Agenda packet — City Council and Concurrent Authorities, January 24, 2023

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
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, January 24, 2023
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 22-1215

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Devin Carter, et al. v. City of Stockton, et al. (United States District Court Case No.
2:21-CV-00607-KJM-CKD)
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.

Department: City Attorney

3.2 22-1217 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.

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Department: City Attorney

3.3 22-1219 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.4 22-1221 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Attorney

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.5 22-1223 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk

This Closed Session is authorized pursuant to Government Code section 54957.

Department: City Attorney

3.6 22-1225 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

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***

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10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 23-0033

APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying Councilmember appointments to the Community Development Committee, Measure A Citizens' Advisory Committee, and Water Advisory Group Department: City Clerk
Attachment A - CDC Applications
Attachment B - Measure A Applications
Attachment C - WAG Application
Proposed Resolution - Appointments CC
Attachments:

12.2 23-0034 RATIFY APPOINTMENTS TO PLANNING COMMISSION Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying appointments to the Stockton Planning Commission.

Department: City Clerk
Attachment A - Redacted ApplicationsAttachments:

12.3 22-1184 AMENDMENT TO COMMUNICATIONS SITE LEASE AT VALVERDE

PARK IN NORTHEAST STOCKTON
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Authorizing an amendment of Communications Site Lease at Valverde Park between T-Mobile West Tower LLC and the City of Stockton; and

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

Department: Economic Development

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Attachment A - Vicinity Map
Attachment B - Council Resolution 02-0272
Attachment C - Valverde Park - T-Mobile Lease
Proposed Resolution - Lease Amendment
Exhibit 1 - First Amendment - Valverde Park
Attachments:

12.4 23-0018 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY CCP TASK FORCE’S PROGRAM ENHANCEMENT REQUEST,

ONE-TIME VEHICLE FUNDING, AND AMEND THE FISCAL YEAR
2022-23 ANNUAL BUDGET
Recommended Action:

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

1. Authorize the City Manager, or designee, to accept $327,115 in Fiscal Year (FY) 2022-23 AB 109 funding for the San Joaquin County Community Corrections Partnership Task Force;

2. Approve a program enhancement and one-time vehicle funding to the FY 2022-23 Annual Budget to increase the Police Other Special Revenue Fund, San Joaquin County Community Corrections Partnership Task Force revenue estimates and expenditure appropriations by $327,115;

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

Department: Police
Attachment A - AB109 Program Enhancement Request
Proposed Resolution
Attachments:

12.5 23-0038 ADOPT RESOLUTION TO APPROVE HIRING RAYNETTE CRINER,

STEPHANIE VALENTINE, AND KIM WASHINGTON AS RETIRED

ANNUITANTS
Recommended Action:

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

1. Authorizing the City Manager to employ retired annuitants Stephanie Valentine and Raynette Criner in temporary part-time positions as Police Telecommunicator II, and Kim Washington as a Police
Telecommunications Supervisor; and

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

Department: Police

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Proposed Resolution
Exhibit 1 - CS 23 New Hires
Attachments:

12.6 22-0907 APPROVE MOTION TO AUTHORIZE AMENDMENT NO. 2 FOR THE

TACTICS TRAFFIC CONTROL SYSTEM PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Execute Amendment No. 2 in the amount of $27,733.33 for one additional year of support with Western Systems, Inc., for the TACTICS Traffic Control System, Project No. WT15022.

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

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

Department: Public Works
Attachment A - Amendment No. 2Attachments:

12.7 22-0908 APPROVE MOTION TO EXECUTE AMENDMENT NO. 2 TO THE

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT FOR THE

NEW CITY HALL RENOVATIONS AND RELOCATION PROJECT
Recommended Action:

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

1. Execute Amendment No. 2 to Cooperative/Piggyback Purchase Agreement No. 422000200 with Haworth, Inc. to add $4,000,000 to the existing contract valuation for the New City Hall Renovations and Relocation, Project No. E016015.

2. Authorize the City Manager to execute Purchase Orders up to $4,000,000, including those that exceed the $100,000 Council limit individually, to carry out the next phase for the New City Hall Renovations and Relocation, Project No. E016015, associated with Amendment No. 2.

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

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Amendment 2
Attachments:

12.8 22-1073 APPROVE MOTION TO AWARD A SUPPLY CONTRACT FOR THE

PURCHASE OF HOT MIX ASPHALT

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Recommended Action:

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

1. Approve the specifications for the Purchase of Hot Mix Asphalt, Project No. WD23003.

2. Award a Supply Contract in the amount of $3,008,000 to Granite Construction Co. of French Camp, CA, for the Purchase of Hot Mix Asphalt, Project No. WD23003.

3. Authorize the City Manager to execute two optional one-year extensions to the original term of the Supply Contract, in the amount not to exceed $2,014,000, for a total amount of $5,022,000.

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

Department: Public Works
Attachment A - Contract
Attachment B - Funding Breakdown Over Contract Term
Attachments:

12.9 22-1172 ADOPT RESOLUTION TO AUTHORIZE THE LIGHTED CROSSWALK

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

1. Approve Notice of Exemption No. NOE33-22 under the California Environmental Quality Act for the Lighted Crosswalk Upgrades, Project No.

WT15026.

2. Approve the plans and specifications for the Lighted Crosswalk Upgrades, Project No. WT15026.

3. Transfer funds in the amount of $150,000 from the Traffic Signal Control System Program, Project No. WT15022 to the Lighted Crosswalk Upgrades, Project No. WT15026.

4. Award a Construction Contract in the amount of $795,688.25 to Ray's Electric of Oakland, CA, for the Lighted Crosswalk Upgrades, Project No.

WT15026.

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

Department: Public Works

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

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. NEW BUSINESS

15.1 23-0045
ACCEPT THE 2023 VAN BUSKIRK MASTER PLAN DESIGN
Recommended Action: RECOMMENDATION
It is recommended that the City Council accept by motion the Master Plan Design for the reuse of Van Buskirk Golf Course.

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

Department: Community Services
Attachment A - 2023 Van Buskirk Master Plan Design
PPT - 15.1 - Van Buskirk Master Plan Design
Attachments:

15.2 23-0050 EXECUTION OF A MEMORANDUM OF UNDERSTANDING RELATED

TO FUNDING FOR THE MOSSDALE TRACT AREA PROJECT AND
THE ISSUANCE OF THE 2022 ADEQUATE PROGRESS REPORT TO
CONFIRM A 200-YEAR URBAN LEVEL OF FLOOD PROTECTION

ADEQUATE PROGRESS FINDING FOR THE MOSSDALE TRACT
Recommended Action:

RECOMMENDATION
The San Joaquin Area Flood Control Agency is recommending that the Stockton City Council, by motion, delegate authority to the City Manager to execute a Memorandum of Understanding related to funding for the Mossdale Tract Area Project (Attachment A), thus allowing the San Joaquin Area Flood Control Agency to issue the 2022 Annual Adequate Progress Report Update for Urban Level of Flood Protection (2022 APR).

Department: City Manager
Attachment A - MOU
PPT - 15.2 - SJAFCA
Attachments:

15.3 22-1189 APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL

EMPLOYMENT COMMISSION

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Recommended Action:

RECOMMENDATION
Adopt a resolution appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2026.

Department: City Clerk
Attachment A - Redacted Applications
Proposed Resolution - CSC Appointment
Attachments:

16. HEARINGS**

16.1 22-1032 ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON

MUNICIPAL CODE AND A RESOLUTION APPROVING A

COMMISSION USE PERMIT FOR A PERSONAL MINI-STORAGE
FACILITY FOR PROPERTY LOCATED AT 530 E. MARKET STREET
(APN 149-130-18) (P21-1084)
Recommended Action:

RECOMMENDATION
It is recommended that City Council:

1. Find that no further environmental review is required per the California Environmental Quality Act (CEQA) pursuant to Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) and Section 15332 (In-fill Development Projects) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and

2. Adopt an Ordinance amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Section 16.20.020, Table 2-2 (Allowable land uses and permit requirements) and Section 16.80.200 (Mini-storage facilities); and

3. Adopt a Resolution approving a Commission Use Permit to establish a personal mini-storage facility at 530 E. Market Street, subject to conditions.

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

Department: Community Development

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Attachment A - Location, General Plan, and Zoning Map
Attachment B - Proposed Redline Ordinance
Attachment C - Project Plans
Attachment D - Similar Jurisdictions with Downtown Storage Facilities Attachment E - Radius Limitation Comparison
Attachment F - Neighborhood Meeting Notice
Attachment G - PC Resolution-2022-10-13-0501
Proposed Ordinance
Proposed Resolution - CUP
Exhibit 1 - Project Plans
PPT - 16.1 - Personal Mini Storage Facility Use P21-1084 Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

INFORMATIONAL ITEMS

1. 23-0029

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

Department: City Clerk
Audit 2022-09-12
CSC 2022-09-15
Homelessness 2022-09-15
Leg Committee 2022-07-20
Leg Committee 2022-08-17 - Copy
Leg Committee 2022-09-21
PC 2022-10-13
Attachments:

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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on January 19, 2023, 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

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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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12 City of Stockton
Legislation Text
File #: 23-0033, Version: 2

APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS

RECOMMENDATION
It is recommended that the City Council adopt a resolution ratifying Councilmember appointments to the Community Development Committee, Measure A Citizens’ Advisory Committee, and Water Advisory Group

DISCUSSION
Background
There are currently vacancies on the Community Development Committee, Measure A Citizens’ Advisory Committee, and Water Advisory Group. The City Clerk’s Office conducted a recruitment soliciting applications and Councilmembers have selected qualified applicants to fill those positions Community Development Committee
This Committee is a committee that provides the Council with recommendations on the planning and use of funds that the City receives from the U.S. Department of Housing and Urban Development, including Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant funds. As provided for in the Council-adopted Citizen’s Participation Plan, appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor. Appointments are for four years, except when an appointee is filling the remaining term of a vacated position. The only requirement to serve on the Committee is that the applicant must be a resident of the City of Stockton.

Measure A Citizens Advisory Committee
The mission of the Committee is to oversee the expenditure of revenues generated by Measure A and to make recommendations to the City Council regarding those expenditures as set forth in Measure B. Each member of the City Council shall nominate one member to the Committee. The members nominated are not required to be from specific Council Districts.

Water Advisory Group
The function of this body is to advise the Council Water Committee on current and future water issues impacting water, wastewater, and storm water utilities for the City of Stockton, including the review of the Department of Municipal Utilities monthly Operations and Maintenance Report. Each member of the City Council shall nominate one member to the Group. The members nominated are City of Stockton Printed on 1/19/2023Page 1 of 2
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13 File #: 23-0033, Version: 2
not required to be from specific Council Districts.

Present Situation
The newly elected Councilmembers have received applications to fill positions on these committees/commissions. Their recommendations listed below for appointment are being presented for ratification by the Council this evening.

Community Development Committee appointment to commence immediately upon appointment and end June 30, 2027:

District 5: Gurneel S. Boparai
Community Development Committee appointment to commence July 1, 2023 and end June 30, 2027:

District 3: Staci Braga
Measure A Citizens Advisory Committee appointment to commence immediately upon appointment and end January 31, 2027:

District 3: Anthony Mannor
Water Advisory Group appointments to commence immediately upon appointment and end January 31, 2027:

District 3: Kevin Kaufman

FINANCIAL SUMMARY
There is no remuneration for service on the above-mentioned Committees.

Attachment A - Community Development Committee Applications Attachment B - Measure A Applications
Attachment C - Water Advisory Group Applications
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14 Submit Date: Jan 10, 2023
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
2 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Gurneel S Boparai
Stockton CA
Gurneel S Boparai
Attachment A
15 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

Growing up, I spent many weekends and even school days working alongside my father at our family business on Charter Way. When we acquired our business, the previous owner, David Atwater, told us he could no longer compete with the increasing presence of mega-corporations in our city despite having originally developed the location decades ago in the 1970s. Time after time, I have seen countless local businesses succumb to the same pressures. Over the years, I have stood alongside many small business owners to lobby for permits and licenses as well as challenging proposals that would negatively their business. From grocery stores, department stores, smoke shops, liquor stores, restaurants, small trucking companies, and farming operations, virtually every industry has felt the impact of crushing corporate competition and legislation. Despite the grandeur of their entrances, they have left employees with lower wages or benefits than what was once provided by local owners, they have left buildings vacant after out- spending and pushing out local competition, and most over they have put an end to the American Dream for many. However, not all corporations are alike, there are those that allow for local investment, those that emphasize employee development and retention, and most over that give back to our local community. Without a singular demeanor, this threat cannot be simply labeled to a single group, this threat Gurneel S Boparai
Attachment A
16 can only be avoided with dedicated service to our local economy and community. This realization ignited my passion to remain involved and aware of affairs at the city, county, state, and federal levels of government. The very inception of this realization also led me to grow close to my community at a young age. I began volunteering with the Stockton Sikh Temple at the age of twelve years old, starting by serving hot meals at Sunday Service and afterwards to the homeless in South Stockton. Much of the youth realized that this was not enough, so we began to mobilize food distribution on a bi-weekly basis and clothing drives during the winter months alongside Saint Mary’s Dinning Hall. This service has been on-going now for well over a decade through the Sikh Pantry, those that grew up conducting this service have seen how the homeless have been impacted over the years due to various economic and social issues. I personally have realized how crucial it is to provide familial, addiction remedial, and youth services in order to prevent our community members from slipping into homelessness. Many of those in need have been cut off from their families, often due to drug abuse issues, or have lost their source of income with no family or support system to help them transition into new employment. The unfortunate presence of intoxicates in our community also has a deeply negative impact on our youth, putting them at greater risk of incarceration, unemployment, and potential homelessness. With proper services for our youth, we can ensure that they are shielded from negative influences and are properly developed for stable careers in our local economy. I believe the best way to do so is by investing in community members that are truly committed to providing these services through their organization or non-profit via various grants that are made available, as seen on the Community Development Committee. However, funding is not always available for all of these organizations and must be maximized by facilitating community-wide collaborations to avoid replicating services. My service with the Stockton Sikh Temple also began with serving asylum seekers that sheltered at the Temple. When they would first come and wait for their work permits, they would take jobs with local farmers, a trend that has been ongoing since the 1880s. Many of these asylum seekers would tell me how thankful they were for sheltering at the Temple as many other agricultural workers lived in camps of worn mobile homes and recreational vehicles. My grandfather would tell me how his uncle faced similar working conditions when he migrated to work on Californian railroads, levees, and farms in the late 19th century. We are well into the 21st century, yet those that put our food on our table experience unhealthy living and working conditions. To tackle this problem, it is crucial to support organizations like California Rural Legal Assistance and the Western Farm Workers Association to expedite work permit applications and serve farm worker camps with much needed resources. Expediting work permits for asylum seekers liberates them from limited work opportunities that may force them into lower pay and extensive work hours that can conflict with their immigration proceedings. As I have worked on my family farms in the Delta, I have seen how corporate powers are moving to automate the various stages in agricultural production, ultimately pushing out these farm laborers. As I have worked hand-in-hand with the irrigation agency and reclamation districts representing my family farms, I have also learned how water scarcity has benefited those corporations with mega-farms and major stakes in local water projects, forcing smaller family farms and their laborers to wither in man-made droughts. We must empower all forms of our workforce to garner the technical expertise that will be needed as agriculture becomes more high-tech and to develop infrastructure to meet the state’s ever increasing water demand. We must also be aware of the technical difficulties our current water systems experience, so we can properly advocate for improvements in infrastructure that reduces flooding, strengthens our levees, promotes storm water capture, provides clean drinking and environmental water for our community. Recently, I had the opportunity to staff Assemblymember Carlos Villapudua in both his district and capitol offices, focusing on community engagement, constituent casework, as well as legislative affairs for the Agriculture Committee; Transportation Committee; Jobs, Economic Development, and the Economy Committee; and the Water, Parks, and Wildlife Committee. At the start of the Assemblymember’s first term, tackling the COVID-19 pandemic was our top priority.

Based on constituent reporting, I took lead in dealing with issues related to unemployment claims, short- term disability claims, and the state’s Economic Development Department. Over the course of a couple months, I was able to assist almost two thousand constituents in getting their payments, preventing many from entering into homelessness. The Jobs, Economic Development, and the Economy Committee named me as third most effective EDD claims processor in the state, even outpacing the automated bot created for the department as reported by KTVU Fox. As I worked on similar district related matters, I remained just as dedicated to legislative efforts in any of my free time. I took on authoring and mobilizing a lobby of numerous small farmers, UC scientists and innovators for my own bill AB2412 to advance hi- tech irrigation systems for small farming operations that would save nearly a million acre-feet of water annually, all without the assistance of the Office of Legislative Council. I also worked on reviewing potential funding from the federal Infrastructure Investment and Jobs Act. I was able to identify, mobilize Gurneel S Boparai
Attachment A
17 constituents, and lobby for funding directed to the CalTrans Safe Streets Program, ultimately securing $20 million to bolster public safety on the Miracle Mile. These experiences demonstrated the power that arises when our constituents are united to conquer a common cause for the greater good of all. Much work remains to support our local agricultural and infrastructure systems, I hope by furthering my service I can continue to mobilize our constituents to achieve additional legislative and fiscal victories. I hope by serving on the Planning Commission and/or the Community Development Committee I can continue my dedication and service to my community. The planning commission serves a crucial role in our city and for our community, impacting the physical development of an area, from the infrastructure to the local economy and social welfare. To maximize the impact of the physical developments in our city, community development initiatives are needed to assist the homeless achieve security that aligns with the developments overseen by the planning commission. By providing access to education, job training, and financial assistance, homeless individuals can take steps towards achieving self-sufficiency, bettering our city’s chances at long-term economic stability. Communities that have engaging leaders, platforms, and programs help all that reside in our city by supporting safety in our communities, economic development, and the homeless who unfortunately reside people, ultimately maintaining a safe society and helping those in need. I believe my past experiences and my dedication to the City of Stockton will bring the engagement required to achieve betterment for our communities.

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

The planning commission serves as an important role in our city and for our community. It has a direct effect on the physical development of an area, from the infrastructure to the local economy and even social welfare. As a planning commissioner one must be knowledgeable of local planning principles, such as zoning, subdivision, historic preservation, and environmental protection. This includes an understanding of The Stockton Municipal Code (SMC), especially the Development Code (SMC Title 16) which is used to implement the Stockton General Plan as well as other codes and plans relevant to development of the city. They must be well versed in the application process and possess the ability to evaluate potential impacts of development and ensuring compliance with the SMC. This includes the understanding of the various permitting processes that occur within the city and those that must be approved by the planning commission such as those under for Buildings and Construction (SMC Title 15), Business Licenses and Regulation (SMC Title 5), and so forth. Often, various permits and developments come before the planning commission prior to reaching the City Council, place a great responsibility on commissioners to ensure the approval, or denial of a development or permit adheres to the rules and regulations of the city. This includes researching applicable laws, educating the public on said laws, attending and contributing to public meetings, participating in research and surveys, reviewing applications, making recommendations to the governing board, and implementing decisions. Additionally, they should remain current on national and regional issues that may affect their jurisdiction. A planning commissioner is also responsible for working with both residents and developers to promote responsible growth and development. This involves engaging in community outreach efforts to seek public input, attending public hearings to present research, and mediating disputes between homeowners and developers. The commissioner should serve as an advocate for the community by championing the most beneficial and equitable outcomes. Paired with proper civic service, our Planning commission can have a positive impact on our community, however negligent service can also have negative impacts. On the positive side, planning commissions can help shape areas in a positive manner. For example, if done correctly, they can create infrastructure that promotes economic growth, provide affordable housing, and promote public health. These effects are beneficial for everyone living in the area, including those who don't benefit directly from the projects. Planning commissions also tend to bring about improvements in the aesthetics of a city by promoting green space, quality architecture and well-designed public spaces.

These efforts require the planning commissioner to work alongside city staff and elected officials to make proper policy decisions, to help make improvements to public or private developments. This can include working with Franchises (SMC Title 11) contracted by the city, such as the electric, gas, or telephone franchises to expand public services to a new development. At the same time, planning commissions can have a negative impact when they do not take into account citizen needs and interests. This can lead to projects that displace existing communities or push out low-income families. In addition, poorly planned infrastructure can lead to traffic congestion, declining air and water quality, and an overall negative environment. This has been seen by the City of Stockton, only recently resolved over the recent years through the completion of three phases of an Inconsistency Review between the Zoning Code, Citywide Zoning Map, and General Plan Land Use Map, eliminate complex and contradicting land use Gurneel S Boparai
Attachment A
18 designations. It is clear that planning commissions have the potential to be either beneficial or detrimental to the development of an area. To maximize its positive impacts, the planning process must remain open and attentive to all voices in the community, from decision makers to residents. By ensuring that the public's interests are being heard and respected, the planning commission can work toward creating a better future for everyone in the community. Similar to the City’s Planning Commission, the Community Development Committee takes direction from The City of Stockton’s General Plan, specifically to promote community development, which can include housing, public infrastructure, transportation, arts, and historical preservation. The Community Development Committee must evaluate Housing Department data for project funding, review applications for Housing and Urban Development grants, and assess activities, needs, and support required for the city’s communities. Committee members must work closely with the City of Stockton Community Development Department to manage housing policies and regulation. This includes the current Shape Stockton policy, which focuses on creating neighborhood action plans for the South Airport Corridor, Little Manila & Gleason Park, Downtown Stockton, Miracle Mile, and the Stockton Channel to remove barriers to housing construction and improve zoning consistencies. Committee members must also work with the Economic Development Department’s Housing Division to administer funding through programs that create safe, sound, and affordable housing for Stockton residents.

