulate the ballots (Resolution No. 2022-05- 24-1503).

On September 13, 2022, the City Council conducted a public hearing and, upon tabulation of the ballots with 76% of the votes in favor, adopted a resolution to approve the formation of the MMCID (Resolution No. 2022-09-13-1602), a map of the MMCID boundary is attached hereto as Exhibit “A”.

The Owners’ Association was established to support activities and improvements for the assessed properties, including enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration throughout the MMCID.

The City and the Owners’ Association wish to formalize respective roles and responsibilities with regards to maintenance within the MMCID, to ensure that the City continues to provide “baseline” City services, and the addition of privately contracted enhanced services is provided over and above, rather than supplanting, the current levels of City services.
281
EXHIBIT 1
2 The Owners’ Association represents a large number of property owners within the MMCID and is instrumental in the establishment and formation of the MMCID and has the capacity to manage the District Improvements to be provided by the MMCID.

City and Owners’ Association desire to enter into this Agreement to set forth the roles and responsibilities to each party with respect to providing the District Improvements and administering the MMCID in accordance with the adopted Management District Plan.

AGREEMENT
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. DEFINITIONS. Certain terms are defined in the heading and recitals to this agreement. In addition to those definitions, as used in this Agreement, the following definitions shall apply:
a. Management District Plan & Engineer’s Report. The document entitled “Management Plan and Engineers Report” dated April 18, 2022, and April 19, 2022, respectively, adopted by the City Council on May 24, 2022 (Resolution No. 2022-05-24-1503) and incorporated herein to this Agreement by reference. b. District Improvements. The improvements (or services) to be provided by the Owners’ Association including civil sidewalks (clean & safe), district identity & placemaking, administration & district management, and contingency & reserve as described in the Management District Plan.
c. Benefit Zones. An area of land within the MMCID boundary designated to receive a specific level of District improvements. The four Benefit Zones are identified in Exhibit “A” and further described in the Management District Plan and Engineer’s Report.

2. OWNERS’ ASSOCIATION OBLIGATIONS. The Owners’ Associations’ obligations under this Agreement shall be as follows:
a. Provide District Improvements. The Owners’ Association shall provide, manage, and administer all District improvements for 20 years as indicated in the Management District Plan, during the following time periods:

Year 1 January 1, 2023 through December 31, 2023
Year 2 January 1, 2024 through December 31, 2024
Year 3 January 1, 2025 through December 31, 2025
Year 4 January 1, 2026 through December 31, 2026
Year 5 January 1, 2027 through December 31, 2027
Year 6 January 1, 2028 through December 31, 2028
Year 7 January 1, 2029 through December 31, 2029
Year 8 January 1, 2030 through December 31, 2030
Year 9 January 1, 2031 through December 31, 2031
Year 10 January 1, 2032 through December 31, 2032
282
EXHIBIT 1
3 Year 11 January 1, 2033 through December 31, 2033
Year 12 January 1, 2034 through December 31, 2034
Year 13 January 1, 2035 through December 31, 2035
Year 14 January 1, 2036 through December 31, 2036
Year 15 January 1, 2037 through December 31, 2037
Year 16 January 1, 2038 through December 31, 2038
Year 17 January 1, 2039 through December 31, 2039
Year 18 January 1, 2040 through December 31, 2040
Year 19 January 1, 2041 through December 31, 2041
Year 20 January 1, 2042 through December 31, 2042
b. Budget & Annual Reports. The Owners’ Association shall submit to the City, for review, comment, and approval, an annual report describing the MMCID improvements and accomplishments for the previous year and proposed budget for each upcoming year of operation. At formation of the district, the Owners’ Association will submit the newly formed MMCID budget for 2023 on or before December 15, 2022. In year 1, the Owners’ Association shall submit the final former MMPBID accomplishments and annual report and the newly formed MMCID district goals on or before March 1, 2023. Subsequent yearly budgets shall be submitted on or before January 1
st for years 2-20.
c. Financial Statements. The Owners’ Association shall submit a statement of income and expenses of the MMCID, reviewed by a Certified Public Accountant, covering the previous calendar year on or before March 1, 2024 for year 1 (2023), and March 1st for each year thereafter. Within thirty (30) days of written request of the City, the Owners’ Association shall provide all other financial information in relation to the MMCID as may be reasonably requested from time to time. The Budget Reports for years 2-20 shall declare the budget surplus (or deficit) for the prior year.
d. Subcontracting. The Owners’ Association shall let and administer all subcontracts necessary for providing the MMCID Improvements. In all subcontracting, the Owners’ Association shall follow competitive bidding procedures unless the Owners’ Association has documented that it is necessary to award a subcontract on a negotiated basis to assure the provisions of adequate improvements at the most advantageous cost.
e. Work in the Public Right-of-Way. The Owners’ Association shall comply with all federal, state, and local laws and shall secure all necessary permits and authorizations pertaining to work within the public right-of-way including, but not limited to, sidewalks, alleys, streets, public easements, public buildings, and public parking areas and garages.
f. Maintain Database. The Owners’ Association shall maintain a complete database of all parcels, building square footages, and linear frontage footages of assessed properties within the MMCID. Said database shall be updated at least once each year during MMCID operations to reflect changed conditions and to accurately reflect status of assessed parcels. Owners’ Association shall provide a copy of the database with the submittal of the Budget Reports 283
EXHIBIT 1
4 described in section 2.b. above.
g. Indemnify and Hold Harmless. To the fullest extent permitted by law, Owners’ Association shall hold harmless, defend at its own expense, and indemnify the City, 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 Owners’ Association or its officers, agents, or employees in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages, or expenses arising from the City’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. h. Insurance Requirements. Owners’ Association shall maintain insurance in the form identified in Exhibit “B”.

3. CITY OBLIGATIONS. The City’s obligations under this Agreement shall be as follows:
a. Owners’ Association Administration. The City shall provide administration of the annual MMCID proceedings, including preparation of the annual City Council reports.
b. Billing and Collecting. The City will coordinate the annual levy process and collecting of assessments directly with the County of San Joaquin. c. Payments to the MMCID. The annual MMCID assessment will be collected with the regular County property taxes. The MMCID will provide direct billing to the County in order to receive these revenues. The City will not act as an intermediary to request payments on behalf of the MMCID. d. Annual City Contribution. The City will make an annual contribution to the MMCID for the assessments of city owned properties within the MMCID. The City’s contribution will be an aggregate sum based on the number, size, and location of City-owned properties within the MMCID and the annual assessment rates. The City’s contribution for the Year 1 of operation (2023), is estimated to be $21,639.84. The City’s contribution will be paid to the Owners’ Association by March 31
st of each year thereafter of MMCID operation based upon the assessment amount approved in the annual Council authorization for appropriation of the MMCID annual report, budget, and financials. e. City commitment to maintain baseline services. The City shall agree to maintain a level of City services to the MMCID boundary that allows for asset sustainability, and not supplant these services. The intent is not to supplant baseline City services currently provided within the City right-of- way with services to be provided by the MMCID Management District Plan. However, such maintenance of services shall be subject to the discretionary actions of the City Council.
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EXHIBIT 1
5 f. City contract for Owners’ Association services. The City may enter into contracts for services to request that the Owners’ Association provide certain maintenance functions for City-owned facilities or public right-of-way located within the MMCID.

4. GOVERNANCE
Assignment and Assumption. As provided in the Management District Plan, a new public benefit non-profit corporation may be established after formation of the MMCID to manage the MMCID. Pursuant to an assignment and assumption agreement between the City, Owners’ Association, and the new public benefit non-profit corporation, the rights, obligations, and responsibilities of the Owners’ Association may be assigned to and assumed by the new public benefit non-profit corporation, which shall thereafter serve as the owners’ association of the MMCID. The City Manager of the City is empowered to execute such an assignment and assumption agreement on behalf of the City.

5. GENERAL PROVISIONS
a. Notices. Any notice, tender, delivery, or other communications pursuant to the Agreement shall be in writing and shall be deemed to be properly given when delivered or mailed in the manner provided in this paragraph to the following persons:

City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
Miracle Mile Improvement District
Attn: Executive Director
PO Box 4016
Stockton, CA 95204
Any party may change that party’s address for these purposes by giving written notice to the change to the other parties in the manner provided in this section.

If sent by mail, any notice, delivery, or other communication shall be effective or deemed to have been given 48 hours after it has been deposited in the United States mail, with postage prepaid, and addressed as set forth above. b. Term and Termination. The term of this Agreement shall be from the date of execution first noted through December 31, 2042. The Owners’ Association may recommend to the City Council an extension of the termination date to allow the expenditure of remaining budgeted funds for improvements in the event all MMCID funds are not received and spent by December 31, 2042. Said extension, if any, shall be at the sole discretion of the City Council. Following termination, the Owners’ Association shall, as expeditiously as reasonably possible, terminate all activities of the MMCID, pay all obligations and costs of administration incurred on behalf of the MMCID, and return all remaining 285
EXHIBIT 1
6 MMCID funds to the City. Thereafter, the City shall return remaining MMCID funds to the owners of the assessed properties in amounts proportionate to the amounts of assessments they paid for the MMCID.
c. Attorney’s Fees. If the services of any attorney are required by either party to secure the performance of this Agreement, or otherwise upon the breach of the default of either party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and other expenses, in addition to any other relief to which such party may be entitled. d. Governing Law. This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California.
e. Waiver. The waiver by any party to this agreement of breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provisions of this Agreement. f. Entire Agreement. This document, including all Exhibits, contains the entire Agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. g. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on this date first set for the above.

CITY OF STOCKTON, MIRACLE MILE CID, dba MIRACLE
a Municipal Corporation MILE IMPROVEMENT DISTRICT,
a California non-profit corporation
BY:

Harry Black
BY:

City Manager NAME:

TITLE:

APPROVED AS TO FORM:

By
Lori M. Asuncion, City Attorney
286
EXHIBIT 1
7 Exhibit “A” MMCID Boundary Map
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EXHIBIT 1
8 Exhibit “B”
Insurance Requirements
Owners’ Association shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Owners’ Association, its 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 Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability (AL): ISO Form Number CA 00 01 covering any auto (Code 1), or if Owners’ Association has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Owners’ Association maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Owners’ Association. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
 Additional Insured Status
The City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are to be covered as additional insureds on the CGL and AL policy with respect to liability arising out of work or operations performed by or on behalf of the Owners’ Association including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Owners’ Association insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its Mayor, Council, officers,
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EXHIBIT 1
9 representatives, agents, employees and volunteers.” Policy shall cover City of Stockton, its Mayor, Council, officers, representatives, agents, employees, and volunteers for all locations work is done under this contract.  Primary Coverage
For any claims related to this contract, the Owners’ Association insurance coverage shall be endorsed as primary insurance as respects the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers shall be excess of the Owners’ Association insurance and shall not contribute with it. The City does not accept endorsements limiting the Owners’ Association insurance coverage to the sole negligence of the Named Insured.  Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
 Waiver of Subrogation
Owners’ Association hereby grants to the City a waiver of any right to subrogation which any insurer of said Owners’ Association may acquire against the City by virtue of the payment of any loss under such insurance. Owners’ Association agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.  Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Stockton Risk Services. The City may require the Owners’ Association to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII if admitted to do business in the State of California; If not admitted to do business in the State of California, insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A+:X.
 Claims Made Policies
If any of the required policies provide claims-made coverage:
o The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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EXHIBIT 1
10 o If Claims Made policy form is used, a three (3) year discovery and reporting tail period of coverage is required after completion of work.  Verification of Coverage
Owners’ Association shall furnish the City with original certificates and amendatory endorsements required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. Failure to obtain the required documents prior to the work beginning shall not waive the Owners’ Association obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time, for any reason or no reason.

Owners’ Association shall, prior to the commencement of work under this Agreement, provide the City with a copy of its Declarations Page and Endorsement Page for each of the required policies.
 Special Risks or Circumstances
The City 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
City of Stockton Risk Services Phone: 209-937-5037
City of Stockton Risk Services Fax: 209-937-8558
 Maintenance of Insurance
If at any time during the life of the Contract or any extension, the Owners’ Association fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract.
 Subcontractors
If the Owners’ Association should subcontract all or any portion of the work to be performed in this contract, the Owners’ Association shall cover the subcontractor, and/or require each sub- contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub- contractor’s insurance shall have the same impact as described above.
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City of Stockton
Legislation Text
File #: 22-0996, Version: 1

ADOPT A RESOLUTION APPROVING AN AMENDMENT WITH VISIT STOCKTON TO SUPPORT

YEARS TWO AND THREE OF FLAVOR FEST EVENT PROGRAMMING

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

1. Authorize the City Manager, or designee, to execute an amendment to the Visit Stockton contract (attached as Exhibit 1 to the Resolution); and

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

Summary
This action will authorize the City Manager, or designee, to execute an amendment to the current Visit Stockton Contract (Attachment A). If authorized, the amendment will increase spending authority, allowing the City to support years two and three of the international award-winning Stockton Flavor Fest.

DISCUSSION
Background
The City of Stockton, like most communities throughout the country, was negatively impacted by the COVID-19 public health emergency. In particular, the Downtown Core saw a significant reduction in traffic, business patronage, tourism and experienced numerous business closures. The event industry suffered severe impacts as most venues were shuttered for more than a year due to various State mandates. These closures impacted not only the employees directly involved in the event industry, but also the businesses in the immediate surrounding area, as foot and destination traffic were non-existent.

On September 14, 2021, Council approved the City of Stockton’s American Rescue Plan Act (ARPA) funding distribution. This approval included $8.87 million for Small Business Support / Economic Recovery, under which $1.8 million was approved for Event Programming. The City partnered with Visit Stockton to plan, promote, and activate the downtown economy by supporting a signature event celebrating the diversity of the region. The Stockton Flavor Fest aligned with the Federal government's stated goal of providing a substantial infusion of resources to help turn the tide on the pandemic, addressing economic fallout, and laying the foundation for a strong and equitable recovery.

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File #: 22-0996, Version: 1
Present Situation
With the help of local nonprofits, organizations, artists, and City Departments, Stockton Flavor Fest was held on May 14 & 15, 2022 at the Weber Point Events Center. The festival hosted a diverse lineup of entertainment, food vendors, shopping/artisan opportunities, kids’ activities and education demonstrations. Stockton Flavor Fest hosted over eleven thousand people during the inaugural twoday event, surpassing expectations (Attachment B - Flavor Fest Details and Impact Report). Visit Stockton has begun planning for Stockton Flavor Fest 2023, which will expand to a 3-day event, May 19th - 21st, with an expected build on 2022’s success.

In September of this year, during the Annual International Festival & Events Association (IFEA) Convention, Stockton Flavor Fest received a Gold award in the Best New Festival or Event Category.

Eligibility period for entries spanned from 2019 to 2022 and included entries from cities across the United States.

This amendment will allow the City to further partner with Visit Stockton to continue the signature event, creating excitement and community engagement, while providing a positive economic impact on the area.

FINANCIAL SUMMARY
There is no negative financial impact to the City’s General Fund or any other unrestricted fund because of this action. Sufficient funds are available in the Special Grant Fund, General Admin Division, Covid-19 Program, under Project #EARP201.

Attachment A - Current Contract
Attachment B - Flavor Fest Details and Impact Report
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ATTACHMENT A 318
2022 IFEA / HAAS &

WILKERSON PINNACLE

AWARDS COMPETITION
Category 59: Best New Festival
ATTACHMENT B 319
2 | Overview Information
Introduction & Description of Main Event
Visit Stockton, with the support of the City of Stockton, executed the next great culture, food, and arts festival for our community.

Stockton Flavor Fest was hosted May 14 & 15, 2022 at the Weber Point Events Center in Downtown Stockton. The
two-day festival was a celebration of the food, music,
and cultures that make-up the diverse communities
and cultures in Stockton, California. With the help of
local nonprofits, organizations, artists, and creatives, Stockton Flavor Fest created a sense of pride and
excitement in our community.

The care and curation put into this first year event was unlike any other seen in the history of this community, and Stockton deserves that. Some of the highlights
from this year’s events were:
▪ Vendors showcasing the diversity and global food
offerings reflected in the Stockton area
▪ Two days of entertainment programming, including
local musical and cultural performances
▪ Creative activities, including interactive workshops
and live art
▪ Exclusive events including a Drag Brunch benefiting
the San Joaquin Pride Center, Silent Disco, and
culinary demonstrations
▪ A taste of California’s finest libations at the Craft Beer & Wine Tent
▪ A commitment to sustainability, including the use of
earth-friendly, compostable cutlery and serveware,
clean energy, and waste diversion stations
“It was definitely amazing, all the
performers were amazing, we were
getting our groove on. We loved
it. This is the first year they had it
here in Stockton, and I want them
to bring it back every year, we will
definitely support and spread the
word. If you missed it this year, you
don’t want to miss it next year!”
- Attendee
Cultural Performers
ATTACHMENT B 320
Overview Information | 3
Name, Description, Purpose &
Objective of New Festival

NAME OF THE EVENT
Stockton Flavor Fest

PURPOSE & OBJECTIVE
The purpose and objectives of Stockton Flavor Fest were to bring people back to Downtown Stockton, support
local businesses and non-profits, and celebrate the
diversity and cultures of our community.

Bring People Back Downtown
Stockton Flavor Fest was the direct result of years of
shut doors and low-business activity in Downtown due
to the COVID-19 pandemic. Our philosophy was that
our residents and visitors needed a “welcome back”
to Downtown moment, something where they felt safe,
inspired, and excited, to spark the re-energization in
our city-center.

We created an equitable, low-cost and family friendly
festival that reflected the values of the community
members it served. Our hope was by highlighting the
cultures that make up our city, participants would feel accepted, included, and celebrated.

Support Local Businesses and Non-Profits
Performers: Live music and performance was one of the
hardest hit sectors during the pandemic, so we made it
a priority to contract local and regional performers for our main stage, strolling, and cultural performances.

Vendors: We hand-selected all the vendors (81) at the
festival through an application process as opposed to
a “first come, first served” model. The only vendors
allowed at the festival were local, small businesses that had to fit into one of three categories: food vendors,
merchants, or artisans.

Community Resource Fair: Just outside our festival
footprint, we supported a free, family-friendly
community resource fair that allowed our local nonprofits an opportunity to showcase their resources for our audience. Additionally, the fair was a fundraising
opportunity for the Child Abuse Prevention Council of
San Joaquin County and added an additional equity
component to the greater festival mission with free
games, prizes, and entertainment.

Volunteer Program: Proceeds of Stockton Flavor Fest
were shared with local charities that are represented by the event’s volunteers. Each charity received a donation based on a schedule of units, or hours, for the work
performed. This unique volunteer-led structure provided exposure to participating organizations, supporting their recovery and future successes.

Celebrate the Diversity and Cultures of Our Community
Stockton, CA was named the Most Diverse City in
America by U.S. News in 2020, something we are proud
of and wanted to celebrate through this festival. Our
hope was to reflect the cultures of our audience through our vendors, entertainment, and workshops.

Workshops: Our free art workshops included hands
on, interactive educational experiences, including “The History and How-To of Traditional Henna” and “African
Flag Dancing.” We also granted funds to local artists
to perform “live art” paintings and other mediums,
encouraging audience participation and engagement.

Performances: We hosted over a dozen cultural
and strolling performances at the festival, including
Brazilian Samba, Ballet Folklorico, Polynesian Hula
and Drummers, Traditional Hmong, Sikh Martial Arts,
Mariachi, and more. Additionally, for the first time in Stockton, we hosted a Drag Brunch benefitting the
San Joaquin County Pride Center, an organization that
provides resources, education, and acceptance for our
LGBTQQIA community.

Main Stage Entertainment: Our main stage
performances included music of varying genres, from
Folk to Brass Bands, Mariachi to Hip-Hop. The varying
acts allowed us to cater to our diverse audience and
provide entertainment that appealed to the entirety of
our community.

Vendors: We put exceptional care into selecting
the global food, artist, and merchant vendors at the
festival. We researched the prevalent cultural groups
in the community and invited vendors that reflected
those groups to apply. We also invited existing nonprofit organizations that support global foods, like the Stockton Community Kitchen and Greek Food Festival,
to showcase their offerings and earn support for their
future events and programs.

Kitchen Demonstrations: Our live kitchen demonstrations were educational opportunities to share the flavors and diverse cuisines found within our community, including
Puerto Rican, Soul Food, and Vegan cooking demos.

ATTACHMENT B 321
4 | Overview Information
Target Audience & Attendance
Our target audience for Stockton Flavor Fest was the
Stockton area and our surrounding drive markets (San
Joaquin County, Sacramento Area, & Bay Area (San
Jose & San Francisco)).

Tickets were low-cost in order to allow the most
participation from our community: $10 for adults, $5
for teens, free for kids 12 and under.

Attendees Demographic Information
Marketing Statistics

TOP REGIONS

SOCIAL MEDIA

ADVERTISING WEBSITE STATISTICS

3.3k
likes

56.7k
visits
36,982
Ad Clicks
9,430,655
Impressions
(Print & Digital)

1.9k
follows
42k
users
122.8k
views
119.2k
pageviews
City % of Attendees
Stockton 50
Sacramento 20
San Francisco 15
Manteca 3
Modesto 3
Los Angeles 3
San Jose 2
Tracy 2
Lodi 1
Unspecified 1
Number of Participants
11,616
ATTACHMENT B 322
Overview Information | 5
Overall Revenue & Expense of the Festival
ITEM AMOUNT ($)
Income
City of Stockton ARPA Funding 469,980.48
General Vendor Revenue 25,831.18
Collide Arts Grants 26,200.00
Gate/Beverages/Drag - Credit 45,782.35
Gate/Beverages/Craft - Cash 55,371.00
Sponsorships Revenue 13,000.00
Total Income 636,165.01
Expenses
Dues & Subscriptions 6,546.03
Entertainment 238,535.85
Equipment Purchases 3,626.69
Equipment Rentals 96,205.83
Contractor Expenses 39,045.00
Festival Supplies/Beverage 29,811.44
Liability Insurance 5,338.00
Marketing/Advertising 66,417.00
State Parking Lot 2,920.00
Security/EMT 39,961.00
Vendor & Festival Signage 8,949.03
Volunteer Hospitality & Supplies 3,263.79
Waste Management 23,362.53
Rentals & Fees 25,636.76
Total Expenses 589,618.95
Net Operating Income 46,546.06
Other Expenses
Donations to Non-Profits/Pride Center 26,500.00
Total Other Miscellaneous Expenditure 26,000.00
Total Other Expenses 26,000.00
Net Other Income -26,000.00
Net Reserve Income 20,546.06
ATTACHMENT B 323
6 | Overview Information
Duration of the Festival
MAY 14 & 15, 2022
10 AM - 7 PM
Weber Point Events Center, Downtown Stockton
Festival Statistics
11 Cultural
Performers
11 Kitchen Demo
Workshops
17 Main Stage
Performers
32 Global Food
Cuisine Vendors
49 Artisans & Merchants
Vendors
14 Art Workshops & Live
Art Performances
9 Art Installations &
Photo Opportunities
12 Craft Beer & Wine Tent
Performers
Festival Grounds
ATTACHMENT B 324
Overview Information | 7
Description of Sponsor / Charity /
Volunteer / School Involvement with
Festival and Benefits to Each

EVENT ORGANIZER
Visit Stockton - Stockton is widely respected as a
diverse and welcoming community, providing unique
and authentic experiences and opportunities for all. Visit Stockton is dedicated to enhancing the region’s Quality of Life by collaboratively leading the promotion of our richly diverse community and advocating for initiatives that will enhance the city’s Quality of Place.

FUNDING PARTNER
City of Stockton – The City of Stockton received
American Rescue Plan Act (ARPA) funds to aid in
Downtown Recovery efforts as a response to the COVID19 pandemic. The City approached Visit Stockton and asked if we would support their downtown recovery
efforts and with their approval we produced the inaugural Stockton Flavor Fest.

EVENT CONTRACTOR
Goodstock Productions – A female founded, owned,
and managed Stockton-based events services company
who were instrumental in the creation and execution of
Stockton Flavor Fest.