Furthermore, community development initiatives and programs that help those struggling to find affordable housing can be incredibly beneficial in terms of long-term economic stability. Many individuals who are barely making ends meet are trying to make a better life for themselves and their families but lack the necessary resources to do so. By providing access to education, job training, and especially financial assistance, these individuals can take steps towards achieving self-sufficiency. Other programs, such as the DTA Parking Authority or the Bike Plan, can help facilitate the development of mixed-use, high density affordable housing by subsidizing the supply of public infrastructure and transportation to meet the ever-increasing demand. Collaborating with similar local agencies, like the San Joaquin County Housing Authority, can help maximize funds for affordable housing projects and eliminate redundancies in policies. Other plans, such as the Art Plan, can help provide meaning employment in our community while elevate the artistic expressions of our residents Housing and Urban Development grants can also help address homelessness and have a great impact in our society. Communities that have programs and support systems available to help people who are living on the streets are essential for maintaining a safe society and helping those in need. Serving the homeless is an act of kindness and compassion, as it ensures that everyone in the community has access to basic necessities such as food and shelter.

Additionally, engaging in community service activities to help the homeless can also help break down negative stereotypes of homelessness and inspire the rest of the community to use their own resources and networks to make a positive impact. Grants from the HUD can also be directed to assist local non- profit so long as they meet the grant criteria and are selected. Non-profits are generally better at serving the homeless than the government because they are typically better equipped to address the unique needs of this vulnerable population. Non-profits operate on a more localized level, which allows them to provide tailored services and resources to the homeless more efficiently than government entities that may have more bureaucratic red tape. They are better able to identify and respond to gaps in services and support, as well as innovate new strategies and approaches to better their services. Additionally, non- profits often rely on community volunteers and partnerships, which allows them to maximize their budget and do more with less. Furthermore, non-profit organizations have an intimate relationship with the homeless population due to their committed service. This allows them to better understand the needs of those in need and create meaningful and impactful change. Ultimately, the planning commissioner serves a key role in the local government by helping shape the future of the community. By utilizing sound research and analysis, actively engaging the community, and applying a fair and balanced approach, the commissioner can guide the development of a better, more livable community for all. Subsequently, community development, serving the homeless, promoting safe transportation, funding affordable housing, supporting the arts and culture are vital components of creating a flourishing and just society. By providing access to vital resources, breaking down stigmas, and fostering strong relationships, we can ensure that everyone has the opportunity to live safe, productive lives.

Have you served on an advisory group before?
Yes No
Gurneel S Boparai
Attachment A
19 Upload a Resume
How did you hear about the position?
I have been aware of the existence of the planning commission over my years of lobbying for the community. I also have been involved in local elections since my middle school years. With the recent election to our local city council, I was aware that commission and committee seats would be vacated.

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?
Yes 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? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

GB
Date Signed
1/10/2023
Gurneel S Boparai
Attachment A
20 Submit Date: Dec 20, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
1 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Staci N Braga
Stockton CA
Staci N Braga
Attachment A
21 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

My name is Staci Braga, I am a REALTOR and resident of Stockton. I am married and have 4 kids, my husband was born and raised in Stockton. My husband currently is a Correctional Sgt. at California Healthcare Correction Facility in Stockton. I currently am a Director for the California Association of REALTORs and sit on the board of Directors for Central Valley Association of REALTORS as well. I am the treasure of the Stockton Council of the Central Valley Association of REALTORS. I am a new resident to Stockton, and that is why I want to serve, I want to get involved with the city and help invest in this amazing town.

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

As a REALTOR, I know there are so many programs from the state and federal government that the city can use. I would love to be able to be a part of the building of Stockton's housing development and revitalization. I am very familiar with HUD programs, and often research them as well. I enjoy working as a team with people with different skill sets and perspectives. I would be honored to meet with residents and hear their concerns and help bridge that gap between the city officials and the community when it comes to housing in Stockton.

Staci N Braga
Attachment A
22 Have you served on an advisory group before?
Yes No
How did you hear about the position?
Michael Blower informed me of this position and thought I would be a great fit.

SB
Date Signed
12/20/2022
Staci N Braga
Attachment A
23 Submit Date: Apr 11, 2022
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
1 year
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
If you have checked “No”, please identify how you prefer to be contacted:

Email
Anthony Mannor
Stockton CA
Anthony Mannor
Attachment B
24 Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
If yes, please list
Measure A
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Employed as a Professional Visual Artist
Knowledge of new artistic & design expressions
Possess decision-making abilities
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I have been a business owner in Stockton for almost 20 years. I want to see Stockton become an economic powerhouse attracting business and residents interested in helping Stockton grow and develop to meet its potential.

Anthony Mannor
Attachment B
25 Upload a Resume
Please state the reason you would like to be a member of this board/commission.

I would like to contribute in a positive way to make Stockton a better place to live and do business. I see this as a way to be active in local government and an avenue to become an asset to my community.

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

Measure W Committee and Measure A Committee
How did you hear about the position?
City website.

A. M.

Anthony Mannor
Attachment B
26 Date Signed
11/17/2021
Anthony Mannor
Attachment B
27 Submit Date: Dec 20, 2022
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 2
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
4 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Kevin Kauffman
Stockton CA
Kevin Kauffman
Attachment C
28 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Water Advisory Group: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Question applies to Water Advisory Group
Do you reside within one of the Stockton Municipal Utilities' three utility service areas? Yes No
Question applies to Water Advisory Group
If yes, state which one:
water, sewer, and stormwater
Interests & Experiences
Please tell us about yourself and why you want to serve.

Former manager of Stockton East Water District, water resources consultant, and current partner of The Water Group, LLC that distributes and installs a groundwater recharge tool known as Parjana EGRP.

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

I have some time and I know the Water Committee can use my expertise and experience. I am currently the president of RD 1614's board of trustees.

Kevin Kauffman
Attachment C
29 Upload a Resume
Have you served on an advisory group before?
Yes No
How did you hear about the position?
Rotarian friend and City Council member elect Michael Blower 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?
Yes 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? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

KMK
Date Signed
12/20/22
Kevin Kauffman
Attachment C
30 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING MEMBERS TO CITY COMMITTEES AND

COMMISSIONS

Positions on these boards and commissions are directly appointed by City Councilmembers with terms that coincide with the appointing Councilmember; and

Terms on these boards and commissions have expired; and

Newly elected Councilmembers Michael Blower and Brando Villapudua have reviewed applications and have made nominations for appointments; now, therefore,

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

1. The following nominated member is found to meet the criteria for appointment and are authorized to serve as members on the Community Development Committee with appointments to commence immediately and end June 31, 2027:

District 5: Gurneel Boparai

2. The following nominated member is found to meet the criteria for appointment and are authorized to serve as members on the Community Development Committee with appointments to commence July 1, 2023 and end June 31, 2027:

District 3: Staci Braga

3. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Measure A Citizens Advisory Committee with appointments to commence immediately and end January 31, 2027:

District 3: Anthony Mannor

//
//
//
//
//
//
//

31 4. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Water Advisory Group with appointments to commence immediately and end January 31, 2027:

District 3: Kevin Kaufman

PASSED, APPROVED and ADOPTED January 24, 2023

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

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

32 City of Stockton
Legislation Text
File #: 23-0034, Version: 1

RATIFY APPOINTMENTS TO PLANNING COMMISSION

RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying appointments to the Stockton Planning Commission.

DISCUSSION
The General Municipal Elections held on November 8, 2022 and the authority provided in City Council Resolution 2022-12-13-1203, elected Councilmembers Michele Padilla, Michael Blower and Brando Villapudua to City Council seats representing Districts 1, 3 and 5. Positions on the Planning Commission coincide with the terms of the appointing Councilmember. There is also a vacancy for the seat representing the Office of the Mayor to be filled.

Charter Article XXIV requires that each Councilmember nominate a candidate from the district he/she represents to sit on the Planning Commission and the City Council ratifies the appointments. The term of office is four-years and may be reappointed for a second term but may not serve more than two consecutive terms.

Present Situation
The newly elected Councilmembers and Mayor have received applications to fill positions on the Planning Commission. Below are the recommendations presented to Council for ratification this evening.

Due to an immediate vacancy, the Mayoral Planning Commission term will begin immediately upon appointment and end January 31, 2027:

Mayoral: Greg M Thompson
District 1, District 3, and District 5 Planning Commission terms will begin February 1, 2023 and end January 31, 2027:

District 1: Rajan M. Nathaniel
District 3: Wesley Hull
District 5: Gurneel S. Boparai
City of Stockton Printed on 1/19/2023Page 1 of 2
powered by Legistar™
33 File #: 23-0034, Version: 1

FINANCIAL SUMMARY
There is no financial impact to the General Fund from the appointment of Planning Commissioners.

Planning Commissioners receive a $25 per meeting stipend and sufficient funding is available in account 048-1810-510 (Community Development).

Attachment A - Redacted Applications
City of Stockton Printed on 1/19/2023Page 2 of 2
powered by Legistar™
34 Submit Date: Jan 10, 2023
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
2 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Gurneel S Boparai
Stockton CA
Gurneel S Boparai
Attachment A
35 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

Growing up, I spent many weekends and even school days working alongside my father at our family business on Charter Way. When we acquired our business, the previous owner, David Atwater, told us he could no longer compete with the increasing presence of mega-corporations in our city despite having originally developed the location decades ago in the 1970s. Time after time, I have seen countless local businesses succumb to the same pressures. Over the years, I have stood alongside many small business owners to lobby for permits and licenses as well as challenging proposals that would negatively their business. From grocery stores, department stores, smoke shops, liquor stores, restaurants, small trucking companies, and farming operations, virtually every industry has felt the impact of crushing corporate competition and legislation. Despite the grandeur of their entrances, they have left employees with lower wages or benefits than what was once provided by local owners, they have left buildings vacant after out- spending and pushing out local competition, and most over they have put an end to the American Dream for many. However, not all corporations are alike, there are those that allow for local investment, those that emphasize employee development and retention, and most over that give back to our local community. Without a singular demeanor, this threat cannot be simply labeled to a single group, this threat Gurneel S Boparai
Attachment A
36 can only be avoided with dedicated service to our local economy and community. This realization ignited my passion to remain involved and aware of affairs at the city, county, state, and federal levels of government. The very inception of this realization also led me to grow close to my community at a young age. I began volunteering with the Stockton Sikh Temple at the age of twelve years old, starting by serving hot meals at Sunday Service and afterwards to the homeless in South Stockton. Much of the youth realized that this was not enough, so we began to mobilize food distribution on a bi-weekly basis and clothing drives during the winter months alongside Saint Mary’s Dinning Hall. This service has been on-going now for well over a decade through the Sikh Pantry, those that grew up conducting this service have seen how the homeless have been impacted over the years due to various economic and social issues. I personally have realized how crucial it is to provide familial, addiction remedial, and youth services in order to prevent our community members from slipping into homelessness. Many of those in need have been cut off from their families, often due to drug abuse issues, or have lost their source of income with no family or support system to help them transition into new employment. The unfortunate presence of intoxicates in our community also has a deeply negative impact on our youth, putting them at greater risk of incarceration, unemployment, and potential homelessness. With proper services for our youth, we can ensure that they are shielded from negative influences and are properly developed for stable careers in our local economy. I believe the best way to do so is by investing in community members that are truly committed to providing these services through their organization or non-profit via various grants that are made available, as seen on the Community Development Committee. However, funding is not always available for all of these organizations and must be maximized by facilitating community-wide collaborations to avoid replicating services. My service with the Stockton Sikh Temple also began with serving asylum seekers that sheltered at the Temple. When they would first come and wait for their work permits, they would take jobs with local farmers, a trend that has been ongoing since the 1880s. Many of these asylum seekers would tell me how thankful they were for sheltering at the Temple as many other agricultural workers lived in camps of worn mobile homes and recreational vehicles. My grandfather would tell me how his uncle faced similar working conditions when he migrated to work on Californian railroads, levees, and farms in the late 19th century. We are well into the 21st century, yet those that put our food on our table experience unhealthy living and working conditions. To tackle this problem, it is crucial to support organizations like California Rural Legal Assistance and the Western Farm Workers Association to expedite work permit applications and serve farm worker camps with much needed resources. Expediting work permits for asylum seekers liberates them from limited work opportunities that may force them into lower pay and extensive work hours that can conflict with their immigration proceedings. As I have worked on my family farms in the Delta, I have seen how corporate powers are moving to automate the various stages in agricultural production, ultimately pushing out these farm laborers. As I have worked hand-in-hand with the irrigation agency and reclamation districts representing my family farms, I have also learned how water scarcity has benefited those corporations with mega-farms and major stakes in local water projects, forcing smaller family farms and their laborers to wither in man-made droughts. We must empower all forms of our workforce to garner the technical expertise that will be needed as agriculture becomes more high-tech and to develop infrastructure to meet the state’s ever increasing water demand. We must also be aware of the technical difficulties our current water systems experience, so we can properly advocate for improvements in infrastructure that reduces flooding, strengthens our levees, promotes storm water capture, provides clean drinking and environmental water for our community. Recently, I had the opportunity to staff Assemblymember Carlos Villapudua in both his district and capitol offices, focusing on community engagement, constituent casework, as well as legislative affairs for the Agriculture Committee; Transportation Committee; Jobs, Economic Development, and the Economy Committee; and the Water, Parks, and Wildlife Committee. At the start of the Assemblymember’s first term, tackling the COVID-19 pandemic was our top priority.

Based on constituent reporting, I took lead in dealing with issues related to unemployment claims, short- term disability claims, and the state’s Economic Development Department. Over the course of a couple months, I was able to assist almost two thousand constituents in getting their payments, preventing many from entering into homelessness. The Jobs, Economic Development, and the Economy Committee named me as third most effective EDD claims processor in the state, even outpacing the automated bot created for the department as reported by KTVU Fox. As I worked on similar district related matters, I remained just as dedicated to legislative efforts in any of my free time. I took on authoring and mobilizing a lobby of numerous small farmers, UC scientists and innovators for my own bill AB2412 to advance hi- tech irrigation systems for small farming operations that would save nearly a million acre-feet of water annually, all without the assistance of the Office of Legislative Council. I also worked on reviewing potential funding from the federal Infrastructure Investment and Jobs Act. I was able to identify, mobilize Gurneel S Boparai
Attachment A
37 constituents, and lobby for funding directed to the CalTrans Safe Streets Program, ultimately securing $20 million to bolster public safety on the Miracle Mile. These experiences demonstrated the power that arises when our constituents are united to conquer a common cause for the greater good of all. Much work remains to support our local agricultural and infrastructure systems, I hope by furthering my service I can continue to mobilize our constituents to achieve additional legislative and fiscal victories. I hope by serving on the Planning Commission and/or the Community Development Committee I can continue my dedication and service to my community. The planning commission serves a crucial role in our city and for our community, impacting the physical development of an area, from the infrastructure to the local economy and social welfare. To maximize the impact of the physical developments in our city, community development initiatives are needed to assist the homeless achieve security that aligns with the developments overseen by the planning commission. By providing access to education, job training, and financial assistance, homeless individuals can take steps towards achieving self-sufficiency, bettering our city’s chances at long-term economic stability. Communities that have engaging leaders, platforms, and programs help all that reside in our city by supporting safety in our communities, economic development, and the homeless who unfortunately reside people, ultimately maintaining a safe society and helping those in need. I believe my past experiences and my dedication to the City of Stockton will bring the engagement required to achieve betterment for our communities.

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

These efforts require the planning commissioner to work alongside city staff and elected officials to make proper policy decisions, to help make improvements to public or private developments. This can include working with Franchises (SMC Title 11) contracted by the city, such as the electric, gas, or telephone franchises to expand public services to a new development. At the same time, planning commissions can have a negative impact when they do not take into account citizen needs and interests. This can lead to projects that displace existing communities or push out low-income families. In addition, poorly planned infrastructure can lead to traffic congestion, declining air and water quality, and an overall negative environment. This has been seen by the City of Stockton, only recently resolved over the recent years through the completion of three phases of an Inconsistency Review between the Zoning Code, Citywide Zoning Map, and General Plan Land Use Map, eliminate complex and contradicting land use Gurneel S Boparai
Attachment A
38 designations. It is clear that planning commissions have the potential to be either beneficial or detrimental to the development of an area. To maximize its positive impacts, the planning process must remain open and attentive to all voices in the community, from decision makers to residents. By ensuring that the public's interests are being heard and respected, the planning commission can work toward creating a better future for everyone in the community. Similar to the City’s Planning Commission, the Community Development Committee takes direction from The City of Stockton’s General Plan, specifically to promote community development, which can include housing, public infrastructure, transportation, arts, and historical preservation. The Community Development Committee must evaluate Housing Department data for project funding, review applications for Housing and Urban Development grants, and assess activities, needs, and support required for the city’s communities. Committee members must work closely with the City of Stockton Community Development Department to manage housing policies and regulation. This includes the current Shape Stockton policy, which focuses on creating neighborhood action plans for the South Airport Corridor, Little Manila & Gleason Park, Downtown Stockton, Miracle Mile, and the Stockton Channel to remove barriers to housing construction and improve zoning consistencies. Committee members must also work with the Economic Development Department’s Housing Division to administer funding through programs that create safe, sound, and affordable housing for Stockton residents.

Have you served on an advisory group before?
Yes No
Gurneel S Boparai
Attachment A
39 Upload a Resume
How did you hear about the position?
I have been aware of the existence of the planning commission over my years of lobbying for the community. I also have been involved in local elections since my middle school years. With the recent election to our local city council, I was aware that commission and committee seats would be vacated.

GB
Date Signed
1/10/2023
Gurneel S Boparai
Attachment A
40 Submit Date: Dec 21, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
1 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Wesley T Hull Jr.

Stockton CA
Wesley T Hull Jr.

Attachment A
41 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I was born in Stockton and attended Mable Barron, Lincoln Middle School and graduated from Lincoln High School. The only time have spent away from Stockton was during college for four years when in earned my degree in Urban Regional Planning and Development. I'm a past president of the Rotary Club of Stockton and in Rotary I've done many things to serve this community. Since I was born and raised in Stockton I feel that it is important for me to serve this Community and do anything I can do make it a better place to raise my two kids in.

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

I have lived in Stockton for nearly my entire life and feel I have a good understanding what our city needs in regard to leadership and direction. If I can serve the community on this board, I would hopefully doing my small part improving Stockton in the future.

Have you served on an advisory group before?
Yes No
Wesley T Hull Jr.

Attachment A
42 How did you hear about the position?
Council Person elect Michael Blower
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?
Yes 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? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

WTH
Date Signed
12/21/2022
Wesley T Hull Jr.

Attachment A
43 Submit Date: Dec 20, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
40 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Greg M Thompson
Stockton CA
Greg M Thompson
Attachment A
44 Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I was born and raised in Stockton and attended local schools. I am now raising my family in Stockton. I have a deep connection and admiration for the City and want to be in a position to give back and serve in the community.

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

I have a significant amount of interest and knowledge in real estate and development. I would like to see that the City of Stockton continues to pursue opportunities that benefits its citizens and positions Stockton as a premier location in California.

Have you served on an advisory group before?
Yes No
Greg M Thompson
Attachment A
45 Upload a Resume
If yes, please explain.

N/A
How did you hear about the position?
EJ Rogers / California Materials, Inc and Mayor Kevin Lincoln.

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?
Yes 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? Yes No
If yes, please explain
N/A
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:

GT
Date Signed
12/19/2022
Greg M Thompson
Attachment A
46 Submit Date: Jan 11, 2023
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 1
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
17 years
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Rajan M Nathaniel
Stockton CA
Rajan M Nathaniel
Attachment A
47 Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I was born and raised in Stockton, California, and attribute my experiences here as a key component of my identity. Here I would learn the meaning of community from city residents, explore the foundations of knowledge through public education, and discover my desire for public service by witnessing civic engagement in action. Simply, my desire to serve Stockton derives from a passion to give back the community that made me who I am. As we prepare for our locality to become the best city in America to live, raise a family, and grow a business, I seek to contribute my talents and aptitudes in pursuit of this vision. My educational background includes degrees from San Joaquin Delta College and Stanford University, and my professional experience ranges from government service to the private sector. This includes, but is not limited to, a previous board appointment by Stockton City Council, a role in Mayor Kevin Lincoln’s administration, and a senior advisor position to a former prime minister.

Rajan M Nathaniel
Attachment A
48 Please state the reason you would like to be a member of this board/commission.

Planning Commission: Effective city planning remains essential to achieve our collective goal of becoming the best city in America to live, raise a family, and grow a business. Specifically, zoning laws, permitting regulations, environmental standards, project analysis, and administering the general plan play a central role in the growth of Stockton. Community Development Committee: Reviewing Department of Housing and Urban Development applications for Community Development funds and providing project funding recommendations are also critical to our municipal development effort. I seek an appointment to these two entities to contribute my experiences towards building a better designed, more equitable municipality. The decisions made within this governing body directly mold the lives of Stocktonians present and future; for this reason, I can think of no better vector by which to serve this community.