COMMUNITY RESOURCE FAIR CONTRACTOR
Child Abuse Prevention Council of San Joaquin County
We contracted with CAPC to host our free community
resource fair at Stockton Flavor Fest, which also allowed them to host their annual “Ducky Derby” fundraiser as
part of the festivities.

SPONSORS
All sponsors of our festival received ample marketing
exposures, from social media to traditional print ads,
signage and naming rights at the festival, exclusive
hosted experiences, passes, and recognition.

Donaghy Sales – Main Stage: Donaghy Sales is a family
owned and operated beverage distribution company
based in Stockton. They were the signature sponsor
of our festival, which helped offset the cost of our Main Stage entertainment.

Pacific Home Care Services – Kids Activity Tent: PHCS
is local, Stockton-based agency that provides quality
home care to the elderly and disabled. Their contribution offset the cost of our Kids Activity Tent which hosted
games, puzzles, and other family-friendly entertainment.

The Kitchen @ StoneBrier – Kitchen Demo Tent: The
Kitchen @ StoneBrier is a fine-dining restaurant in
Stockton providing a unique experience on every plate.

They hosted our Kitchen Demo Tent which provided
educational and hands-on workshops and tastings from
local chefs and artisans.

AAA – Diversity Scholarships: AAA of Northern California provides emergency and roadside assistance services
to our community. They sponsored our Diversity
Scholarship program which was established to highlight
Black, Indigenous, and People of Color (BIPOC)-
owned and LGBTQ-owned businesses/organizations
in Stockton. The scholarship was designed to provide
more opportunity for participation from individuals or
businesses who have been historically underrepresented
in order to provide a more inclusive experience for all festival-goers.

VOLUNTEERS
All proceeds from Stockton Flavor Fest benefited our
local non-profit organizations. Our volunteer-led model paid-out our partnering non-profits for hours worked at the festival. In total, we had 36 non-profits represented, made up of 531 volunteers and over 2,000 volunteer
hours.
2,000+
Hours Volunteered
531
Participating Volunteers
36 Non-Profits Represented
$26,500
Distributed to Non-Profits

VOLUNTEER PROGRAM
ATTACHMENT B 325
8 | Overview Information
What makes this festival unique & creative?
Stockton, Ca has had its fair share of negative press,
scandals, and disservice, but within it is a community so rich in diversity and creativity in need of an opportunity.

Stockton Flavor Fest was a labor of love to not only
highlight the cultures and cuisines present in our
community, but to give locals and residents something
to be proud of and excited for.

We took great care in curating a festival that was inclusive and reflective to the residents of our community. By
selecting vendors, musicians, artists, and performers
that reflect the faces and cultures in Stockton, we hoped to create an atmosphere of acceptance, inclusion, and
discovery.

The look and feel of Stockton Flavor Fest was unlike
any other in the area. All vendors were provided white
festival tents and signage to create a cohesive and
intentional vibe. Colorful shade structures were erected throughout our tree-lined park-like setting to create
ambiance and picture-worthy moments.

Local artists were awarded grants to create larger-thanlife sculptures and to perform “live art” painting on murals throughout the weekend. International themed
decorations adorned trees, stages, and tents to create a look that highlighted the cultures represented at the fest.

Additionally, we wanted to set the bar for future
events and took much effort to create a festival that
was low-waste and sustainable. All vendors were
required to use compostable or recyclable products
and serveware, aiding us in lessening our single-use
plastic waste footprint. We created waste-diversion
banks (landfill, recycling, and compost), and had a
volunteer crew responsible for overseeing the banks.

We also encouraged festivalgoers to bring their own
reusable water bottles and provided free water to all
attendees through a large refill station.

Festival Entrance
Branded Signage
Art Installations
ATTACHMENT B 326
Overview Information | 9
Overall Effectiveness & Success of the Event
The sentiment during and post-Stockton Flavor Fest
was overwhelmingly positive. For a first-year event,
we are extremely proud of the responses we have
received from city officials, vendors, attendees, and
partners. Some of the highlights we heard was the
feeling of safety our attendees felt, how clean the
festival grounds were, how respectful the crowd was,
how many options of family-friendly things to do were
provided, how beautiful the park looked, and how
many diverse offerings were available.

We saw so many shares of content from the festival on
social media that it nearly broke our Instagram account.

Hundreds and hundreds of people shared images and
videos from the festival and were often tagged with
phrases like “please bring this back next year” and
“thank you for doing this for Stockton.” We also gathered testimonials and endorsements from festival goers,
vendors, and partners, some of which are transcribed
and shared below:

We are proud to say we have already started planning
for Stockton Flavor Fest 2023 and can’t wait to continue highlighting the makers and creatives in our community
and sharing them on a grand scale.
“We are really enjoying it, the crowd is
amazing out here. We are actually not
expecting to do very well [as vendors], and
we are almost sold out of all of our plants.

We can’t be more excited, and we definitely
want to come back next year.”
- Vendor
“It was super amazing, it was honestly a
dream come true. So dope to be a part of
it, be a DJ, open up for the Ohio Players.

The crowd was amazing. Stockton man,
we’re truly blessed to have a day like this,
I hope everybody enjoyed themselves, and
can leave off with a positive note moving
into the summer. Stockton Flavor Fest, the
best thing that happened so far this year,
this is amazing.”
- DJ Kenzo
Artisan Vendor
ATTACHMENT B 327
10 | Supporting Questions
What adaptations and
modifications did you make
to this new Festival due to
the Pademic?
What challenges/obstacles
did you foresee/encounter
in creating the new
Festival, and how did you
handle them?
Any first-time event is difficult to produce, but our
timeline provided us with an even greater challenge.

In August 2021, the City of Stockton invited us to a
meeting to discuss their ARPA funding and to brainstorm initiatives to get people back downtown after a long two years of no activity. In May of 2022, 9 months after an introductory brainstorming meeting, we hosted the
largest festival in Downtown Stockton since 2014.

Our office provides year-round programming, event
support, and promotions for the city of Stockton. We
strategized and prioritized Stockton Flavor Fest around our current programming and created a unique and
mission-sharing festival.

Of course, we could not have made this event happen
without the support of our community partners and
volunteer organizations. Visit Stockton has a reputation for being a great community partner, so when the time
came for us to ask for help, we were met with helping
hands and positive attitudes. We are fortunate to have
built a foundation of trust and to have proven ourselves as a result-producing organization.

This event was a direct response to the COVID 19
Pandemic, triggered by the disparity seen in our
Downtown community and small businesses. Being
this festival was partly funded by recovery funding, our objectives in the creation of the festival were to support small businesses and bring people back to Downtown.

Downtown Stockton has long been due for revitalization, and prior to Covid there was momentum in restoring
historic facades, opening new businesses, and creating
more housing. Covid shuttered a lot of that progress,
including closing many storefronts and stalling projects.

The streets became a ghost town and people have yet to
return in their pre-pandemic numbers. The hope is that
this festival will help in bringing positive momentum
and development back Downtown and create synergy
amongst Downtown businesses.

Volunteers
ATTACHMENT B 328
Supporting Materials | 11
Printed Materials
1 3
2 4
5 1. Note Pads

2. Printed Magazine and Newspaper Advertisements
(HERLife Magazine, Sunset Magazine, San Joaquin
Magazine, Sacramento Bee)

3. 11x17 Posters

4. 4x6 Postcards

5. Stickers
ATTACHMENT B 329
12 | Supporting Materials
Promotional, Marketing, & Media Materials
Street Banners Billboards
Digital Ads
Good Day Sacramento Media Interview
visitstockton.us/FlavorFest2022-GDS-Interview1
FlavorFest 2022 Recap Video
visitstockton.us/SFF-2022-ShortRecap
ATTACHMENT B 330
Supporting Materials | 13
Merchandise Materials

1. Aluminum Water Bottle

2. Laser Engraved Magnet

3. Flavor Fest Shirt Design 1

4. Flavor Fest Shirt Design 2

5. Flavor Fest Taco Hat
1 2
3 4
5 ATTACHMENT B 331
14 | Supporting Materials
Information Provided to Participants
Festival Map
ATTACHMENT B 332
Supporting Materials | 15
Information Provided to Participants
Flavor Fest Website
StocktonFlavorFest.com
MoPo Phone App Feature
ATTACHMENT B 333
16 | Supporting Materials
Supporting Materials Index
Information Provided to Participants

1. Festival Entrance - Page 8

2. Branded Signage - Page 8

3. Festival Map - Page 14

4. Flavor Fest Website - Page 15

5. MoPo Phone App Feature - Page 15
Supporting Photographs

1. Cultural Performance - Page 2

2. Festival Grounds - Page 6

3. Art Installation - Page 8

4. Artisan Vendor - Page 9

5. Volunteers - Page 10
Measurable Results: Tangible & Intangible

1. Testimonials - Pages 2, 9

2. Attendees Demographic Information - Page 4

3. Marketing Statistics - Page 4

4. Festival Statistics - Page 6
ATTACHMENT B 334
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING AN AMENDMENT WITH VISIT STOCKTON TO

SUPPORT YEARS TWO AND THREE OF FLAVOR FEST EVENT PROGRAMMING The City, in particular the Downtown Core, was negatively impacted by the COVID-19 public health emergency, through significant reduction in traffic, business patronage, outside travel, and closures of businesses; and Council approved the City’s American Rescue Plan Act (ARPA) funding distribution on September 14, 2021, which included $1.8 million for Event Programming; and Through Council’s approval, the City partnered with Visit Stockton to plan, promote, and activate the downtown economy by supporting a signature event celebrating the diversity of the region; and
With the help of local nonprofits, local and surrounding organizations, and artists, Stockton Flavor Fest was a well-received success in May of 2022, at the Weber Point Events Center. Support of this annual event is necessary in the beginning years as it gains momentum now, therefore

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

1. Authorize the City Manager, or designee, to execute an amendment to the Visit Stockton contract (attached as Exhibit 1 to the Resolution); and

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

PASSED, APPROVED, and ADOPTED December 6, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
335
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City of Stockton
Legislation Text
File #: 22-1013, Version: 1
AUTHORIZE FIRST AMENDMENTS WITH GILL HOSPITALITY, INC., AND SETHI HOLDINGS, LP,

FOR TWO PUBLIC FACILITIES FEES DEFERRED PAYMENT AGREEMENTS

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

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

Summary
In June 2021, Gill Hospitality, LLC, "Gill Hospitality," and Sethi Holdings, LP, "Sethi Holdings," executed Deferred Payment Agreements with the City for eligible Public Facilities Fees associated with the Building permits 20-08543 and 21-00268 for the commercial development of the property located at 3651 Arch Road.

The program guidelines allow developers to defer payment of eligible Public Facilities Fees at the time of building permit issuance, to be paid in equal installments over a five- or ten-year period plus interest, depending on the amount. The City seeks to allow the developers to defer the initial payments until the following year to enable Gill Hospitality and Sethi Holdings additional time to complete the project before payment. Amendments to the Deferred Payment Agreements are necessary to approve the revised payment schedules.

DISCUSSION
Background
In 1991, the Stockton City Council adopted Resolution Number 91-0119 (Attachment A - Resolution Number 91-0119), approving the Public Facilities Fee Program. The program's purpose is to encourage economic development and private investment by providing temporary financial relief for developers of "qualified non-residential projects." Rather than paying for Public Facilities Fees at building permit issuance, the developer may elect to defer payment of eligible fees in equal installments over the agreement term. The unpaid balance of the fees is subject to an annual interest rate equal to the 11th District Cost of Funds plus 1% adjusted annually.

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File #: 22-1013, Version: 1
Gill Hospitality and Sethi Holdings are the property developers for new development at 3651 Arch Road. On June 14, 2021, Gill Hospitality and Sethi Holdings executed two Non-Residential Public Facilities Fee Deferred Payment Agreements to develop a Hampton Inn Hotel at the property. The Five-Year Deferred Payment Agreement is correlated to the eligible public facilities fees related to site grading work, totaling $47,230.48, to be paid in equal installments of $9,446.10 over five years plus interest (Attachment B - Agreement for BP20-08543). The Ten-Year Deferred Payment Agreement correlates to the eligible public facilities fees associated with the building permit, for $557,587.80, to be paid in equal installments of $61,995.78 for the first five years plus interest, which is attributed to the Water and Wastewater Fees to be paid within the first five years, and $49,521.78 annually for the remaining five years for all other deferred fees, as noted in Section 10 of the Agreement (Attachment C - Agreement for BP21-00268).

Present Situation
On September 30, 2022, Gill Hospitality requested an amendment to the fee deferral agreements for both initial payments totaling $71,441.88, plus interest. As stated by Gill Hospitality, the request is due to the current economic situation and impacts of COVID-19, along with significant building material supply-chain issues, unavailability of workforce, and inflation, making it extremely difficult to source materials. As with many recent development projects, Gill Hospitality has experienced challenges with PG&E schedules and timelines and even had to hire a third-party consultant to keep the project on track and moving forward.

The request is to defer initial payments on each agreement until the following year to allow time to complete the project and earn revenue to provide some cash-flow relief for the developer. The Economic Development and Community Development Departments staff concur that this extension is appropriate to complete the project and allow time for cash-flow accumulation. The deferral would make the first- and second-year payments for both agreements due July 2023, as indicated in the amendment. Additionally, the proposed amendment would give the City Manager discretion to further defer both the first and second installments to become due no later than December 31, 2023.

FINANCIAL SUMMARY
There is no negative financial impact to the City. The amendment would merely provide a one-time deferral for the first payment of eligible fees, totaling $71,441.88 plus interest, until the following fiscal year, 23-24. At that time, both first- and second-year payments will become due. A single amendment to the payment schedule can be requested by the developer in writing, as evidenced in the Amendment 1 for both BP 20-08543 and BP 21-00268.

Attachment A - Resolution Number 91-0119
Attachment B - Deferred Payment Agreement for BP20-08543 Attachment C - Deferred Payment Agreement for BP21-00268 City of Stockton Page 2 of 2 Printed on 11/30/2022
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ATTACHMENT A
350

DEFERRED PAYMENT AGREEMENT
QUALIFIED NON .. RESIDENTIAL PROJECT
OWNER: GIii Hospitality LLC, a California limited liability company and Sethi Holdings, LP, a Califomla limited partnership
ADDRESS: 3651 Arch Road
Stockton, CA 95212
APN: 179-480.07
BUILDING PERMIT NO (SITE): BP20�543
PROJECT: Hampton Inn by HIiton Hotel- 67,736 SF, 98 .. rooms, fitness center, and pool

1. PARTIES. This Agreement Is entered into on June 14, 2021. by and between the CITY OF STOCKTON, a .munic.:>al corporation ("CITY"), and GILL HOSPITALITY LLC. a Califomia limited liability company and SETHI HOLDINGS. LP, a Califomla limited �artnerahlp.

2. PURPOSE. The purpose of this Agreement Is to set forth the terms and conditions under which CITY agrees to defer the collection of development fees pursuant to the Publio Facilities Fee Program Administrative Guidelines as adopted and amended by the City Council and In effect as of the date of execution of this Agreement (the "Guidelines"), and OWNER agrees to pay the fee$ as provided in this Agreement.

3. TERMS ANO CONDITIONS. OWNER has appHed to CITY and
received certification from the City Manager or a designee that thts non-residential project Is a .. Qualified Pro]ecr as defined in section I.C.1.a of the Guidelines (the "Project") and oonsistin.g of the construction of a 98--room, 67,736 square foot, Hampton Inn by Hilton Hotel, with a fitness center and pool.,
a. The property and Project are located within the City of stockton, Co1:mty of San Joaquin, State of Califo.rnia, and the property is more particularly described in Exhibit "A", attached and incorporated by this reference. 1 FIVE TEN.. YEAR PROGRAM
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE FIRST AMENDMENTS TO THE DEFERRED

PAYMENT AGREEMENTS WITH GILL HOSPITALITY, LLC, AND SETHI HOLDINGS, LP, FOR THE BUILDING PERMITS 20-08543 AND 21-00268
In 1991, the City Council adopted the Public Facilities Fee Program to provide temporary financial relief for developers who may elect to defer payment of eligible Public Facilities Fees; and
In June 2021, Gill Hospitality, LLC, and Sethi Holdings, LP, executed Deferred Payment Agreements for the Qualified Non-Residential Project for building permits 20-08543 and 21-00268, totaling $604,818.28, for the commercial property located at 3651 Arch Road, Stockton, California; and
Gill Hospitality, LLC, and Sethi Holdings, LP, has experienced project delays due to the current economic situation as a result of the COVID-19 pandemic and building material supply-chain issues; and
This project will develop a vacant site in southeast Stockton and generate Transient Occupancy Tax by developing a hotel and positively impacting the surrounding area; 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 the First Amendments to the Deferred Payment Agreements between the City of Stockton and Gill Hospitality, LLC, and Sethi Holdings, LP, for Building Permits 20-08543, and 21-00268, copies of which are attached here to Exhibit 1 and Exhibit 2 and incorporated herein by this reference for the commercial property located at 3651 Arch Road, Stockton, California, to defer the initial payments of eligible Public Facilities Fees until the following year, to be evidenced by amendments to the agreements and promissory notes.
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2. The City Manager is hereby authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED December 6, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
416
EXHIBIT 1
Deferred Payment Agreement Amendment
Gill Hospitality LLC & Sethi Holdings LP
1 Contract No. 422000017 NP
3651 Arch Road, BP20-08543
AMENDMENT 1
TO

DEFERRED PAYMENT AGREEMENT
Qualified Non-Residential Project
AND

PROMISSORY NOTE
Deferred Public Facility Fees
Qualified Non-Residential Project
FOR

HAMPTON INN BY HILTON HOTEL
(Permit #BP20-08543)
417
EXHIBIT 1
Deferred Payment Agreement Amendment
Gill Hospitality LLC & Sethi Holdings LP
2 Contract No. 422000017 NP
3651 Arch Road, BP20-08543
AMENDMENT 1 TO DEFERRED PAYMENT AGREEMENT
AND

PROMISSORY NOTE
This Amendment 1 to the Deferred Payment Agreement and Promissory Note for Public Facilities Fees (the “First Amendment”) is made as of __________ ____, 2022, by and between the City of Stockton, a municipal corporation (“City”) and Gill Hospitality, LLC, a California limited liability company and Sethi Holdings, LP, a California limited partnership (together, the “Owner” and “Borrower”), (collectively, the “Parties”) with reference to the following facts:

RECITALS
A. The Parties entered into a Deferred Payment Agreement for Qualified Non-Residential Project Five-Year Program (the “Agreement”), dated June 14, 2021, contract number 422000017 NP, for the property located at 3651 Arch Road, Stockton, CA 95212 regarding Building Permit Number BP20-08543, pursuant to the City’s Public Facilities Fee Program.

B. Of even date therewith, the Parties entered into that Promissory Note for Deferred Public Facilities Fees (the “Note”), pursuant to which the Borrower promised to pay the City FortySeven Thousand Two Hundred Thirty Dollars and Forty-Eight Cents ($47,230.48). That Note being secured by a deed of trust recorded in the office of the County Recorder of the County of San Joaquin. Under the terms of the Note, the Borrower was to begin annual repayments as of July 15, 2022.

C. Subsequent to the execution of the Agreement and Note, Borrower has experienced supply chain issues for materials and timeline challenges with utility agencies, resulting in a delay of the project timeline as originally anticipated.

D. Due to the current economic situation, Borrower has requested to delay the first payment until the following year in order to allow time for project completion and revenue accumulation.

E. City has agreed to Borrower’s request to defer the first payment until the following year.

F. The Parties now desire to enter into this First Amendment to revise the repayment schedule of the Agreement and the Note.

WITH REFERENCE TO THE FACTS DESCRIBED ABOVE, the Parties agree as follows:

1. Amendment to the Agreement. The Agreement is hereby amended as follows:
a. Section 10 of the Agreement is amended to allow for the first payment, which became due July 15, 2022, to be deferred until July 15, 2023.

2. Amendment to the Note. The Note is hereby amended as follows:
a. The Note is amended to allow for the first payment, which became due on July 15, 2022, in the amount of $9,446.10, to be deferred until July 15, 2023. During deferral, 418
EXHIBIT 1
Deferred Payment Agreement Amendment
Gill Hospitality LLC & Sethi Holdings LP
3 Contract No. 422000017 NP
3651 Arch Road, BP20-08543
interest shall continue to accrue on the unpaid principal balance in accordance with the Note. For the avoidance of doubt, both the first and second annual installments totaling $18,892.20, together with interest, shall be due on July 15, 2023.

3. Amendment to the Payment Schedule. The payment schedule in the Agreement and Note is hereby amended as follows:
a. The City, through the City Manager, shall have the authority to defer both the first and second installments, together with interest, to become due no later than December 31, 2023. Such a deferral is at City’s sole discretion and must be in writing.

4. No Further Amendments. Except as expressly modified by this First Amendment, all other provisions of the Agreement and the Note shall remain in full force and effect. In the event of any conflict between this First Amendment and the Agreement or the Note, the provisions of this First Amendment shall prevail.

5. California Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California.

6. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original.

AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the terms of this First Amendment by signing below:

GILL HOSPITALITY,
A California limited liability company
________________________________
Jivtesh Gill, General Partner

SETHI HOLIDAYS,
A California limited partnership
________________________________
Gaurav Sethi, General Partner

CITY OF STOCKTON,
A California municipal corporation
_________________________________
Harry Black, City Manager
ATTEST:
_________________________________
Eliza R. Garza, City Clerk
APPROVED AS TO FORM:
_________________________________
Lori M. Asuncion, City Attorney
419
EXHIBIT 2
Deferred Payment Agreement Amendment
Gill Hospitality LLC & Sethi Holdings LP
1 Contract No. 422000017 NP
3651 Arch Road, BP21-00268
AMENDMENT 1
TO

DEFERRED PAYMENT AGREEMENT
Qualified Non-Residential Project
AND

PROMISSORY NOTE
Deferred Public Facility Fees
Qualified Non-Residential Project
FOR

HAMPTON INN BY HILTON HOTEL
(Permit #BP21-00268)
420
EXHIBIT 2
Deferred Payment Agreement Amendment
Gill Hospitality LLC & Sethi Holdings LP
2 Contract No. 422000017 NP
3651 Arch Road, BP21-00268
AMENDMENT 1 TO DEFERRED PAYMENT AGREEMENT
AND

RECITALS
A. The Parties entered into that Deferred Payment Agreement for Qualified Non-Residential Project Ten-Year Program (the “Agreement”), dated June 14, 2021, contract number 422000017 NP, for the property located at 3651 Arch Road, Stockton, CA 95212 regarding Building Permit Number BP21-00268, pursuant to the City’s Public Facilities Fee Program.

B. Of even date therewith, the Parties entered into that Promissory Note for Deferred Public Facilities Fees (the “Note”), pursuant to which the Borrower promised to pay the City Five Hundred Fifty-Seven Thousand Five Hundred Eighty-Seven Dollars and Eighty Cents ($557,587.80). That Note being secured by a deed of trust recorded in the office of the County Recorder of the County of San Joaquin. Under the terms of the Note, the Borrower was to begin annual repayments as of July 15, 2022.

D. Due to the current economic situation, Borrower has requested to delay the first payment until the following year in order to allow time for project completion and revenue accumulation.

E. City has agreed to Borrower’s request to defer the first payment until the following year.

F. The Parties now desire to enter into this First Amendment to revise the repayment schedule of the Agreement and the Note.

WITH REFERENCE TO THE FACTS DESCRIBED ABOVE, the Parties agree as follows:

2. Amendment to the Note. The Note is hereby amended as follows:
a. The Note is amended to allow for the first payment, which became due on July 15, 2022, in the amount of $61,995.78, to be deferred until July 15, 2023. During deferral, 421
EXHIBIT 2
Deferred Payment Agreement Amendment
Gill Hospitality LLC & Sethi Holdings LP
3 Contract No. 422000017 NP
3651 Arch Road, BP21-00268
interest shall continue to accrue on the unpaid principal balance in accordance with the Note. For the avoidance of doubt, both the first and second annual installments totaling $123,991.56, together with interest, shall be due on July 15, 2023.

5. California Law. This Amendment shall be governed by and construed in accordance with the laws of the State of California.

6. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed to be an original.

AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to the terms of this First Amendment by signing below:

GILL HOSPITALITY,
A California limited liability company
________________________________
Jivtesh Gill, General Partner

SETHI HOLIDAYS,
A California limited partnership
________________________________
Gaurav Sethi, General Partner

CITY OF STOCKTON,
A California municipal corporation
_________________________________
Harry Black, City Manager
ATTEST:
_________________________________
Eliza R. Garza, City Clerk
APPROVED AS TO FORM:
_________________________________
Lori M. Asuncion, City Attorney
422
City of Stockton
Legislation Text
File #: 22-1034, Version: 1
APPROVE BY MOTION REALLOCATION OF $800,000 IN AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE BUSINESS ATTRACTION AND EXPANSION INCENTIVES CATEGORY TO THE BUSINESS FAÇADE & OUTDOOR DINING CATEGORY AND TO ENTER

INTO AN AGREEMENT WITH THE DOWNTOWN STOCKTON ALLIANCE TO ADMINISTER THE ARPA BUSINESS FAÇADE IMPROVEMENT PROGRAM

RECOMMENDATION
It is recommended that the City Council approve by motion the authorization to:

1. Reallocate $800,000 in American Rescue Plan Act (ARPA) funds from the Business Attraction and Expansion Incentives category to the Business Façade & Outdoor Dining category;

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

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

Summary
The City is committed to making Stockton the best city in America to live, raise a family, and grow a business. The COVID-19 public health emergency negatively impacted commercial businesses, causing many local businesses to close or relocate. The ARPA Business Façade Improvement Program would assist with economic recovery by removing blight, creating a more welcoming appearance of neglected commercial properties, and catalyzing broader economic recovery in areas that visibly need improvements. Creating inviting and aesthetically pleasing storefronts on commercial corridors encourages further private investment for commercial property owners, entices local businesses to occupy improved commercial spaces, and attracts patrons to shop locally.

DISCUSSION
Background
On September 14, 2021, the City Council approved by motion 2021-09-14-1501 the distribution of funds between specific “categories of need” for the Federal allocation of more than $78 million that City of Stockton Page 1 of 3 Printed on 11/30/2022
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File #: 22-1034, Version: 1
the City of Stockton received in Coronavirus State and Local Fiscal Recovery Funds through the American Rescue Plan Act.

The approved American Rescue Plan for Stockton identified several categories of need, including:
· COVID Mitigation and Prevention
· Community Well-Being
· Essential Support to Households
· Small Business Support & Economic Recovery
· Homelessness & Housing
· City Government Recovery
· Digital Divide & Internet Connectivity
The Small Business Support & Economic Recovery category aims to provide general financial relief, support Stockton restaurants, and their outdoor dining needs, provide funds for façade improvements, and also support efforts of the Economic Development Strategic Action Plan.

The Business Façade Improvement Program, created under the Small Business Support & Economic Recovery category, seeks to focus on businesses and commercial corridors that were harmed by the pandemic. The Program’s goal is to enhance commercial storefronts to generate economic recovery by removing blight, creating a more welcoming and aesthetic appearance of neglected commercial properties, and catalyzing broader economic recovery by targeting areas visibly in need of improvements.

As part of the September 14, 2021, Council meeting, it was also specified that the City would first utilize local partners with demonstrated success in order to deploy the programs and recovery efforts in a more efficient and rapid manner.

Present Situation
In April 2022, the City issued a Request for Proposal (RFP) for administrative oversight for the launch, implementation, and management of the City’s ARPA--funded Business Façade Improvement Program. There was one submittal; however, the proposal was found non-responsive for the specified scope of work in the RFP. The City identified the Downtown Stockton Alliance (DSA) as a potential partner to administer the program.

The program administrator will be tasked with working with City staff in developing the guidelines for the Program, working collaboratively with the permitting departments to ensure streamlined processes and procedures, assisting in curating a list of qualified licensed contractors for eligible façade projects, launching and administering the program in its entirety, and reporting to the City on Program activities.

The DSA is a nonprofit organization that began operating in 1998, serving almost 1,000 property owners and downtown businesses. The DSA is a local, established community partner that has collaborated with the City on many efforts, including managing the Downtown Stockton Management District, facilitating a portion of the ARPA Uplift Downtown Program, and providing emergency homeless services by purchasing mobile showers and wash stations with COVID response funds.

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File #: 22-1034, Version: 1
The DSA has provided various supportive services to local businesses, commercial property owners, and for all event activity in the greater downtown Stockton area. The DSA’s extensive involvement with the local community would assist in deploying the ARPA Business Façade Improvement Program in an efficient manner by understanding the current activity in the local economy and throughout the various commercial corridors.

In order to maximize the impact of the Program, staff are recommending a reallocation of $800,000 from the Business Attraction and Expansion Incentives category to the Business Façade & Outdoor Dining Programs category, under which the Business Façade Improvement Program is being established.

Upon reallocation, a total of $2,150,000 will be available for the program. Of this amount, 5% ($107,500) will be retained for City staff’s administration of the contract and assisting with certain functions of the program’s implementation. The remaining balance of $2,042,500 is being recommended for contracting with DSA, with $204,250 allocated for DSA’s administration of the program.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process, which includes SMC section 3.68.070(A)(3):
that this is a negotiated contract following solicitation of competitive proposals.

FINANCIAL SUMMARY
There is no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action. This contract will be funded with ARPA funds. $800,000 will be reallocated from Project #EARP207 Business Attraction to #EARP204 Business Façade. Sufficient funds are available in the Special Fund, General Admin Division, COVID-19 Program, to support this effort.

Attachment A - Draft Scope of Work
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ATTACHMENT A
1 (Rev. 10.30.18)

STATEMENT OF WORK

1. Project Objectives

1.1 On September 14, 2021, the City Council approved the distribution of funds in response to the Federal allocation of $78,052,072 in Coronavirus State and Local Fiscal Recovery Funds through the American Rescue Plan.

1.2 The approved American Rescue Plan allocated $8.87 million over three fiscal years for Small Business Support & Economic Recovery to provide general financial relief, support Stockton restaurants and their outdoor dining needs, provide funds for façade improvements, and also support the Economic Development Strategic Action Plan as it will have a heavy focus on pandemic recovery planning and strategies.

1.3 Within the Small Business Support & Economic Recovery category, Business Façade Improvement Program was identified to focus on businesses harmed by the pandemic by providing businesses the ability to upgrade storefronts, or address COVID mitigation needs.

1.4 The goal of the program is to generate economic recovery be removing blight, creating a more welcoming and aesthetic appearance of neglected commercial properties, and catalyze broader economic recovery by targeting areas visibly in need of improvements.

1.5 The Downtown Stockton Alliance manages the Downtown Stockton District and focuses on five critical areas as determined by the Downtown Management District Plan: Maintenance, Safety, Public Policies, Economic Development, and Marketing. It is the Downtown Stockton Alliance’s mission to promote business, housing, arts, and entertainment to help create a vibrant, sustainable, urban community in Downtown Stockton.

1.6 City will subaward ARPA funds to the Downtown Stockton Alliance (Contractor) for the management, and implementation of a Business Façade Improvement Program. The Program is intended to provide support to the local economy through increased patronage to supported businesses, increased sales at supported businesses, increased sales tax revenue from supported businesses, new job creation at supported businesses, or job retention at supported businesses.

2. Project Scope

2.1 Contractor shall provide the following services to local Stockton businesses with a total contract amount of Two Million Forty-Two 426

ATTACHMENT A
2 (Rev. 10.30.18)
Thousand Five Hundred Dollars ($2,042,500). In providing these services, Contractor shall be compensated a total amount of $204,250 and undertake its “best efforts” in attaining the goals and results stated herein which have been mutually agreed upon by Contractor and City for the benefit of the local business community.

2.2 Contractor will act as the program administrator and fiscal agent for the ARPA Business Façade Improvement Program, with available funding totaling $1,838,250, that provides a façade grant of up to $25,000 per eligible commercial property to support economic recovery in the aftermath of the COVID-19 pandemic.

3. Specifications

3.1 Contractor must comply with ARPA regulations and reporting requirements regarding use of funds and required documentation in relation to the COVID-19 pandemic recovery efforts.

3.2 Contractor shall utilize ARPA funds to advance the shared interest and promotion of equitable delivery of services for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.

3.3 Contractor shall require its contractor(s) and subcontractor(s) to adhere to the prevailing wage requirements under section 1720 et seq. of the California Labor Code, including the following: contracts between the contractor and subcontractors must include provisions requiring the payment of prevailing wage; the contractor shall monitor subcontractors’ payment of prevailing wage by periodically reviewing certified payroll records and diligently taking corrective action if the subcontractors fail to pay prevailing wage; contractor and subcontractors shall maintain certified payroll records and time records. The contractor to whom a contract is awarded, and any subcontractor under such contractor, shall not pay less than the specified prevailing wage; contractor and subcontractors are subject to penalties for violations of prevailing wage provisions.

4. Major Deliverables

4.1 Contractor shall oversee and manage the Business Façade Improvement Program, with initial focus on the Downtown Core and Greater Downtown areas.

4.2 Contractor shall manage the marketing of the program and conduct outreach to all eligible commercial properties within Stockton city limits. 427

ATTACHMENT A
3 (Rev. 10.30.18)

4.3 Provide records and data associated with the applications, completed projects, including but not limited to, bids, agreements, and post-work photographs.

5. Tasks That Support the Deliverables

5.1 City will assist Contractor in gathering a list of qualified contractors for eligible façade activities, including paint, signage, awnings, lighting, and window repair/replacement.

5.2 City and Contractor will develop program guidelines, application forms, reviewal processes, approval/denial notices, and agreement templates.

5.3 Contractor will issue grant disbursements and 1099 forms to approved applicants.

5.4 Contractor will provide a list of approved applicants and all data collected associated with the grant program.

6. Criteria of Acceptance for Deliverables

6.1 Contractor shall provide a monthly report of activities performed under the term of this Agreement to demonstrate the COVID recovery efforts, including, but not limited to, the number of businesses served, types of services provided, monthly accomplishments/highlights, and corresponding business impact forms for the businesses served, to be provided by City.

6.2 Contractor shall provide required documentation of services at the end of the term of this Agreement for services provided through December 31, 2023.

6.3 Contractor shall provide documentation of services provided under the terms of this Agreement including invoices and receipts, if applicable.

7. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Downtown Stockton Alliance
Attn: Mike Huber
110 N San Joaquin St.,
4 th Floor
Stockton, CA 95202
City: City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
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4 (Rev. 10.30.18)

8. Key Personnel
Michael Huber, Downtown Stockton Alliance, Executive Director Courtney Wood, Downtown Stockton Alliance, Economic Development Director Carrie Wright, City of Stockton, Director of Economic Development Jordan Peterson, City of Stockton, Program Manager III
Angelina Abella, City of Stockton, Economic Development Analyst

9. Option to Renew
The term of the Agreement may be extended in 1-year increments by a written amendment executed by both parties. However, the total term of the Agreement, including the extended term, shall not exceed 3 years.
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City of Stockton
Legislation Text
File #: 22-1095, Version: 1

APPROVE A MOTION TO END THE PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY ENDING THE COVID-19 STATE OF EMERGENCY EFFECTIVE FEBRUARY 28, 2023

RECOMMENDATION
Approve a motion to end the Proclamation of the Existence of a Local Emergency, dated March 12, 2020, ending the COVID-19 State of Emergency in the City of Stockton, effective February 28, 2023.

Summary
The California Emergency Services Act, Government Code section 8550, et seq., authorized the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist.

Stockton Municipal Code section 2.82.060 empowers the City Manager, acting as Director of Emergency Services, to proclaim the existence or threatened existence of a local emergency when the City is exposed to the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City and the City Council is not in session.

On March 12, 2020, the City Manager, acting as Director of Emergency Services, proclaimed the existence of a local emergency due to COVID-19 (Attachment A). On March 17, 2020, during a Special Emergency Meeting, Council ratified the City Manager’s proclamation with Resolution 2020- 03-17-0301 (Attachment B).

On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. The City Manager, acting as Director of Emergency Services, requests that Council approve a motion to end the City’s Proclamation of the Existence of a Local Emergency due to COVID-19, also effective February 28, 2023.

DISCUSSION
Background
The purpose of proclaiming a local emergency is to provide for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations, and affected private persons.

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Resolution 2020-03-17-0301 specifically resolved to ratify the March 12, 2020, Proclamation of Existence of a Local Emergency; suspend the monetary limit on City Manager contracting authority set out in the Stockton Municipal Code section 3.68.040 in order to allow the City Manager the flexibility to effectively and efficiently continue and enhance City operations during the pendency of this local emergency; the City Manager was authorized to follow recommendations from state, federal, and local authorities, such as the San Joaquin County Department of Public Health, the Offices of Governor Newsom, […], in real-time and to enact and implement such temporary regulations as are necessary to provide for the efficacious implementation of those recommendations; and, the City Council directed the City Manager to provide support, as needed, for the enforcement by city and county officials of the price gouging restrictions provided in Penal Code section 396.

Present Situation
On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. The City Manager, acting as Director of Emergency Services, requests that Council approve a motion to end the City’s Proclamation of the Existence of a Local Emergency due to COVID-19, also effective February 28, 2023, whereby City operations will return to non-emergency status, without exception.

FINANCIAL SUMMARY
There is no direct fiscal impact to the City related to this action.

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City of Stockton
Legislation Text
File #: 22-1145, Version: 1

ADOPT A RESOLUTION TO APPROVE SUBGRANTEES FOR THE CALIFORNIANSFORALL

YOUTH WORKFORCE PROGRAM

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

2. Authorize the City Manager to use the CaliforniansForAll Youth Workforce Program grant funds to create a City Summer Jobs Youth Pilot Program.

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

Summary
City Council accepted a $4,355,097CaliforniansForAll Youth Workforce Grant in December 2021. The intent of this grant is to fund programs administered by subgrantees resulting in increased youth employment in key areas of public service, climate, food insecurity, and COVID-19 relief. Following execution of the grant agreement, Staff issued a request for proposals to identify subgrantees. At this time, Staff are recommending awards to four (4) subgrantees totaling $2,592,405. The remaining funds ($1,762,692) will be used to develop a City Summer Jobs Youth Pilot Program and to cover the administrative costs of overseeing the external and internal programs.

DISCUSSION
Background
City Council approved a resolution authorizing the acceptance of the CaliforniansForAll Youth Workforce Grant on December 14, 2021. The grant addresses several of Council’s Priority Goals, such as COVID response and recovery, prioritizing economic development, working with education partners to develop the workforce and expand youth programming, and engaging the business community in workforce development and job placement.

The California Volunteers’ CaliforniansForAll Youth Workforce Development Program is a Governor’s initiative that is partnering with California cities to bolster youth workforce engagement and interest in critical career pathways. California Volunteers’ mission is to promote service and volunteerism to tackle state and local issues. The main objectives of the program are to “increase youth employment, City of Stockton Page 1 of 3 Printed on 11/30/2022
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develop career pathways, and strengthen city/community capacity to address key areas of food insecurity, climate, and COVID-19 recovery.” To achieve these goals, the CaliforniansForAll Youth Workforce Development Program is appropriating its $150 million budget to the 13 largest cities in California, proportionately based on population. The City of Stockton, previously the 13th largest city in California, was issued $4,355,097 to create, develop, and facilitate a robust workforce program to address the focus areas of climate, food insecurity, and local COVID-19 recovery.

The City released a Request for Proposals (RFP) in September 2022 which asked respondents to offer programs that are within the focus area(s) of the grant and are aligned with the City’s priorities.

Additionally, the City hired a grant-funded FTE staff position who will be overseeing the programs moving forward.

Present Situation
The City has identified four (4) subgrantees who are well-positioned to receive this significant, onetime investment:

Program Budget Youth Placements
Rising Sun $235,000 18
San Joaquin A+ $925,000 70
Parents by Choice $654,888 70
SJCOE - Greater Valley
Conservation Corps
$777,517 60
TOTAL: $2,592,405 218
Rising Sun Center for Opportunity
Rising Sun will operate its Climate Careers program throughout the City of Stockton, hiring lowincome youth to deliver Green House Calls. Participants will benefit from an earn-and-learn experience focused on residential energy and water efficiency services, while also benefiting from professional development workshops, paid work experience, environmental justice and education workshops, and career exposure opportunities.

San Joaquin A+
Preparing students to succeed in a rapidly changing economy will require moving beyond the traditional educational construct of study-then-work to a study-and-work career-connected learning approach that combines classroom instruction with relevant, real-world experience. In partnership with educational providers and local employers, San Joaquin A+ will provide career-connected learning opportunities aligned with local workforce needs, paid internships and apprenticeships to support local COVID-19 recovery, and support services for fifty young people annually in Stockton.

The focus of San Joaquin A+ will be on the agriculture and education sectors; industries that will represent the vast majority of forecasted jobs in San Joaquin County by 2028 and that were significantly impacted by the COVID-19 pandemic and associated economic fallout.

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Parents by Choice
Parents by Choice (“PbC”) will create a Youth Workforce Development program to provide jobs to 70 youth, using agency-owned small businesses created in Downtown Stockton. Opportunities include office, retail, customer service, maintenance, and food service. Drawing on 17 years of service to youth in Stockton, PbC will provide wrap-around employment support services to help program youth transition successfully into the adult workforce.

Greater Valley Conservation Corps (GVCC)
GVCC employs local youth between the ages of 18 and 26 for an earn while you learn experience to receive paid training, college and career readiness, and a variety of workforce development opportunities. With this funding, GVCC will increase wages and provide additional resources such as food, transportation, clothing, mental health assistance, and postsecondary educational services.

GVCC is excited to expand its scope of services to the growing workforce and continue the goal of hiring local youth.

FINANCIAL SUMMARY
The City and its subgrantees will pay for project-related expenses in full and then submit documentation for reimbursement through the CaliforniansForAll Youth Workforce Grant. There will be no impact to the General Fund, all related costs will be supported by the grant funding. No matching funds are required for this grant.

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION TO AUTHORIZE ACCEPTANCE OF $4.3M CALIFORNIANSFORALL

YOUTH DEVELOPMENT PROGRAM GRANT
The City of Stockton (“City”) is interested in promoting workforce development programs, particularly those that endeavor to empower high-need youth; and The State of California has made $150M in Coronavirus State and Local Fiscal Recovery Funds available to California Volunteers for the purpose of creating the CaliforniansForAll Youth Workforce Development Program; and Funding for the CaliforniansForAll Youth Workforce Development Program was proportionately awarded to the 13 largest cities in California based on population, resulting in a $4,355,097 grant for Stockton; and
The City accepted a $4.3M CaliforniansForAll Youth Workforce Grant from the State in December 2021; and
The City has identified four (4) local organizations through a competitive solicitation process who are capable of using these grant funds to administer youth workforce programs that will positively impact over 200 youth in Stockton; 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 agreements with Rising Sun Center for Opportunity, San Joaquin A+, Parents by Choice, and the San Joaquin County Office of Education Greater Valley Conservation Corps totaling $2,592,405 to implement youth workforce programs with the CaliforniansForAll Youth Workforce Program grant funds.

2. The City Manager is hereby authorized to use the CaliforniansForAll Youth Workforce Program grant funds to create a City Summer Jobs Pilot Program. //
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3. The City Manager is authorized to take all appropriate and necessary steps to carry out the purpose and intent of this resolution.

PASSED, APPROVED, and ADOPTED December 6, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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Legislation Text
File #: 22-1035, Version: 1

RECOMMENDATION FROM THE MEASURE A ADVISORY COMMITTEE TO THE COUNCIL FOR

FUNDING OF AN INDEPENDENT AUDITOR ON THE USES OF MEASURE A PROCEEDS

RECOMMENDATION
It is recommended that the City Council consider a recommendation from the Measure A Citizens’ Advisory Committee (Committee) regarding an additional audit of the financial statements of Measure A funds.

Summary
The Measure A Ordinance includes a requirement that the City ensure an annual audit is performed of the tax revenues and its expenditures by an independent accounting firm. The audit completed annually resulting in the Annual Consolidated Financial Report (ACFR - previously referred to as the ”CAFR”) fulfills this requirement.

On October 3, 2022, the Committee took the following action: “Approve Motion 2022-10-03-0405 recommending City Council immediately to adopt a Resolution that the City arrange for an independent auditor who is not affiliated with anyone on the Measure A committee to conduct an audit of the financial statements of Measure A funds, with the financial statements prepared under GAAP (Generally Accepted Accounting Principles), and the audit be conducted under GAAS (Generally Accepted Auditing Standards), and GAS (Government Auditing Standards).

1. That the independent auditor be one other than the current City Auditor or CAFR auditor.

2. That the Measure A committee serve along the Council Audit Committee as the committee charged with governance.”
The October 3, 2022, Committee meeting minutes are included as Attachment A. The task, as outlined in the Committee motion, is not feasible for the reasons outlined in this staff report. When this same issue was raised by the Committee in 2015, the Council approved an additional Agreed Upon Procedures report for the Measure A funds, which has been produced annually for fiscal years 2014-15 through 2020-21. The FY 2021-22 report is being prepared with the annual audit activities. A Supplemental Display on the uses of Measure A proceeds was also added to the ACFR.

DISCUSSION
Background
On November 5, 2013, the citizens of Stockton approved Measure A, a ¾-cent general sales tax measure, effective April 1, 2014. The residents of Stockton also approved Measure B, an advisory measure recommending that 65% of the total sales tax revenue over time be used for law City of Stockton Page 1 of 4 Printed on 11/30/2022
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enforcement and crime prevention services for implementation of the Marshall Plan and 35% be used for the City’s costs to exit bankruptcy and to support other City Services.

Measure A’s enacting ordinance (Attachment B - 2013-07-09-1601, Section 20. Audit and Review) states: “The proceeds of the tax imposed by this Ordinance, as well as the expenditure thereof, shall be audited annually by an independent accounting firm. The City Council shall discuss the results of such audit at a meeting of the City Council that is open to the public. The report of such audit shall be posted on the City’s website.” The ACFR fulfills the legal requirement for an audit. The annual audit is performed in accordance with auditing standards generally accepted and Government Auditing Standards for audits of public agencies. The independent auditors look at internal controls and reviews samples of financial activities to issue an opinion on whether the financial reports are presented fairly. With Measure A being only one of many revenues in the General Fund, the ACFR financial statements report on the General Fund as a whole. To improve reporting of Measure A in the ACFR, a Supplemental Display on the uses of Measure A proceeds was also added.

The Ordinance also established a seven-member Citizens’ Advisory Committee (the Committee) appointed by City Council. As part of the implementation of Measure A, the City Council approved a Charter (Attachment C) governing the Committee’s responsibilities, and the Committee, in turn, adopted By-Laws establishing their objectives and duties.

At its May 19, 2015, meeting, the Committee approved a motion to recommend to Council that the City engage a separate independent auditor to audit the uses of Measure A proceeds. In response to the Committee’s request, on October 6, 2015, the City Council approved and authorized additional auditing procedures to be conducted by an additional independent accounting firm and engaged the services of Eadie and Payne, LLP. Specifically, Eadie and Payne, LLP was contracted to complete the ‘Independent Accountant’s Report on Applying Agreed Upon Procedures of Measures A and B Revenues and Expenditures (“Measure A Agreed Upon Procedures Report”). These auditing services for review of the expenditures of Measure A funds in conjunction with the parameters of Measure B served as an additional review beyond the minimal legal requirements of Ordinance No. 2013-07-09- 1601. The following reports were prepared under this contract and are available on the City’s website.
· 2018-19 - Measure A - Independent Report
<http://www.stocktongov.com/files/FY19_Stockton_Measure_A_AUP_Final.pdf> · 2017-18 - Measure A - Independent Report
<http://www.stocktongov.com/files/MeasureA_AgreedUponProcedures_17_18.pdf> · -2016-17 - Measure A Independent Report
<http://www.stocktongov.com/files/MeasureA_AgreedUponProcedures_16_17.pdf> · 2015-16 - Measure A - Independent Report
<http://www.stocktongov.com/files/MeasureA_IndependentReport_June30_2016.pdf> · 2014-15 - Measure A - Independent Report
<http://www.stocktongov.com/files/MeasureA_IndependentReport_June30_2015.pdf> At the end of the five-year contract term, the next Measure A Agreed Upon Procedures Report was added to the contract with the independent audit firm that prepares the other City audit reports at a significant savings. It was then included in the scope with the rest of the City’s audits when a new City of Stockton Page 2 of 4 Printed on 11/30/2022
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request for proposals was issued in late 2020. The FY 2019-20 and FY 2020-21 Measure A Agreed Upon Procedures Reports were prepared by The Pun Group. · 2020-21 - Measure A - Independent Report
· 2019-20 - Measure A - Independent Report
<http://www.stocktongov.