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

California Correctional Health Care Services Citizens Advisory Committee (2019-2021) 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?
Yes 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? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Submit Application
Rajan M Nathaniel
Attachment A
49 Enter Your Initials:

RN
Date Signed
12/27/22
Rajan M Nathaniel
Attachment A
50 City of Stockton
Legislation Text
File #: 22-1184, Version: 1

AMENDMENT TO COMMUNICATIONS SITE LEASE AT VALVERDE PARK IN NORTHEAST

STOCKTON

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

1. Authorizing an amendment of Communications Site Lease at Valverde Park between T-Mobile West Tower LLC and the City of Stockton; and

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

Summary
City Council approved a Communications Site Lease Agreement in 2002 for Valverde Park (Attachment A - Vicinity Map) in Northeast Stockton (Attachment B - Resolution 02-0272 & Attachment C - Lease). An amendment to the lease is needed for a tower footprint expansion of 49 square feet.

DISCUSSION
Background
In April 2002, the City entered into a Communications Site Lease Agreement with Cingular Wireless (now T-Mobile) to lease approximately 240 square feet of Valverde Park for a wireless communication facility. Through changes in business names, assignments and mergers, T-Mobile West Tower LLC is currently the lessee as successor in interest to the original lessee, Cingular. The original agreement authorized a 5-year lease beginning January 31, 2003, with options to extend for five 5-year periods through January 30, 2033.

Present Situation
T-Mobile West Tower LLC leases 240 square feet of Valverde Park for a wireless communication facility. An amendment to the lease is needed for a tower footprint expansion of 49 square feet.

PUBLIC NOTICE
As required, a “Notice of Intent to Grant or Lease Real Property Interest” in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was advertised in The Record on January 13, 2023.

City of Stockton Printed on 1/19/2023Page 1 of 2
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51 File #: 22-1184, Version: 1

FINANCIAL SUMMARY
The current lease amount is $1,987.90 per month, which is earmarked for playground improvements.

At the commencement of each renewal period, the rent is increased by a percentage equal to the percentage increase in the Consumer Price Index. Revenues will be budgeted and received in the FY 2022-23 Economic Development Department Successor Agency Fund, Business Development Division.

Attachment A - Vicinity Map
Attachment B - Resolution 02-0272
Attachment C - Lease
City of Stockton Printed on 1/19/2023Page 2 of 2
powered by Legistar™
52 ATTACHMENT A
2418 Arden Lane
Cell Tower Location
53 02-0272
Resolution No. ___ _

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING A COMMUNICATIONS SITE LEASE AGREEMENT

BETWEEN THE CITY OF STOCKTON AND CINGULAR WIRELESS, LLC,

ON BEHALF OF PACIFIC BELL WIRELESS, LLC, FOR THE

CONSTRUCTION AND OPERATION OF A MINOR COMMUNICATIONS

FACILITY AT VALVERDE PARK IN NORTHEAST STOCKTON
WHEREAS, a Notice of Intention to Lease Public Property was duly published in The Record regarding City property (2418 Arden Lane), a portion thereof, to be leased to CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company, d/b/a/ CINGULAR WIRELESS; now, therefore,

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

1. That the City Manager is hereby authorized and directed to execute, on behalf of the City of Stockton, that certain "COMMUNICATIONS SITE LEASE AGREEMENT" between the City of Stockton ("CITY") and CINGULAR WIRELESS LLC, a Delaware limited liability company, on behalf of PACIFIC BELL WIRELESS, LLC, a Nevada limited liability company, d/b/a/ CINGULAR WIRELESS ("LESSEE"), for the purpose of constructing a minor communications facility at Valverde Park.

2. That said lease agreement shall commence with Lessee's commercial operation of its mobile/wireless communications facilities on the premises, or June 1, 2003, whichever is earlier, for a term of five (5) years.

3. That said lease agreement shall be renewed, at the request of Lessee, for five (5) successive terms of five (5) years each.

4. A copy of said lease agreement is attached as Exhibit A and incorporated herein by this reference.

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ATTACHMENT B
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93 ATTACHMENT C
94 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING EXECUTION OF AN AMEN DMENT TO

COMMUNICATIONS SITE LEASE WITH T-MOBILE AT VALVERDE PARK

In April 2002, the City entered into a Communications Site Lease Agreement with Cingular Wireless (now T-Mobile) to lease approximately 240 square feet of Valverde Park for a wireless communication facility; and

An amendment to the lease is needed for a tower footprint expansion of 49 square feet; now, therefore,

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

1. The City Manager of the City of Stockton is hereby authorized and directed to execute an amendment to the Communications Site Lease between T-Mobile West Tower LLC and the City of Stockton, a copy of which is attached hereto as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED and ADOPTED January 24, 2023 .

___________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

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

95 EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250 1

FIRST AMENDMENT TO

COMMUNICATIONS SITE LEASE AGREEMENT

THIS FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (the “First Amendment”) is made effective this ____ day of ______________, 20 22 (“Effective Date”), by and between CITY OF STOCKTON, a California municipality (hereinafter referred to as “Lessor”) and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as “Lessee”).

RECITALS
WHEREAS, Lessor and Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless (“Original Lessee”) entered into a Communications Site Lease Agreement dated April 24, 2002, a memorandum of which was recorded in the official records of San Joaquin County, California (“Official Records”) on July 3, 2002 at Document No. 2002-113798 (the “Lease”) whereby Original Lessee leased certain real property, together with access and utility easements, located in San Joaquin County, California from Lessor (the “Premises”), all located within certain real property owned by Lessor (“Lessor’s Property”); and
WHEREAS, T-Mobile West Tower LLC is currently the Lessee under the Lease as successor in interest to the Original Lessee; and
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and
WHEREAS, the Lease had an initial term that commenced on January 31, 2003 and expired on January 30, 2008. The Lease provides for five (5) extensions of five (5) years each, three (3) of which were exercised by Lessee. According to the Lease, the final extension expires on January 30, 2033; and
WHEREAS, Lessor and Lessee desire to amend the Lease on the terms and conditions contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as follows:

1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Lease.

2. First Additional Lease Area. The existing Premises is hereby expanded in size to include additional space, which consists of a forty-nine (49) square foot pa rcel of real property adjacent to the existing Premises at a location more particularly described on Exhibit A-1 attached hereto and shown on the Site Plan attached hereto as Exhibit B (the “First Additional Lease Area”). 96 EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250 2
The Premises, as expanded, is des cribed on Exhibit A-2 attached hereto. Notwithstanding anything to the contrary in this First Amendment, Lessee is not relinquishing any rights to any lease area, access easements, and/or utility easements that it possesses prior to the date of this First Amendment. In the event the location of any of Lessee’s or its sublessees’ existing improvements, utilities, and/or access routes are not depicted or described on the Site Plan and/or legal descriptions, Lessee’s leasehold rights and access and utility easement rights over such areas shall remain in full force and effect and the Premises shall be deemed to include such areas.

3. Right to Return the First Additional Lease Area. Lessee shall have the option, upon thirty (30) days prior written notice to Lessor, in its sole and absolute discretion, to return the First Additional Lease Area to the Lessor and to terminate the lease of the same by removing all improvements from the First Additional Lease Area and returni ng same to its condition as of the Effective Date, ordinary wear and tear excepted (the “Return of the First Additional Lease Area”).

4. Representations, Warranties and Covenants of Lessor. Lessor represents, warrants and covenants to Lessee as follows:
a) Lessor is duly authorized to and has the full power and authority to enter into this First Amendment and to perform all of Lessor’s obligations under the Lease as amended hereby. b) Lessee is not currently in default under the Lease, and to Lessor’s knowledge, no event or condition has occurred or presently exists which, with notice or the passage of time or both, would constitute a default by Lessee under the Lease. c) Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Lease as amended hereby, and ensure Lessee’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Lease as amended hereby.
d) Lessor acknowledges that the Premises, as defined, shall include any portion of Lessor’s Property on which communications facilities or other Lessee improvements exist on the date of this First Amendment.

5. Notices. Lessee’s notice address as stated in Section 17 of the Lease is amended as follows:

If to Lessee: With a copy to:

T-Mobile West Tower LLC T-Mobile West Tower LLC
12920 S.E. 38th Street c/o CCTMO LLC
Bellevue, WA 98006 Attn: Legal – Real Estate Department Attn: Leasing Administration 2000 Corporate Drive
Canonsburg, PA 15317

6. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9, or its equivalent, upon execution of this First Amendment and at such other times as may be reasonably requested by Lessee. In the event the Lessor’s Property is transferred, the succeeding Lessor shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in the rent to the new 97 EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250 3
Lessor. Lessor’s failure to provide the IRS Form W-9 within thirty (30) days after Lessee’s request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments.

7. Counterparts. This First Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument.

8. Remainder of Lease Unaffected. In all other respects, the remainder of the Lease shall remain in full force and effect. Any portion of the Lease that is inconsistent with this First Amendment is hereby amended to be consistent.

9. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this First Amendment in the Official Records at any time following the execution of this First Amendment by all parties here to. In addition, Lessee shall have the right in its discretion, to record a notice of lease, affidavit or other form to be determined by Lessee without Lessor’s signature in form and content substantially similar to the memorandum, to provide record notice of the terms of this First Amendment.
[Signature pages follow]

98 EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250 4
Lessor and Lessee have caused this First Amendment to be duly executed on the day and year first written above.

LESSOR:

CITY OF STOCKTON, a California
municipality

By:

Print Name:

Title:

Lessor affirms that this First Amendment was
approved at a duly noticed public meeting
held on ______________ 2023

[Lessee Execution Page Follows]
99 EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees
Business Unit #: 827250 5
This First Amendment is executed by Lessee as of the date first written above.

LESSEE:

T-MOBILE WEST TOWER LLC, a
Delaware limited liability company

By: CCTMO LLC, a Delaware limited
liability company
Its: Attorney In Fact

By:

Print Name:

Title:

100
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 2
Business Unit #: 827250

Exhibit A-1
(The First Additional Lease Area)

101
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 3
Business Unit #: 827250

Exhibit A-2
(The Premises, as expanded)

102
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 4
Business Unit #: 827250

Exhibit B
(Site Plan)

103
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 5
Business Unit #: 827250

PREPARED BY AND RECORDING
REQUESTED BY:

Weiss Brown, PLLC
6263 N. Scottsdale Rd., Suite 340
Scottsdale, AZ 85250

WHEN RECORDED MAIL TO:

T-Mobile West Tower LLC
c/o Post Closing – Recording
8020 Katy Freeway
Houston, TX 77024
Space above this line for Recorder’s Use
A.P.N. 090-170-56 Prior recorded document(s) in San Joaquin County, California:

July 3, 2002 at #2002-113798

MEMORANDUM OF FIRST AMENDMENT TO

COMMUNICATIONS SITE LEASE AGREEMENT

This document is exempt from the $75 Building Homes and Jobs Act Fee (per Government Code §27388.1) because:
 Document is a transfer of real property subject to the imposition of transfer tax  Document is a transfer of real property that is a residential dwelling to an owner‐ occupier
 Document is recorded in connection with an exempt transfer of real property (i.e., subject to transfer tax or owner‐occupied). If not recorded concurrently, provide recording date and document number of related transfer document:

Recording date Document Number
 The $225 per transaction cap is reached
 Document is not related to real property

104
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 6
Business Unit #: 827250

This Memorandum of First Amendment to Communications Site Lease Agreement is made effective this _____ day of ___________, 20 22 by and between CITY OF STOCKTON , a California municipality (hereinafter referred to as “ Lessor”) and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through its Attorney In Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as “Lessee”).

1. Lessor and Cingular Wireless LLC, a Delaware limited liability company, on behalf of Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless (“Original Lessee”) entered into a Communications Site Lease Agreement dated April 24, 2002, a memorandum of which was recorded in the official r ecords of San Joaquin County, California (“Official Records ”) on July 3, 2002 at Document No. 2002 -113798 (the “Lease”) whereby Original Lessee leased certain real property, together with access and utility easements, located in San Joaquin County, California from Lessor (the “ Premises”), all located within certain real property owned by Lessor (“ Lessor’s Property”). Lessor’s Property, of which the Premises is a part, is more particularly described on Exhibit B attached hereto.

2. T-Mobile West Tower LLC is currently the Lessee under the Lease as successor in interest to the Original Lessee.

3. The Lease had an initial term that commenced on January 31, 2003 and expired on January 30, 2008. The Lease provides for five (5) extensions of five (5) years each, three (3) of which were exercised by Lessee (each extension is referred to as a “Renewal Term”). According to the Lease, the final Renewal Term expires January 30, 2033.

4. Lessor and Lessee have entered into a First Amendment to Communications Site Lease Agreement (the “First Amendment”), of which this is a Memorandum, wherein the Premises was expanded by an additional area of forty-nine (49) square feet. A metes and bounds description of the Premises, as expanded, is attached hereto as Exhibit A.

5. The terms, covenants and provisions of the First Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee.

6. This Memorandum does not contain the social security number of any person.

7. A copy of the First Amendment is on file with Lessor and Lessee.

[Execution Pages Follow]
105
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 7
Business Unit #: 827250

IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessor and Lessee have caused this Memorandum to be duly executed on the day and year first written above.

LESSOR:

CITY OF STOCKTON, a California
municipality

By:

Print Name:

Title:

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

STATE OF )
) ss:

COUNTY OF )

On ___________________, 2022 before me, ____________________________________ (insert name and title of the officer), personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

[Seal]

106
EXHIBIT 1

Site Name: SA869 West Lane/Pyrenees Page 8
Business Unit #: 827250

LESSEE:

T-MOBILE WEST TOWER LLC, a Delaware
limited liability company

By: CCTMO LLC , a Delaware limited
liability company
Its: Attorney In Fact

By:

Print Name:

Title:

STATE OF )
) ss:

COUNTY OF )

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

WITNESS my hand and official seal.

Signature of Notary Public

[Seal]

107

Site Name: SA869 West Lane/Pyrenees Page 9
Business Unit #: 827250

EXHIBIT A
(Legal Description of Premises, as expanded)

108

Site Name: SA869 West Lane/Pyrenees Page 10
Business Unit #: 827250

EXHIBIT B
(Legal Description of Lessor’s Property)

Lessor's property of which Premises are a part is legally described as follows:

All that certain piece or parcel of land situate, lying and being in the City of Stockton, County of San Joaquin, State of California, more particularly described as follows:

Lot 604 of Fox Creek Unit No. 13, as said l ot is as designated and delineated on the map of Fox Creek Unit No. 13, filed for record in Book of Maps and Plats, Volume 25, at Page 9, San Joaquin County Records.

Contains 6.835 acres, more or less.

Commonly known as: 2418 East Arden Lane, Stockton, CA 95210

109
City of Stockton
Legislation Text
File #: 23-0018, Version: 1
ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY CCP TASK FORCE’S

PROGRAM ENHANCEMENT REQUEST, ONE-TIME VEHICLE FUNDING, AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET

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

1. Authorize the City Manager, or designee, to accept $327,115 in Fiscal Year (FY) 2022-23 AB 109 funding for the San Joaquin County Community Corrections Partnership Task Force;

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

Summary
The San Joaquin County Community Corrections Partnership (CCP) Task Force supports prison realignment through the use of a Problem-Oriented Policing (POP) model. The Task Force focuses on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders. The Task Force services each of the cities within San Joaquin County throughout the year based on identified needs.

While the CCP Task Force officers’ salaries have continued to rise, overtime, training, and equipment budgets have remained the same and no longer meet the needs of the team. The Stockton Police Department (SPD) Sergeant and two Task Force officers received a Memorandum of Understanding (MOU) salary increase effective July 1, 2022, with an estimated increase of $33,415 in FY 2022-23.

An ongoing salary enhancement is requested to match the salary increase. This program enhancement and one-time vehicle purchase request for $327,115 will fund increased salary, benefits, and overtime costs, provide funding to the training/equipment budget, and allow team members to attend the latest training as well as procure the needed supplies and equipment. Funds for the CCP Task Force are provided by state AB 109 Public Safety Realignment funding allocated by the San Joaquin County Community Corrections Partnership.

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File #: 23-0018, Version: 1

DISCUSSION
Background
California Assembly Bill 109 (AB 109) was intended to reduce the State’s prison population by shifting the responsibility of certain felons to local government. Implementation of AB 109 began in October 2011 and resulted in an increased number of offenders returning to local communities. After the implementation of AB 109, the City of Stockton and other cities within the County experienced an increase in crimes committed by previous offenders. Combined with reduced revenue, budgets, and staffing, local law enforcement has been challenged with adequately maintaining public safety services to members of the community.

The Task Force was established and funded through the San Joaquin County’s CCP AB 109 funding beginning in October 2012. The Task Force now consists of a core group staffed by an SPD Sergeant and officers from Stockton, Lodi, the San Joaquin County Sheriff’s office, and Manteca. The Task Force coordinates with other efforts resulting from the Marshall Plan on Crime and continues to be a valuable component in the overall mission to address crime and accomplish the City Council’s goal of increasing public safety. Previously, on July 12, 2022, with Resolution No. 2022-07-12-1208, the Stockton City Council approved the Independent Contractor Agreement between San Joaquin County and City of Stockton in the amount of $1,356,782 for AB 109 funding of the CCP Task Force.

There is an existing MOU outlining the operational goals of the Task Force. Through this document, the Task Force maintains the flexibility to respond to the needs of each community within San Joaquin County. Task Force members can function as a member of the team that moves from one city to another or as an individual officer in their home agencies.

Present Situation
The Task Force is comprised of a core group funded through the Agreement with San Joaquin County. A program enhancement and one-time vehicle purchase in the amount of $327,115 was submitted to the Community Corrections Partnership (CCP) Executive Committee for FY 2022-23, to provide additional funds to the Task Force. (Attachment A). The SPD was notified on December 14, 2022 that the CCP Executive Committee approved the program enhancement request and the one- time vehicle funding. The three new unmarked vehicles will be used to conduct surveillance and enforcement of suspects throughout the county in both urban and rural locations. The assigned officers are in their vehicles most of the day, four days a week and sometimes on overtime to work missions or investigations. With an average of 20,000 miles of driving per vehicle, on-going fuel and maintenance costs are included as a general fund expense.

FINANCIAL SUMMARY
City General Funds have not been used to support the Task Force. Task Force services provided by the outside agencies are reimbursed to the City on a quarterly basis. Staff is requesting revenue and expenditure budget be established in the Police Special Revenue Fund 260-261. This program enhancement of $91,915 and one-time vehicle funding request of $235,200 is being presented for approval. The three new unmarked vehicles will be purchased through Public Works Fleet with the one-time funding and on-going fuel and maintenance costs are included as a general fund expense.

Proposed Budget Line Items Proposed Budget Enhancement 2022-2023 Equipment $235,200
Salaries and Benefits $ 53,415
Training and Supplies $ 38,500
TOTAL $327,115
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File #: 23-0018, Version: 1
Proposed Budget Line Items Proposed Budget Enhancement 2022-2023 Equipment $235,200
Salaries and Benefits $ 53,415
Training and Supplies $ 38,500
TOTAL $327,115
Attachment A - FY22-23 AB109 Approved Program Enhancements Request and Approved One-time Request - San Joaquin County
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ATTACHMENT A
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ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPR

OVING THE SA N JOAQUIN COUNTY COMMUNITY
CORRECTIONS PARTNERSHIP (CCP) TASK FORCE’S PROGRAM

ENHANCEMENT REQUEST, APPROVE ONE-TIME VEH ICLE FUNDING, AND AMEND THE FISCAL YEAR 2022-23 ANNUAL BUDGET
Resolution No. 2022-07-12-1208 was approved on July 12, 2022, for the current Independent Contractor Agreem ent between San Joaquin Co unty and City of Stockton in the amount of $1,356,782 for the AB 109 funding of the CCP Task Force; and While the CCP Task Force officer’s salaries have continued to rise, overtime, training, and equipment budgets have remained the same and no longer meet the needs of the team; and
The Task Force team currently has six vehicles that are appr oximately ten years old with very high mileage and mechanical i ssues, while operations continue to be county-wide; and
This program enhancement request and one-time vehicle funds will help match the salary increase, and provide funding for training, equipment, and supplies; now, therefore,

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

1. The San Joaquin County CCP Ta sk Force’s Program Enhancement request and one-time vehicle funding, is hereby approved.

2. The City Manager, as Fiscal Agent for the law enforcement agencies of San Joaquin County, is authorized to acc ept $327,115 in Fiscal Ye ar (FY) 2022-23 the Police Other Special Revenue Funds.

3. The FY 2022-23 Annual Budget is amended to appropriate $327,115 in revenues and expenditures for the Police Other Special Revenue Funds CCP Task Force accounts as needed to carry out the purpose and intent of this action. //
//
//
//
//
//
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4. The City Manager is her eby authorized and directed to take whatever actions are necessary and appropriate to ca rry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED January 24, 2023 .

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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City of Stockton
Legislation Text
File #: 23-0038, Version: 1

ADOPT RESOLUTION TO APPROVE HIRING RAYNETTE CRINER, STEPHANIE VALENTINE,

AND KIM WASHINGTON AS RETIRED ANNUITANTS

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

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

Summary
Assembly Bill 340, the Public Employee Pension Reform Act of 2013 (“PEPRA”), went into effect on January 1, 2013. PEPRA includes California Government Code (CGC) Section 7522.56, which requires public agency retirees to wait 180 days after retirement before returning to work for any public agency. This waiting period can be waived if the City Council determines it is critical to fill a specific position. It is recommended that Council adopt the proposed resolution to document the criticality of the work and necessity of retired annuitant services to complete work for the public.

DISCUSSION
Background
Temporary staffing solutions, such as staffing agencies, are utilized by many different departments within the City of Stockton. However, in alignment with City Charter, Article XXV, Section 2501, all employees of the Police Department must be hired through Civil Service. In addition, Police Telecommunicators and Supervisors are highly specialized positions and are hired in accordance with the State of California Commission on Peace Officer Standards and Training (POST) standards.