Present Situation
At its October 3, 2022 meeting, the Committee re-approved the 2015 motion to recommend to Council that the City engage a separate independent auditor to audit the uses of Measure A proceeds. The Committee members conveyed that they believe that the ACFR does not illustrate the level of detail necessary to fully understand how the Measure A sales tax revenues are used. The Committee members noted that while tax revenues are higher than expected, the number of police officers has been declining. At the October 3, 2022, meeting, Financial staff and the City Attorney’s Office articulated how the ACFR, including the review by independent auditors, The Pun Group, fulfills the legal requirements for an audit under Measure A, and no further audit was required.

Section 2.2.1 of the Measure A Committee Charter, as approved by Council on October 8, 2013, specifically references the ACFR as meeting the audit requirements.

The Committee expressed interest in seeing detail on how all Measure A revenues are expended.

Since Measure A was passed by voters as a General Tax, not a Special Tax, it is tracked and reported in the City’s General Fund with other general tax revenues like Sales and Property taxes.

The General Fund functions like a joint checking account with all the revenue sources going into the account and available for multiple purposes. The adoption of the Annual Budget determines and controls how the funds can be spent, but it does not tie the various expenses to a specific funding source. To track funding from a specific funding source, the City uses Special Funds. To put the Measure A revenues in a Special Fund could jeopardize its standing as a General Tax. To comply with the advisory Measure B approved by voters at the same time, Marshall Plan related public safety expenses are tracked within the Police Department and Office of Violence Prevention budgets. The remaining 35% expended for general purposes are not tied to Measure A or tracked separately. The Committee also noted that the Measures M and W audit reports are more extensive than the Measure A Agreed Upon Procedures Report. Since Measures M and W were approved by voters as special taxes, they are in separate Special Funds, and thus a full fund balance presentation is included in the audit report.

The General Fund, including Measure A revenues, is audited by the City’s independent auditors as part of ACFR, which covers all City funds. The City’s independent audit firm has concurred that a GAAP financial audit cannot be completed on part of a fund. To audit Measure A funds within the General Fund would mean a duplication of the current annual audit activities. The annual audit takes approximately five months between preliminary audit work, selecting and providing samples for review by the auditors, internal controls testing, preparation of the financial reports, and finalizing the ACFR. The City pays the audit firm $204,000 per year for the ACFR and dedicates at least 8 FTEs to the effort during the five-month period. Another audit of the General Fund by a different audit firm would be a similar endeavor from a resource standpoint. The City does not have the staffing resources to support a second audit on a large fund with over $200 million in expenditures. A second City of Stockton Page 3 of 4 Printed on 11/30/2022
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audit of the General Fund will not produce any new information that is not currently in the ACFR or the Measure A Agreed Upon Procedures Report. An additional audit is unlikely to accomplish the Committee’s objectives.

While audited information is not available, staff supporting the Committee have tried to provide additional information about how Measure A funds have contributed to expending services to the community. On an annual basis, the Committee is provided with General Fund Budget highlights and Long-Range Financial Plan updates. The Committee receives quarterly reports on the Advisory Measure B (Marshall Plan related) Police and Office of Violence Prevention expenditures. In response to Committee requests to see how all Measure A sales tax revenues are expended, additional information on General Fund expenditure enhancements was provided at the Committee meetings of October 3, 2022, and September 9, 2020.

If the information provided by staff and the current Agreed Upon Procedures report are not addressing the Committee’s concerns, staff recommends working with the Committee to modify the report scope to include additional information. This could be completed for the fiscal year ending June 30, 2023. If necessary, a separate audit firm can be selected through a competitive process for this report. A separate firm will be more expensive than utilizing the City’s current independent audit firm as some duplication of effort will be needed. When contracting with Eadie and Payne, LLC, in 2015, the report cost $30,000 per year. The cost is currently $5,150 with The Pun Group.

FINANCIAL SUMMARY
The City Auditor budget includes $5,150 for the Measure A Agreed Upon Procedures report. Any additional audit services would exceed the authorized budget and add workload to already strained staffing resources.

Attachment A - October 3, 2022 Minutes - Measure A Citizens’ Advisory Committee Attachment B - Measure A Ordinance 2013-07-09-1601
Attachment C - Resolution 2013-10-08-1505 and Citizens’ Oversight Committee Charter Attachment D - October 6, 2015, Council Agenda Item 15.1 Staff Report City of Stockton Page 4 of 4 Printed on 11/30/2022
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MINUTES

MEASURE A CITIZENS' ADVISORY COMMITTEE
MEETING OF OCTOBER 3, 2022
Council Chamber, City Hall 425 N. El Dorado St. Stockton, CA NOTE: Due to technical difficulties and audio not being captured, our minutes have been expanded to include discussions among members and staff

1. CALL TO ORDER/ROLL CALL - 3:30 PM
Roll Call

Present:

Ernesto Gonzalez
Andrea Kosier
Anthony Mannor
Joni Anderson

Absent:

Blair Hake, and Eric Smith.

2. CITIZENS COMMENTS/ANNOUNCEMENTS
Frank Gayaldo - crime in the community; taxes; gap audit Ned Leiba - Memorandum of Understanding, independent audit (document filed) Document Filed - Ned Leiba

3. ADOPTION OF COMMITTEE MINUTES

3.1 22-0619 APPROVAL OF COMMITTEE MINUTES
Legislation Text
Attachment A - 2022-04-25 Minutes
Attachment B - 2022-06-06 Minutes
Approve Motion 2022-10-03-0301 approving the minutes from the Measure A Citizens' Advisory Committee meetings of April 25, 2022 and Jun 6, 2022.

Moved by: Joni Anderson, seconded by Anthony Mannor.

Vote: Motion carried 4-0
Yes: Ernesto Gonzalez, Andrea Kosier, Anthony Mannor, and Joni Anderson.

Absent: Blair Hake, and Eric Smith.

4. ITEMS FOR DISCUSSION

4.5 22-0946 REVISIT RECOMMENDATIONS FOR AUDIT OF FINANCIAL Attachment A 451

STATEMENTS OF MEASURE A FUNDS
Legislation Text
Attachment A - 2015-05-19 Measure A Meeting Minutes
Ryan Meyerhof, Deputy City Attorney presented with aid of a PowerPoint Chair Gonzales - transparency, auditors working with committee, records, cost Member Anderson - section 20 of the ordinance
Ryan Meyerhof, Deputy City Attorney - Council desires
Vice Chair Mannor - lack of communication, finances spent, cost of audit Kimberly Trammel, Chief Financial Officer - independent auditors selection The following person spoke to the item: Ned Leiba - Measure M, separation of reports for committees
Approve Motion 2022-10-03-0405 recommending City Council immediately to adopt a Resolution that the City arrange for a independent auditor who is not affiliated with anyone on the Measure A committee to conduct an audit of the financial statements of Measure A funds, with the financial statements prepared under GAAP (Generally Accepted Accounting Principles), and the audit be conducted under GAAS (Generally Accepted Auditing Standards), and GAS (Government Auditing Standards).

1.That the independent auditor be one other than the current City Auditor or CAFR auditor

2.That the Measure A committee serve along the Council Audit Committee as the committee charged with governance
Moved by: Ernesto Gonzalez, seconded by Joni Anderson.

Vote: Motion carried 4-0
Yes: Ernesto Gonzalez, Andrea Kosier, Anthony Mannor, and Joni Anderson.

Absent: Blair Hake, and Eric Smith.

4.1 22-0867 FISCAL YEAR 2021-22 FOURTH QUARTER UPDATE ON

IMPLEMENTATION OF THE MARSHALL PLAN
Informational item only. No action taken.

Legislation Text
Measure A Police Dept. Program Update 10-3-2022
Measure A Office of Violence Prevention Update 10.03.22 Chief McFadden presented with aid of a PowerPoint
Member Anderson - thanked the Police Chief for his optimism, support for the department
Attachment A 452
Vice Chair Mannor - family relationship to Stockton Police Department, community outreach
Member Kosier - appreciates outreach with schools
Chair Gonzales - retention rate, new contract, staffing number Vice Chair Mannor - technology that would make PD more efficient Lora Larson, Director of the Office of Violence Prevention presented with aid of a PowerPoint
Member Anderson - client amount, appreciate the breakdown, youth competent The following person spoke to the item: Ned Leiba - Increase retention for the Police Department

4.2 22-0869 REVIEW FISCAL YEAR 2021-22 SECOND AND THIRD QUARTER

MEASURES A AND B REVENUES AND EXPENDITURES
Informational item only. No action taken.

Legislation Text
Attachment A - Measures A and B FY 2021-22 2nd Quarter Report.pdf Attachment B - Measures A and B FY 2021-22 3rd Quarter Report.pdf Attachment C - Measure A State Quarterly Revenue Report Imelda Arroyo, Budget Officer presented with aid of a PowerPoint Vice Chair Mannor - police budget
Kimberly Trammel, Chief Financial Officer - baseline budget

4.3 22-0870 FISCAL YEAR 2018-19, FISCAL YEAR 2019-20 AND FISCAL YEAR 2020-21 ANNUAL REPORTS UPDATE
Informational item only. No action taken.

Legislation Text
Member Anderson - combining reports

4.4 22-0920 ADVISORY MEASURE B 35% PROCEEDS DISCUSSION
Informational item only. No action taken.

Legislation Text
Attachment A - Community Project Monthly Update FY 2021-22 Attachment B - General Fund Service Enhancements
Attachment A 453
Update Attachment C - Measure A Mission Critical Projects Kimberly Trammel, Chief Financial Officer presented with aid of a PowerPoint The following person spoke to the item: Ned Leiba - expenditures of Measure A, Measure M Audit costs

4.6 22-0947 FISCAL YEAR 2022-23 MEASURE A COMMITTEE MEETING

CALENDAR
Legislation Text
Approve Motion 2022-10-03-0406 adopting an annual meeting calendar for the fiscal year beginning July 1, 2022.

Moved by: Joni Anderson, seconded by Andrea Kosier.

Vote: Motion carried 4-0
Yes: Ernesto Gonzalez, Andrea Kosier, Anthony Mannor, and Joni Anderson.

Absent: Blair Hake, and Eric Smith.

5. DISCUSSION OF ITEMS FOR THE NEXT AGENDA
Chair Gonzalez - discussion with Ned Leiba on the next agenda

6. BOARD/COMMISSION COMMUNICATIONS, COMMENTS
None

7. ADJOURNMENT - 5:13 PM
ELIZA R. GARZA, CMC

STOCKTON CITY CLERK
Attachment A 454
Attachment B 455
Attachment B 456
Attachment B 457
Attachment B 458
Attachment B 459
Attachment B 460
Attachment B 461
Attachment B 462
Attachment B 463
Attachment C 464
Attachment C 465
Attachment C 466
Attachment C 467
Attachment C 468

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!M Attachment D 471
Measure A
Advisory
Committee
Recommendation
on Financial Audits
Agenda Item 15.3
December 6, 2022
472
2 Approve Motion 2022-10-03-0405 recommending City
Council immediately adopt a Resolution that the City
arrange for an independent auditor who is not affiliated with anyone on the Measure A committee to conduct an audit of the financial statements of Measure A funds, with the
financial statements prepared under GAAP (Generally
Accepted Accounting Principles), and the audit be
conducted under GAAS (Generally Accepted Auditing
Standards), and GAS (Government Auditing Standards).

1. That the independent auditor be one other than the
current City Auditor or CAFR auditor.

2. That the Measure A committee serve along the Council Audit Committee as the committee charged with
governance.
10/3/22 Committee Motion
473
3 ▪ The Committee approved the same motion in 2015
▪ After review by the Council Audit Committee and
the City Council, two actions were taken
▪ The City contracted with a new audit firm to prepare an Agreed Upon Procedures Report
▪ A Supplemental Schedule was added to the Annual Consolidated Financial Report (ACFR, CAFR)
▪ Agreed Upon Procedure Reports (AUP) were
prepared for FY 2015 through FY 2021
▪ Presented to Committee and on the City’s website
Background
474
4 ▪ On November 5, 2013, the citizens of Stockton approved Measure A, a ¾-cent general sales tax measure.
▪ The tax went into effect on April 1, 2014.
▪ Measure A was passed as a General (not Special) Tax.
▪ The residents of Stockton also approved Measure B:
▪ An advisory measure recommending that 65% of the total sales tax revenue over time be used for law enforcement and crime prevention services for implementation of the Marshall Plan and
▪ Measure A’s enacting ordinance (2013-07-09-1601, Section 20) states:
“The proceeds of the tax imposed by this Ordinance, as well as the expenditure thereof, shall be audited annually by an independent accounting firm. The City Council shall discuss the results of such audit at a meeting of the City Council that is open to the public.

The report of such audit shall be posted on the City’s website.” Measure A
Legal Requirements
475
5 ▪ Section 2.2.1 of the Measure A Committee Charter as approved by Council on October 8, 2013 (prior to Measure A election), specifically references the ACFR as meeting the audit requirements.
▪ The City hires an independent financial auditor through a Request for Proposal process.
▪ The audit firm reviews internal controls, the City’s financial statement, and tests for accuracy by reviewing a sampling of entries.
▪ The ACFR is the result of this annual audit and fulfills the legal requirements for an audit under Measure A.

The Audit and the ACFR
476
6 ▪ In addition to ACFR and AUP, the Committee is
provided with:
▪ Quarterly Financial Reports on Measure B expenditures ▪ Police and Office of Violence Prevention (OVP) Department Program Updates
▪ A general overview of other City service and Bankruptcy expenditures
▪ Provided in September 2020 and October 2022
▪ Annual Budget information on General Fund and LongRange Financial Plan Measure A Reporting
477
7 ▪ Ordinance Section 3.E. – “to be used for the general governmental purposes of the City, with… revenue
received being placed into the City’s general fund”
▪ Measure A revenues and expenditures are recorded in
the General Fund
▪ Advisory Measure B expenditures are tracked within
the Police and OVP budgets to measure the 65%
▪ The General Fund operates like a joint checking
account
▪ The Annual Budget controls how funds can be spent
▪ Revenue sources are not tied to specific expenditures ▪ Putting Measure A into a separate fund might jeopardize the designation as a General tax
Auditing Measure A
478
8 ▪ A financial audit as defined in the motion must be done on an entire fund
▪ It cannot be on just Measure A revenues and expenditures ▪ This would be a duplication of the audit already
completed on the General Fund
▪ There would be an additional cost and additional staffing resources would be required
▪ No new information would come out of a second audit of the General Fund
▪ It is unlikely that the Committee’s objectives would be achieved by a second General Fund audit
A Second General Fund Audit
479
9 Staff Recommendation
▪ Continue to work with Committee
members to identify what additional
information would address the concerns
of the Committee
▪ As appropriate, incorporate this
information into the scope of the Agreed
Upon Procedures Report for fiscal year
ending June 30, 2023
▪ If the information cannot be added,
provide the Committee with unaudited
information
480
City of Stockton
Legislation Text
File #: 22-0963, Version: 1

ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2023 DEVELOPMENT FEE SCHEDULE

RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the San Joaquin Multi-Species Habitat Conservation and Open Space Plan 2023 development fee schedule.

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.

Summary
On November 14, 2000, the San Joaquin Council of Governments, Inc. (SJCOG, Inc) established the San Joaquin Multi-Species Habitat Conservation and Open Space Plan (“Plan”). The Plan provides a strategy for balancing the needs to accommodate new development while encouraging the preservation of open space and agricultural areas as well as protected species habitat in San Joaquin County. Participation in the Plan is voluntary and available to the development community as an option to simply pay a fee to mitigate habitat impacts because of their development projects.

Developers can fulfill mitigation obligations more efficiently with Plan participation and avoid negotiating mitigation measures with various federal and state environmental protection agencies for their individual projects. SJCOG Inc. collects the fees which are used to purchase permanent habitat preservation areas. Developers who do not participate in the Plan, must provide their own project level analysis during the entitlement or construction permit process for proposals that could negatively impact natural resources in the region. Fees are updated on a yearly basis and require adoption by City Council to be effective. On February 20, 2001, the City of Stockton adopted the Plan, while the City Council adopted the last fee update on November 16, 2021.

In August 2022, the SJCOG, Inc. Board approved the 2023 Plan fee schedule (Attachment A - SJCOG Staff Report). SJCOG, Inc. proposes an approximate 1.6% overall decrease in the Open Space and Agricultural and Natural habitat classifications for the 2023 Plan, which are the two most common areas impacted by development projects. As shown in Attachment A, the 2022 Fee for the Open Space and Agricultural and Natural habitat classification was $19,561 and is now proposed to be $19,255. The decrease is primarily due to a in the land acquisition component (Category A).

The City Council is requested to approve the proposed fee schedule. Habitat Fee pay zones for Stockton are mostly located on the outer areas of the City where development may or may not be initiated. See Attachment B - Habitat Fee Areas.

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DISCUSSION
Background
The city became a participant in the Plan through a Joint Powers Agreement (JPA) in 2001. As a participant in the JPA, council approval of annual fee adjustments is required. This requirement similarly applies to all of the participating cities in San Joaquin County and the County agency. Plan fee rates are determined from a financial model that SJCOG Inc. maintains and requires an update at 5-year increments to address land sales market conditions and inflation changes. Fees are also analyzed and adjusted annually based on market conditions. In the past, delayed fee updates have resulted in lack of funding for the purchase and preservation of areas and resulted in significant fee increases for the development community. To accommodate changing market conditions and to provide clarify in fees, SJCOG has become more proactive in the Plan’s fee assessment. This year requires the 5-year financial model update to determine new fee rates for year 2023. The financial model consists of three main categories:
· Category A - Acquisition
· Category B - Enhancement
· Category C - Land Management/Administration
Over the last six months, SJCOG, Inc., the Habitat Technical Advisory Committee (HTAC) and Financial Subcommittee engaged in a review of land sales market data and analysis. The HTAC consists of planning staff from local county and city agencies (including Stockton), building industry associations, and state and federal environmental protection agencies. The HTAC Committee recommended approval of the financial model update and new calculated fee rates to the SJCOG Inc. Board. The Habitat Fee must be adopted by each local jurisdiction to take effect in that community.

The collected fees are used to purchase and preserve land throughout San Joaquin County.

Additional costs cover restoration of land, monitoring, reporting, and biological reviews of land subject to the overall Plan.

While there are no preserve areas located within the City of Stockton, the Hansen Preserve, and the Wing Levee Road Preserve are closest to Stockton. The Hansen Preserve is a 304-acre field crop preserve located east of N. Tully Road and to the north of Frazier Road northeast of the City of Stockton. Enhancements will support species such as the Swainson’s Hawk, Burrowing Owl, Tricolored Blackbird, and the Yellow Warbler. The Wing Levee Road Preserve is a 355-acre Preserve located on the eastern border of Union Island along Middle River, southwest of the City of Stockton and north of the City of Tracy. The property serves as a habitat for the Swainson’s Hawk, Burrowing Owl, and Valley Elderberry Longhorned Beetle. These lands are protected through land covenants (i.e., easements, restrictions) that prevent development and can also include possible improvements to restore or encourage new habitat. A map of the regional preserve areas is included on Attachment C - Regional Preserve Areas.

On February 20, 2001, the Stockton City Council adopted three Resolutions as follows:

1. Resolution No. 01-0099 -- Certifying the Final Environmental Impact Report/Environmental City of Stockton Page 2 of 6 Printed on 11/30/2022
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File #: 22-0963, Version: 1
Impact Statement (Final EIR/EIS), adopting the related California Environmental Quality Act (CEQA) Findings and Mitigation Reporting/Monitoring Program, and adopting the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan;

2. Resolution No. 01-0100 -- Adopting the Implementation Agreement of the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan authorizing the filing of the related Federal Endangered Species Act Section 10(a)(1)(B) Incidental Take Permit application with the U.S. Fish and Wildlife Service; and

3. Resolution No. 01-0101 -- Approving amendments to the Joint Powers Agreement with the SJCOG, Inc. authorizing SJCOG, Inc. to assume responsibilities specified in the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan.

Applicants that participate in the Plan benefit from a pre-determined streamlined process. By participating in the Plan, the applicant may choose from a menu of options to mitigate impacts:

1. Pay the Plan Fee;

2. Redesign the project to avoid/minimize impacts;

3. Provide land in lieu of the Plan Fee; or

4. Any combination of the above options.

Alternatively, a project can choose not to participate in the Plan and fulfill mitigation requirements on its own with the respective permitting agencies. Based on City Staff’s experience, this option is very rarely chosen by developers.

From the beginning, the City collects Plan fees at the time of building permit issuance, like other development impacts fees in the City’s Public Facilities Fee Program. Plan fees for individual projects (e.g., house on a single parcel) are adjusted to ensure that the per-acre fee as established by SJCOG, Inc. is collected for the entire (gross) project area. For example, a house built on a parcel within a large subdivision relies on additional land to support the residential use (e.g., road in front of the house). The adjusted development fee includes this supporting land so that all the acreage is accounted for within a given project area, and the appropriate Plan fee is paid.

On December 15, 2009, the City Council adopted Resolution Number 09-409, which authorized an amendment to the Public Facility Fee Program’s Administrative Guidelines to establish SJCOG, Inc. as the entity responsible for the collection of the Development Fee. This change was to ensure the accurate calculation and collection of Plan fees due and a result of the significant volume of City projects participating in the Plan.

Each year, SJCOG, Inc. uses comparable agricultural land sales within San Joaquin County that meet certain criteria adopted by the Board. Easement acquisition costs are a primary consideration, as are comparable land sale costs. As shown in Table 1 below, Plan fees can be quite different from year to year. The rise and fall of Plan fees is primarily a result of the land acquisition category component of the fee calculation model.

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Table 1 - Plan Fees 2017-2022 (Rate per acre)
TYPE/ YEAR 2017 2018 2019 2020 2021 2022 2023
Open Space $8,905 $9,701 $6,700 $6,412 $8,682 $9,781 $9,629 AG/Natural $17,808 $19,400 $13,399 $12,822 $17,363 $19,561 $19,255 Vernal Pool
(grasslands)
$66,437 $72,523 $54,576 $52,833 $71,544 $80,453 $75,320 Vernal Pool
(wetted)
$109,737 $116,871 $101,033 $100,788 $161,286 $174,040 $176,878 Present Situation
In August 2022, the SJCOG, Inc. Board approved the proposed 2023 Development Fee increase based on 2020 San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) 5-year Financial Model Update. The fee model uses three main categories: Category A - Acquisition; Category B - Enhancement; and Category C - Land Management/Administration to calculate fee rates.

I. Category A (Acquisition) - Comparables:

This category addresses land valuation and is based on comparable land sales in San Joaquin County. The land sale must have occurred in specific zones of the SJMSCP area (Central Zone, Central Southwest Transition Zone and Delta Zone) over an established 2-year period to be included in the analysis. Each year, all qualified comparable land sales in each zone, including SJCOG, Inc. easements, are evaluated to establish a weighted cost per acre using the methodology in previous Financial Analysis Updates, but without SJCOG, Inc. easement appraisals.

The fee model update results in a 6.5% decrease in the Agricultural/Natural Habitat types of Category A (Acquisition) component to be $12,716. The reason for the decrease is the small dip in overall comparable fee title land sale values from prior year jumps.