Long-time employees, Kim Washington retired as a 9-1-1 Police Telecommunications Supervisor with 37 years of experience, November 26, 2022, Raynette Criner retired as a Police Telecommunicator II with 29 years of experience, September 15, 2022, and Stephanie Valentine will retire as a Police Telecommunicator II with 27 years of experience, January 20, 2023. This position requires special skills and training that experienced 9-1-1 Police Telecommunicators possess.

The 9-1-1 Police Telecommunications Center is experiencing a critical staffing shortage, with 12 vacant positions. The center is budgeted for 41 Telecommunicator Positions. The 911 center is City of Stockton Printed on 1/19/2023Page 1 of 3
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File #: 23-0038, Version: 1
currently operating with 29 full time Police Telecommunicators, four of the 29 are just beginning the 12-month training program and are not yet able to function as trained 9-1-1 Telecommunicators.

Once vacant positions are filled, it will still be a year before new hires are considered fully trained.

Present Situation
The City is currently a member of the California Public Employees' Retirement System (CalPERS) and therefore must follow all applicable California codes therein, specifically CGC §7522.56 [Conditions and Limitations on Service After Retirement]. Per CGC §7522.56 (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) (1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement.
(f)(1), “A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar.”
(g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.

To this end, Raynette Criner, Stephanie Valentine, and Kim Washington have not and will not receive unemployment insurance compensation nor have they received or will receive a retirement incentive.

Therefore, all requirements of government code 7522.56 have been met.

If approved by City Council, the City will seek approval from CalPERS to employ Raynette Criner, City of Stockton Printed on 1/19/2023Page 2 of 3
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File #: 23-0038, Version: 1
Stephanie Valentine, and Kim Washington, as retired annuitants, while actively recruiting to fill the positions permanently. CalPERS requires a resolution from the governing entity, the employment agreement, publicly available salary schedule, and status of the recruitment before employment begins. The Personnel Action Form (CS-23) reflects the conditions of employment (Exhibit 1 to the Resolution). As required by the California Government Code, all requirements of §7522.56 will be met.

FINANCIAL SUMMARY
The employment shall be limited to 960 hours per fiscal year and compensation paid cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties. The current hourly rate for Police Telecommunicator II is $27.77 hourly, and the current hourly rate for Police Telecommunications Supervisor is $34.71, which will be paid to Raynette Criner, Stephanie Valentine, and Kim Washington, if approved.

There is sufficient budget from salary savings in the FY 2022-23 Police Department General Fund, Telecommunications Program, Technical Support Telecommunications Division to cover the total cost of a retired annuitant at the hourly rate specified for up to a maximum of 960 hours. The total FY 2022-23 cost is estimated at $ 87,868 for salary and all related required position costs. No other incentive, compensation in lieu of benefit, or another form of compensation in addition to this hourly pay rate will be granted to the employee.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION PROVIDING CERTIFICATION TO SUPPORT AN EXCEPTION TO THE 180-DAY WAIT PERIOD PURSUANT TO GOVERNMENT CODE SECTION 7522.56 AND 21221(H)
In compliance with Government Code section 7522.56 the City Council must provide CalPERS this
certification resolution when hiring a retiree before 180 days has passed since his or her retirement date; and
Raynette Criner, retired from the City of Stockton in the position of Polic e Telecommunicator II, effective September 15, 2022. Stephanie Valentine, retired from the City of Stockton in the position of Polic
e Telecommunicator II, effective January 20, 2023.

Kim Washin
gton, retired from the City of Stockton in the position of Police Telecommunications
Supervisor, effective November 26, 2022; and
Section 7522.56
requires that post-retire ment employment comm ence no earlier than 180 days after the retirement date, without the necessary certification resolution; and Section
7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any
retirement-related incentive; and
The
City Council, the City of Stockton, Raynette Criner, Stephanie Valentine, and Kim Washington certify that Raynette Criner, Stephanie Valentine, and Kim Washington have not and will not receive a Golden Handshake or any other retirement-related incentive; and
The
City Council hereby authorizes the City Manager to employ Raynette Criner and Stephanie Valent
ine as part-time appointment retired annuitants to the positions of Police Telecommunicator II along with Kim Washington as a part-time appointment retired annuitant to the position of Polic
e Telecommunications Supervisor for the City of Stockton under Government Code
section 21221(h), effective February 1, 2023; and
An appointment under Gove rnment Code section 21221(h) requires active recruitment for a permanent replacement; and
The current status of this recruitment is active; and
This section 21221 (h)
appointment shall only be made once and therefore will end on June 30, 2024; and

The Personnel Action Form (CS-23) or appointment documents between Raynette Criner, Stephanie Valent ine, and Kim Washington and the City of Stockton have been reviewed by this body and are attached hereto; and
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No matter, issues, terms, or condition s related to thes e employment and appointments have been or will be placed on consent calendar; and The employments shall be limited to 960 hours per fiscal year; and The compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and The minimum monthly base salary for the Police Telecommunicator II position is $4,813.50 for which the hourly equivalent is $27.77, consiste nt with current part-time Police Telecommunicator II annuitants. The minimum monthly base salary for the Police Telecommunications Supervisor position is $6,016. 40 for which the hour ly equivalent is $34.71; and
The hourly rate paid to Raynette Criner and Stephanie Valentine will be $27.77.

The hourly rate paid to Kim Washington will be $34.71; and Raynette Criner, Stephanie Valentine, and Kim Washington have not received, and will not receive, any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; now, therefore,

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

1. The City Council hereby ce rtifies the nature of the employment of Raynette Criner, Stephanie Valentine, and Kim Washington as described herein and detailed in the attached Report on Personnel Action form (CS- 23) (Exhibit 1), attached hereto and incorporated by this reference; and

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

PASSED, APPROVED, and ADOPTED January 24, 2023_____.

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
129
D Payroll Use Only CITY OF STOCKTON REPORT ON PERSONNEL ACTION Last Name, First Name: Criner, Raynette Employee HTE#/Munis# 1133/ 100084 ----�-------------- Date Prepared: 12/27/22 Prepared by: jramirez
Regular Limited
Socia I Security Number:

Present Status:

Class Title: POSITION CONTROL # ---------- ------- D Probationary □ Regular D Provisional
D Temporary
D Annuitant
D Part time
Department:

Home Acct#:

HTE Acct#s:

Munis Acct#s:
o Non-comp
D At-Will
D Half time D 3/4 time
Unit Code: Grade: Step: ----------------------- ---------------- Rate $: ----------------
Location Code: Bargaining Unit _________ Add Pay:

Proposed Status: Regular Limited
Class Title: Program Specialist POSITION CONTROL # 11 794 D Probationary D Provisional D Temporary
llsl Annuitant
------- □ RegularDepartment: Police Department (PD)
Home Acct#: 010-2470-530.10-11
HTE Acct#s: 010-2470-530.10-11
Munis Acct#s: 3519-320-6100001-100-000-20-35-000-000-
□ Non-comp
D At Will
D Half time o 3/4 time
D Part time
Unit Code: N/A Grade 80B Step ___________ __.:__ ___ _
Rate $: 27.77/ hour
Location Code: 3599 Bargaining Unit _____ N_/A ___ _ �dd Pay: N/A ----------- ---- Effective Date: February 1, 2023
CHECK APPROPRIATE BOX(ES):

APPOINTMENT Requisition #:

D New Hire
D Re-Employment _5_o_9_7 _____ _
D Reinstatement llsl Rehire
LEAVES
D Workers Comp
D Military - Paid
D Military - Unpaid
D Leave Without Pay {LWOP)
D Suspension
D Pregnancy/FMLA
D FMLA
D Administrative Leave - Paid
D Administrative Leave - Unpaid
D Absent Without Leave (AWOL)
Multiple Positions - Part time

CHANGES
o Title Change
o Status
D Acct. Number
D Salary
D Transfer
D Promotion
o Demotion
D Return to Work
D Special Assignment
□ Acting Pay
□ Alternate Staffing
D Reclassification
(Overfill/Underfill)
o Reallocation
D CalPERS Enrollment

SEPARATIONS
□ Resignation
D Separation
D Rejection of Probationer
D Discharge / Termination
D Death
o Layoff
D Retirement - Service
D Retirement - Disability
D Retirement - IDR
Last Day on Payroll
Primary Title: Secondary Title: __________ Tertiary Title:

PAY OFFS
{Payroll Use Only}
Annual Leave
D
Sick Leave Balance
D
Comp Time
D
Uniform Allowance
D
Primary Rate$: Secondary Rate$: Tertiary Rate$: ----------- ---------- Position Control#: Position Control#: Position Control#: -------- Explanation: Rehire as Part-time Annuitant Program Specialist- Police Telecommunicator II. EE hire to be approved by Council 1/24/23.

Employee Signature: ----------------------------- Date: _______ _ Department Head: Date: ---------
Human Resources: Date: ---------
City Manager Signature: (if required) Date:

For Human Resources Use Only
Group Tier Level ABT Code Benefit Code Deduction Code Benefits Initial/Date Benefits 2nd Review Safety: Police□ Fire: D Initial/Date
Misc: □ I II Ill
CS-23 1st Review/Date Analyst Review/Date E-Verify/Date Update NeoGov/Date To Payroll/Date Update HTE/Date 2nd Review History of HTE/Date Card/Date
G:\COS\Forms\Omniform\CS-23 Last Revised 01/27/2022
EXHIBIT 1
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D Payroll Use Only CITY OF STOCKTON REPORT ON PERSONNEL ACTION Last Name, First Name: Valentine, Stephanie Employee HTE#/Munis# 1211/ 100113 ---------'------'-------------- Date Prepared: 12/27/22 Prepared by: jramirez
Regular Limited
Socia I Security Number:

Present Status:

Class Title: __________ POSITION CONTROL# ______ _ □ Probationary □ Regular □ Provisional
Department:

Home Acct#:

HTE Acct#s:

Munis Acct#s:
□ Non-comp
D At-Will
□ Half time □ 3/4 time
Unit Code: Grade:
□ Temporary
□ Annuitant
□ Part time
Step:----------------------- ----------------
Rate $: ----------------
Location Code: Bargaining Unit _________ Add Pay:

Proposed Status:

Class Title: Program Specialist
Department: Police Department (PD)
Home Acct#: 010-24 70-530 .10-11
HTE Acct#s: 010-2470-530.10-11
POSITION CONTROL# 11794 -------
Regular
□ Probationary
□ Regular
□ Non-comp
o At Will
□ Half time □ 3/4 time
Limited
□ Provisional
D Temporary
181 Annuitant
□ Part time
Munis Acct#s: 3519-320-610001-100-000-20-35-000-000- Unit Code: N/A Grade 808 Step ----------------- Rate $: 27.77/ hour
Location Code: 3599 Bargaining Unit _____ N-'--/A ___ _ idd Pay: N/ A --------------- Effective Date: February 1, 2023
CHECK APPROPRIATE BOX(ES):

APPOINTMENT Requisition #:

D New Hire
D Re-Employment _6_0_9_8 _____ _
D Reinstatement 181 Rehire
LEAVES
D Workers Comp
□ Military - Paid
D Military - Unpaid
D Leave Without Pay (LWOP)
□ Suspension
□ Pregnancy/FMLA
□ FMLA
D Administr ative Leave - Paid
D Administrative Leave - Unpaid
□ Absent Without Leave (AWOL)
Multiple Positions - Part time

CHANGES
□ Title Change
□ Status
□ Acct. Number
D Salary
□ Transfer
D Promotion
□ Demotion
D Return to Work
□ Special Assignment
□ Acting Pay
□ Alternate Staffing
□ Reclassification
(Overfill/Underfill)
□ Reallocation
D CalPERS Enrollment

SEPARATIONS
D Resignation
□ Separation
D Rejection of Probationer
□ Discharge / Termination
□ Death
□ Layoff
D Retirement - Service
□ Retirement - Disability
□ Retirement - IDR
Last Day on Payroll
Primary Title: Secondary Title: Tertiary Title: ----------

PAYOFFS
_(Payroll Use Only)
Annual Leave
□ --------
Sick Leave Balance
□
Comp Time
□ -------
Uniform Allowance
□
Prim a r y Rate$: __________ Secondary Rate$: Tertiary Rate$: ________ _ Position Control#: Position Control#: Position Control#:

Explanation: Rehire as Part-time Annuitant Program Specialist- Police Telecommunicator II. EE hire to be approved by Council 1/24/23.

Employee Signature: ----------------------------- Date: _______ _ Department Head: Date: ---------
Human Resources: Date: _______ _
City Manager Signature: (if required) Date:

For Human Resources Use Only
Group Tier Level ABT Code Benefit Code Deduction Code Benefits Initial/Date Benefits 2nd Review Safety: Police D Fire: D Initial/Date
Misc: □ I II 111
CS-23 1st Review/Date Analyst Review/Date E-Verify/Date Update NeoGov/Date To Payroll/Date Update HTE/Date 2nd Review History of HTE/Date Card/Date
G:\COS\Forms\Omniform\CS-23 Last Revised 01/27/2022
EXHIBIT 1
131
D Payroll Use Only CITY OF STOCKTON REPORT ON PERSONNEL ACTION Last Name, First Name: Washington, Kim Employee HTE#/Munis# 7355/ 100013 ---�--------------- Date Prepared: 12/27/22 Prepared by: jramirez
Regular Limited
Socia I Security Number:

Present Status:

Class Title:

POSITION CONTROL # ---------- ------- □ Probationary
□ Regular D Provisional
Department:

Home Acct#:

HTE Acct#s:

Munis Acct#s:
□ Non-comp
D At-Will
□ Half time □ 3/4 time
Unit Code: Grade:
□ Temporary
□ Annuitant
□ Part time
Step: ----------------------- ----------------
Rate $: ----------------
Location Code: Bargaining Unit Add Pay:

Proposed Status: Regular Limited
Class Title: Program Specialist
Department: Police Department (PD)
Home Acct#: 010-2470-530.10-11
POSITION CONTROL# 11794 D Probationary
D Regular
D Provisional
□ Temporary
� Annuitant
-------
HTE Acct#s: 010-2470-530.10-11
Munis Acct#s: 3519-320-610001-100-000-20-35-000-000-
D Non-comp
o At Will
□ Half time □ 3/4 time
□ Part time
Unit Code: N/A Grade 80B Step -----------------
Rate $: 34. 71 / hour
Location Code: 3599 Bargaining Unit ____ :....:Nc..:../A-'----- �dd Pay: N/A --------------- Effective Date: February 1, 2023
CHECK APPROPRIATE BOX(ES):

APPOINTMENT Requisition #:

D New Hire
D Re-Employment _4_8_0_1 _____ _
□ Reinstatement � Rehire
LEAVES
□ Workers Comp
□ Military - Paid
□ Military - Unpaid
D Leave Without Pay (LWOP)
□ Suspension
□ Pregnancy/FMLA
□ FMLA
D Administrative Leave - Paid
D Administrative Leave - Unpaid
□ Absent Without Leave (AWOL)
Multiple Positions - Part time

CHANGES
□ Title Change
D Status
□ Acct. Number
□ Salary
D Transfer
□ Promotion
□ Demotion
□ Return to Work
D Special Assignment
D Acting Pay
□ Alternate Staffing
□ Reclassification
(Overfill/Underfill)
□ Reallocation
D CalPERS Enrollment

SEPARATIONS
□ Resignation
□ Separation
□ Rejection of Probationer
□ Discharge / Termination
□ Death
□ Layoff
□ Retirement - Service
D Retirement - Disability
□ Retirement - IDR
Last Day on Payroll
Primary Title: Secondary Title: Tertiary Title: ---------- {Payroll Use Only}
Annual Leave
□
Sick Leave Balance
□
Comp Time
□
Uniform Allowance
□
Prim a ry Rate$: __________ Secondary Rate$: Tertiary Rate$: ________ _ Position Control#: Position Control#: Position Control#: -------- Explanation: Rehire as Part-time Annuitant Program Specialist- Police Telecommunications Supervisor. EE hire to be approved by Council 1/24/23.

Employee Signature: ----------------------------- Date: _______ _ Department Head: Date: --------
Human Resources: Date: ________ _
City Manager Signature: (if required) Date:

For Human Resources Use Only
Group Tier Level ABT Code Benefit Code Deduction Code Benefits Initial/Date Benefits 2nd Review Safety: Police D Fire: D Initial/Date
Misc: □ I II Ill
CS-23 1st Review/Date Analyst Review/Date E-Verify/Date Update NeoGov/Date To Payroll/Date Update HTE/Date 2nd Review History of HTE/Date Card/Date
G:\COS\Forms\Omniform\CS-23 Last Revised 01/27/2022
EXHIBIT 1
132
City of Stockton
Legislation Text
File #: 22-0907, Version: 1
APPROVE MOTION TO AUTHORIZE AMENDMENT NO. 2 FOR THE TACTICS TRAFFIC

CONTROL SYSTEM PROJECT

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

1. Execute Amendment No. 2 in the amount of $27,733.33 for one additional year of support with Western Systems, Inc., for the TACTICS Traffic Control System, Project No. WT15022.

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

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

Summary
The City has been using Siemens TACTICS traffic signal controllers and traffic management system software for over 15 years. TACTICS software is used to manage a network of 280 of the City’s traffic signal controllers. On January 29, 2020, a Professional Services Contract, in the amount of $66,900, with Western Systems, Inc., of Everett, WA, was approved administratively for technical support for the TACTICS Traffic Control System, Project No. WT15022. The original contract term was through February 28, 2022. Amendment No. 1 in the amount of $27,380 extended contract services to January 31, 2023, for a total contract amount of $94,280.

The contract with Western Systems, Inc. is scheduled to expire on January 31, 2023. Staff plans to transition to another traffic management software within the year but will still need one year of service from Western Systems, Inc. to facilitate the transition.

Staff recommends approval of Amendment No. 2 in the amount of $27,733.33 for one additional year of support from Western Systems, Inc. for the TACTICS Traffic Control System, Project No. WT15022 (Attachment A) through January 31, 2024. The total contract amount with both amendments is $122,013.33.

DISCUSSION
Background
The City has been using Siemens traffic signal controllers and traffic management system software for over 15 years. The signal network is centrally managed using Siemens TACTICS. This allows City of Stockton Printed on 1/19/2023Page 1 of 3
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File #: 22-0907, Version: 1
traffic engineering staff to remotely monitor and control and/or modify traffic signal operations which includes signal timing changes and sending time-of-day commands to field controllers.

TACTICS software is used to manage a network of 280 of the City’s traffic signal controllers. The signal network is comprised of servers and workstations used for remote and local management of traffic signals. It is crucial for the City to keep the system running and up to date to ensure City staff have full adequate control of the traffic signal systems that impact the traveling public.

The City posted a Request for Proposals (RFP) for professional services to support TACTICS on October 3, 2019. On October 24, 2019, one proposal was received from Western Systems, Inc. (Everett, WA) who has the qualifications necessary for the scope of services. Staff also reviewed the circumstances for the lack of responses to the RFP and found that Western Systems, Inc. is the only authorized provider of TACTICS software for California. Therefore, there are likely no other proposers that would respond to an RFP for purchase or services of TACTICS.

On January 29, 2020, the City Manager approved a contract for $66,900 for two years of services to support TACTICS. The scope of support services includes on-site software installation, routine maintenance, and remote access to troubleshoot technical issues. The original contract expiration date was February 28, 2022, and allowed for extension by mutual agreement.

Staff still required services for TACTICS past the original expiration date. Consequently, Amendment No. 1 was approved in the amount of $27,380, which extended contract services to January 31, 2023, for a total contract amount of $94,280.

Present Situation
The current Professional Services Contract with Western Systems, Inc. to support the TACTICS traffic management system will expire on January 31, 2023. Amendment No. 2 is required to extend services for TACTICS one additional year.

Staff recently conducted an evaluation of traffic management software alternatives to TACTICS. The study of alternative controller and/or traffic management software identified KITS advanced traffic management system software as the preferred software moving forward for the City. City staff anticipates transitioning to KITS in the next year. Consequently, staff will need to extend services for TACTICs one more year while staff transitions to using KITS.

Staff recommends that Council approve a motion authorizing Amendment No. 2 in the amount of $27,733.33 for one additional year of support to January 31, 2024, with Western Systems, Inc. for the TACTICS traffic control system (Attachment A). The total contract amount with both amendments is $122,013.33.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process for contracts over $100,000. As Amendment No. 2 increases the total contract value to $122,013.33, the following findings are presented:

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1. The City does not have sufficient staff resources to support the citywide traffic management system TACTICS software.

2. The current Professional Services Contract with Western Systems, Inc. to support the TACTICS traffic management system was procured using an RFP process that relied on the evaluation of professional qualifications and performance as the basis for selection of this vendor. Use of the criteria helps ensure selection of a vendor that provides the highest quality professional service, which is in the public interest.

3. The City negotiated the original contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There are sufficient funds available in the Traffic Control System Program, Project No. WT15022, Account No. 4570-000-800007-300-00-30-45-000-000, to authorize Amendment No. 2 in the amount of $27,733.33 with Western Systems, Inc. With the approval of Amendment No. 2, the revised contract amount with Western Systems, Inc. is increased to $122,013.33.

There is no additional impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.

Attachment A - Amendment No. 2 with Western Systems, Inc.

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136
1 of 2
Quotation
1122
Industry Street, Bldg. B, Everett, WA 98203
Phone: (425) 438-1133 | Fax: (425) 438-1585
Date Quote
# Rev
#
09/08/22 Q-09894
Project Agency:

Tactics
Renewal Yunex 360 City
of Stockton, CA
Prepared
For: To
place an order:

Contact: Dennis
Yep Phone:
(209)
937-8825 Contact: Eric
Nordby
Company: City
of Stockton, CA Phone: (916)
886-0730
Email: [email protected] Fax: (425)
438-1585
Address: 1465
S Lincoln St Email: [email protected]
City/State: Stockton,
CA 95206 *This
order is subject to the terms & conditions
Qty Part
# Description Unit
Price Ext.

Price
1 4750000014
Yunex
360 Support Services, 280 intersections, 1-Year
(February 1st, 2023 through January 31st, 2024) Contract Renewal. TACTICS Updates (Includes 1 On-Site Installation Per Year)SEPAC Updates (Installation Not Included)Telephone Support, Email Support, Bug Fixes.
$27,733.33 $27,
733.33
Terms: Subtotal $27,
733.33
Freight
Terms: Shipping $0.
00 Material
Lead Time: Tax 0.00%
See
General Conditions below for exceptions and
changes
to freight
and lead time policies
Grand
Total $27,
733.33

EXHIBIT A

ATTACHMENT A
137
City of Stockton
Legislation Text
File #: 22-0908, Version: 1
APPROVE MOTION TO EXECUTE AMENDMENT NO. 2 TO THE COOPERATIVE/PIGGYBACK

PURCHASE AGREEMENT FOR THE NEW CITY HALL RENOVATIONS AND RELOCATION

PROJECT

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

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

Summary
The New City Hall Renovations and Relocation project site is located at 501 and 509 West Weber Avenue, at the northwest corner of Weber Avenue and Lincoln Street (Attachment A - Vicinity Map).

The project will renovate two five-story buildings (one building includes a basement) including on- and off-site improvements as well as to relocate the majority of City departments into the buildings.

On May 3, 2022, Council awarded the Construction Contract to Roebbelen Contracting, Inc.

On June 22, 2021, Council adopted Resolution No. 2021-06-22-1201 authorizing the City Manager to execute Cooperative/Piggyback Purchase Agreement No. 422000200 through the OMNIA Partners Master Agreement with service provider Haworth, Inc. The contract is for general citywide purchase of furniture, installation, and other related services. On August 31, 2021, Amendment No. 1 was executed to include Durst Office Interiors, Inc. of Stockton, CA (Durst).

Staff recommends that Council approve a motion authorizing the City Manager to execute Amendment No. 2 to Cooperative/Piggyback Purchase Agreement No. 422000200 with Haworth, Inc. to add $4,000,000 to the existing contract valuation to furnish New City Hall and relocate the various departments (Attachment B). Staff will be utilizing Durst for move planning, assessment of existing furniture, removal and re-installation of re-used furniture, and installation of new furniture for New City Hall. Staff will be completing the departmental moves and furnishing of New City Hall in coordinated stages which will require individual task Purchase Orders to complete, presently estimated at $4,000,000.

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Staff further recommends that Council approve a motion authorizing the City Manager to execute Purchase Orders up to $4,000,000, including those that exceed the $100,000 Council limit individually. The cumulative total of all Purchase Orders shall not exceed $4,000,000 without Council approval.

DISCUSSION
Background
The New City Hall Renovations and Relocation project site is located at 501 and 509 West Weber Avenue, at the northwest corner of Weber Avenue and Lincoln Street (Attachment A - Vicinity Map).

The project will renovate two five-story buildings (one building includes a basement) including on- and off-site improvements. On May 3, 2022, Council awarded the Construction Contract to Roebbelen Contracting, Inc. The New City Hall Renovation and Relocation project is presently in the demolition phases of work. Staff is now beginning the process of coordinating the movement of staff, furnishings, and equipment into New City Hall. This will require separate contracts to identify the scope of items to be purchased and installed in conjunction with the project and moving of staff.

On June 22, 2021, Council adopted Resolution No. 2021-06-22-1201 authorizing the City Manager to execute Cooperative/Piggyback Purchase Agreement No. 422000200 through the OMNIA Partners Master Agreement with service provider Haworth, Inc. The contract is for general citywide purchase of furniture, installation, and other related furniture services and is limited to $2,050,000. The contract term ends December 31, 2024, with two possible one-year extensions.

On August 31, 2021, Amendment No. 1 was executed to include Durst of Stockton, CA, as it is the local authorized dealer for Haworth, Inc. Staff will be utilizing Durst for move planning, assessment of existing furniture, removal and re-installation of re-used furniture, and installation of new furniture.

Present Situation
The next steps for the New City Hall Renovations and Relocation project are to identify and purchase new furniture products, remove and relocate the existing reusable furniture products from each department, and reinstall all in the renovated buildings of New City Hall. The services to be provided by Durst necessary to implement these steps include but are not limited to:
· Project and Move Management Services;
· Confirm existing furnishings inventory;
· Confirm new office furnishings to be purchased from Haworth, Inc. (an OMNIA Partners supplier);
· Complete installation drawings for furnishings and fixtures to be installed; · Install new and used furnishings for each department and coordinate power and voice/data needs for installed furnishings; and
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· Coordinate move sequence and logistics of department moves.

The project has a $4,000,000 budget allocated to furnish New City Hall and relocate the various departments. Staff is proposing to utilize existing Cooperative/Piggyback Purchase Agreement No. 422000200 with Haworth, Inc. for furniture, installation services, and other related furniture products and services through the OMNIA Partners Master Agreement with service provider Haworth, Inc.

This contract contains all services needed for relocation of staff to New City Hall.

The Cooperative/Piggyback Purchase Agreement is designed to meet agency purchasing guidelines and was created through a competitive request for proposals. It includes Durst as a local authorized dealer that has considerable experience with City of Stockton standards. Durst has extensive knowledge of our existing inventory of furnishings in all the departments that are relocating to the new City Hall. In addition, their understanding of City needs and direct access to Haworth, Inc. in securing the furnishings will assist in keeping the project on-track for opening.

Staff recommends that Council approve a motion authorizing the City Manager to execute Amendment No. 2 to Cooperative/Piggyback Purchase Agreement No. 422000200 with Haworth, Inc. to add $4,000,000 to the existing contract valuation to furnish New City Hall and relocate the various departments. Staff will be completing the staff moves and furnishing of New City Hall in coordinated pieces which will require individual task Purchase Orders to complete the move of staff. Staff further recommends that Council approve a motion authorizing the City Manager to execute Purchase Orders up to $4,000,000, including those that exceed the $100,000 Council limit individually. The cumulative total of all Purchase Orders shall not exceed $4,000,000 without Council approval.

FINANCIAL SUMMARY
There are sufficient funds available in the New City Hall Renovations and Relocation, Project No.

E016015, Account No. 4510-000-800007-300-00-30-45-000-000, to authorize Amendment No. 2 up to the amount of $4,000,000 with Haworth, Inc.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
Attachment B - Amendment No. 2 with Haworth, Inc.

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- VICINITY MAP -

NEW CITY HALL RENOVATIONS AND RELOCATION
Project No. E016015
Project Location
LEGEND:

NEW CITY HALL

ATTACHMENT A
141
1
(Rev. 4.15.22)

CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
This Amendment Number 2 to the above referenced Agreement is entered into on ____________, 2022, between the City of Stockton (“City”) and Haworth, Inc. “Contractor”.

RECITALS
Paragraph 2 of the Cooperative/Piggyback Purchase Agreement states that the contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card, (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

Section 1 of the Cooperative/Piggyback Purchase Agreement states that the Agreement may be amended only by a written amendment, consistent with the COOP, signed by the Contractor and City.

The City needs to increase the Compensation, Not to Exceed amount in Section 3 of the Cooperative/Piggyback Purchase Agreement by $4,000,000 to furnish the New City Hall and relocate the various departments.

Now therefore, the City and the Contractor mutually agree as follows:

1. The maximum not to exceed amo unt to be paid to the Contractor, including if authorized, reimbursement of expenses, in Section 3 of the Cooperative/Piggyback Purchase Agreement, will now read as follows:

1.1 The maximum not to exceed amount in Section 3 of the Cooperative/Piggyback Purchase Agreement, is amended to: $6,050,000.

All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Haworth, Inc.
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address

CITY OF STOCKTON
_____________________________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
_____________________________________________________________________________________________ Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, Acting City Attorney
BY:

Agreement Number: Amendment
Number:
422000200 2
September 15
Matthew Corl - Manager of Pricing & Contracts
One Haworth Center, Holland MI 49423
9/15/2022

ATTACHMENT B
142
City of Stockton
Legislation Text
File #: 22-1073, Version: 1

APPROVE MOTION TO AWARD A SUPPLY CONTRACT FOR THE PURCHASE OF HOT MIX

ASPHALT

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

1. Approve the specifications for the Purchase of Hot Mix Asphalt, Project No. WD23003.

2. Award a Supply Contract in the amount of $3,008,000 to Granite Construction Co. of French Camp, CA, for the Purchase of Hot Mix Asphalt, Project No. WD23003.

3. Authorize the City Manager to execute two optional one-year extensions to the original term of the Supply Contract, in the amount not to exceed $2,014,000, for a total amount of $5,022,000.

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

Summary
The subject contract is for the supply of hot mix asphalt concrete for use by the Public Works Department’s Operations and Maintenance Division through December 31, 2025. On October 13, 2022, the City received two bids for the Purchase of Hot Mix Asphalt, Project No. WD23003. Staff recommends award of a Supply Contract to the lowest responsive bidder, Granite Construction Co. of French Camp, CA, in the amount of $3,008,000 (Attachment A). The Supply Contract includes two one-year extensions at set costs. With the optional extensions, the total contract amount is $5,022,000. The Supply Contract will be funded from annual Road Maintenance and Rehabilitation Account (RMRA) funds.

DISCUSSION
Background
The Public Works Department’s Operations and Maintenance crews use hot mix asphalt concrete for miscellaneous activities, such as street base failure repairs, general street pothole repairs, temporary sidewalk repairs, and street resurfacing projects. The City typically issues an annual contract for the supply of hot mix asphalt concrete in order to obtain a secure price for the year and to realize the benefit of a large volume purchase. The Supply Contract is to provide the asphalt only and does not include delivery. Trucking of the asphalt is undertaken either by City trucks or by a trucking service contracted separately by the City.

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Present Situation
On September 19, 2022, the Purchase of Hot Mix Asphalt, Project No. WD23003, was advertised for bids. The base bid is for a three-year Supply Contract through December 31, 2025, with an option to extend the Supply Contract for an additional two calendar years.

The purchase will supply the following products annually:
· 11,000 tons of Type ‘A’ 3/4” aggregate hot mix asphalt · 1,000 tons of Type ‘A’ 1/2” aggregate hot mix asphalt · 1,000 tons of Type ‘A’ 3/8” aggregate hot mix asphalt These quantities are estimates of the amount of material to be purchased by the City yearly. The total contract value is calculated using the tonnage quantities multiplied by the unit prices provided by the bidders. The actual amount paid to the supplier will depend upon the amount of asphalt concrete purchased, up to a maximum of the contract value plus approved contract change orders.

On October 13, 2022, two bids were opened with the following results:

COMPANY NAME

BID AMOUNT
Granite Construction Company $3,008,000
(French Camp, CA)
George Reed, Inc. $3,387,780
(Modesto, CA)
Engineer’s Estimate $2,847,000
The requirements of Stockton Municipal Code section 3.68.090, Local Business Preference, apply to this contract. Application of the Local Business Preference has no effect on the bid order.

Since the City pays the cost to truck the hot mix asphalt from the plant to the construction sites, the bid documents included a trucking cost allowance that is calculated by multiplying the trucking cost per ton per mile, at $0.22, by the total tonnage in the contract, which is estimated to be 39,000 tons.

This trucking cost allowance is added to the total base bid price to determine the total cost to the City.

This total cost to the City, plus application of the Local Business Preference Ordinance, is the basis of the award of the contract.

The bid from Granite Construction Co., the lowest responsive bidder, is regular in all respects. Staff recommends Council approve the specifications for the project and award a Supply Contract to Granite Construction Co. in the amount of $3,008,000 (Attachment A). The Supply Contract contains a provision that will allow for adjustment of the unit prices by contract change order if substantiated by significant changes in published market indicators for the industry, certified raw material cost data, and the California Statewide Crude Oil Price Index as determined by the State of California.

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FINANCIAL SUMMARY
The term of the Supply Contract with Granite Construction Co. for the Purchase of Hot Mix Asphalt, Project No. WD23003, is proposed to be funded over several fiscal years (Attachment B).

Funding is available for expenditures in the current one-year term of the contract. There is sufficient funding in the Public Works RMRA Account No. 4570-715-800007-240-241-30-45-000-000, to fund the FY 2022-23 contract amount of $994,000. Costs for the subsequent years will be budgeted in the same account and subject to Council approval during the annual budget development process. The total not to exceed cost of this contract over a period of five years (three years with two one-year extensions) is set at $5,022,000.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Supply Contract with Granite Construction Co.

Attachment B - Funding Breakdown Over Contract Term
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and Granite Construction Co. (“Contractor”) to provide the purchase of hot mix asphalt concrete as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on:

Terminates on: 12/31/2025 with an additive bid alternate for material purchase for additional two calendar years.

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
Goods and Services Special Terms & Conditions (d) Exhibit D – (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES ARPA IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Printed Name and Title of Person Signing
Address

CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:

Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
3,008,000.00
Agreement Number:

Granite Construction Co., State of California Corporation 585 West Beach Street, Watsonville, CA 95076

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Jacob Hinchey, Manager of Construction Materials
12/13/22

ATTACHMENT A
146

SPECIAL PROVISIONS
FOR

PURCHASE OF HOT MIX ASPHALT
PROJECT NO. WD23003
A multi-year Supply Contract through December 31,
2025
Bid Opens: Thursday, October 06, 2022, 2 P.M.

EXHIBIT A

Page 2 of 31 ends

ATTACHMENT A
147

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003

TABLE OF CONTENTS
SECTION 1 – GENERAL ...................................................................................................... SP-1 1-1.01 Terms and Definitions ......................................................................... SP-1 SECTION 2 – BIDDING ............................................................................................ SP-1 2-1.01 General................................................................................................ SP-1 2-1.02 Specifications ...................................................................................... SP-2 SECTION 3 – CONTRACT AWARD AND EXECUTION........................................... SP-2 3-1.01 Contract Award.................................................................................... SP-2 3-1.02 Bid Protest……….. ............. ................................................................. SP-2 3-1.03 Contract Award.................................................................................... SP-3 SECTION 4 – SCOPE OF WORK............................................................................. SP-4 4-1.01 Purpose ............................................................................................... SP-4 SECTION 5 – CONTROL OF WORK........................................................................ SP-4 5-1.01 Quality of Material ............................................................................... SP-4 5-1.02 Submittals............................................................................................ SP-4 SECTION 6 – Plant Schedule and Liquidated
Damages........................................................................................................... SP-5 5-1.01 Plant Schedule…....... .......................................................................... SP-5 5-1.02 Liquidated Damages............................................................................ SP-5 SECTION 7 – BLANK................................................................................................ SP-5 SECTION 8 – BLANK................................................................................................ SP-5 SECTION 9 – PAYMENT .......................................................................................... SP-6 9-1.01 Payments ............................................................................................ S P-6
9-1.02 Payment Adjustment for Price Index Fluctuations ............................... SP-6 9-1.03 Asphalt Quantities ............................................................................... SP-6

EXHIBIT A

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ATTACHMENT A
148

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
9-1.04 Increase or Decrease Quantities ......................................................... SP-6 9-1.05 Quantities ............................................................................................ SP-7 SECTION 10 – ORDER AND SUPPLY LOGISTICS................................................. SP-8 10-1.01 Ordering ............................................................................................ SP-8 10-1.02 Material Pick-Up ................................................................................ SP-9 10-1.03 Manufacturing of Material .................................................................. SP-9 10-1.04 Successors and Assigns ................................................................... SP-9

EXHIBIT A

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ATTACHMENT A
149

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
SECTION 1 – GENERAL
1-1.01 Terms and Definitions
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors, Proposal, Contract, or other contract documents the following terms are used; the intent and meaning shall be interpreted as follows:

City or Owner - City of Stockton
Director - Director of Public Works, City of Stockton
Standard Specifications - City of Stockton, Standard Specifications, Adopted by City Council on September 27,
2016
Caltrans Specifications - State of California, Dept. of Transportation, dated 2010
Laboratory - City of Stockton's Department of Public Works or consultant laboratory
Department - Department of Public Works, City of Stockton Engineer - City Engineer, City of Stockton, acting either directly or through properly authorized
Engineer agents and consultants.
************************************************************************************************************* SECTION 2 – BIDDING

2-1.01 General
The bidder's attention is directed to the "Notice to Bidder’s" for the date, time and location of the pre-bid meeting, if applicable. Refer to the City of Stockton’s Bid Flash webpage:
http://www.stocktongov.com/services/business/bidflash/default.html The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid.

The Bidder's bond form mentioned in Section 2-1.34, "Bidder’s Security," of the Standard Specifications will be found following the signature page of the Proposal.

In conformance with Public Contract Code Section 7106, a Non-collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non-collusion Affidavit.

EXHIBIT A

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ATTACHMENT A
150

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
2-1.02 Specifications
The work described herein shall be done in accordance with the current City of Stockton, Department of Public Works, Standard Specifications and the current Editions of the State of California, Department of Transportation Standard Specifications and Standard Plans and in accordance with the following Special Provisions. To the extent the California Department of Transportation Standard Specifications implement the STATE CONTRACT ACT they shall not be applicable since the City of Stockton is not subject to said ACT.

In case of conflict between these Special Provisions and the City Standard Specifications and Plans, the Special Provision shall take precedence. In case of conflict between the City Standard Specifications and Plans and the State of California Department of Transportation Standard Specifications and Plans, the City Standard Specifications and Plans shall take precedence. In the event of a conflict between the governing codes, the State and City Standard Specifications, and these Special Provisions, the governing code requirements shall take precedence. ************************************************************************************************************* SECTION 3 – CONTRACT AWARD

AND EXECUTION
3-1.01 Contract Award
Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.

Bid protests shall comply with Section 2-1.51 “Bid Protests,” of the Standard Specifications.

If the City awards the Contract, the basis of the award will be the responsible bidder with the lowest base bid whose proposal complies with all prescribed requirements. 3-1.02 Bid Protest
All parties wishing to file a protest shall comply with the procedures set forth below:

All protests regarding the bidding process or award, or intended award, of any contract must be submitted in writing to the City Attorney on or before 5:00 p.m. of the fifth business day following the opening of all bids, unless a different time period is specified in the Notice Inviting Bids or other bid solicitation documents. All protests must be addressed to:

City Attorney
City of Stockton
425 North El Dorado Street, 2
nd Floor
Stockton, CA
95202
The party filing the protest must have submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.

The protest shall contain a complete statement specifying in detail the grounds of the

EXHIBIT A

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ATTACHMENT A
151

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
protest and the facts in support thereof. The protest must be hand delivered or send via mail so that the City Attorney receives it within the time period set forth above. The protest documents must include the following:
 A complete statement of the factual and legal basis for the protest;  The protest must include the name, address and telephone number of the person representing the protesting party; and
 The protesting party must concurrently transmit a copy of the written protest document and any attached documentation to all other bidders who may have a reasonable prospect of receiving the award depending on the outcome of the protest.

The procedure and time limits set forth herein are mandatory and the bidder’s sole and exclusive remedy in the event of a protest. No bidder may bring an action or proceeding challenging the bidding process or any award, or intent to award, any contract unless the above procedures are followed. The failure of a party originating a protest to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including filling a government code claim or legal proceeding. The City reserves the right to modify the bid protest procedures in the Notice Inviting Bids or other bid solicitation documents and to require any protesting party to submit additional or clarifying information or documentation in support of any protest. 3-1.03 Contract Execution
The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty.

The executed contract documents shall be delivered to:

City of Stockton
Public Works Department
Attn: Katrina Cooper
1465 S. Lincoln Street
Stockton, CA 95206

EXHIBIT A

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ATTACHMENT A
152

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
SECTION 4 – SCOPE OF WORK
4-1.01 Purpose
The purpose of this bid is to request bidders to present their qualifications and capabilities to provide for the City of Stockton’s PURCHASE OF HOT MIX ASPHALT in incremental quantities through a multi-year supply contract. ************************************************************************************************************* SECTION 5 – CONTROL OF WORK
5-1.01 Qu
ality of Material
All material to be furnished shall be supplied in accordance with Section 39 of Caltrans Standard Specifications. Asphalt binder used shall comply with the specifications of asphalts and the binder grade shall be PG 64-10 or higher (such as PG 64-16, 70-10, or 76-10). Contractor may also furnish reclaimed hot-mix asphalt in accordance with Section 39-1.02F of Caltrans Specifications. The RAP content shall not exceed 15% by weight in such mix.

The contract supplier shall submit a Hot-mix asphalt mix design by a certified testing laboratory within 30 days after award of the contract. If RAP is proposed to be used, a separate mix design shall be provided.