II. Category B (Assessment & Enhancement) - Refined Cost Factors/Redistribution of Habitat/ Consumer Price Index
The total cost for Category B is a function of the SJMSCP Annual Report updated annually with the acres remaining to be acquired and the number of years remaining in the permit term. The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 8.3%). But the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These factors all feed into the fee model. The fee model update results in a 9.8% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to be $5,769.

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III. Category C (Management & Administration) - Refined Cost Factors/Long Term Investment/Consumer Price Index
Annual cost updates will continue to use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12-month fiscal year (e.g. July - June) to keep up with inflation annually. The fee model update results in an 8.3% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to be $769.97.

Plan Mitigation Fee Formula = Proposed 2023 Plan Fees
The formula for fee calculation is categorized into three distinct components (discussed above) to calculate a supported fee per acre [FEE = Category A (acquisition) + Category B (assessment & enhancement) + Category C (management & administration)].

For comparison purposes, the 2022 SJMSCP Fees and calculations are shown in Table 2, and the proposed 2023 Plan Fees and calculations are shown in Table 3. Compared to 2022, the proposed 2023 Plan Fees reflect an overall decrease of 1.6% in the Open Space and Agricultural and Natural habitat classifications. Staff analysis of the financial model results concluded that the differences in fees are due primarily to land sale prices increasing in Category A land acquisition costs. It should be noted that the Vernal Pool area for Stockton is very small and located on peripheral properties that may never be developed.

Table 2 - 2022 SJMSCP Development Fees
Habitat Type Category A Category B Category C Total Fee Rounded Fee
Open Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781.00 AG/Natural $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561.00 Vernal Pool
(grasslands)
$65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453.00
Vernal Pool
(wetted)
$64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040.00 Table 3 - Proposed 2023 SJMSCP Development Fees
Habitat Type Category A Category B Category C Total Fee Rounded Fee
Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 AG/Natural $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool
(grasslands)
$58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320
Vernal Pool
(wetted)
$57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878
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File #: 22-0963, Version: 1
Although the City adopted several public facility fee reduction programs and a fee deferral program for specified fees within the City’s control, fees such as this Countywide Habitat Conservation Plan (HCP) Fee are subject to a regional agreement that was promulgated by the Federal and State Endangered Species Act. The administration of this fee is detailed in the Countywide HCP, where SJCOG Inc. is the designated Administrator. Methodologies and fee analyses are overseen by SJCOG HTAC and Financial subcommittees. As a result, these “development fees” are not subject to reduction and deferral programs.

PUBLIC NOTICE
A Public Notice of this hearing was published in the Record on November 23, 2022.

FINANCIAL SUMMARY
There is no direct financial impact to the City of Stockton, as this Development Fee is collected directly by SJCOG, Inc.

Attachment A - SJMSCP Staff Report - August 2022
Attachment B - Habitat Fee Areas
Attachment C - Regional Preserve Areas
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SJCOG, Inc.

STAFF REPORT
SUBJECT: 2023 SJMSCP Development Fee Annual
Adjustment
RECOMMENDED ACTION: Motion to Approve the 2023 SJMSCP
Development Fees as Adjusted Pursuant to the
Financial Analysis Model
SUMMARY:

Using the adopted five-year financial analysis model to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) the SJCOG Inc. staff, HTAC Financial Subcommittee members (Table 1) and consultants undertook the annual analysis in summer 2022. The goal of the annual analysis is to establish the next year’s habitat plan fees paid by the development project. The fees are for impacts under the countywide SJMSCP permits as defined in the three fee model categories (Category A – Acquisition; Category B - Assessment and Enhancement; and Category C - Land Management and Administration).

Table 1 – HTAC Financial Subcommittee Members:

John Beckman, BIA Matt Diaz, Stockton Zachery Kearns, CDFW Dan Gifford, Conservation Alisa Goulart, SJ County
The proposed 2023 SJMSCP development fees were adjusted using the recommended 2020 SJMSCP Five-Year Financial Model Update for the respective categories and are compared to the 2022 SJMSCP Development fees (Table 2) in the most common habitat categories under the plan. The change is an overall decrease of 1.6% in the most impacted categories of Agricultural and Natural habitat classifications from the prior year. The decrease is due primarily to a dip in the land acquisition component (Category A) for agricultural land price values of comparable sales even though there was an unusually robust rise in the reported Consumer Price Index (CPI) for Categories B and C.

Table 2- Compared 2023 & 2022 SJMSCP Development Fees – Most Common Fee Habitat Types 2023 Fee -
Proposed
2022 Fee -
Adopted Difference
Percent
Change
Agricultural/Natural $19,255 $19,561 $306 1.6%
2023 SJMSCP
Fees
Cat C
Cat A Cat B

1.6%
ATTACHMENT A 487
Table 3 illustrates the history of the SJMSCP development fees over the years since the funding shortfall was noted by the permitting agencies in 2006. The fees can fluctuate primarily based on the Category A – acquisition component of the fee formula over time.

Table 3- History and Annual Percentage Change for SJMSCP Development Fees Projects participating under the SJMSCP benefit from a predetermined, streamlined processing of the project rather than navigating through a potentially very long, cumbersome, and expensive regulatory process outside the habitat plan. By voluntarily opting for participation, the project proponent can choose any number of ways to provide mitigation for the impacts of the project through the plan and even control much of the mitigation costs if desired. The options are:

1. Pay the applicable fee.

2. Redesign the project to avoid/minimize impacts.

3. Provide land in lieu of the SJMSCP fee, which the project proponent will negotiate directly with the seller on the easement/fee title costs (Category A component).

4. Any combination of the above options.

And if those options are not sufficient, the project proponent can choose to not participate in the plan (opt out) and fulfill mitigation requirements on their own with state and federal permitting agencies independently.

RECOMMENDATION:

The HTAC Financial Subcommittee and the HTAC make the recommendation to SJCOG, Inc.

Board to Approve the 2023 SJMSCP Development Fees as Adjusted Pursuant to the Financial Analysis Model.

FISCAL IMPACT:

Development fees provide funding for SJCOG Inc. to mitigate project impacts covered under the SJMSCP permits for the subsequent calendar year beginning January 1.

BACKGROUND:
2007
Financial
Update#
Agriculture/Natural
$69,858 $71,125 $78,353 $77,720 $81,989 $78,311 $80,972 $85,631 $90,273 $109,737 $116,871 $101,033 $100,788 $161,286 $174,040 (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) (wetted) $34,958 $35,143 $40,565 $38,328 $41,534 $37,087 $39,047 $42,784 $46,869 $66,437 $72,523 $54,576 $52,833 $71,544 $80,453 (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) (upland) -5.3% 14.4% 3.6% -9.3% 8.4% -11.6% 4.6% 9.4% 7.2% 14.2% 8.9% -30.9% -4.3% 35.4% 12.7% Fee Category 2008 2009 2010 2011
$7,195 $6,364 $6,656 $7,281
2012 2013 2014 2015
$6,511 $6,165 $7,052 $7,307 $6,631
$19,400
$7,807 $8,905 $9,701
2016 2017 2018 2019
$14,104 $14,615 $13,262 $14,372 $17,808
Percentage of
Change Yearly
2020
$6,412
$12,822
Multi-Purpose
Open Space
Vernal Pools
$80,760
(wetted)
$42,071
(upland)
$12,711 $13,295 $14,543 $15,596 $13,399
$6,700
$13,022 $12,329
2022
$9,781
$19,561
2021
$8,682
$17,363
ATTACHMENT A 488
Annually, the SJMSCP development fees are reviewed and calculated using a formula method adopted under the habitat. The three components of the formula are adjusted using a specific mechanism, which relates to the individual component in the fee based on the most current data.

The development fees established must be adopted by each of the jurisdictions and would become effective on January 1 of the subsequent year for projects using the SJMSCP.

Category A (Acquisition) – Comparable Land Sales
This category is directly related to land valuation based on comparable land sales in San Joaquin County in specific zones of the plan area (Central Zone, Central Southwest Transition Zone and Delta Zone) over an established two-year period meeting the established criteria used for comparable land sales (Attachment 1). Cost estimates for this category will continue to be evaluated on a yearly basis by taking all qualified fee title comparable sales in each zone to set a weighted cost per acre. Also, during the third year of the five-year cycle, the HTAC Financial Subcommittee reviewed the percentage of easement value to fee title value percentage used in the fee model for this category which was part of the 2020 model update. The percentage rose slightly from 56% to 58% which was incorporated into going forward until next 5-Year Review process.

Category B (Assessment and Enhancement) – Refined Cost Factors with Consumer Price Index and Model Data Update
The Category B component of the fee is adjusted using several factors including the California Consumer Price Index (CPI), as reported by the California Department of Finance for the Cat A Cat B Cat C Fee
ATTACHMENT A 489
preceding 12-month fiscal year (June 2021 – June 2022) and from the updated model numbers based on the SJMSCP Annual Report.

The unit cost factors (per acre or per year for some items) are adjusted only by the CPI (the California CPI calculation was an increase of 8.3%). But the total cost for Category B is also a function of the SJMSCP Annual Report data updated annually (acres remaining to be acquired and the number of years remaining in the permit term; the fee per acre is a function of those total calculated costs and the land conversion acres remaining). These factors all feed into the fee model.

The fee model update results in a 9.8% increase in the Agricultural/Natural Habitat types of Category B (Assessment and Enhancement) component to be $5,769.

Category C (Management, Monitoring and Administration) – Refined Cost Factors/Long Term Investment with Consumer Price Index
Annual cost updates use the California Consumer Price Index (CPI), as reported by the California Department of Finance, for the preceding 12-month fiscal year (June 2021 – June 2022) to keep up with inflation on an annual basis.

The fee model update results in an 8.3% increase in the Agricultural/Natural Habitat types of Category C (Management, Monitoring and Administration) component from prior years to be $769.97.

In summary, the SJMSCP fees is calculated using the SJMSCP Financial Analysis formula model shown in the final proposed fee table 4 below and Attachment 2 (SJMSCP Cost and Fee Analysis 2023 Update). The overall result in the fee analysis is a 1.6% decrease in the most impacted Agricultural and Natural Habitat Classifications fees for 2023.

Table 4 - 2023 SJMSCP Development Fees - Proposed
Habitat Type Category A Category B Category C Total Fee Rounded Fee Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 COMMITTEE ACTIONS:
• HTAC FINANICAL SUBCOMMITTEE: Recommended Approval to HTAC • HTAC: Recommended Approval
• Management and Finance: Information
• Executive Committee: Information
• SJCOG Inc. Board: August 25, 2022
Prepared by: Steven Mayo, Program Manager
ATTACHMENT A 490
Attachment 1 – 2023 Fee Study Property List - Props 24 Month ATTACHMENT A 491
Attachment 2 – SJMSCP Cost and Fee Analysis 2023 Update ATTACHMENT A 492
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table of Contents List of worksheet tabs and contents
Notes to User Model overview and instructions for annual updates Fee Summary Comparison Table showing calculated fee amounts by habitat type and category; comparison to adopted fees; linked from other sheets; includes California CPI factor for Category C annual update
A1 PerAcreCostFactorsbyZone Per acre easement cost factors by zone based on input from comparables and appraisal analysis A2 PerAcreAcquisitionCost Weighted acquisition cost factors by habitat type based on distribution of preserves by zone; adds transaction costs A3 AcquisitionCostHabitatType Total acquisition cost by habitat type, for preserves remaining to be acquired A4 AcquisitionFEE Category A fee by habitat type, based on remaining land conversion B1 PreserveEnhancementCost Weighted enhancement cost factors by habitat type based on estimate of acres enhanced and detailed per acre enhancement cost factors B2 AssessmentEnhancementCost All assessment and enhancement cost factors by habitat type, for preserves remaining to be acquired B3 AssessEnhancementCostAllocation Total assessment and enhancement cost by habitat type, remainder of permit term, for preserves remaining to be acquired B4 AssessmentEnhancementFEE Category B fee by habitat type, based on remaining land conversion C MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion; links to summary comparison for annual update For 5-Year Update Only => Workbook break: the following tabs for Category C are only used in the 5-year economic analysis update C1 MonitoringCost Monitoring cost factors by habitat type, including post-permit annual cost; costs for remainder of permit term, all preserve acres C2 PMAdminCost Project management and administrative cost factors, including post-permit annual cost; costs for remainder of permit term, all preserve acr C3 Permit Term Cost Adjustments Category C fund balance deducted from Category C costs remainder of permit term to calculate net cost for cost allocation and fee C4 Endowment Endowment cash flow, return assumptions, and total in year 51 to support post-permit annual cost C5 MonitoringAdminCostAlloc Total monitoring, management, and administrative cost by habitat type, remainder of permit term and endowment for post permit cost C6 MonitoringAdminFEE Category C fee by habitat type, based on remaining land conversion Source for update acres => Workbook break: the following tabs are updated annually and every 5 years for acres inputs 1 SJMSCP Acres 6_4_2015 Land conversion and preserve acres by habitat type for the 50-year permit term (source table)

2.1 RemainingPreservetoAcquire Preserve Acres, Total and Remaining to be Acquired (from Table 1 and Annual Report updates)

2.2 Preserves_Habitat_Zone_2019 Detail on preserve acquisition by habitat type and zone for use in monitoring cost estimates (not used in annual updates) 3 Cumulative Take_Remaining Allowed and Remaining Incidental Take Acreage (from Table 1 and Annual Report updates) 4 PreserveAcquisitionSchedule Preserve Acquisition Schedule, All Habitat Types, by Index Zone, Remaining Permit Term (from Table 2.1 and 2.2) Fund Balance Analysis => Workbook break: the following tabs are updated every 5 years for Category C cost analysis 5 FundBalanceAllocation Allocation of Fund Balance to Category B and Category C (permit term) and post-permit endowment B1 ExistingPreserveEnhanceCost Estimate of enhancement costs on existing preserves with updated cost factors, to allocate fund balance to Category B DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - TABLE OF CONTENTS - 8/11/2022 ATTACHMENT A 493
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 This workbook of linked worksheets calculates SJMSCP Impact Fees for Categories A, B, and C.

The workbook contains all of the elements needed for annual updates as well as the framework for the more complex 5- year economic analysis updates.

Action items for annual updates indicated in red italics.

Category A and Category B are fees for one-time costs for land acquisition, enhancement, restoration and associated site assessments and planning.

These fees will be updated annually by updating the per-acre cost factors and updating the acres remaining to be acquired and the remaining acres of land conversion based on data from SJMSCP Annual Reports. - Category A per-acre cost factors updated by annual comparables analysis, as established in past practice, and evaluation of easement cost percent of fee title based on SJMSCP appraisals - Category B per-acre and annual cost factors updated by applying California CPI to unit cost factors - The total costs in Category A and Category B for each annual update will reflect the acres remaining to be acquired and the fees for each annual update will reflect the remaining acres of land conversion from SJMSCP Annual Reports.

Category C is a fee for on-going annual costs for the remainder of the permit term and post-permit in perpetuity. practice.
- Incorporating Annual Report data in the annual updates of on-going permit term and post-permit costs adds unnecessary complexity to the annual update of this component of the SJMSCP fees. the endowment cash flow analysis required to estimate post-permit costs, are more complex work efforts not justified to generally keep Category C fees in line with annual cost inflation. Moreover, because management and administration costs are not sensitive to habitat type, it is not as important to account for the annual variation in preserve acquisition and land conversion captured in the annual updates to Categories A and B.

Components of the workbook:

1. The Fee Summary Comparison worksheet compares calculated updated fees to fees currently in effect and includes the California CPI for Category C updates.

2. Category A tabs A1 - A4 calculate the fees for Category A Acquisition.

3. Category B tabs B1 - B4 calculate the fees for Category B Assessment and Enhancement.

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

4. Category C Fee tab shows the fees by habitat type calculated in the 2020 Economic Analysis Update, the basis for the

UPDATE ONLY
the SJMSCP Annual Report; Table 4 showing the preserve monitoring schedule by habitat type and zone is used only in the 5-year update.

7. Tables 5 and B1 ExistingPreserveEnhanceCost provide the fund balance analysis completed every five years as part of the Category C update.

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Fee Summary Comparison
Calculates new annual fees and compares to prior year adopted fees.

1. Paste values of prior year adopted fees in cells C11:E14.

2. Insert updated annual California CPI factor in cell F1.

3. Updated fees for Category A show in cells C5:C8 and updated fees for Category B show in cells D5:D8. The fees are link

4. Formulas in cells E5:E8 calculate Category C fee update amounts based on prior year adopted fee amounts in cells E11:E14 and the California CPI.

Category A Acquisition
A.1 Category A Per-Acre Acquisition Cost Factors by Zone Delta.

2. Update SJCOG, Inc. appraisal list each year and calculate weighted average percent by dividing cumulative total easement value (cost) by cumulative total before value (fee title value).

3. Value of Southwest Zone easement cost remains unchanged until experience indicates it should be updated.

A.2 Per-Acre Acquisition Cost Factors by Preserve/Habitat Type No annual input needed. Links and formulas calculate total cost factors per acre for each habitat type.

1. Easement cost factor input linked from A.1.

2. Distribution by preserve type is not changed from 1996 Economic Analysis.

3. Transaction cost and VP acquisition assumptions not changed.

A.3 Total Acquisition Costs by Habitat Type, Remainder of Permit Term No annual input needed. Links and formulas calculate total cost for each habitat type.

1. Land acquisition cost factors linked from A.2.

2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report).

A.4 Fee Calculations
No annual input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from A.3.

2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report).

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category B Assessment and Enhancement
B.1 SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost factors per preserve acre refined, and update of costs for enhancements and restoration. 2020 Analysis included further cost updates based on actual SJCOG, Inc. experience and other relevant cost updates. Table calculates weighted average cost per preserve acre for agricultural lands, non-vernal pool natural lands, and vernal pool preserves. Update enhancement cost analysis every five years.
formula. Formula references updated annual California CPI factor in cell E1. Formulas calculate updated weighted average cost per preserve acre.

3. Insert updated annual California CPI factor in cell E1.

B.2 Category B Assessment, Planning, Restoration and Enhancement Cost Factors

1. Update remaining years in permit term.
enhancement plans in the formula. Formula references updated annual California CPI factor in cell C1. Formulas calculate updated annual costs.

3. Insert updated annual California CPI factor in cell C1.

4. Enhancement and restoration cost factors linked from B.1.

B.3 Category B Assessment, Planning, Restoration, and Enhancement Cost Allocation by Habitat Type No annual input needed. Links and formulas calculate total cost for each habitat type. factors in B.2.

2. Preserve acres remaining to be acquired linked from Table 2.1 (updated annually based on SJMSCP Annual Report).

B.4 Fee Calculations
No annual input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from B.3.

2. Land conversion remaining linked from Table 3 (updated annually based on SJMSCP Annual Report).

Category C Monitoring, Management, and Administration
C.5 Fee Calculations - Annual Update Only
No input needed. Cost and land conversion values frozen based on 2020 Economic Analysis.

1. For 2020 update, Category C fee amounts by habitat type linked to Fee Summary Comparison table.

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020

2. Update annually by applying California CPI factor to prior year Category C fee amounts, as in past practice.

Note: this is done in the Fee Summary Comparison worksheet.

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category C Monitoring, Management, and Administration - INSTRUCTIONS FOR FIVE-YEAR UPDATE C.1 Category C (part) Compliance and Effectivement Monitoring Cost Assumptions

1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule.

2. Update monitoring cost factors (annual costs and annual costs per acre).

3. Total costs by type of monitoring for the remainder of the permit term calculated by worksheet formula. With links to Table 4 Preserve Monitoring Schedule.

4. Post permit cost updates by worksheet formula based on updates to detail in rows above. Acres input linked from Table 4 Preserve Monitoring Schedule.

C.2 Category C (part) Project Management and Administrative Cost Assumptions

1. Remaining years in permit term linked from Table 4 Preserve Monitoring Schedule.

2. Update annual management and administrative staff cost and cost allocation, Habitat Plan Environmental Consulting, and Land Manager Coordination costs from analysis of Cumulative Schedule of Receipts and Disbursements in SJMSCP Annual Report, supplemented as needed by cost code detail provided by SJCOG, Inc. staff.

3. Update Financial Plan fFive-Year Review and Update cost based on contracts.

4. Post permit cost updates by worksheet formula based on updates to detail in rows above.

C.3 Adjustments for Remaining Fund Balance
No input needed. Links and formulas calculate net Category C cost for remainder of permit term.

1. Costs for the remainder of the permit term by cost category linked from Table C.1 and C.2.

2. Category C fund balance as of prior year end for costs on existing preserves linked from Table 5.

C.4 SJMSCP Endowment Fund Cash Flow
This table uses estimates of annual post permit costs, existing fund balance allocated to post-permit costs (based on cumulative take to date as a share of total take), and interest earnings assumptions to estimate the endowment needed at the end of the permit term to fund annual costs in perpetuity.

This analysis is to be updated at each 5-year economic analysis review. The worksheet solves for fund balance amount in year 51 that generates the annual income to fully fund annual post permit costs. The worksheet calculates the annual fee revenue required over the remainder of the permit term to achieve that fund balance when added to the existing fund balance for management and administrative costs post permit and interest earnings over the remainder of the permit term. That amount is the total cost to be allocated by habitat type remaining to be acquired and links to DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - NOTES TO USER - 8/11/2022 ATTACHMENT A 499
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 C.5 Category C Monitoring and Project Management/Adminstration, including endowment for post-permit costs, Cost Allo No input needed. Links and formulas calculate cost for each habitat type. costs by habitat type.

2. Preserve acres remaining to be acquired linked from Table 2 (updated based on SJMSCP Annual Report).

C.6 Fee Calculations
No input needed. Links and formulas calculate fee for each habitat type.

1. Cost by habitat type linked from C.5.

2. Land conversion remaining linked from Table 3 (updated based on SJMSCP Annual Report).

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Tables 1 - 5 (Source Tables)
Table 1 Land Conversion and Preserve Acres by Habitat Type for the 50-year permit term This table was finalized on June 4, 2015 as part of the Economic Analysis update. This table provides the source data by detailed habitat type for the 50-year permit term totals.

Table 2.1 Preserve Acres, Total and Remaining to be Acquired

1. Total Preserve Acres by habitat type linked from Table 1.

2. Annually, update Total Preserve Acres Acquired through 12/31 from the SJMSCP Annual Report. Note that as of the 2020 update and going forward, grassland acquired to mitigate agricultural land impacts has a new line item in Table

2.1. This amount is deducted from total grassland acquired in cell E11. worksheets.

Table 2.2 Preserves_Habitat_Zone_2019 (new in 2020 update) - ONLY USED ON 5-YEAR UPDATE Monitoring Schedule.
preserve to a habitat type and zone. Note that the habitat type represents the type of habitat acquired regardless of the type of impacts mitigated, i.e, grassland preserves acquired to mitigate agricultural impacts are categorized as grassland preserves in this table.

Table 3 Allowed and Remaining Incidental Take Acreage
1 and Table 4.2-2.

2. Annually, update the Cumulative Acres of Take through 12/31 from the SJMSCP Annual Report.

3. Remaining Acres of Land Conversion calculated by worksheet formula; links to cost and fee calculation worksheets.

UPDATE
This table is used in Table C.1 Monitoring Cost All Acres to calculate monitoring costs for the remainder of the permit term for all preserve acres, assuming future acquisition at an average annual pace calculated by dividing the number of acres remaining to be acquired by the number of years remaining in the permit term.

1. Preserve acres remaining to be acquired by zone linked from Table 2.1 (updated based on SJMSCP Annual Report) and Table 2.2 (updated every 5 years).

Column C.

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3. At five-year update, double check the formula count of years remaining in permit term in cell C42. This is used as the denominator of the cell formulas for the monitoring schedule above.

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 5 Fund Balance Allocation - ONLY USED IN 5-YEAR UPDATE This table is used in Table C.3 Permit Term Cost Adjustments to calculate the net Category C costs for the remainder of the permit term. Category B and Category C fund balance is allocated to permit term and post-permit needs.