At the Engineer’s discretion, the contract supplier may be allowed to furnish rubberized hot mix asphalt (RHMA) if the conventional mixes listed in the contract line items are not available due to sp
ecial circumstances. RHMA shall conform to section 39-1.04E of the Caltrans Specifications and shall be paid according to the appropriate contract line item (i.e., no extra pay).
5-1.02 Submittals
The following is a list of anticipated submittals for the project. The list is provided to aid the Contractor in determining the scope of work, but is not intended to be all- inclusive and additional submittals may be required:
 Hot mix asphalt design by a certified laboratory
 Current sales and use tax rate in effect in the City of Stockton  Weight slips for HMA
 Plant Schedule
The Contractor shall transmit each submittal to the Engineer for review and approval with the submittal form approved by the Engineer.

All submittals shall be submitted within 30 calendar days from the date of the fully executed contract.

Any in
complete submittals will be returned for resubmittal. When revised for resubmission, identify all changes made since the previous submission.

EXHIBIT A

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ATTACHMENT A
153

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
Except as may otherwise be indicated herein, the Engineer will return prints of each submittal to the Contractor with comments noted on the submittal. The Contractor shall make complete and acceptable submittals to the Engineer by the second submission of a submittal item. The City reserves the right to withhold monies due to the Contractor to cover additional costs of the Engineer’s review beyond the second submittal.

If a submittal is returned to the Contractor marked “NO EXCEPTIONS TAKEN,” formal revision and resubmission of said submittal will not be required.

If a submittal is returned to the Contractor marked “MAKE CORRECTIONS NOTED,” formal revision and resubmission of said submittal will not be required.

SECTION 6 – PLANT SCHEDULE AND LIQUIDATED DAMAGES
6-1.01 P lant S
chedule
The batch plant producing HMA shall be open Monday to Friday from 7:00 A.M. to 3:30 P.M. Anytime the batch plant is scheduled for shutdown from producing hot mix asphalt or re-scheduling asphalt production for City Project No. WD23003, a written notice shall be provided to the City at least 7 calendar days prior.

Full compensation for conforming to the provis ions in this section shall be considered as included in the prices paid for the various bid items involved, and no additional compensation will be allowed therefore.
6-1.02 Liquidated Damages
Attention is directed to the provision in Section 8-1.10, Liquidated Damages,” of the Caltrans Specifications and these Special Provisions.

The Contractor shall pay liquidated damages to the City of Stockton in the amount of $1,000 (One Thousand Dollars) per each incident a written notice was not provided at least 7 calendar days prior to a scheduled shutdown or re-scheduling asphalt production for City Project No. WD23003.

Full compensation for conforming to the provis ions in this section shall be considered as included in the prices paid for the various bid items involved, and no additional compensation will be allowed therefore.
********************************************************************************************************* **** SECTION 7 – BLANK
SECTION 8 – BLANK
************************************************************************************************************

EXHIBIT A

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ATTACHMENT A
154

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
SECTION 9 – PAYMENT
9-1.01 Payments
Attention is directed to Sections 9-1.16, "Progress Payments,” and 9-1.17, "Payment After Contract Acceptance,” of the Caltrans Specifications.

Full compensation for all labor, equipment, tools, materials, services, travel, and incidentals and for supplying hot mix asphalt in conformity with the Contract Documents will be included in the prices paid for the various contract bid items and no additional compensation will be allowed, therefore. Material will be paid on the load tonnage, with a furnished Public Weight Master Certificate for each delivery. No other compensation will be made except for the items listed in the Bid Proposal or otherwise described further below.
9-1.02 Payment Adjustment for Price Index Fluctuations Prices quoted shall be firm from the contract award date, until the end of the quarter.

The Contractor may request a price escalation adjustment once each quarter if there are significant changes in the market. The beginning of each quarter shall be defined as effective from the first day of the month that the agreement is put into effect.

The Contractor may submit a proposed price escalation notice, in writing, to the City of Stockton Public Works Department not earlier than thirty (30) days after the beginning of each quarter, not less than thirty (30) days prior to the end of each quarter. Such notice shall include substantiated information to support the proposed escalation (ie:
manufacturer’s price list, significant changes in published market indicators for the industry, certified raw material cost data, California Statewide Crude Oil Price Index, and any other substantiating information as requested by the City of Stockton.) Upon receipt of the price escalation notice, the City of Stockton reserves the right to either:
 Accept the price escalation as competitive with the general market price at that time, effective the first day of the next quarter. Such acceptance will be acknowledged with a contract change order; or
 Cancel any unpurchased balance of the contract without prejudice, effective on receipt of such cancellation notice.

No price increase shall apply to quantities ordered from the contract prior to the effective date of any price increase notice and acceptance by the City of Stockton b y
contract change order.
9-1.03 Asphalt Quantities
Only a public weighmaster’s certificate for HMA, as specified in Section 9-1.07A, of the Caltrans Specifications will be accepted.
9-1.04 Increase or Decrease Quantities
The City reserves the right to make such alterations, deviations, additions to, or omissions from the plans and specifications , including the right to increase or decrease the quantity of any item or portion of the work or to omit any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be

EXHIBIT A

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ATTACHMENT A
155

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
required for the proper completion or construction of the whole work contemplated, without adjustment in the base unit price as bid. Section 9-1.06B and Section 9-1.06C of the Caltrans Specifications shall not apply.

Any such changes will be set forth in a contract change order, which will specify, in addition to the work to be done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the Public Works Director. City Manager and/or City Council approval may be necessary depending on the amount of the change order.
9-1.05 Quantities
The quantity of material shown on the Base Bid List is approximate, being given as a basis for the comparison of bids. The City of Stockton does not, expressly or by implication, agree that the actual amount of material purchased will correspond therewith, and reserves the right to increase or decrease the quantities, or to omit items as may be deemed necessary or advisable by the City Engineer. Supplier shall not exercise right of material allocation during the term of this contract.

If during the
term of this contract, total tonnage requirement increases or exceeds the original contract amount, and the City of Stockton opts to a mend this original contract
reflecting increased tonnage, the price per ton shall be at a cost not more than the original contract price.

Base Bid Schedule
Item Description Unit Estimated Quantity
Calendar Year 2023: January 1, 2023 to December 31, 2023 1 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
2 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
3 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Calendar Year 2024: January 1, 2024 to December 31, 2024 4 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
5 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
6 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Calendar Year 2025: January 1, 2025 to December 31, 2025 7 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
8 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
9 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Alternate Bid Schedule (Optional Annual Contract Extensions)

EXHIBIT A

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ATTACHMENT A
156

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
Item Description Unit Estimated Quantity
Calendar Year 2026: January 1, 2026 to December 31, 2026 10 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
11 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
12 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Calendar Year 2027: January 1, 2027 to December 31, 2027 13 Hot Mix Asphalt, 3/4-inch, Type “A” Tons 11,000
14 Hot Mix Asphalt, 1/2-inch, Type “A” Tons 1,000
15 Hot Mix Asphalt, 3/8-inch, Type “A” Tons 1,000
Notes:

1. The bid shall be for material at bidder's Hot Mix Asphalt plant with pick-up to be made by the City on an "as-needed" basis in incremental quantities.

2. Each bidder shall bid each item on the Base Bid Schedule and Alternate Bid Schedule. Failure to bid an item shall be just cause for considering the bid as non- responsive.

The basis of contract award will be the low bidder for the Base Bid Schedule combined with the City’s pre-determined hauling costs. The City will add to the total amount bid, the sum of $0.22 per ton per mile, for hauling costs between the HMA supply plant and a fixed location in central Stockton – the El Dorado Street Bridge over the Calaveras River.

Official bid documents, including plans and specifications, are available on the City of Stockton website at:
http://www.stockton
gov.com/services/business/bidflash/default.html
All bids submitted for this project must conform to the requirements of the official bid documents, including plans and specifications.
************************************************************************************************************* SECTION 10 – ORDER AND S

UPPLY LOGISTICS
10-1.01 Ordering
Material will be ordered and picked up as required by the City of Stockton.

EXHIBIT A

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ATTACHMENT A
157

SPECIAL PROVISIONS
PURCHASE OF HOT MIX ASPHALT THROUGH DECEMBER 2025
PROJECT NO. WD23003
10-1.02 Material Pick-Up
The City of Stockton’s Department of Public Works will call to the successful supplier's plant or storage area to have City-owned or contract transport trucks loaded by such supplier as required, during the normal operating business hours of the supplier or at the minimum business hours of Monday to Friday from 7:00 A.M. to 3:30 P.M. whichever is greater.
10-1.03 Manufacturing of Material
Should it not be possible in certain instances for the supplier to make material available to the City of Stockton, the City reserves the right to obtain the required material from other vendors. The contract supplier shall have no recourse or claim against the City for any such purchases.
10-1.04 Successors and Assigns
City of Stockton and supplier each bond themselves, their partners, successors, assigns, and legal representatives to this agreement without the written consent of the others. Suppliers shall not assign or transfer any interest in this agreement without the prior written consent of the City. Consent to any such transfer shall be at the sole discretion of the City of Stockton.

EXHIBIT A

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ATTACHMENT A
158
(Rev. 10.

30.18)

EXHIBIT B

INSURANCE
(LEFT INTENTIONALLY BLANK. DOES NOT APPLY TO THIS PROJECT)

EXHIBIT B

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ATTACHMENT A
159
(Rev. 10.30.18; Mod 07.12.22 SG)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.

2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.

3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.

3.1 Invoices
submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.

3.2 Upon complet
ion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.

4. Sufficiency of Contractor ’s Work . All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor ’s work sh all be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree

EXHIBIT C

Page 15 of 31 ends

ATTACHMENT A
160
(Rev. 10.30.18; Mod 07.12.22 SG)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final deliver y to the City, the Contractor shall replace them at its own expense.

Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.

6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.

9. Contractor’s Status.

9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's

EXHIBIT C

Page 16 of 31 ends

ATTACHMENT A
161
(Rev. 10.30.18; Mod 07.12.22 SG)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, super vision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

EXHIBIT C

Page 17 of 31 ends

ATTACHMENT A
162
(Rev. 10.30.18; Mod 07.12.22 SG)

11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party ’s option, may terminate this Agreement by giving written notification to the other party.

11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.

12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

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

14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws . Contractor shall comply with all applicable Federal, State, and Municipal law s, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

EXHIBIT C

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ATTACHMENT A
163
(Rev. 10.30.18; Mod 07.12.22 SG)

17. Licenses, Certifications and Permits . Prior to the City ’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

20. Conflicts of Interest . Contractor covenants that other than this Agr eement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

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

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.

EXHIBIT C

Page 19 of 31 ends

ATTACHMENT A
164
(Rev. 10.30.18; Mod 07.12.22 SG)

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non- discrimination and equal opportunity, including without limitation the City ’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial

assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure. Neithe r party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.

EXHIBIT C

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ATTACHMENT A
165
(Rev. 10.30.18; Mod 07.12.22 SG)

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.

EXHIBIT C

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ATTACHMENT A
166
(Rev. 4.18.22)

EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

1.1 "Services" means, collectively, the services, duties and responsibilities

described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fu lly and to the standard of per formance required in this Agreement.

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible materi al, work or thing delivered by one party to the other, includi ng associated technical docume ntation. A
deliverable can be tangible or intangible par
ts of the development process, and often are
specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special condit ions shall be read in conjunction with the Standard Agreement, General Terms and Conditi ons (“GTC”) Exhibit B, and all other Exhibits identified in the Standard Agreement.

2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special C onditions of the Agreement, t hen unless a different intention stated, the provision(s) of t he Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the ext ent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The S pecial Con
ditions shall relate to a
particular project and be peculiar to that proj ect but shall not weaken the character or intent of the GTC.

3. Time for Performance.

3.1 Contractor shall perform the servic es according to the schedule contained in Exhibit F.

3.2 Timeliness of Perform ance i) Contractor shall provide the Services, and Deliverables within the term and within t he time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit E. ii) Neit her Contractor nor Contractor’s agents, employees nor subcontractors
are entitled to any damages from the
City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

EXHIBIT D

Page 22 of 31 ends

ATTACHMENT A
167
(Rev. 4.18.22)

4. Standard of Performance
In addition to Exhibit B, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exerci sed by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations , and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this

Agreement and all applicable feder al, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with re spect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that requi re the exercise of professional skills or judgment are accomplished by professionals qualified and competent in t he applicable discipline and appropriately licensed, if required by law. Cont ractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a time ly manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply wit h the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its respons ibility for the professional skill and care and technical accuracy of its Serv ices and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be pa id monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit D attached
hereto and made a part of this Agreement.

Contractor may vary the compensation for eac h task in Exhibit D provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

EXHIBIT D

Page 23 of 31 ends

ATTACHMENT A
168
(Rev. 4.18.22)

6. Reports and Information
Contractor shall at such times and in su ch forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewit h, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit D.

7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Cont ractor agrees that they shall not be made available to any individual or organiza tion without the prior written approval of the City. Contractor shall not be required under the pr ovisions of this paragraph to keep confidential any data or info rmation which is or becomes publicly available, is required by applic able law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonabl y cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contra ctor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the
expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conf orm to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual m anufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

EXHIBIT D

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ATTACHMENT A
169
(Rev. 4.18.22)

10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acc eptance, Deliverable deliver ed by Contractor shall become the exclusive property of City. T he ownership rights described herein shall include, but not be limited to, t
he right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies , models, samples, materials, drawings, specifications, technical material, adverti sing material and any other personal property furnished by City to Contractor, or specifical ly paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California D epartment of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMEN TS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Sect ion 4104 of the Public Contract Code, or engage in the performance of any c ontract for public work, as defined in this chapter, unless currently registered and qualified to per form public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Depar tment of Industrial Relati ons pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

EXHIBIT D

Page 25 of 31 ends

ATTACHMENT A
170
(Rev. 4.18.22)
No contractor or subcontract or may be awarded a contract fo r public work on a public works project unless registered with the Depar tment of Industrial Re lations pursuant to Labor Code Section 1725.5. Department of Indus trial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registra tion from the Department of I ndustrial Relations (DIR) that includes the contractor’s Legal Name, Regi stration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to comp liance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards En forcement Compliance Monitoring Unit, as well as the City of Stockton.

13. Shipping Terms
City shipment terms are F.O.B. Destinat ion, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most

economical manner necessary to meet the delivery date spec ified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all indivi dual boxes with stock number and quantity and it ems with different stock number s shall be boxed separately.

City reserves the right to refu se, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery inc
luding, but not limited to, the additiona l costs resultant from City procuring substitute Deliverables elsewhere.

15. Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

EXHIBIT D

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ATTACHMENT A
171
(Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contrac
tor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $3,008,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not
meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standar
d Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor .

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees
or charges for printing, reproduction or binding of
documents at actual costs with no markup added to the actual cost. ii. Any filing
fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expens
es shall be reimbursed in accordance with the C ity’s
travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contrac
tor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete se rvices based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

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EXHIBIT E

ATTACHMENT A
172
(Rev. 10.30.18)

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.

1.5 Sub contractor Costs: Compensation for sub contractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed N/A%.

2. Task Price. Be low is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Item Description Unit Quantity Unit price Total Price
Calendar Year 2023: January 1, 2023, to December 31, 2023 1 Hot Mix Asphalt, 3/4”, Type “A” Tons 11,000 $76.00 $836.,000 2 Hot Mix Asphalt, 1/2”, Type “A” Tons 1,000 $78.00 $78,000 3 Hot Mix Asphalt, 3/8”, Ty pe “A” Tons 1,000 $80.00 $80,000 Calendar Year 2024: January 1, 2024, to December 31, 2024 4 Hot Mix Asphalt,3/4”, Type “A” Tons 11, 000 $77.00 $847,000 5 Hot Mix Asphalt,1/2”, Type “A” Tons 1,000 $79.00 $79,000 6 Hot Mix Asphalt, 3/8”, Type “A” Tons 1,000 $81.00 $81,000 Calendar Year 2025: January 1, 2025, to December 31, 2025 7 Hot Mix Asphalt,3/4”, Type “A” Tons 11, 000 $77.00 $847,000 8 Hot Mix Asphalt,1/2”, Type “A” Tons 1,000 $79.00 $79,000 9 Hot Mix Asphalt, 3/8”, Type “A” Tons 1,000 $81.00 $81,000

3. Hourl
y Rates. The follow ing is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor . Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any

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EXHIBIT E

ATTACHMENT A
173
(Rev. 10.30.18)
changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly B
illable Rate Schedule – N/A

4. Additi
onal Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Item Description Unit Quantity Unit price Total Price
Calendar Year 2026: January 1, 2026, to December 31, 2026 1 Hot Mix Asphalt, 3/4”, Type “A” Tons 11,000 $77.00 $847,000 2 Hot Mix Asphalt, 1/2”, Type “A” Tons 1,000 $79.00 $79,000 3 Hot Mix Asphalt, 3/8”, Ty pe “A” Tons 1,000 $81.00 $81,000 Calendar Year 2027: January 1, 2027, to December 31, 2027 4 Hot Mix Asphalt,3/4”, Type “A” Tons 11, 000 $77.00 $847,000 5 Hot Mix Asphalt,1/2”, Type “A” Tons 1,000 $79.00 $79,000 6 Hot Mix Asphalt, 3/8”, Type “A” Tons 1,000 $81.00 $81,000

5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed
in this Exhibit. Invoices shall to be submitted electronically to the City’s Vendor Self
Service portal at http://ww1.stocktonca.gov or mailed to the address
:

City of Stockton Public Works Department
Attention: Thinh Phan
1465 S. Lincoln Street
Stockton, CA 95202

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EXHIBIT E

ATTACHMENT A
174
(Rev, 10.27.22)

EXHIBIT F

TIMELINE

1. Contractor s
hall complete the requested services identified in Exhibit A as follows:

1.1 TIMELINE FOR COMPLETION OF WORK

EXHIBIT F

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ATTACHMENT A
175
(DEC. 2021) rev 1.18.22
Exhibit G

SUBAWARD AGREEMENT
Special Funding Terms and Conditions
(Left intentionally blank. Does not apply to this project)

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ATTACHMENT A
176

CONTRACT TERM
FY 2022-23
AMOUNT
FY 2023-24
AMOUNT
FY 2024-25

AMOUNT TOTALS
Calendar Year 2023:

Through Dec. 31, 2023 994,000$ -$ -$ 994,000$
Calendar Year 2024:

Through Dec. 31, 2024 -$ 1,007,000$ -$ 1,007,000$ Calendar Year 2025:

Through Dec. 31, 2025 -$ -$ 1,007,000$ 1,007,000$ TOTALS 994,000$ 1,007,000$ 1,007,000$ 3,008,000$

FUNDING BREAKDOWN OVER CONTRACT TERM
Purchase of Hot Mix Asphalt, Project No. WD23003

ATTACHMENT B
177
City of Stockton
Legislation Text
File #: 22-1172, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LIGHTED CROSSWALK UPGRADES PROJECT

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

1. Approve Notice of Exemption No. NOE33-22 under the California Environmental Quality Act for the Lighted Crosswalk Upgrades, Project No. WT15026.

2. Approve the plans and specifications for the Lighted Crosswalk Upgrades, Project No.

WT15026.

3. Transfer funds in the amount of $150,000 from the Traffic Signal Control System Program, Project No. WT15022 to the Lighted Crosswalk Upgrades, Project No. WT15026.

4. Award a Construction Contract in the amount of $795,688.25 to Ray’s Electric of Oakland, CA, for the Lighted Crosswalk Upgrades, Project No. WT15026.

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

Summary
The project will replace existing in-roadway lighted crosswalk systems at crosswalks along El Dorado Street in downtown Stockton with two rectangular rapid flashing beacons (RRFB) and a high-intensity activated crosswalk signal, also known as a pedestrian hybrid beacon (Attachment A - Vicinity Map).

The project was included in the 2017-22 Five-Year Capital Improvement Plan (CIP).

On October 27, 2022, the City received four bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, Ray’s Electric, in the amount of $795,688.25.

Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE33-22 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

To fully fund the construction of the project, staff recommends transferring funds in the amount of $150,000 from the Traffic Signal Control System Program, Project No. WT15022 to the Lighted Crosswalk Upgrades, Project No. WT15026, to fully fund all anticipated project costs. Construction is anticipated to be completed by September 2023.

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File #: 22-1172, Version: 1

DISCUSSION
Background
The project will replace existing in-roadway lighted crosswalk (IRLC) systems at crosswalks along El Dorado Street crossing Lindsay Street, Channel Street and Main Street in downtown Stockton. Two RRFBs will be installed at Lindsay and Main Streets and a high intensity activated crosswalk signal, also known as a pedestrian hybrid beacon (PHB), will be installed at Channel Street.

The goal of the project is to upgrade existing IRLC systems throughout the City to more modern and maintenance friendly alternatives. This particular project focuses on upgrading heavily traveled IRLC systems along El Dorado Street at Main Street and Channel Street and Lindsay Street. In addition to being much less maintenance intensive than IRLC, numerous studies have proven that RRFB systems greatly increase driver awareness when installed at uncontrolled, multi-lane crosswalks. The project will also install a PHB signal on El Dorado Street at Channel Street to replace an existing IRLC. It was determined through an engineering and traffic survey that a PHB at this location is well suited for El Dorado Street due to the volume of pedestrians crossing (Attachment A - Vicinity Map).

The project was included in the 2017-22 Five-Year CIP.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. The CWTA was not applied to this project as the project is under $1 million.

Present Situation
On September 30, 2022, the Lighted Crosswalk Upgrades, Project No. WT15026, was advertised for bids. On October 27, 2022, four bids were received with the following results:

COMPANY NAME BID AMOUNT
Ray’s Electric (Oakland, CA) $ 795,688.25
St. Francis Electric, LLC (San Jose, CA) $ 877,880.00 Tennyson Electric, Inc. (Livermore, CA) $ 984,582.00
Dirt Dynasty, Inc. (Farmington, CA) $1,034,532.25
Engineer’s Estimate $ 680,758.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on this bid order.

The Local Employment Ordinance, SMC section 3.68,095, also applies to this contract.

The bid from Ray’s Electric, the lowest responsible bidder, is regular in all respects. Rays Electric has the proper license to perform the work. The low bid is approximately 15 percent higher than the engineer’s estimate; however, staff does not believe that re-bidding the project will result in a lower bid given the volatility of current construction bid market.

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File #: 22-1172, Version: 1
Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Ray’s Electric of Oakland, CA, in the amount of $795,688.25.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No.

NOE33-22 under CEQA.

Construction is anticipated to be completed by September 2023.

FINANCIAL SUMMARY
The current unencumbered balance of the Lighted Crosswalk Upgrades, Project No. WT15026 (formerly PW1526), Account No. 4570-000-800007-300-000-30-45-000-000-, is not sufficient to award a Construction Contract to Ray’s Electric in the amount of $795,688.25. With the transfer of funds in the amount of $150,000 from the Traffic Signal Control System Program, Project No.

WT15022 (formerly PW1522), Account No. 4570-000-800007-300-000-30-45-000-000-, sufficient funds will be available to award a Construction Contract.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
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- VICINITY MAP -

LIGHTED CROSSWALK UPGRADES
Project No. WT15026
Project Locations
LEGEND:

PROJECT LOCATION

ATTACHMENT A
181
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING NOTICE OF EXEMPTION NO. NOE 33-22, APPROVING

THE PLANS AND SPECIFICATIONS, TRANSFERRING FUNDING, AND AWARDING

A CONSTRUCTION CONTRACT FOR THE LIGHTED CROSSWALK UPGRADES , PROJECT NO. WT15026

On October 27, 2022, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Lighted Crosswalk Upgrades, Project No. WT15026; and

The project will replace existing in-roadway lighted crosswalk systems at crosswalks along El Dorado Street in downtown Stockton with two rectangular rapid flashing beacons and a high-intensity activated crosswalk signal; and

Ray’s Electric is the apparent low bidder in the amount of $795,688.25, and its bid is regular and responsible in all respects; and

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a signific ant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE33-22 under CEQA for the Lighted Crosswalk Upgrades, Project No. WT15026, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Lighted Crosswalk Upgrades, Project No. WT15026.

3. The City Council approves the transfer of funds in the amount of $150,000.00 from the Traffic Signal Control System Program , Project No. W T15022 (formerly PW1522), to the Lighted Crosswalk Upgrades, Project No. WT15026 (formerly PW1526).

4. The City Council awards a Construction Contract between the City of Stockton and Ray’s Electric, in the amoun t of $ 795,688.25, and the City Manager is 182
authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED January 24, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
183
EXHIBIT 1
184

Local Construction Contract – RAY’S ELECTRIC - PROJECT NO. WT15026 (Updated 07/12/22)

CONSTRUCTION CONTRACT

This contract is made and enter ed into on _____________, by and between RAY’S ELECTRIC, a STATE OF CA CORPORATION , with a business address at 411 PENDLETON WAY, SUITE B, OAKLAND, CA 94621 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."

W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of LIGHTED CROSSWALK UPGRADES (PROJECT NO. WT15026), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________ , on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specificat ions adopted on _____________, by Council Resolution No. __________________ . The "contract documents, " which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the Cit y of Stockton. Total compensation for services and reimbursement for costs shall not exceed $795,688.25, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not co mmence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specif ied in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockt on Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No . 2016-09-27, effective September 27, 2016.

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EXHIBIT 2
185
Local Construction Contract – RAY’S ELECTRIC - PROJECT NO. WT15026 (Updated 07/12/22)
It shall be a requirement under this agreement that any av ailable insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits

of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

The Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

The limits of insurance requir ed in this agreement may be sati sfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contai n a provision that such co verage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreem ent) before the City of Stockton’s own insurance or self- insurance shall be called upon to protect it as a named insured.

All self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce t he limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event cont ractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

CONTRACTOR agrees to include with all Subcont ractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by CONTRACTOR ag ree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same

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EXHIBIT 2
186

Local Construction Contract – RAY’S ELECTRIC - PROJECT NO. WT15026 (Updated 07/12/22)

provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public poli cy of the State of California, Contractor shall indemnify, protect, defend with counsel approved by City and at Contractor’s sole cost and expense, and hold harmless City, its Mayor, Council, officials, representatives, agents, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation a ttorneys’ fees, expert and consultant fees, and other expenses of litigation) of every natur e, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, State, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s of ficers, agents, employees, volu nteers or subc ontractors.

Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrat or to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent Califo rnia Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Cont ractor to City, the intent hereunder is to provide the maximum defens e and indemnity obligations allowed by Contractor under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a gr eater extent than permitted under the public policy of the State of California, the parties agree that Contractor’s duty to defend City is immediate and arises upon the filing of any clai m against the City for damages which arise out of or are in any way co nnected with the work performed, materials furnished, or services provided under this Ag reement by Contractor or Contractor’s officers, agents, employees, vo lunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whethe r or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.

Contractor shall be immediat ely obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, othe r witness fees, document reproduc tion costs, arbitration fees, and, if after final judgm ent an appeal is pursued, all of such costs for the appeal.

At the conclusion of the claim, if there is any determinati on or finding of sole active negligence or willful misconduct on the part of the City, Cit y will then reimburse Contractor for amounts paid in excess of Contractor’s pr oportionate share of

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responsibility for the damages within 30 days after Contractor prov ides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursemen t provision assures Contractor is not obligated to defend or indemnify City in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section sh all in no event be construed to require indemnification by Contractor to a greater extent than pe rmitted under the public policy of the State of California, and in addition to the other i ndemnity obligations in this Agreement, Contractor shall indemnify, de fend, and hold harmle ss City, its Mayor, Council, officials, representatives, agents , employees, and volunt eers from and against all claims, losses, expenses, and costs includi ng, but not limited to, attorneys’ fees, arising out of any claim br ought against the City by an employee, office, agent, or volunteer of Contractor, r egardless of whether such claim may be covered by any applicable workers compensation in surance. Contractor’s indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor under workers’ compensation acts, disability acts, or other employee benefit acts.

The City’s acceptance of the insurance certificates required under this Agreement does not relieve the CONTRACTOR from its obligation under this paragraph. The indemnification obligations of this section shall survive the termination of this agreement.

Any exceptions to this language may result in a proposal being deemed non-responsive.

CONTRACTOR/Subcontractor's responsibil ity for such defense and indemnity obligations shall survive the termination or completion of this agreement for the full period of time allowed by law.

The defense and indemnification obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, th e insurance obligations contained in this agreement. If any section, subsection, sentence, clause or phrase of this indemnification is for any reason held to be invalid or unconsti tutional, such decision shall not affect the validity of the remaining portions of this indemnification.

5. STANDARD PLANS A ND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in ac cordance with Section 8-1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to t he contract for the precedi ng week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest

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setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligent ly prosecuted to completion before the expiration of 45 WORKING DAYS begi nning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the cont ract in all parts and requirements, is not finished or completed within the number of days as set fo rth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CI TY the sum of THIRTY FIVE HUNDRED AND NO/100 DOLLARS ($3,500) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decid es to increase the said number of days, the CITY shall further have the right to char ge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, s uperintendence, and other over head expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of fi nal surveys and preparation of final estimate shall not be included in such charges.

A working day shall not include, nor sha ll CONTRACTOR be assessed with liquidated damages nor the additional cost of engineeri ng and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, fl oods, epidemics, quarantine restri ctions, strikes, and freight embargoes and subject to approval by the Direc tor of Public Works, inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginni ng of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages,

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engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employme nt of persons or in the prov ision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

a. TITLE VI

Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits o f, or be subjected to discrimination under any pr ogram or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

b. DISCRIMINATION AND HARASSMENT POLICY

The City of Stockton has a Discriminat ion and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigat ing, and resolving complaints of discrimination and harassment in the workplace.

c. LABOR STANDARDS PROVIS IONS/CALIFORNIA LABOR CODE

The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor C ode shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.

d. PREVAILING WAGE

CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the

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Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, trav el time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar pur poses applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determi nation and shall distribute copies to each subcontractor. As the wage determi nation for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensur e that the preva iling wage rates of concern is current and paid to the employee.

i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual co st of engineering, inspection, superintendence, and or other ov erhead expenses which are directly chargeable to the contract. Shoul d such work be undertaken at the request of the CITY, reimbursement wil l not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the Stat e of California. To forfeit as a penalty to CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR , in the execution of this contract, for each calendar day duri ng which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of t he provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

iii. The CONTRACTOR to whom the cont ract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works

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Department, Attention Contract Comp liance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.

iv. The CONTRACTOR shall comply wit h the provisions established in Section 1777.5 of the Labor Code c oncerning the 1) certified approval by local joint apprenticeship commi ttees for the employment and training of apprentices, and 2) contri bution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE

Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good fa ith effort to employ at least 50 percent of the workforce on this projec t from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for moni toring their compliance with section

3.68.095.

f. SANCTIONS

Deliverables must conform with a ll applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not e ngage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certif icate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of t he contract price not as aforesai d paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities

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for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require su ch extra work as may be determined by the Engineer to be required for t he proper completion or construction of the whole work contemplated.

Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work . A contract change order will not become effective until approved by the City Manager and/or the City Council.

Processing of change orders shall be in accordance with Section 4-1. 05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specif ications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

11. AUDITS. CITY reserves the right to peri odically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated repr esentative, with necessary information and assistance.

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any rele vant information requested and shall permit CITY or its delegate access to its prem ises, upon reasonable not ice, during normal business hours for the purpose of intervie wing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpos e of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.

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Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

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

4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5. Surety Bonds as described below.

6. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

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Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or

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Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

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

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Umbrella or Excess Policies

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

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond

The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

Certificate Holder Address

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

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1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, RAY’S ELECT
RIC, a STATE OF CA CORPORATION, as Principal and
, a c o r p o r a t i o n ,
organized and existing under the laws of the State of __ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of Californi a, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, fo r or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations rent ing or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply bot h work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of

SEVEN HUNDRED NINETY-FIVE THOU SAND SIX HUNDRED EIGHTY-EIGHT AND 25/100 DOLLARS ($795,688.25), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, wit h the CITY, to do and perform the following work, to-wit:

LIGHTED CROSSWALK UPGRADES
(PROJECT NO. WT15026)
NOW, THEREFORE, if the abov e bounden Principal, CO NTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or la bor done thereon of any kind, the Surety on EXHIBIT 2
219
2 this bond will pay the same, in an amount not exceeding the sum specified in this bond,
provided that any and all claims hereunder shall be filed and pr oceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or spec ifications agreed to between the said CONTRACTOR and the said CI TY and no forbearance on the part of the said CITY shall operate to relieve any sure ty or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

S I G N E D A N D S E A L E D o n .

APPROVED AS TO SURET
Y: By:

P R I N C I P A L

S U R E T Y
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
B y :

A T T O R N E Y - I N - F A C T
B y :

CITY ATTORNEY
EXHIBIT 2
220
3 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, RAY’S ELECTR
IC, a STATE OF CA CORPORATION, as Principal and
, a c o r p o r a t i o n ,
organized and existing under the laws of the State of __ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SEVEN HUNDRED NINETY-FIVE THOUSAND SIX HUNDRED EIGHTY- EIGHT AND 25/100 DOLLA RS ($795,688.25), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal a nd Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

LIGHTED CROSSWALK UPGRADES
(PROJECT NO. WT15026)
NOW, THEREFORE, if the above bounde d Principal, CONTRACTOR, Company or
Corporation or its subcontract or, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void ; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the EXHIBIT 2
221
4 provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on

APPROVED AS TO SURET
Y: By:

P R I N C I P A L

S U R E T Y
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
B y :

A T T O R N E Y - I N - F A C T
B y :

CITY ATTORNEY
EXHIBIT 2
222
City of Stockton
Legislation Text
File #: 23-0045, Version: 1
ACCEPT THE 2023 VAN BUSKIRK MASTER PLAN DESIGN

RECOMMENDATION
It is recommended that the City Council accept by motion the Master Plan Design for the reuse of Van Buskirk Golf Course.

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

Summary
The Community Services Department worked with Design Workshop Inc., consultants, stakeholders, and community members to develop a Master Plan for rehabilitating and reusing the former Van Buskirk Golf Course property. This property is adjacent to the Van Buskirk Community Center and Park and is deed restricted for recreation use. The Master Plan (Attachment A) includes opportunities for flood protection, passive and active recreation facilities, programs, and activities.

From 2018 through 2022, various community engagement methods were used to solicit community feedback and establish site alternatives. The Master Plan was developed after two rounds of public engagement and stakeholder meetings. The first round identified activities and programming interests, and the second round focused on engaging the younger community members. Between each set of public engagement meetings, three design options and additional design elements were developed. Those site options were then reviewed in meetings with stakeholders and community members. In May 2022, a draft Master Plan Design update was presented to City Council.

Comments from that meeting and additional community engagement were integrated into the final Master Plan. Staff recommends the approval and acceptance of the proposed Master Plan Design.

DISCUSSION
Background
Van Buskirk Golf Course is a 192-acre parcel at 1740 Houston Avenue. The property deeded to the City in 1957 by Charles and Bertha Van Buskirk includes the Van Buskirk Golf Course, Community Center, a park, and ballfields. A deed restriction limits use to “public recreation or public park purpose.” The deed also identifies that the property would revert to the donor’s heirs if the City is non -compliant with respect to those restricted uses.

In 2018, The City began public engagement as part of an application for a Proposition 2018 grant to renovate the Van Buskirk property. Proposition 68 civic engagement meetings were held in December 2018 at Conway Homes and in January 2019 at Van Buskirk Community Center.

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On August 20, 2019, City Council authorized the termination of the Kemper Sports Management Agreement for the operation and management of Van Buskirk Golf Course. Golf operations ceased on August 31, 2019.

The City was not awarded the Prop 68 State grant following the 2018-2019 outreach efforts.

Feedback from the Prop 68 project identified the benefit and need for a strategic reuse and design plan with additional outreach and engagement for the Van Buskirk property to guide the City in planning, partnerships, and potential funding sources for this facility.

The Van Buskirk heirs communicated their support for continued recreational purposes and possible educational opportunities. City of Stockton stakeholders established a list of critical health and safety needs for maintaining the property until acceptable reuse could be established. Security services, landscape maintenance, improved emergency vehicle access, tree management, and police patrols were implemented.

On January 23, 2020, RFP 19-056 for the strategic plan for property reuse was released. The RFP closed on March 12, 2020. One qualified proposal was received, and an agreement with Design Workshop for the strategic reuse of Van Buskirk Golf Course was awarded via motion 2020-11-17- 1403 on November 17, 2020. COVID restrictions and the complexity of multi-agency coordination for project completion complicated the project timeline. The Design Workshop agreement has been extended accordingly.

Design Workshop staff led a variety of outreach methods to gather feedback from the community to solicit input and participation. Two engagement rounds occurred. The first round focused on identifying the kinds of activities and programming the community wanted to see implemented at Van Buskirk. The second round was focused on engaging younger members of the community. The second public meetings were joint meetings with the US Army Corp of Engineers for the community to also learn about the property’s potential use for future flood control, wetland, and habitat mitigation. That second round included a survey of local schools in the area. Between each round of engagement, the design team and City staff worked with public agencies to develop alternatives, and ultimately a preferred alternative was presented in two final public meetings.

Fourteen stakeholder groups met with the design team during the research and design process.

Those stakeholders’ groups included Conway Homes Resident Council, Visionary Home Builders, SJC Public Health, Jobs Plus Employment center, SJC Housing Authority, Kipp Charter School, REACH of Stockton, STAND Affordable Housing, Reinvent South Stockton Coalition, Edison High School Cross Country Coach and Stockton High School Golf Coaches. Throughout the process, the design team and City staff worked with The US Army Corp of Engineers and San Joaquin Area Flood Control Agency for potential partnership and future use of the Van Buskirk Park.

Master Plan Public Outreach Meetings included:
· Stakeholder Discussions on March 3, 2021, and March 9, 2021 · Public Meeting #1: Virtual Meeting on May 25, 2021, at Weston Ranch · Online Survey #1 Survey was live for eight weeks in June 2021 · Public Meeting #2: Weston Ranch Library on June 23, 2021 · Public Meeting #3: Van Buskirk Community Center on July 22, 2021 · City Council Update: May 24, 2022
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· Online Survey #2 Survey was live for eight weeks in September 2022 · Public Meeting #4: Van Buskirk Community Center in September 2022 · Public Meeting #5: Weston Ranch Library in September 2022 During those meetings, stakeholder input included discussion of the critical value of safety, the development of a long-term sustainable park, and activating diverse recreation and park amenities and opportunities for all ages, abilities, and socio-economic status. Throughout the public engagement process, the design team was able to have many one-on-one conversations with community members and develop deeper insight into their concerns and the history of the park.

Those values and the following specific recreation use and facilities options were discussed:
· Wetland restoration and native planting education and interpretation combined with levee improvements and flood control
· Development of specific day uses and activities: Muti-use trails, exercise course, spaces for picnics and group gatherings, opportunities for community and cultural events, space for community gardens, and dog park
· Addition of active recreation facilities such as sports courts, fields, youth-children play areas and water features, a skate park, bicycle parks, and golf training · Indoor facilities and uses for small and large event spaces, café or coffee shop · Continued education and programming.

On July 31, 2020, California Conservation Corps -Delta Center “CCC” notified the city that they were awarded a California Proposition 68 grant to clear brush along the fence line, create walking trails, and remove dead, dying, and fallen trees.

In the Winter of 2021-22, and after the first round of public meetings, the design team used results from the first round of discussion to develop site plan alternatives. Those site plan alternatives were provided for public and stakeholder discussion. After the second set of community engagement, an update from the public engagement and the resulting changes to the draft Van Buskirk Park Master Plan was presented to City Council on May 24, 2022.

Present Situation
The current park site at the Van Buskirk Community Center includes an ADA-accessible playground, basketball court, baseball fields, wall ball/Handball Court, Tennis courts, soccer fields, and a passive recreation area with space for picnics and small gatherings. The Community Center provides a fitness room, meeting rooms, classrooms, an indoor gym/basketball court, and a micro-library. This location is also occasionally used for a warming center/ emergency shelter when dangerous inclement weather is forecasted.

Based on feedback following the May 2022 City Council meeting, an online survey and two additional community meetings were held in the Summer/Fall of 2022. Ultimately, one plan was considered the most advantageous. The environmental review was initiated, and the final master plan design was drafted.

The final Master Plan Design will enhance public space and create a regional facility that includes basketball courts, a skate park, bike trails, a BMX track, a community garden, improved parking, a City of Stockton Printed on 1/19/2023Page 3 of 4
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splash pad/water play area, lawn and fields, disc golf, space for golf training and academy, pickle ball courts, a dog park, adventure playground, outdoor education center, and event lawn/area for group picnics. Acreage on the western portion of the property is set aside as passive recreational space to be used for potential flood control and wetland mitigation areas that will be pursued with partner agencies and stakeholders in the future.

The community engagement process and the proposed final design are presented for review and final concurrence. The master plan design, as approved tonight, will also be used to promote the project and apply for funding. The Master Plan Design, as approved tonight, will be used to finalize the necessary environmental documents. The final package will be prepared for City Council approval in Fall 2023.

It is recommended that the City Council accept the 2022 Van Buskirk Master Plan Design.

Financial Summary
There is no impact on the City’s General Fund or any other unrestricted fund from this action.