1. Every 5 years, update the beginning fund balance from the 12/31 year-end statement.

2. Calculate Category B Fund Balance for Category B Enhancements (remaining enhancement cost for existing preserves) based on Table B.1 ExistingPreserveEnhanceCost (five-year update cost factors applied to existing preserves by type) and subtracting expenditures through the prior year-end on preserve enhancement.

3. Fund Balance for Post-Permit Costs on Existing Preserves is linked from Table C.4 Endowment. This fund balance adjustment is only required for the 2020 five-year update and will not be necessary in subsequent years once the separate post-permit endowment account is established.

4. The table subtracts the Fund Balance for Category B Enhancements and the Fund Balance for Post-Permit Costs on Existing Preserves from the year-end statement balance to generate Remaining Fund Balance for Permit Term Category C Costs on Existing Preserves. This result links to Table C.3 Permit Term Cost Adjustments.

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FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Category A Category B Category C
2023 Fees - Proposed Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 Natural/Ag Lands $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 Vernal Pool Grasslands $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 Vernal Pool Wetted $57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 Category A Category B Category C
2022 Fees - Adopted Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space $6,797.00 $2,628.00 $356.00 $9,781.00 $9,781 Natural/Ag Lands $13,594.00 $5,256.00 $710.96 $19,560.96 $19,561 Vernal Pool Grasslands $65,307.00 $13,390.00 $1,756.01 $80,453.01 $80,453 Vernal Pool Wetted $64,182.00 $108,136.00 $1,721.56 $174,039.56 $174,040 Difference Per Acre ($) Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space ($439) $257 $30 ($152) ($152)
Natural/Ag Lands ($878) $513 $59 ($306) ($306)
Vernal Pool Grasslands ($6,380) $1,101 $146 ($5,133) ($5,133) Vernal Pool Wetted ($6,270) $8,966 $143 $2,839 $2,839
Percent Difference Acquisition Assessment &
Enhancement
Monitoring,
Management &
Administration, &
Post-permit
Endowment
Total Total Rounded
Other Open Space -6.5% 9.8% 8.3% -1.6% -1.6%
Natural/Ag Lands -6.5% 9.8% 8.3% -1.6% -1.6%
Vernal Pool Grasslands -9.8% 8.2% 8.3% -6.4% -6.4%
Vernal Pool Wetted -9.8% 8.3% 8.3% 1.6% 1.6%
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - Fee Summary Comparison - 8/11/2022 ATTACHMENT A 504
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category A Per-Acre Acquisition Cost Factors by Zone (2022 dollars) Central Zone Primary Zone of
the Delta
Southwest
Zone 3
Fee title value1
a $23,038 $18,086 na
Easement percent of fee title value2 b 58% 58% na
Easement costs a × b $13,362 $10,490 $1,000

1. SJCOG, Inc. Fee Study Property List, Table A and Table B

2. SJCOG, Inc. Appraisals as of June 2022

3. Based on standard easement cost in Southwest Zone of $1,000/acre.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A1 PerAcreCostFactorsbyZone - 8/11/2022 ATTACHMENT A 505
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Per Acre Acquisition Cost by Preserve/Habitat Type (2022 dollars) Preserve/Habitat Type
Central Zone Primary Zone of
the Delta
Southwest
Zone
A B C A + B + C = D D × 5% = E D + E
Easement cost by zone 1 d $13,362 $10,490 $1,000
Agricultural Lands
Percent in zone 2
e 98% 2% 0%
Weighted costs 3 d × e $13,121 $189 $0 $13,310 $666 $13,976 Natural Lands
Non-vernal pool natural lands
Percent in zone 2 f 77% 4% 18%
Weighted costs 3 d × f $10,323 $466 $183 $10,972 $549 $11,521 Vernal pool grasslands 4 n/a n/a n/a $18,430 $922 $19,352 Vernal pool wetted 4 n/a n/a n/a $18,430 $922 $19,352

1. See Table A.1.

2. Percent of total lands in each category assumed to be in a given zone. Based on 1996 Economic Analysis.

4. Assumes fee title acquisition for vernal pool lands. Vernal pool habitat fee title land costs assumed to be about 80% of average Central Zone fee title costs.

5. Transaction costs include biological baseline reporting, appraisal, escrow, and survey costs. Costs are estimated at 5 percent of acquisition cost.

SJMSCP Zone

3. Weighted average cost based on generalized proportion of total preserve land in each zone. Assumes easement acquisition for lands categorized as agriculture and all natural lands except vernal pool habitat.

Total
Weighted
Acquisition
Cost
Transaction
Costs 5
Total Land
Acquisition
Costs Per
Acre
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A2 PerAcreAcquisitionCost - 8/11/2022 ATTACHMENT A 506
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Total Acquisition Costs by Habitat Type, Remainder of Permit Term (2022 dollars) Preserves by Habitat Type
Land
Acquisition
Cost Per Acre
Preserve Acres
Remaining to be
Acquired
Total Costs of
Acquisition
Agricultural lands $13,976 38,488.30 $537,912,495
Natural lands
Non-vernal pool natural lands $11,521 24,321.84 $280,211,919 Total for Non-vernal pool Natural /Ag Land $13,025 62,810.14 $818,124,414 Vernal pool grasslands $19,352 15,720.66 $304,226,116
Vernal pool wetted $19,352 2,115.00 $40,929,480
Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A3 AcquisitionCostHabitatType - 8/11/2022 ATTACHMENT A 507
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE A.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category A Acquisition
Fee Calculations (2022 dollars)
Habitat Type Preserve Land Acquisition
Costs associated with non-vernal pool natural/agricultural lands conversio $818,124,414 Natural (non vernal pool)/Agricultural land conversion (acres) , remaining 47,278.09 Multi-purpose open space conversion (acres), remaining1 34,122.94 Multiplier for natural/agricultural land conversion 1
Multiplier for multi-ourpose open space conversion1 0.5 Acquisition Component of Natural (non vernal pool)/Agricultural Lands F $12,716 Acquisition Component of Multi-Purpose Open Space Fee1 $6,358 Costs associated with vernal pool grasslands $304,226,116 Vernal pool grassland conversion (acres), remaining 5,162.74 Acquisition Component of Vernal Pool Grasslands Fee $58,927 Costs associated with vernal pool wetted $40,929,480
Vernal pool wetted conversion (acres), remaining 706.75 Acquisition Component of Vernal Pool Wetted Fee $57,912

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and nonvernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - A4 AcquisitionFEE - 8/11/2022 ATTACHMENT A 508
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.1
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Habitat Type
Total Preserve
Acres (including
neighboring lands
preserves)
Percent of
Preserve
Acres
Enhanced1
Acres Benefiting
from
Enhancements
Hedgerow or
Other Linear
Habitat Feature (
acres)2
Enhancement
Cost per Acre3
Total
Enhancement Cost
Enhancement
Cost per Preserve
Acre
1 2 3 4 5 6 7
Agricultural Habitat Lands4 57,935 10% 5,794 776 $80,276 $62,294,403 $1,075 Natural Lands
Ditches 378 33% 126 $350,502 $44,163,267
Grasslands 14,559 33% 4,853 $22,160 $107,544,159
Oak woodlands 858 33% 286 $32,789 $9,377,628
Riparian 2,725 33% 908 $96,105 $87,295,757
Submerged aquatic in the Delt 10 100% 10 $66,708 $667,085 Subtotal 18,530 6,183 $40,277 $249,047,895
Other natural lands5 6,445 33% 2,148 $40,277 $86,529,040 Subtotal Non VP Natural 24,975 $335,576,935 $13,437
Vernal pool wetted 2,121 33% 707 $117,249 $82,894,922 $39,083 Vernal pool grasslands 15,811 33% 5,270 $14,133 $74,486,412 $4,711 Subtotal All Natural Lands 42,907 14,309 $492,958,268
Total 100,842 20,103 $555,252,671

1. Enhancement criteria derived from the SJMSCP, Section 5.4.6.

5. Estimated based on the weighted average cost for all other non-vernal pool natural lands.

Sources: Table A.1, SJCOG, Inc., ICF, and Hausrath Economics Group

3. The enhancement cost applies to the acres where construction and/or installation actually takes place. In the case of hedgerows or other linear features, this is only the relatively small area of activity, not the total area that is thereby enhanced. Enhancement cost includes costs for materials, construction labor, and equipment. In addition to the installation activity, the cost per enhanced acre also includes a cost for project oversight and contract adminstration and three years of maintenance and monitoring. For vernal pool wetted restoration, the cost includes 5 monitoring years during a 10 year post-restoration monitoring period.

4. For agricultural habitat lands, a SJMSCP describes a broad range of enhancement activities and a generalized target of 10 percent enhancement; providing benefits to species without substantially reducing the amount of agricultural land in production. This can be achieved by implementing the linear features described in footnote 2. Pollinator hedgerows or similar linear features enhance the entire field that they are associated with, thereby counting toward the 10 percent enhancement criteria while taking substantially less land out of production.

2. Unlike most other habitat types, agricultural lands are enhanced by treating linear features that run along the edge of or through fields--features such as roads or drainage ditches. In these cases, the land area of direct enhancement activity is substantially less than that area benefiting from the enhancement. This has the advantage of minimizing impacts to agricultural land production. Installing pollinator hedgerows at the edges of fields and grassland borders along irrigation and drainage ditches, and planting nest trees and associated shrubs and grasses, are enhancements used in the cost analysis to represent the range of types of agricultural land enhancements outlined in the SJMSCP.

In addition to benefits to species, these linear features offer benefits of preventing soil erosion and reducing costs for weed control and linear water conveyance infrastructure maintenance. They also enhance the entire field they are associated with, meeting the 10 percent enhancement criterion while also minimizing loss of productive agricultural land. The enhancement cost estimate for agricultural lands is therefore based on the acres of hedgerow or other linear feature multiplied by the cost per acre to install hedgerows and similar linear features.

SJMSCP Preserve land by habitat type, enhancement analysis, and enhancement cost per preserve acre (2022 dollars) DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B1 PreserveEnhancementCost - 8/11/2022 ATTACHMENT A 509
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.2
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Cost Factors (2022 dollars) Remainder of Permit Term
Remaining years in permit term 29 used in formulae below to calculate costs for the remainder of the permit Biological Site Assessment
Number of site visits per year 8 assumes 6 hours per visit Annual cost $7,538
Total Site Assessment cost remainder of permit term $218,602 Preserve Management Plan Preparation
Number of management plans per year 12 assumes 40 hours per plan Annual cost $75,377
Total Preserve Management Plan cost remainder of permit t $2,185,933 Preserve Enhancement Plan Preparation
Average cost per enhancement plan $4,397 assumes 28 hours per plan for each enhancement project Average acres per project 240
Average cost per preserve acre $18
Preserve Enhancements on Agricultural Lands
Enhancement cost per preserve acre $1,075 from Table B1 Preserve Enhancements on Non-Vernal Pool Natural Lands
Enhancement cost per preserve acre $13,437 from Table B1 Vernal Pool Creation/Enhancement
Enhancement cost per preserve acre $39,083 from Table B1 Vernal Pool Upland Grassland Enhancement
Enhancement cost per preserve acre $4,711 from Table B1 Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B2 AssessmentEnhancementCost - 8/11/2022 ATTACHMENT A 510
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.3
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement (2022 dollars) Cost Allocation by Habitat Type
Remainder of Permit Term

multiplied by preserve
acres remaining to be
acquired
Preserves by Habitat Type
Acres Remaining
to be Acquired1
Percent
of Total
Biological Site
Assessment
Preserve
Management Plans
Preserve Enhancement
Plans
Preserve
Enhancements
Vernal Pool
Restoration
Agricultural lands 38,488.30 48% $104,328 $1,043,239 $692,789 $41,384,409 na Non-vernal pool natural lands 24,321.84 30% 65,928 659,252 437,793 $326,800,741 na Vernal pool grasslands 15,720.66 19% 42,613 426,114 282,972 $74,060,792 na Vernal pool wetted 2,115.00 3% 5,733 57,328 38,070 na $82,660,424 80,645.80 100% $218,602 $2,185,933 $1,451,624 $442,245,942 $82,660,424

1. Includes 600 acres of neighboring lands preserves.

2. SJCOG, Inc. spending through 12/31/19 on site visits and preserve management plans totals at least $400,000; assume all of these types of costs for existing preserves are included in spe Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group.

Costs - Remainder of Permit Term
Cost per acre multiplied by
preserve acres remaining to be
acquired
Total cost allocated by preserve type
percent of total preserve acres remaining
to be acquired2
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B3 AssessEnhancementCostAlloc - 8/11/2022 ATTACHMENT A 511
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE B.4
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category B Assessment, Planning, Restoration and Enhancement Fee Calculations (2022 dollars)
Remainder of Permit Term
Habitat Type
Biological
Site
Assessment
Preserve
Managemen
t Plans
Preserve
Enhancement
Plans
Agricultural and
Non VP Natural
Land
Enhancement
Total for
Agricultural and
Non VP Natural
Land (incl. assessment
and plans)
Vernal Pool
Restoration /
Enhancement
Total for
Vernal Pool
(incl. assessment
and plans)
Costs associated with non-vernal pool natural/agricultural lands conversi $170,256 $1,702,491 $1,130,582 $368,185,150 $371,188,479 Natural (non vernal pool)/Agricultural land conversion (acres), remaining 47,278.09 47,278.09 47,278.09 47,278.09 47,278.09 Multi-purpose open space conversion (acres), remaining1 34,122.94 34,122.94 34,122.94 34,122.94 34,122.94 Multiplier for natural/agricultural land conversion 1 1 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 0.5 0.5 Assessment & Enhancement Component of Natural (non-vernal pool)/Agricultural Lands Fee $3 $26 $18 $5,723 $5,769
Assessment & Enhancement Component of Multi-Purpose Open Space $2 $13 $9 $2,862 $2,885 Costs associated with vernal pool grasslands $42,613 $426,114 $282,972 $74,060,792 $74,812,491 Vernal pool grassland conversion (acres), remaining 5,162.74 5,162.74 5,162.74 5,162.74 5,162.7 Assessment & Enhancement Component of Vernal Pool Grasslands Fee $8 $83 $55 $14,345 $14,491 Costs associated with vernal pool wetted $5,733 $57,328 $38,070 $82,660,424 $82,761,555 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 706.75 706.8 Assessment & Enhancement Component of Vernal Pool Wetted Fee $8 $81 $54 $116,959 $117,102 Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, and Hausrath Economics Group.

1. As described in SJMSCP Section 7.4.1.2, the fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space. In other words, the SJMSCP does not enhance multi-purpose open space lands but allocates some of the costs of enhancements on agricultural and natural lands preserves to the conversion of multi-purpose open space lands to assist with the financing of those enhancements.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - B4 AssessmentEnhancementFEE - 8/11/2022 ATTACHMENT A 512
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE C.5 for Annual Update
2020 Five-Year Economic Analysis and Fee Update
SJMSCP Fee Update - 2022 (for 2023 SJMSCP Development Fee Cycle) Category C Monitoring and Program Management/Administration, including endowment for post-permit costs Fee Calculations (2022 dollars)
Habitat Type
Remainder of
Permit Term Post permit Total
Post Permit
% of Total
Fee
Costs associated with non-vernal pool natural/agricultural lands conversion $38,737,435 $6,809,704 $45,547,139 Non-vernal pool Natural/Agricultural land conversion (acres), remaining 49,654.31 49,654.31 49,654.31 Multi-purpose open space conversion (acres), remaining1 34,494.82 34,494.82 34,494.82 Multiplier for natural/agricultural land conversion 1 1 1 Multiplier for multi-purpose open space conversion1 0.5 0.5 0.5 Monitoring & Administration Component of Natural (non-vernal pool)/Agricultural Lands Fee $579 $102 $681 15%
Monitoring & Administration Component of Multi-Purpose Open Space Fe $290 $51 $341 15% Costs associated with vernal pool grasslands $7,387,258 $1,298,616 $8,685,874 Vernal pool grassland conversion (acres), remaining 5,163.08 5,163.08 5,163.08 Monitoring & Administration Component of Vernal Pool Grasslands Fee $1,431 $252 $1,682 15% Costs associated with vernal pool wetted $990,979 $174,206 $1,165,185 Vernal pool wetted conversion (acres), remaining 706.75 706.75 706.75 Monitoring & Administration Component of Vernal Pool Wetted Fee $1,402 $246 $1,649 15% Note: Net of existing fund balance allocated to Category C permit-term and post-permit costs.

Sources: SJCOG, Inc., SJMSCP 2021 Annual Report, ICF, Urban Economics, and Hausrath Economics Group.

1. The fee calculation allocates the costs associated with agricultural habitat and non-vernal pool natural lands preserves to conversion of both those high value lands (agricultural land and non-vernal pool natural land) and lower value multi-purpose open space, thereby assisting with the financing of management and monitoring on agricultural and natural lands preserves.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - C MonitorAdminFEE - 8/11/2022 ATTACHMENT A 513
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 1
2020 Five-Year Economic Analysis and Fee Update
Land Conversion and Preserve Acres by Habitat Type for the 50-year Permit Term Habitat Type Land Conversion1
Number of Preserve
Acres to Land
Conversion Acres
Total Preserve
Acres for
Compensation
Neighboring Land
Protection
Preserves
Total All
Preserve
Acres
Percent
Total Acres
Agricultural lands2 57,635 1.00 57,635 300 57,935 57%
Natural Lands
Ditches3 126 3.00 378 378 0.37%
Grasslands4 4,853 3.00 14,559 14,559 14.44%
Oak woodlands
5 286 3.00 858 858 0.85%
Riparian6 900 3.00 2,700 25 2,725 2.70%
Submerged aquatic in the Delta Zone 3 3.00 10 10 0.01%
Vernal pool grasslands7
VP - wetted surface area 707 3.00 2,121 2,121 2.10%
VP - upland grassland 5,187 3.00 15,561 15,561 15.43%
VP - Neighboring Land Protection preserves8
na 250 250 0.25%
Other natural lands9 2,140 3.00 6,420 25 6,445 6.39%
Subtotal Natural Lands 14,202 42,607 300 42,907 42.55%
Total 71,837 100,242 600 100,842 100.00%

3. Drainage ditches (unlined) generally found in agricultural fields (D types).

4. Valley grasslands (G types) and Foothill grasslands (G2 types).

7. Vernal pool grasslands (G3 type) .

NOTE: In the following footnotes, "type" refers to the mapped habitat unit identified in the SJMSCP Biological Analysis (Chapter 2). The following footnotes provide summaries only and the reader should refer to the Biological Analysis for a detailed description of each habitat type.

5. Blue Oak woodlands, savanna and forests (BL types), Blue Oak Conifer woodlands, savanna and forests (BCN types), Valley Oak Woodland, savanna and forests (V types), and Mixed Oak Woodlands, savanna and forests (O types).

6. This category includes those portions of rivers and major streams located outside the Primary Zone of the Delta (Mokelumne, Calaveras, Stanislaus, and San Joaquin Rivers). These were originally included in a separate "Riparian Zone" during the SJMSCP planning process (i.e., "Riparian" refers to a zone rather than to the "Riparian" habitat type. The Riparian Zone was "absorbed" or combined into its surrounding zone (i.e., Central/Central-Southwest) in the final SJMSCP. It generally included River and Deep water channel (W), Tributary Streams (W2), Creeks-intermittent and perennial (W3, W3-i, W3-p), Dead-end sloughs (W-4) and their associated riparian habitats (Great Valley Riparian - R, R2, R3, R5, R4, S, S2). This category includes 25 acres of Neighboring Lands Protection Preserves for Valley elderberry longhorn beetle habitat.

9. This category includes all natural land types except for Vernal Pools. Cost estimates in this category are an average of the costs of acquiring, restoring, enhancing the Natural Land categories specified in the preceding categories excluding Vernal Pools. This category also includes natural lands not included in other categories: All Water Features (W types), Channel islands (I types), tule island and mudflat (I2) marsh, and Diablan sage scrub (S3 types) and all other types of Natural Lands.

8. The vernal pool preserves for Neighboring Land Protection consist of existing vernal pools (no creation requirement). Enhancements will benefit the tiger salamander.

2. Neighboring Land Protection Preserves consist of ditched agricultural lands providing habitat for giant garter snake and pond turtle and other lands as needed for compensation to other covered species associated with agricultural land preserves.

1. Land conversion includes results of Tier 1 and Tier 2 analyses. Agricultural land conversion includes 9,720 acres from Tier 2 Analysis and Natural Lands conversion includes 5,000 acres from Tier 2 Analysis of vernal pool conversion to orchards and vineyards and 744 acres of other natural lands conversion.

DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 1 SJMSCP Acres 6_4_2015 - 8/11/2022 ATTACHMENT A 514
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 2.1
2020 Five-Year Economic Analysis and Fee Update
Preserve Acres, Total and Remaining to be Acquired1
Preserve/Habitat Type
Total Preserve
Acres - 50-year
Permit
Total Preserve
Acres Acquired
through
12/31/20212
Total Preserve
Acres Remaining
to Be Acquired
(links to A.3, B.3.
and C.4)
Agricultural lands 57,935 11,403.699
Grasslands mitigating agricultural land impacts 8,043
Natural lands
Ditches 378 - 378.00
Grasslands 14,559 578.510 13,980.49
Oak woodlands 858 - 858.00
Riparian 2,725 44.050 2,680.95
Submerged aquatic in the Delta 10 - 10.00
Other natural lands 6,445 30.600 6,414.40
Subtotal non-vp natural lands 24,975 653.160 24,321.84
Total Non VP Natural/Ag Lands 82,910 20,099.859 62,810.14 Vernal pool wetted 2,121 6.000 2,115.00
Vernal pool grasslands 15,811 90.345 15,720.66
Total 100,842 20,196.204 80,645.80
Notes:

1. Includes six acres of vernal pool jumpstart.

Sources: Table 1 in this workbook, Table 6 from Annual Reports through 2019, and SJCOG Inc. staff.

2.The Mizuno Preserve (row and field crop agricultural land preserve) is recorded at 181.449 acres (3 decimals).

All other preserve acres recorded at 2 decimals or less. 38,488.30
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 2.1 RemainingPreservetoAcquire - 8/11/2022 ATTACHMENT A 515
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 Table 2.2
2020 Five-Year Economic Analysis and Fee Update
A. Preserves Acquired by Habitat Type and Zone as of 12/31/2019 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural lands 6,327.299 4,347.850 10,675.149
Natural lands
Ditches
Grasslands 243.250 7,121.280 7,364.530
Oak woodlands
Riparian 44.050
Submerged aquatic in the Delta
Other natural lands 30.600
Subtotal non-vp natural lands 317.900 - 7,121.280 - 7,439.180 Total Non VP Natural/Ag Lands 6,645.199 4,347.850 7,121.280 - 18,114.329 Vernal pool wetted 6.000 6.000
Vernal pool grasslands (upland) 71.760 18.585 90.345
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2019 Annual Report , Table 6 and Table 12 B. Preserves Acquired by Summary Habitat Type and Zone as of 12/31/2019 Habitat Type Central Delta Southwest Vernal Pool Total
Agricultural Land 6,327.299 4,347.850 - - 10,675.149
Natural Land 389.66 - 7,121.280 24.585 7,535.525
Total 6,716.959 4,347.850 7,121.280 24.585 18,210.674
Source: SJMSCP 2019 Annual Report , Table 6 and Table 12 C. Estimate of Future Southwest Zone Preserves, July 2020 2,500 Source: SJCOG, Inc. staff.

SJMSCP Index Zone
SJMSCP Index Zone
DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 2.2 Preserves_Habitat_Zone_2019 - 8/11/2022 ATTACHMENT A 516
FINANCIAL ANALYSIS UPDATE Final Adopted August 27, 2020 TABLE 3
2020 Five-Year Economic Analysis and Fee Update
Allowed and Remaining Incidental Take Acreage
Preserve/Habitat Type
Take Authorizations - 50-year
Permit (including multipurpose open space)1
Cumulative Acres
of Take through
12/31/2021
Remaining Acres of
Land Conversion (links
to A.4, B.4. and C.5)
Agriculture 57,635 18,070.29 39,564.71
Multi-purpose (other open space) 37,465 3,342.06 34,122.94 Natural lands
Vernal pool wetted 707 0.25 706.75
Vernal pool upland grassland 5,187 24.26 5,162.74
All other natural lands 8,308 594.95 7,713.38
Total 109,302 22,031.81 87,270.52
Notes:

1. Land conversion includes results of both Tier 1 and Tier 2 analysis. See Table 1 note 1.

Sources: Table 1 in this workbook, SJMSCP Table 1-1 and Table 4.2-2; SJCOG, Inc., 2021 Annual Report Table 4 DRAFT SJMSCP Cost and Fee Analysis 2023 Update_Mayo August 2022_2023 Annual w CPI.xlsx - 3 Cumulative Take_Remaining - 8/11/2022 ATTACHMENT A 517
SJCOG, Inc.
555 East Weber Avenue ● Stockton, CA 95202 ● (209) 235-0600 ● FAX (209) 235-0438 San Joaquin County Multi-Species Habitat Conservation & Open Space Plan (SJMSCP)
2023 Updated Habitat Fees*
Habitat Type Fee Per Acre
Multi-Purpose Open Space $9,629
Natural $19,255
Agriculture $19,255
Vernal Pool - uplands $75,320
Vernal Pool - wetted $176,878
* Effective January 1, 2023 – December 31, 2023
\
2023 Endowment Fees with In-lieu Land**
Type of Preserve Enhancement
Cost/acre
Land
Management
Cost/acre

TOTAL PER
ACRE

ENDOWMENT
Agricultural Habitat Lands $5,769.00 $769.97 $6,539
Natural Lands $5,769.00 $769.97 $6,539
Vernal Pool Habitat
Vernal Pool Grasslands $14,491.00 $1,901.76 $16,393
Vernal Pool Wetted $117,102.00 $1,864.45 $118,966
** Effective January 1, 2023 – December 31, 2023 in lieu of fees to be used as the endowment for the dedicated land preserves (Category B + C) based on impacted acres.

VELB Mitigation
A special fee category shall apply when removal of the Valley Elderberry Long-horned Beatle (VELB) habitat of elderberry shrubs occurs. The fee shall be paid to SJCOG, Inc. or a VELB mitigation bank approved by the Permitting Agencies. The current fee, as established in the VELB Conservation Fund Account managed by the Center for Natural Lands Management, and approved by the USFWS, is $1,800 per VELB Unit (one unit= one stem over 1" in diameter at ground level which is removed). Fees shall be established by the JPA during preconstruction surveys (i.e., counts of stems to be removed with and without exit holes shall be completed during preconstruction surveys) and shall be paid to the JPA prior to ground disturbance or stem removal, whichever comes first.

Robert Rickman
CHAIR
David Bellinger

VICE CHAIR
Diane Nguyen

EXECUTIVE DIRECTOR
Member Agencies

CITIES OF

ESCALON,

LATHROP,
LODI,

MANTECA,
RIPON,

STOCKTON,
TRACY,
AND

THE COUNTY OF

SAN JOAQUIN
ATTACHMENT A 518

HABITAT FEE AREAS
Legend
Habitat Conservation Zone Categories
HAB2 - NO PAY ZONE
HAB3 - MULTI-PURPOSE
HAB4 - AGRI LAND
HAB5 - NATURAL LAND
HAB6 - VERNAL POOL
HAB1 - PRIOR AGREEMENT
A
B
C
D
E
F
12-Jan-09

ATTACHMENT B
519
5 4 Miles
Legend
SJCOG_Preserves
Unknown/Other Easement
GeneralPlanCommunities

ATTACHMENT C
520
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE SAN JOAQUIN COUNTY MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE PLAN 2023 DEVELOPMENT FEE

SCHEDULE
On February 20, 2001, the City Council of the City of Stockton adopted Resolution No. 01-0101 establishing the authority for the collection of a Development Fee for the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP) for all new developments pursuant to the SJMSCP within the City of Stockton; and
A "Fee Study" dated July 16, 2001, was prepared which analyzed and identified the costs, funding, and cost-benefit of the SJMSCP; and The purpose of the SJMSCP Mitigation Fee is to finance the goals and objectives of the SJMSCP that include, but are not limited to, preserving land acquisition, preserving enhancement, land management, and the administration that compensate for such lands lost as a result of future development in the City of Stockton and San Joaquin County; and
After considering the Fee Study and the testimony received at the public hearing, the City Council approved said report and further found that the future development in the City of Stockton will need to compensate cumulative impacts to threatened, endangered, rare, and unlisted SJMSCP Covered Species and other wildlife and compensation for some non-wildlife-related impacts to recreation, agriculture, scenic values, and other beneficial Open Space uses; and
An "Updated Fee Study" was prepared in 2006, 2011, 2016, 2020, 2021, and 2022, which analyzed and identified the costs and funding of the SJMSCP; and The SJMSCP Development Fees are divided into three categories: Category A – Acquisition; Category B – Enhancement; and Category C – Land Management / Administration; and
To ensure that the SJMSCP development fees keep pace with inflation, annual adjustments are made to the fees based on the method previously adopted by the Stockton City Council; and
The method of annual adjustments was modified in 2011, 2016, 2020, 2021, and again in 2022; now, therefore,

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

1. The City Council finds and declares that the purposes and uses of the Development Fee, and the determination of the reasonable relationship between the fees’ 521
uses and the type of development project on which the fees are imposed, are valid and adopted as set forth herein.

2. The 2023 Development Fee shall be as set forth in the following table:

Proposed 2023 SJMSCP Development Fees
Habitat Type Category A Category B Category C Total Fee Rounded Fee Open Space $6,358.00 $2,885.00 $385.55.00 $9,628.55 $9,629.00 AG/Natural $12,716.00 $5,769.00 $769.97.00 $19,254.97 $19,255.00 Vernal Pool
(grasslands)
$58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320.00
Vernal Pool
(wetted)
$57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878.00

3. The Fee provided in this resolution shall be effective sixty (60) days after the adoption of this resolution pursuant to California Government Code section 66019(b).

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

PASSED, APPROVED, and ADOPTED December 6, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
522

SAN JOAQUIN MULTI-SPECIES HABITAT

CONSERVATION AND OPEN SPACE PLAN (SJMSCP)
2023 DEVELOPMENT FEE SCHEDULE
Agenda Item 16.1
City Council Meeting
December 6, 2022
523
• Adopted November 14, 2000.
• Provides strategy for protecting species
and open space.
• Provides permanent preservation areas.• Voluntary option for developers.• City Council approved last update in 2021.• August 2022– SJCOG Board approved updated fees.

Background
524
525
Proposed Fee Schedule
• Acquisition cost
reductions in comparable fee title land sale values.
• Enhancement and
AdministrativeCosts rose slightly.
• Overall,

1.6% Decrease
526
Proposed 2023 SJMSCP Fees
Habitat Type Category A Category B Category C Total Fee 2023 RoundedFee
2022RoundedFee
Open Space $6,358.00 $2,885.00 $385.55 $9,628.55 $9,629 $9,781 AG/Natural $12,716.00 $5,769.00 $769.97 $19,254.97 $19,255 $19,561Vernal Pool (grasslands) $58,927.00 $14,491.00 $1,901.76 $75,319.76 $75,320 $80,453 Vernal Pool (wetted)
$57,912.00 $117,102.00 $1,864.45 $176,878.45 $176,878 $174,040 527
• Streamlines review while protecting
environmental resources.
• Increase in land cost and land
enhancements.
• Financial model & fees evaluated annually.• Voluntary option for developers.• Participatory agencies must adopt annually.

Conclusion
528
Recommended Actions
City Council adopt a Resolution approving the San Joaquin Multi Species Habitat Conservation and Open Space Plan 2023 Development Fee Schedule.
529
City of Stockton
Legislation Text
File #: 22-1063, Version: 1

ADOPT A RESOLUTION CERTIFYING AN ENVIRONMENTAL IMPACT REPORT, ADOPT AN

ORDINANCE FOR PRE-ZONING, ADOPT A DEVELOPMENT AGREEMENT, ADOPT A

RESOLUTION AUTHORIZING ANNEXATION REQUESTS FOR A PROPOSED INDUSTRIAL DEVELOPMENT AT 5110, 5150, 5268, 5280, AND 5290 MARIPOSA ROAD, 4500 EAST CLARK ROAD, AND 4600 AND 4610 MARFARGOA DRIVE (APNS 179-220-10; -11; -12; -13; -16; -17; -18; -19; -24) (P20-0805), AND APPROVE RELATED SETTLEMENT DOCUMENTS

RECOMMENDATION
It is recommended that the City Council:

2. Adopt an Ordinance for the Pre-zoning of APNs 179-220-10; -11; -12; -13; -16; -17; -18-; 19; and -24 to Industrial, Limited (IL); and

3. Adopt an Ordinance for a Development Agreement; and

4. Adopt a resolution approving a Settlement Agreement with the Sierra Club; and approving a Memorandum of Understanding with the State of California Department of Justice; and

5. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and

6. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolutions, ordinance, Settlement Agreement, and Memorandum of Understanding.

Summary
The Project applicant, Greenlaw Partners, LLC, submitted an application to develop industrial land use with the potential for a total of seven (7) buildings for a combined 3,616,870 floor area square footage on nine (9) legal parcels totaling approximately 203.48 acres. The Project site is located east of State Highway Route 99 and south of Mariposa Road that is presently within the jurisdiction of the County of San Joaquin. The applicant is requesting consideration of entitlements to develop the project including Annexation, Prezoning, and a Development Agreement.

To develop the proposed industrial project, the City Council is asked to consider certification of an Environmental Impact Report (EIR) (SCH #20201202893), Pre-zoning the property to Industrial, City of Stockton Page 1 of 9 Printed on 11/30/2022
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Limited (IL), adoption of a Development Agreement, and authorizing the filing of an application for annexation with the San Joaquin Local Agency Formation Commission (LAFCo).

The proposed project is anticipated to generate approximately $5,997,979 in one-time Utility Connection and Public Facilities Fees (PFF) to cover expenses associated with new or expanded public facilities and services. Since industrial/warehouse development is proposed on the subject site, it is likely that no direct taxable sales activity and no sales tax revenue to the City would be generated, however, there is some indirect sales tax revenue assumed to be generated by employee spending while in the City of Stockton. The project is required to finance the formation of a Community Facilities District (CFD) through the City and contribute up to $3 million in funding towards the construction and operation of a future new fire station within the south Stockton area.

This CFD would apply to all new commercial and industrial development within the established service area boundary to be determined and would not apply to any new residential development.

The project and site are consistent with the 2040 General Plan Land Use Map designation of Industrial and further policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and state (Goal LU-4), attracting employment and tax -generating businesses in the city (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2).

An EIR was prepared for the project in compliance with the California Environmental Quality Act (CEQA). A Draft EIR was prepared and circulated for a 45-day public review period beginning on August 24, 2021, and ending October 7, 2021. The City received six (6) comment letters from interested parties during this process. Pursuant to CEQA Guidelines Section 15088, all substantive comments are provided responses in the Final EIR. All potentially significant effects are identified and paired with feasible mitigation measures to reduce them to less than significant levels, with the exception of six (6) potential impacts that remain significant and unavoidable even with provided mitigation measures related to: Agricultural Land Conversion, Air Quality Emissions, Exposure to Sensitive Receptors to Criteria Pollutants, Greenhouse Gas Construction Emissions, Traffic Noise Levels, and Vehicle Miles Traveled. A Statement of Overriding Considerations is proposed based on the employment and economic benefits of the project.

On March 10, 2022, the Stockton Planning Commission held a duly noticed public hearing to consider the proposed project. A total of four (4) written comments in opposition were submitted just prior to the Planning Commission hearing. At the hearing, two (2) labor union representatives provided comments in support of the project during the public hearing. One (1) member of the public provided comments opposing the project during the public hearing. Additionally, three (3) written comments in opposition were submitted from representatives (Pruitt, Harper, Elizabeth) during the public hearing. The Planning Commission voted 6-0 (Rizvi absent) recommending City Council approval of the proposed Project.

On April 19, 2022, the Project was originally scheduled for a public hearing of the City Council to consider the proposed project. Prior to the hearing, the City received communications from both the State of California Department of Justice Attorney General’s Office and the Sierra Club related to concerns with the environmental effects of the project identified in the project EIR. Council continued the item to a future date to allow opportunity for staff to confer with both parties.

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Since that time, City staff have engaged in ongoing conversations with representatives of the Attorney General’s Office and Sierra Club to discuss their concerns and reach consensus on enhanced mitigation measures to substantially reduce the environmental effects of the project on the community and environment. Additional enhanced feasible mitigation measures are proposed in the Revised Final EIR, however, some potential impacts still remain significant and unavoidable and require Council’s approval of findings of overriding considerations based on the project’s benefits including, but not limited to, job creation and economic development. A Memorandum of Understanding is proposed between the City and the State Department of Justice to assure the City will consider incorporating the agreed upon enhanced mitigation measures as industrial standards in the City’s Development Code. A similar requirement is included in the proposed settlement agreement between the Sierra Club, Developer and City along with applying the enhanced mitigation measures on any new industrial project applications prior to code amendment.

DISCUSSION
Background
The subject site consists of nine (9) legal parcels identified as Assessor’s Parcel Numbers 179-220- 10; -11; -12; -13; -16; -17; 18; -19; and -24 and is located on the south of Mariposa Road and east of the terminus of Clark Drive and Marfargoa Road, presently within the jurisdiction of the County of San Joaquin (Attachment A - Location Map and Aerial Photo). The site is bounded to the:
· North by rural residential homes and across Mariposa Road by industrial development located on the County of San Joaquin; and
· West of the site along Marfargoa Road and Clark Drive by predominantly rural residential; and · South by lands under development for industrial warehouse projects within the City of Stockton; and
· East by three rural residences and mostly vacant agricultural lands located in the County of San Joaquin.

As the subject site abuts the incorporated limits of the City of Stockton, there is no Zoning Map designation provided for the subject properties. Zoning Map designations for properties located in the city adjacent to the site and referenced above are identified at Attachment B - Zoning Map. The 2040 General Plan Land Use Map designates the subject site as Industrial (Attachment C - General Plan Land Use Map).

Project Description
Greenlaw Partners, LLC, has applied for all required entitlements to establish an industrial development south of Mariposa Road (Attachment D - Project Plans). The parcel is in the unincorporated county, abutting the City of Stockton limits. The project is located within a disadvantaged unincorporated community (DUC) identified as Mariposa Road Community that currently includes a mix of residential, commercial, industrial and agricultural uses.

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The project totals approximately 203.48 acres and would be developed as an industrial development with the potential for a total of seven (7) buildings for a combined square footage of 3,616,870 square feet in floor area, along with parking areas, vehicular access, and storm drainage retention.

Access to the proposed project would be from two (2) driveways proposed along the project frontage of Mariposa Road in the northeastern portion of the project site. The southernmost of the two driveways would provide the main access to the project site, leading to most of the proposed buildings. The northernmost driveway would provide access to the two northernmost buildings proposed on the site. The project would include restriping the Mariposa Road frontage to accommodate turn pockets and acceleration/deceleration lanes and traffic signalization. Additional emergency vehicle access (EVA) is provided into the site from Marfargoa Road and Clark Drive, however these access points are limited to first responders and accessed via a locked gate operable only by first responders.

The proposed industrial development is a “Permitted” use under the proposed IL pre-zoning and would not require additional discretionary action. Provision of utility service to the project will require off-site improvements. These improvements will be subject to the review and approval of the City Municipal Utilities and Public Works departments and a review of their consistency with adopted wastewater, water, and stormwater master plans.

The proposed industrial warehouse uses are consistent with the existing General Plan designation and proposed pre-zoning of the site; the necessary development approvals are within the range of probable development-related activities considered in the EIR.

ANALYSIS
To develop the industrial park, the City Council is asked to certify the EIR, Prezone the subject site to Industrial, Limited (IG) Zone, adopt a Development Agreement, and authorize the filing of an annexation application with LAFCo. Each request and analysis are provided below.

Environmental Clearance
Pursuant to CEQA Guidelines section 15064, the City Council must consider the EIR prior to acting on the project. As reflected in the Proposed Resolution, certification of the EIR is presented, including adoption of a corresponding Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program (MMRP).

An EIR has been prepared for the project, in accordance with the CEQA. Sections 15090 through 15093 of the CEQA Guidelines outline procedures for decision making by the Lead Agency (the City of Stockton) when an EIR has been prepared. A Notice of Preparation was published for agency and public review during a 30-day period starting on December 14, 2020 and ending January 14, 2021, and concluded with a virtual public scoping meeting on January 5, 2021, in which five (5) members of the public attended, in addition to city staff and the applicant team. There was one (1) public comment related to access into their private property.

Comments received were then considered in the preparation of a Draft EIR that was circulated for a 45-day public review period beginning on August 24, 2021, and ending October 7, 2021 (Attachment E - Draft EIR). The City received six (6) comment letters from interested parties during that process.

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Before taking action on the project, the City must first certify that the EIR is adequate under CEQA.

Then, in conjunction with its decision on the project, the City must make specific findings with respect to each of the significant environmental effects identified in the EIR. Guidelines for the certification of an EIR (CEQA Guidelines Section 15090) require that the Lead Agency certify that: 1) the Final EIR has been completed in compliance with CEQA, 2) that the Final EIR was presented to the decisionmaking body of the Lead Agency, and the decision-making body reviewed and considered the information contained in the Final EIR prior to a decision on the project, and 3) that the Final EIR reflects the Lead Agency’s independent judgment and analysis.

The EIR is intended by CEQA to be an informational document (CEQA Guidelines Section 15121).

Decision-making on the project in relation to its environmental impacts is reserved to the Lead Agency and any Responsible Agencies with approval authority over the project. Consequently, information in the EIR does not limit the Lead Agency’s ultimate discretion on the project, but as noted, the Lead Agency must address each significant effect identified in the EIR in written findings before they approve the project, or portions of the project (CEQA Guidelines Section 15091). These findings are contained in a separate document (CEQA Findings and Mitigation Monitoring/Reporting Program) that accompanies this Final EIR and must also be adopted by the City Council (CEQA Guidelines Section 15097).

The mitigation monitoring/reporting program is required to ensure that the mitigation measures and project revisions identified in the EIR are implemented. The measures and revisions described in the EIR are fully enforceable through permit conditions, agreements, or other measures. The mitigation monitoring/reporting program for this project is contained in a separate document that accompanies this Final EIR, and addresses items such as: Aesthetics and Visual Resources; Biogical Resources; Cultural Resources/Tribal Cultural Resource; and Geology and Soils.

In the event that the City wishes to approve a project without providing substantial mitigation for all its significant impacts of the project (i.e., if the second or third finding options are utilized), then CEQA Guidelines Section 15093 allows the decision-makers to balance the project’s benefits against its unavoidable environmental risks. This decision must be documented in a Statement of Overriding Considerations and adopted by the project decision-makers. The CEQA findings for the project, as noted above, include a Statement of Overriding Considerations and address the following topics:

Conversion of Farmland, Air Quality Plans and Standards for Operational Emissions, Exposure of Sensitive Receptors to Criteria Pollutants, Project Greenhouse Gas (GHG) Construction Emissions and Consistency with Applicable Plans and Policies; Increase in Noise Levels in Excess of Standards related to Traffic; and, Consistency with CEQA Guidelines Section 15064.3(b), which relates to the determination of the significance of transporation impacts.

By the conclusion of the Draft EIR review period, three (3) comment letters were received by the City.

After the close of the review period, an additional three (3) comment letters were received, as well as correspondence from the State of California Attorney General’s Office and the Sierra Club.

Immediately prior to the initial City Council hearing, Staff received written communication from the State of California Department of Justice Attorney General’s Office and the Sierra Club. The nature of the comments related the potential environmental effects of the project on the adjacent residents nearby the site within the disadvantaged unincorporated community identified as Mariposa Road Community. Each letter presented additional suggested mitigation measures which they recommended be incorporated into the Environmental Impact Report. Because of the potential City of Stockton Page 5 of 9 Printed on 11/30/2022
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significance of these comments, staff continued the item and opened dialog between each group holding multiple meetings to discuss the suggested mitigation measure enhancements. In coordination with the City’s CEQA consultant and the applicant, all parties came to agreement on final modifications to the mitigation measures, which were incorporated into the Revised FEIR and Development Agreement. These modifications did not require reevaluation of the existing technical studies prepared; thus the DEIR was not required to be recirculated. Pursuant to CEQA Guidelines Section 15088, all substantive comments are provided responses in the Revised Final EIR (Exhibit 1 to the FEIR Resolution).

Pursuant to CEQA Guidelines Section 15092, the City Council must consider the EIR prior to acting on the project. As reflected in the attached Proposed Resolution, certification of the EIR is presented, including adoption of a corresponding Mitigation Monitoring and Reporting Program (MMRP), findings, and a Statement of Overriding Considerations.

Prezone
Since the project site is presently located within the County of San Joaquin, annexation must occur and be preceded by “Pre-zoning” it through a Zoning Map Amendment. The project, therefore, includes a request to Pre-zone the site to Industrial, Limited (IL) Zone (Exhibit 1 to the Prezone Ordinance).

The 2040 General Plan Land Use Map designates the project site as Industrial. Pursuant to Table 2-1 (General Plan Relationship to Development Code) of the General Plan, the IL Zone is compatible with the General Plan Land Use Map designation of Industrial. As reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Pre-zone action.

Upon approval of the Annexation by (LAFCo), the Zoning Map Amendment would become effective and applicable.

Annexation
As the project site is presently located within the jurisdiction of San Joaquin County, the applicant has requested annexation of the project site into the City of Stockton. Pursuant to SMC Section

16.212.050(C)(1), the City Council is the Review Authority for annexation requests upon recommendation from the Development Review Committee (DRC). On March 28, 2022, the DRC forwarded, after considering a City Services Plan (Exhibit 1 to the Annexation Resolution), an approval recommendation for the annexation request.

The project site is located within the City’s Sphere of Influence and as discussed, designated Industrial by the General Plan Land Use Map. The area proposed for annexation includes the project area, and adjacent public roadway segments along Mariposa Road (Exhibit 2 to the Annexation Resolution).

If approved by City Council, the City Manager would be authorized to file an annexation application with (LAFCo).

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Development Agreement
A Development Agreement (DA) is being requested with the proposed project that identifies a range of developer and City obligations and responsibilities for how the Project development may occur in the coming years. (Exhibit 1 to the Development Agreement Ordinance). The DA addresses issues such as maximum building heights, infrastructure construction, payment of applicable fees, and similar issues, and incorporates the Mitigation and Monitoring Reporting Program (MMRP) from the Final Environmental Impact Report (FEIR). As a benefit to the greater south Stockton Community, the Developer is agreeing to fund the preparation of a fire service area study to initiate the formation of a new Community Facilities District, to be applied to similar new non-residential development sites, to finance the construction of a new fire station and provide on-going staffing services. The Developer will fund up to $3 million to go towards the construction of the new fire station and contribute to the ongoing tax to fund operations of the fire station.

Settlement Agreement
A Settlement Agreement is being requested with the proposed project that identifies the developer obligations for the project between the developer and the Sierra Club (Exhibit 1 to the Settlement Agreement and Memorandum of Understanding Resolution). The Settlement Agreement is a legally binding contract that outlines the acceptance of the negotiated project terms and repayment of legal fees incurred by the Sierra Clubs legal team.

Memorandum of Understanding
A Memorandum of Understanding (MOU) is being requested with the proposed project that identifies a range of City obligations and responsibilities that have been negotiated and agreed upon between the City and the Department of Justice Attorney General’s Office (Exhibit 2 to the Settlement Agreement and Memorandum of Understanding Resolution). A key point in the MOU is the obligation of city staff to draft and present for Council consideration an ordinance for industrial warehouse developments.

Development Permits
As of the writing of this staff report, there have been no subsequent applications made for physical development of the site beyond the conceptual site plan evaluated in the EIR. Should an application be made to develop the site, it would be required to adhere to the conditions of approval and mitigation and monitoring reporting plan adopted by the City Council, as well as a comprehensive review and approval through Site Plan Review and Design Review.

Municipal Service Review
The General Plan illustrates the City’s anticipated 20-year growth within the approved planning boundaries. State law requires the City to prepare a Sphere of Influence and Municipal Service Review (SOI/MSR) report to assess services (fire, police, schools, utilities, etc.) for the anticipated General Plan growth. The SOI/MSR includes a section highlighting the City’s anticipated 10-year growth through pending project approvals and areas of interest. As the proposed annexation was not anticipated in the SOI/MSR 10-year Planning Horizon, the Applicant has proposed changes to include the Project as part of that analysis. The City’s SOI/MSR is included as Exhibit 4 to the City of Stockton Page 7 of 9 Printed on 11/30/2022
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Resolution to approve the Annexation, Detachment of Rural Fire Services, and amend the adopted Sphere of Influence and Municipal Service Review report.

PUBLIC COMMENT
As the Project was required to prepare an EIR, there have been significant public outreach efforts required during the CEQA process. The Final EIR has been prepared pursuant to the requirements of CEQA and the CEQA Guidelines, which culminates the public review process of the environmental document, and includes all correspondence received to-date, as well as the Notice of Availability posted at the San Joaquin County Clerk’s office, the distribution list for the EIR public notices, the Notice of Completion, and other material related to the public review of the EIR.

Throughout the CEQA process, community members in the adjacent neighborhood to the direct west have been in communication with staff regarding status of the environmental documents and timing of the public hearing process. Staff has also received multiple public records requests for all documentation related to the project from multiple groups. Lastly, the applicant hosted three (3) neighborhood meetings on February 17, 2022, March 31, 2022, and November 7, 2022.

Planning Commission
On March 10, 2022, the Stockton Planning Commission recommended that the City Council approve the proposed Project. A total of four (4) written comments were submitted just prior to the Planning Commission hearing. At the hearing, the applicant provided a brief presentation after Staff’s presentation. Two (2) union representatives provided comments in support of the project during the public hearing. One (1) member of the public provided comments opposing the project during the public hearing. Additionally, three (3) written comments were submitted (Pruitt, Harper, Elizabeth) during the public hearing. Comments were generally directed to the potentially significant environmental effects that were analyzed and addressed in the EIR. Staff and the environmental preparer’s team provided clarity and response in the meeting.

The Planning Commission voted 6-0 (Rizvi absent) approving a recommendation to the City Council to certify the EIR, including a Statement of Overriding Considerations and adoption of a Mitigation and Monitoring Reporting Program. The Planning Commission also approved a recommendation that the City Council adopt an Ordinance for the Pre-zoning of APNs 179-220-10; -11; -12; -13; -16; -17; - 18; -19-; -24, to Industrial, Limited (IL), and a Development Agreement. (Attachment F - Planning Commission Resolutions). Construction of the Project is contingent on City Council and LAFCo approval, and subsequent Site Plan Review and Design Review through the Planning Division of the Community Development Department.

Public Notice
In preparation for the November 15, 2022 City Council public hearing, on November 4, 2022, notice for the City Council public hearing for this request was published in The Record and mailed notice was sent to all property owners within a 300-foot radius, interested parties, and local agencies, at least ten (10) days prior. At the November 15, 2022 City Council hearing, the item was continued to the December 6, 2022 meeting.

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Although not required since it was a continued item from the November 15 meeting, on November 23, 2022, mailed notice for the City Council public hearing was sent to all property owners within a 1,000-foot radius, interested parties, and local agencies, as well as emailed to the Community Development Department master contact list, at least ten (10) days prior, and for added transparency. The notice was provided in both English and Spanish. As of the writing of this staff report, one (1) written comment has been submitted regarding the public participation process.

FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. According to the City Services Plan, the proposed project will result in a positive effect on the City to cover expenses associated with new or expanded public facilities and services as a result of the collection of one-time utility connection and Public Facilities Fees (PFF) estimated at $5,997,979. Other plan check and permit fees will be generated based on construction valuation.

In addition to the immediate permit fee revenue, the City Services Plan estimates that the long-term result of the fully completed and annexed project will primarily increase annual property taxes and some minor sales tax revenue by a total of approximately $1,624,287 in the first year. The annexed area is estimated to introduce an annual increase of $900,106 in expenditures on city resources in the first year.

Lastly, the Development Agreement will require the formation of a Community Facilities District (CFD) which will provide funding from the development for the construction, staffing, equipment, and maintenance for a fire station to serve the annexed area. The estimated cost of the station is $10 million with $3 million in ongoing annual staffing, equipment, and maintenance costs.

Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Project Plans
Attachment E - Draft EIR
Attachment F - Planning Commission Resolutions
City of Stockton Page 9 of 9 Printed on 11/30/2022
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538
City of Stockton, CA
January 31, 2022 Locati on Map and Aerial Photo
Property Information
Property ID 17922019-109393
Location 5110 E MARIPOSA RD
Owner

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 01/19/2022
Data updated 01/03/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 2104.9041695198844 ft
Attachment A 539
City of Stockton, CA
January 31, 2022 Zoning Map
Property Information
Property ID 17922019-109393
Location 5110 E MARIPOSA RD
Owner

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 01/19/2022
Data updated 01/03/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 2104.9041695198844 ft
Attachment B 540
Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF WAY (ROW)
Attachment B
541
City of Stockton, CA
January 31, 2022 Genera l Plan Land Use Map
Property Information
Property ID 17922019-109393
Location 5110 E MARIPOSA RD
Owner

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 01/19/2022
Data updated 01/03/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 2104.9041695198844 ft
Attachment C 542
Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF WAY
Attachment C 543
BaseCamp
Figure 2-2
BaseCamp Environmental CONCEPTUAL SITE PLAN
SOURCE: Ware Malcomb
Attachment D 544

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Due to the size of the electronic file, the complete Draft Environmental Impact Report for the Mariposa Industrial Park Project may be viewed at the following weblink:
http://www.stocktonca.gov/files/MariposaAnnexation_PublicReviewDraftEIR.pdf Attachment E 545
Attachment F 546
Attachment F 547
Attachment F 548
Attachment F 549
Attachment F 550
Attachment F 551
Attachment F 552
Attachment F 553
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO CERTIFY THE ENVIRONMENTAL IMPACT REPORT (SCH #2020120283), STATEMENT OF OVERRIDING CONSIDERATIONS, AND

MITIGATION MONITORING AND REPORTING PROGRAM FOR A PROPOSED INDUSTRIAL DEVELOPMENT AT 5110, 5150, 5268, 5280, AND 5290 MARIPOSA ROAD, 4500 EAST CLARK ROAD, AND 4600 AND 4610 MARFARGOA DRIVE (APPLICATION NO. P20-0805)
On October 19, 2020, the applicant, Greenlaw Partners, LLC submitted a request for a Development Agreement and Prezoning of Assessor’s Parcel Numbers (APNs) 179- 220-10; -11; -12; -13; -16; -17; -18; -19; -24 to the Industrial, Limited (IL) zoning designation for the purposes of future industrial development. The nine (9) legal parcels combined total approximately 203.48 acres and would be developed for future industrial and warehouse uses. While the design and size of the future buildings will be determined in the subsequent Site Plan Review and Design Review processes required prior to construction, at full buildout, these facilities could total approximately 3.6 million square feet distributed amongst seven (7) buildings; and
On December 14, 2020, a Notice of Preparation (NOP) was distributed for public review and comment, to evaluate if an Environmental Impact Report (EIR) would be required for the project, and what should be evaluated. The State Clearinghouse subsequently transmitted the NOP to State agencies on December 16, 2020. The City’s NOP period closed on January 12, 2021, and the State Clearinghouse review period closed on January 14, 2021; and
A Draft Environmental Impact Report (EIR) was prepared for the project, in accordance with the California Environmental Quality Act (CEQA) and distributed locally and through the State Clearinghouse for agency and public comments between August 24, 2021, through October 7, 2021. The Draft EIR identified potentially significant environmental impacts which could occur from development of the Project, and where feasible, application of mitigation measures that would reduce the impacts to a level of less than significant; and
The Draft EIR addressed environmental impacts associated with the proposed Project that are known to the City, and that were raised during the NOP process, or that were raised during the preparation of the Draft EIR. The Draft EIR discussed potentially significant impacts associated with; Aesthetics and Visual Resources; Agricultural Resources; Air Quality; Biological Resources; Cultural Resources/Tribal Cultural Resources; Geology and Soils; Greenhouse Gas Emissions; Noise; and Transportation.

After analysis, mitigation measures were applied to lessen any significant impacts that resulted from the annexation and prezone request; and
554
No new significant environmental impacts or issues, beyond those already covered in the Mariposa Industrial Park DEIR, were raised during the 45-day comment period. Responses to comments received during the comment period do not involve any new significant impacts or add “significantly new information” that would require recirculation of the DEIR pursuant to CEQA Guidelines section 15088.5. Pursuant to CEQA Guidelines section 15088, all substantive comments are responded to in the Final EIR. Comments received were from; and
A total of six (6) written communications, were received during the review period, from: the California Air Resources Board, received October 8, 2021; the San Joaquin Valley Air Pollution Control District, received October 7, 2021; the California Department of Justice, received October 7, 2021, the Montezuma Fire District, received January 7, 2022; the San Joaquin County, received January 7, 2022; and the Sierra Club, Motherlode Chapter, received January 17, 2022; and
The comments contained in the six (6) written communications have been responded to by the City’s environmental consultant as part of the Final EIR, and, where appropriate, modifications have been made to the Draft EIR. Most impact issue areas will be less than significant with mitigation. For this, a Mitigation Monitoring and Reporting Program has also been prepared; and
The Draft EIR also determined that there are six (6) potential environmental effects of the Mariposa Industrial Park Project, that are potentially significant and unavoidable, or cannot be mitigated to a Less than Significant or substantially reduced by the available mitigation measures documented in the EIR, and that require a Statement of Overriding Considerations (SOC). The SOC describes the anticipated economic, legal, social, technological and/or other benefits or considerations that warrant the City Council’s decision to approve the project, even though all the environmental effects of the project are not fully mitigated; and The significant and unavoidable impacts identified in the SOC relate to Agricultural Land Conversion, impacts to: the Conversion of Farmland; Air Quality Plans and Standards for Operational Emissions; Exposure of Sensitive Receptors to Criteria Pollutants; Project Greenhouse Gas (GHG) Construction Emissions and Consistency with Applicable Plans and Policies; Increase in Noise Levels in Excess of Standards related to Traffic; and, Consistency with CEQA Guidelines Section 15064.3(b), which relates to the determination of the significance of transporation impacts. Because no other feasible mitigation measures are available for these items, the City Council must adopt a Statement of Overriding Considerations with supportive findings; and In accordance with CEQA Guidelines sections 15092, 15093, and 15094, the Planning Commission must consider the EIR before acting on the Project. An approval recommendation to certify the EIR and Statement of Overriding Considerations is presented, including the adoption of a corresponding Mitigation Monitoring and Reporting Program (MMRP). The Planning Commission is requested to make a 555
recommendation to the City Council to certify the EIR and adopt the Statement of Overriding Considerations per the CEQA Findings; and
On March 10, 2022, the Planning Commission conducted a public hearing on the application, in compliance with SMC Section 16.88.040, at which point all persons wishing to be heard were provided such opportunity; and At the March 10, 2022, public hearing, and prior to acting on this request, the Planning Commission considered and recommended certification of an EIR (SCH #2020120283) prepared pursuant to the California Environmental Quality Act (CEQA); and
On April 19, 2022, the State of California Department of Justice Attorney General’s Office and the Sierra Club provided communication to staff related to concerns with the environmental effects of the project immediately before the scheduled City Council public hearing for April 19, 2022, was scheduled to occur. Based on the communication received, Staff elected to postpone the public hearing to a future date; and
The Attorney General’s Office and the Sierra Club presented additional mitigation measures which were evaluated and incorporated into the document where appropriate, however they did not trigger changes or reevaluation of the existing technical studies prepared, thus the DEIR was not required to be recirculated; and On December 6, 2022, the City Council convened a public hearing regarding the Planning Commission’s decision. At this meeting, the City Council considered the requested recommendations of the Planning Commission based on the findings indicated in said resolution; now, therefore,

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

1. The foregoing recitals are true and correct and are incorporated by this reference.

2. Based on its review of the entire record herein, the City Council finds:
a. A Draft Environmental Impact Report (EIR) was prepared for the Project, in accordance with the California Environmental Quality Act (CEQA). b. The Draft EIR identified potentially significant environmental impacts which could occur from development of the Project, and, where feasible, application of mitigation measures that would reduce the impacts to a level of less than significant.
c. Potentially significant environmental impacts identified where mitigation 556
measures were not feasible, resulting in the creation of potentially significant and unavoidable environmental impacts. Most potentially significant effects were identified and paired with feasible mitigation measures to reduce them to less than significant levels.
d. A Statement of Overriding Considerations is needed to accommodate the six (6) significant and unavoidable impacts identified in the SOC relating to 1) the Conversion of Farmland; 2) Air Quality Plans and Standards for Operational Emissions; 3) Exposure of Sensitive Receptors to Criteria Pollutants; 4) Project Greenhouse Gas (GHG) Construction Emissions and Consistency with Applicable Plans and Policies; 5) Increase in Noise Levels in Excess of Standards related to Traffic; and 6) Consistency with CEQA Guidelines Section 150645.3(b), which relates to the determination of the significance of transporation impacts.Because no other feasible mitigation measures are available for these items, the City Council must adopt a Statement of Overriding Considerations with supportive findings.
(1) Based on its review of the entire record herein, including the March 10, 2022 Planning Commission staff report, all supporting, referenced, and incorporated documents, and all comments received, the City Council finds that the Final Environmental Impact Report for the Mariposa Industrial Park project (SCH #2020120283) has been completed in accordance with the requirements of the California Quality Act (CEQA), CEQA Guidelines, and Stockton Municipal Code (SMC) Section 16.88.040 (Environmental Determination); and (2) The City Council finds that the EIR has been presented to it, that the Planning Commission has reviewed the EIR and has considered the information contained in the EIR prior to recommending certification to the City Council on the proposed Project, and that the EIR reflects the City Council and Planning Commission’s independent judgement and analysis; and
(3) Pursuant to CEQA Guidelines section 15164, and in support of approval of the Project, the City Council certifies the Environmental Impact Report, attached as Exhibit 1, including its accompanying Findings of Fact, attached as Exhibit 2, and Mitigation Monitoring and Reporting Program, attached as Exhibit 3 and incorporated herein; and
(4) The City Council hereby authorizes the Community Development Department, upon approval of the Project, to file a Notice of Determination with the County Clerk of San Joaquin County and State Office of Planning and Research pursuant to CEQA section 21152; and
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557
(5) Pursuant to CEQA section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council’s decision is based are located in and may be obtained from, the Office of the City Clerk at 425 N. El Dorado Street, 1st Floor, Stockton, CA 95202; the City Clerk is the custodian of records for all matters before the City Council.

PASSED, APPROVED, and ADOPTED December 6, 2022 .

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
558

REVISED
FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE
MARIPOSA INDUSTRIAL PARK
State Clearinghouse Number: 2020120283
City of Stockton Project No. P20-0805
November 15, 2022
Prepared for:

City of Stockton
Department of Community Development
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

BaseCamp Environmental, Inc.
802 W. Lodi Avenue
Lodi, CA 95240
Due to the size of the electronic file, the complete Revised Final Environmental Impact Report for the Mariposa Industrial Park Project may be viewed at the following weblink:
http://www.stocktonca.gov/files/
Mariposa_Revised_Final_Environmental_Impact_Report_111522.pdf EXHIBIT 1 - Revised FEIR 559
1 FINDINGS OF FACT FOR THE
MARIPOSA INDUSTRIAL PARK PROJECT

REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Public Resources Code, § 21000 et seq.)
CITY OF STOCKTON
NOVEMBER 22, 2022

1.0 INTRODUCTION

1.1 BACKGROUND INFORMATION
The California Environmental Quality Act (CEQA) requires that a Lead Agency prepare an Environmental Impact Report (EIR) when a proposed project may involve significant environmental effects, as defined by CEQA. Prior to approval of the project, the Lead Agency is required to certify that the EIR was completed in compliance with CEQA and that the Lead Agency reviewed and considered the information in the EIR before approving the project. If the EIR identifies significant or potentially significant environmental effects, CEQA requires that the Lead Agency include feasible mitigation measures in the project and that the Lead Agency make specified written findings regarding disposition of significant environmental effects prior to project approval.

If the Lead Agency intends to approve a project but finds that mitigation measures are not feasible for one or more of the significant environmental effects of the project, it must also adopt a Statement of Overriding Consideration that identifies economic, social, technical, and other benefits of the Project that override any significant unavoidable impacts that would result from the Project. The Mariposa Industrial Park project involves several potentially significant environmental effects, some of which do not have feasible mitigation measures that will substantially reduce the impact or reduce it to a less than significant level. The proposed Statement of Overriding Considerations for the Mariposa Industrial Park project is shown in Section 4.0 of this document.

If an EIR identifies significant or potentially significant environmental effects, the Lead Agency must also adopt a Mitigation Monitoring Reporting Program (MMRP) that lists all of the mitigation measures identified in the EIR and identifies responsibility for their implementation and/or monitoring. The proposed MMRP for the Mariposa Industrial Park is shown in the separate document cited below.

Mitigation Monitoring/Reporting Program for the Mariposa Industrial Park. City of Stockton November 15, 2022.

This document sets forth the findings of the City of Stockton (the “City”), the Lead Agency for the Mariposa Industrial Park project, as required by CEQA Guidelines sections 15091- EXHIBIT 2 - FINDINGS OF FACT 560
2 15093. The primary source document for the findings is the Environmental Impact Report for the Mariposa Industrial Park Project (SCH# 2020120283) (the “EIR”). When referenced as such, the EIR includes the Public Review Draft EIR (the DEIR) dated August 24, 2021 and the Revised Final EIR (the FEIR) dated November 15, 2022, as well as documents that are incorporated into the DEIR and Revised FEIR by reference.

The proposed project that is the subject of these findings, the environmental review process, the environmental documentation prepared for the project, and the findings that the City must make to fulfill the requirements of CEQA, are discussed below. The City’s findings with respect to the Mariposa Industrial Park project are described in subsequent sections of this document.

The proposed Findings and Statement of Overriding Considerations contained in this document are presented for adoption by the City Council as the City’s findings required under CEQA and the CEQA Guidelines relating to the Project. The Findings provide the written analysis and conclusions of this City Council regarding the Project’s environmental impacts, mitigation measures, alternatives to the Project, and the overriding considerations, which in this City Council’s view, justify approval of the Project, despite the Project’s significant and unavoidable environmental impacts.

1.2 PROJECT DESCRIPTION
The Mariposa Industrial Park project proposes annexation, pre-zoning and other approvals needed to allow industrial development of the 203.48-acre project site. Planned industrial land uses consist primarily of large warehousing and distribution facilities known as “highcube” warehouses. The conceptual site plan for the project includes seven buildings with a planned height of 36 feet and floor area totaling 3.6 million square feet, including ancillary office space. The proposed Development Agreement for the project would allow the maximum height limit specified in the proposed zoning district to be exceeded; potential building heights of up to 100 feet were evaluated in the EIR.

Access to the developed site would be from two new driveways extending south from Mariposa Road in the northeastern portion of the project site. The southernmost driveway would provide the main access to the project site and most of the proposed buildings. The project would include improvements along the site’s Mariposa Road frontage to accommodate turn pockets and acceleration/deceleration lanes. Utility service for the project site, including sewer and water would be provided by the City of Stockton from existing trunk lines adjacent to the site. Storm drainage from the site would be directed to a new on-site storm drainage system; the storm drainage system would include on-site collection lines and a detention basin that would discharge accumulated storm flows to North Littlejohns Creek, when capacity is available, while also improving the quality of storm discharged storm waters.

EXHIBIT 2 - FINDINGS OF FACT 561
3 1.3 THE CEQA PROCESS FOR THE MARIPOSA INDUSTRIAL
PARK PROJECT
The potential environmental effects of the project, mitigation measures necessary to address significant effects and alternatives to the project are discussed in detail in the project EIR prepared by the City of Stockton. In addition to preparing the EIR, the City conducted the EIR process as required by CEQA. Steps in the EIR process included preparation and public review of a Notice of Preparation, conducting a scoping meeting, publication and distribution of a Draft EIR for a 45-day public review period, preparation of a Final EIR addressing comments received during the public review period, and preparation of this CEQA Findings document and the associated MMRP that are intended to be adopted by the Stockton City Council prior to taking action on the project.

Notice of Preparation Public Circulation
The City issued a Notice of Preparation (NOP) of the EIR on December 16, 2020; the NOP was circulated for agency review for a 30-day period as required by CEQA. Detailed information on the content, circulation and comments received by the City on the Notice of Preparation is contained in DEIR Appendix A; comments submitted on the NOP, listed below, were considered during the preparation of the DEIR and were incorporated into the DEIR by reference.
• Department of Conservation’s Division of Land Resource Protection, January 12, 2021
• Central Valley Regional Water Quality Control Board, January 8, 2021 • Native American Heritage Commission, December 20, 2020 • San Joaquin Valley Air Pollution Control District, January 7, 2021 • Gale Tolentino, January 12, 2021
The City also held a virtual public scoping meeting for the project on January 5, 2021.

Public notice of the meeting was provided by the City in accordance with its standard noticing procedures. Verbal comments during the meeting were provided by local residents Roy Harper and John Lott. No written comments were submitted to the City during or after the scoping meeting.

Draft EIR Public Circulation
The Public Review Draft EIR (DEIR) was prepared by consultants, independently reviewed by the City and distributed for agency and public comment during a 45-day period extending from August 24, 2021 to October 7, 2021.

The DEIR contained a description of the project, a description of the environmental setting, identification of project impacts, and discussion of feasible mitigation measures for environmental impacts found to be potentially significant, as well as an analysis of project alternatives, identification of significant irreversible environmental changes, growthinducing impacts, and cumulative impacts. The DEIR also identifies areas of environmental concern determined to involve no impact or a less than significant impact.

EXHIBIT 2 - FINDINGS OF FACT 562
4 The public notification and distribution process for the DEIR is outlined below.

The DEIR was available for viewing and download on the City’s web site during the public review period.

A Notice of Availability was filed with the San Joaquin County Clerk, published in The Record, a newspaper of regional circulation, and uploaded to the State Clearinghouse. The Notice of Availability distributed to a list of agencies and interested parties as shown in Appendix J of the FEIR.

A Notice of Completion, the DEIR and the State Clearinghouse Summary were posted to the State Clearinghouse CEQAnet web site for review by State agencies.

The City received six written comments on the DEIR during and shortly after the public review period.

1. California Air Resources Board, October 8, 2021

2. San Joaquin Valley Air Pollution Control District, October 7, 2021

3. California Department of Justice, October 7, 2021

4. Montezuma Fire District, January 7, 2022

5. San Joaquin County Community Development Department, January 7, 2022

6. Sierra Club, January 17, 2022
The City considered the above-listed comment letters and made specific responses to each of the comments. These comments and the City’s responses are shown in Chapter 22.0 of the Revised Final EIR.

Final EIR
The City prepared an initial version of the FEIR (February 28, 2022) in advance of a planned meeting of the Stockton Planning Commission scheduled for March 10, 2022. As required by CEQA, the City’s responses to comments were provided to each of the commenters 10 days ahead of the Planning Commission meeting. The Planning Commission reviewed the February 28, 2022 FEIR and recommended that the Stockton City Council certify the Final EIR.

During the Planning Commission meeting, additional comments addressing EIR concerns were submitted to the City and the Planning Commission. Additional comments were submitted to the City prior to the planned City Council meeting scheduled for April 18, 2022.

7. San Joaquin County Community Development Department, March 10, 2022

8. Matt Holmes, March 10, 2022

9. Jan Warren, March 10, 2022

10. Sierra Club, March 10, 2022

City Council and Concurrent AuthoritiesDecember 6, 2022

City Council and Concurrent Authorities
December 6, 2022