Attachment A - 2023 Van Buskirk Master Plan Design
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MASTER PLAN

ATTACHMENT A
227

MASTER PLAN
Legend
Basketball Courts
Parking
Splash Pad/Water Play
Multi Purpose Lawn/Fields
Disc Golf
Golf Academy
Existing Levee
Existing Community Park
Existing Community CenterEvent Lawn/Group Gathering
Adventure Playground/Playground
Pickle Ball Courts
Dog Park
Community Building/Restrooms
River Access
Linear Park
Trails/Exercise Course
Neighborhood Park
Houston Ave
Houston Ave
Colorado Ave
Fresno Ave
Diamond Oaks
Tilden Park St
Van Buskirk St
Dry Creek Way
Verstl Way
Potential flood control and
wetland mitigation area
Lever Blvd
W 8th Street
San Joaquin
Elementary
School
Marshall
Elementary
School
Weston RanchSan Joaquin River
French Camp Slough
Walker Slough
Manthey Rd
Georgia Ave
Skate Park
Bike Trails
BMX Track
Community Garden
1 1
2 2
3 3
4 4
5 5
6 6
6 6
6 7
7 8
8 9
9 10
10 20
21 21
22 22
20 11
11 12
12 13
13 14
14 15
15 16
16 17
17 17
17 18
19 0 300 600 1200
1” = 600’
19 20

ATTACHMENT A
228

MASTER PLAN EAST ENLARGEMENT
LEGEND
Basketball Courts
Parking
Splash Pad/Water Play
Disc Golf
Multi Purpose Lawn/Fields
Golf Academy
Existing Levee
Existing Community Park
Existing Community Center
Linear Park
Houston Ave
Colorado Ave
Walker Slough
Georgia Ave
Skate Park
Bike Trails
BMX Track
Community Garden
1 1
2 2
3 3
4 4
5 5
6 6
6 7
7 8
8 9
9 10
10 12
12 12
13 13
14 14
11 11
11 0 100 200 400
1” = 200’

ATTACHMENT A
229

MASTER PLAN CENTRAL ENLARGEMENT
0 100 200 400
1” = 200’
LEGEND
Parking
Golf Academy
Existing Levee
Golf Training Center
Event Lawn/Group Gathering
Pickle Ball Courts
Dog Park
Adventure Playground/Playground
Outdoor Education Center
Community Building/Restrooms
Multi Purpose Lawn/Fields
River Access
Event Staging Area
Linear Park
Trails/Exercise Course
1 1
2 2
15 15
15 3
3 4
4 5
5 6
6 7
7 8
8 9
9 10
10 11
11 12
12 13
13 13
14 14
French Camp Slough
Houston Ave
Fresno Ave
Dry Creek Way
Verstl Way
Potential flood control and
wetland mitigation area

ATTACHMENT A
230

MASTER PLAN WEST ENLARGEMENT
0 100 200 400
1” = 200’
LEGEND
Parking
Neighborhood Park
Walking Trails
Future Flood Mitigation
1 1
2 2
3 3
4 4
Houston Ave
W 8th Street
Van Buskirk St
Tilden Park St
San Joaquin River
Potential flood control and
wetland mitigation area
• Playground
• Group Gathering
• Lawn Area

ATTACHMENT A
231
Van Buskirk Park
Master Plan Update
City Council Meeting
January 24, 2023
Agenda
Item 15.1
232
Agenda
• Introduction
• Van Buskirk Master Plan Update
• Next Steps
• Question and Answers
233
Area Context
Parks
Schools
234
Site Context
235
Existing Uses | Van Buskirk Park
Van Buskirk Park
• ADA Accessible Playground
• Basketball Court
• Baseball Fields
• Wall Ball/Hand Ball
• Tennis Courts
• Soccer Fields
• Picnicking/Small Gathering
C
ommunity Center
• Fitness Room
• Meeting Rooms/Classrooms
• Indoor Gym/Basketball Court
• Micro Library
236
Public Outreach to Date
• Proposition 68 Grant Public Outreach
• December 19, 2018, Public Meeting
• January 5, 2019, Public Meeting
• Van Buskirk Master Plan Public Outreach
• Stakeholder Discussions March 3, 2021 and M arch 9, 2021 3:30-4:30 pm • Public Meeting #1: Virtual May 25, 2021, 5:30-7:30 pm • Online Survey #1: June 28, 2021, Live for Eight Weeks • Public Meeting #1: Weston Ranch Library June 23,2021 6:00- 8:00 pm • Public Meeting #1: Van Buskirk Community Center Thursday, July 22, 2021, 6:00- 8:00 pm • City Counc il Meeting: Tuesday May 24, 2022
• Online Survey #2: September 7, 2022, Live for Eight Weeks • Public Meeting #2: Van Buskirk Community Center Thursday, September 8, 2022, 6:00- 8:00 pm • Public Meeting #2: Weston Ranch Library Thursday, September 29, 2022, 6:00- 8:00 pm 237
What We’ve Heard: Stakeholder Input
Conversation highlights:
• Safety at Van Buskirk is very important
• Gathering spaces are needed
• Support local schools and community
groups
through expanded recreation
• Recreation opportunities for variety of
age groups
Develop a long-term
sustainable park
Activate the park through
diverse recreation and park
amenities
Create gathering spaces that
encourage community
ownership and investment
238
Recreational Uses and Facilities
Restoration and Education
• Wetland Restoration and Native Planting
• Education and Interpretation
• Levee Improvements/ Flood Control
Day Uses/ Activities
• Multi Use Trails / Exercise Course
• Picnics/ Group Gatherings
• Community / Cultural Events
• Community Gardens
• Dog Parks
Active Recreation Facilities
• Sports Courts / Fields
• Youth/ Children Play Areas/ Water Features
• Skate Park/ Bicycle Parks/ Golf Training
Indoor Facilities/ Uses
• Event Spaces (Small and Large)
• Café/ Coffee Shop
• Continued Education and Programming
239
Alternatives
• Three Alternatives
• Similar program
• Active areas adjacent to community center
and
club house
• Western portion: Low impact recreation and
r
estoration
240
Current Alternative
241
East Enlargement
242
Central Enlargement
243
West Enlargement
244
Next Steps
• Project Timeline
• City Council Presentation: January 24 , 2023
• Final Environmental Document: February – J uly 2023
• Final Draft Master Plan Document: July 2023
• Present Final Master Plan to Council: S eptember 2023 245
Questions &
Answers
246
City of Stockton
Legislation Text
File #: 23-0050, Version: 2

EXECUTION OF A MEMORANDUM OF UNDERSTANDING RELATED TO FUNDING FOR THE MOSSDALE TRACT AREA PROJECT AND THE ISSUANCE OF THE 2022 ADEQUATE PROGRESS REPORT TO CONFIRM A 200-YEAR URBAN LEVEL OF FLOOD PROTECTION

ADEQUATE PROGRESS FINDING FOR THE MOSSDALE TRACT

Summary
The San Joaquin Area Flood Control Agency’s (SJAFCA) is a joint powers agency that includes the City of Stockton. Today’s action by the City supports an update to a portion of SJAFCA’s financing plan; and is a necessary precondition to issuance of the 2022 Annual Progress Report to confirm the 200-year urban level of protection adequate progress finding for the Mossdale Tract, supporting continued development in the Weston Ranch / French Camp & I-5 area of the City of Stockton.

DISCUSSION
Background
The City of Stockton, the County of San Joaquin, and the San Joaquin County Flood Control and Water Conservation District formed SJAFCA as a joint powers agency in the mid-1990’s to improve the City’s flood protection facilities and ensure that all levees remained accredited by the Federal Emergency Management Agency (FEMA). Since that time, SJAFCA has acted as the focal point on flood protection-related capital improvements needed in the City. In that role, SJAFCA is currently partnering with the State of California and the U.S. Army Corps of Engineers on bringing over a billion dollars of flood protection improvements to the City.

Senate Bill 5 (Chaptered in 2007 at 364) requires that urban areas of the Central Valley achieve at least 200-year flood protection in order to continue developing. In the absence of 200-year protection, these areas may develop a plan to achieve 200-year protection by 2025, and must certify each year until 2025 that the community is making “adequate progress” toward 200-year protection.

SB 5 provides that a local flood management agency (LFMA) issue annual adequate progress reports, and then the relevant city or county make findings, based on the annual adequate progress report, that adequate progress is being achieved. For the Mossdale Tract, the role of LFMA was initially filled by the City of Lathrop working with the City of Manteca.

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In 2018, the City and the County voted to expand SJAFCA to also include the Mossdale Tract area-- Weston Ranch, unincorporated San Joaquin County including the General Hospital, and significant portions of the Cities of Manteca and Lathrop--thus including the Cities of Lathrop and Manteca as member agencies in the joint powers agency. Since that time, SJAFCA has been designated as the LFMA for the Mossdale Tract Area, consistent with Government Code 65007(a)(5), and it has prepared and issued annual reports to the Central Valley Flood Protection Board regarding the efforts underway to achieve 200-year level of protection for the Mossdale Tract Area.

Upon taking the role of LFMA, SJAFCA worked with the products previously developed by Lathrop and Manteca and developed an updated plan for achieving 200-year flood protection by 2025. The plan included a series of levee improvements and expansions needs to ensure 200-year protection and also incorporated work that is currently underway by Reclamation District No. 17, the local operation and maintenance district for Mossdale tract. SJAFCA’s plan has also evolved in order to accommodate revised climate change predications issued by the California Department of Water Resources. The effects of COVID on the economy, coupled with needed changes to the plan due to the climate change predictions, led SJAFCA to advance legislation in 2020 (AB 838) which further extended the SB 5 deadline until 2028.

Each year SJAFCA approves its annual Adequate Progress Report, which is transmitted to the Central Valley Flood Protection Board, the State agency that is the repository for all such reports.

The State does not have a role in approving the reports, but may provide comments upon the reports if it wishes. The Adequate Progress Report contains a listing of the construction that is required and an update for each of those elements, determining whether each element is on schedule. It also identifies all sources of funding and explains the status of those funding sources. SJAFCA continues to make significant progress toward 200-year protection for the Mossdale Tract through the effort referred to as the Mossdale Tract Area Project. As a result, each year the three Cities are able to rely on the annual Adequate Progress Report update as providing the substantial evidence needed to make required findings that adequate progress is being made to construct flood protection improvements to the Mossdale Tract levee system. This finding can be relied on for the Cities to continue to approve development proposed in Mossdale Tract.

SJAFCA’s plan for the Mossdale Tract Area Project contemplates improvements already made by Reclamation District No. 17 and five years of further construction in 2024, 2025, 2026, 2027, and 2028. SJAFCA has drafted a environmental impact report (EIR) to support the Mossdale Tract Area Project and will issue a public draft of the EIR later this year. As a result, while some work can begin in 2024, it is likely that heavy construction wouldn’t start until 2025. The Mossdale Tract Area Project is supported by a financing plan that includes the following revenue sources:
• Contributions from member agencies previously received; • Enhanced infrastructure financing district (EIFD);
• Development impact fee (DIF); and
• Overlay Assessment District (OAD).

Each of the first three elements of the financing plan have been implemented according to schedule and in amounts consistent with the financing plan. This includes approvals by the City of Stockton of both the EIFD as well as the DIF. However, in June of 2022, SJAFCA staff reported to its Board and City of Stockton Printed on 1/19/2023Page 2 of 4
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member agencies that preliminary polling and interviews strongly suggested that the formation of the OAD could fail at the funding levels anticipated in the financing plan. The amount of funding needed from the OAD (a combination of bond revenues and pay as you go revenue) is somewhat dependent on interest rates and the bond market, and was also intertwined with other funding sources that changed, but it was approximately $135 million. SJAFCA staff therefore suggested to its Board that SJAFCA elect to delay the formation of the OAD from its proposed timeline of late 2022/23 to instead working with late FY 2023/24 to allow time to resize the OAD with the expectation that assessments can commence being levied in FY 2024/25. SJAFCA staff reported that in the interim it would work to identify the best additional funding sources and the Board concurred with that recommendation.

Thus, the shortfall that staff is addressing would be between the approximate $135 million need and the unknown amount to be provided by a resized OAD. In its current draft adequate progress report, SJAFCA is assuming that the OAD can produce at least $45 million, although other member agencies believe that the OAD can produce more revenue. SJAFCA is working in early 2023 to better evaluate the bond market and gather additional information on an appropriately sized OAD which will allow it to better understand the magnitude of the shortfall.

Present Situation
As a result of concerns about the sizing of the OAD, SJAFCA has been developing alternative elements of a financing plan to ensure adequate and complete funding for the Mossdale Tract Area Project. For example, SJAFCA has been working with the State to identify State funding that could be applied to the Project. SJAFCA has demonstrated that the vast amount of State flood funding for the Central Valley’s urban areas has gone to the Sacramento watershed, and has requested more funding for the San Joaquin urban areas. The State has been sympathetic to this request and is partnering to identify more funding that could close or potentially eliminate the shortfall to use for the Mossdale Tract Area Project. As a further example, SJAFCA has advocated that the Federal government become a funding partner for the Project. The most beneficial alternative financing plan which significantly reduces the local funding needs requires a Federal feasibility study conducted by the U.S. Army Corps of Engineers (USACE) followed by Congressional authorization that can then result in a significant infusion of Federal funds to the basin. In fact, the Mossdale Tract is unique among urban areas in the Central Valley seeking significant increases in flood protection in that it is the only such urban basin which is not receiving Federal funds by partnering with the USACE.

SJAFCA staff agree that obtaining such Federal funds is a significant benefit to the region and the State and should be our region’s highest priority. In support of this element, SJAFCA recently executed a Feasibility Cost Share Agreement with the State and USACE and a Federal feasibility study is now underway.

SJAFCA’s cash flow scenarios related to the Mossdale Tract Area Project indicate that it has adequate funds on hand to meet its cash flow demands through at least 2023. It is unclear when a shortfall will develop based on the number of moving parts which are still being nailed down as well as the amount of that shortfall. As noted above, the USACE is developing its feasibility study, SJAFCA is working with the State to identify funding opportunities, and SJAFCA is moving forward to form a resized OAD.

To ensure that SJAFCA can issue the 2022 Adequate Progress Report in the interim, SJAFCA has worked with the three Cities who rely on the issuance of annual Adequate Progress Report updates to develop the attached MOU by which those cities commit to negotiate and consider execution of an agreement in 2023 which will backstop any funding needs specific to the Mossdale Tract Project City of Stockton Printed on 1/19/2023Page 3 of 4
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(called an “Advanced Funding Agreement”). Member agencies will consider backstopping SJAFCA’s funding needs, provided the Participating Cities may do so without materially harming existing programs. The Advanced Funding Agreement will also acknowledge that a failure to provide such funds if all other sources of funding do no materialize may result in SJAFCA’s inability to take certain actions regarding the Mossdale Tract Area Project. The Parties have previously recognized certain repayment obligations made in the Amended Agreement for Collection of SJAFCA Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee which prioritizes the order of repayments based on the timing and amount of contributions from the Parties. The Advanced Funding Agreement will state the Parties’ intention to seek to use future revenue sources (e.g., OAD, EIFD, Development Impact, etc.) to reimburse any funding provided by the Participating Cities under the MOU in coordination with any previous or renegotiated agreement on this issue.

In short, the MOU provides a needed bridge to allow SJAFCA and the Cities to develop a plan for meeting the funding need. Execution of the MOU will direct City staff to participate as part of this discussion and then to report back to the City Council on what further actions may be needed. The execution of the MOU does not commit the City to any particular or specific financial obligation at this time.

NEXT STEPS
The MOU has already been approved by SJAFCA and the Cities of Lathrop and Manteca. Approval of this action will (i) direct City staff to participate with the other agencies, and (ii) allow SJAFCA to issue the 2022 Adequate Progress Report to confirm the 200-year urban level of protection adequate progress finding for the Mossdale Tract, facilitating continued development of the Weston Ranch / French Camp & I-5 portion of the City of Stockton.

FINANCIAL SUMMARY
There is no cost directly associated with the recommended action, however, it commits City staff time and resources to negotiating an agreement to backstop any funding needs of the Mossdale Tract Project that may exist after 2023. The potential future costs to the City is unknown and the City cannot terminate this MOU unless all parties agree to do so.

Attachment A - Memorandum of Understanding Regarding the Development of Additional Funding Sources for the Mossdale Tract Area as Between the San Joaquin Area Flood Control Agency and the Cities of Lathrop, Manteca, and Stockton
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ATTACHMENT A
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Execution of a
Memorandum of Understanding related to
funding for the Mossdale Tract Area Project
and Issuance of the 2022 Annual Adequate
Progress Report Update
City of Stockton
City Council Meeting
January 24, 2023
Agenda Item 15.2
256
Presenting today:
 City Council delegate authority to the City Manager to execu
te a Memorandum of Understanding related to
funding for the Mossdale Tract Area Project, thus
allowing SJAFCA to issue the 2022 Adequate Progress
Report supporting development in the area, including
Weston Ranch.

Recommended Action:
 Scott Shapiro, SJAFCA Counsel
 Chris Elias, SJAFCA Executive Director
 Seth Wurzel, SJAFCA Financial Consultant
257
Our Region Is Subject to
Flooding;
which has led to the
formation of SJAFCA
258
SJAFCA has 30 years in our region leading on capital
projects:
 1994-1997 – T he Stockton Metro Project
 Creation of the joint powers agency
 2010-p resent – The Lower San Joaquin River Project
 Continuation of the joint powers agency
 2018-p resent – The Mossdale Tract Area Project
 Expansion of the joint powers agency
259
Urban Level of Protection (ULOP)
 Senate Bill 5 (2007)
 Establishes ULOP as – t he “level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria … developed by DWR.”  Links flood management and land use authority
 Must be achieved by 2028 for the Mossdale Tract
 RD 17 levees protecting Mossdale Tract, won’t comply with ULOP  Initial SB effort led by Lathrop and Manteca. Since 2018, SJAFCA has been leading the effort at constructing a ULOP-compliant project, raising needed funds, and issuing annual Adequate Progress Report updates. 260
Existing Approach to Mossdale Tract:
 Levee improvements to meet ULOP
 Levee height raises, slope stability improvements,
under
seepage improvements (cutoff walls and seepage
berms), erosion repairs, right-of-way acquisition,
encroachment / pipe remediation & rehabilitation and the extension of the Dryland Levee in Manteca
 SJAFCA proposed a locally-funded project to meet
ULO
P requirements. The financing plan relies on:
 Initial funding from Lathrop and Manteca - DO NE
 Creation of an enhanced infrastructure financing district (EI

FD) - DONE
 Update of a development impact fee (DIF) - DO NE
 Creation of an overlay assessment district (OAD) – IN

PROGRESS
Mossdale ULOP Project Components
261
Today’s Action
 While SJAFCA pursues o ther funding for this project, including State funds and Federal funds, SJAFCA will:
 Investigate the capacity of the needed OAD and advance this to the voters;  Determine t he funding gap that needs to be filled;
 Work with the State and Federal government to bring needed f inancial investment;  Implement this MOU which commits SJAFCA and the three Cities to develop a financial backstop s
hould funding be needed:
• This MOU does not commit the City to provide any specific funding at this time. • This MOU does direct City Staff to work with SJAFCA and the other Cities to develop a concrete proposal which would return to the City Council for consideration. • This MOU allows SJAFCA to issue the 2022 Annual Adequate Progress Report update to support continued development in the Mossdale Tract, including the Weston Ranch / French Camp & I-5 area.
 The Cities of Lathrop and Manteca and SJAFCA have already approved the MOU. Only Stockton’s appr
oval is needed.
262
Questions & Discussion
263
City of Stockton
Legislation Text
File #: 22-1189, Version: 1

APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION

RECOMMENDATION
Adopt a resolution appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2026.

Summary
The Civil Service Commission currently has one vacancy. The first step towards filling the stated vacancy was to recruit and engage the public to complete an application and interview. The interviews were recorded and broadcasted on the City’s website so that they could be viewed through the archive by the members of the City Council before tonight’s meeting. The second step is the City Council appointment process, which is scheduled before you this evening.

DISCUSSION
Background
Pursuant to Stockton Charter Article XXV, Sections 2502 and 2503, the City Council appoints the five -member Civil Service Commission; each term is for three years. The function of the Stockton Civil Service Commission is as follows:
· To adopt, amend or repeal rules for the Civil Service System · To investigate either upon complaint or upon its own motion concerning any matter touching the administration of the Civil Service Commission
· To act in an advisory capacity to the City Manager on problems concerning personnel administration
· As provided by rule, to hear appeals of dismissals, demotions, or reductions submitted by any person in the competitive service. Prepare or cause to be prepared a written statement of facts, findings, and recommendations on every appeal. The effect of the Commission’s recommendation in case of discharge, demotion or reduction shall be final and binding upon all parties.
· To make an annual report and such other reports as it deems desirable to the City Council covering the administration of the personnel system.

The Office of the City Clerk initiated the recruitment to fill the vacancy and accepted applications until interviews were conducted on December 27, 2022, January 4, 2023, and January 6, 2023.

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File #: 22-1189, Version: 1
Pursuant to Council Policy Chapter 3.02, City Council and Mayoral Appointments to Boards, Commissions, and Committees, the following two-step interview and appointment process is used to fill current vacancies on boards and commissions:

1. The City Clerk conducts the initial applicant interviews, which are recorded so that the Council can view from the archive; and,

2. The Council makes the appointment at a regularly scheduled Council meeting.

The City Clerk's Office interviewed the following applicants Virtu Arora
Ruben Cruz
Michele Kimbrough
Adam Ramirez - Incumbent
Doug Vigil
All applicants were notified of tonight's meeting; however, their attendance is not mandatory.

Present Situation
Tonight, the City Council will proceed with the following method for appointment pursuant to Council Policy Chapter 3.02:

1. From the list so provided to the Council, each Councilmember, including the Mayor, will rank the applicants for each Commissioner such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember’s first choice for appointment will be ranked with the number “2” and the Councilmember’s second choice with the number “1.” If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the Councilmember will assign to the Councilmember’s first choice the higher(est) number and lesser number(s) to the Councilmember’s other choice(s). For example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number “3” to the Councilmember’s first choice, the number “2” to the Councilmember’s second choice and the number “1” to the third choice.

2. After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification, be appointed. If there is a tie, then the process described in A above will be repeated only as to the applicants who are tied.

The City Clerk will present the resolution upon appointment of the individuals selected to fill the vacancy effective immediately and ending on December 31, 2026.

FINANCIAL SUMMARY
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File #: 22-1189, Version: 1
Civil Service Commissioners receive $25.00 remuneration per meeting with a monthly maximum of $150.00. Sufficient funds are available in account number 010-1621-510.01-12: Compensation Boards and Commissions, for this purpose.

Attachment A - Redacted Applications
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Submit Date: Dec 21, 2022
Email Address
First Name Middle Initial Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
What district do you live in? *
District 1
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
38 years/11 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Michele L Kimbrough
Stockton CA
Michele L Kimbrough
Attachment A
267
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Michele L Kimbrough
Attachment A
268
Upload a Resume
Please tell us about yourself and why you want to serve.

I am a Seventeen-year employee of the State of California, with considerable experience in customer service, management and communications. Recently, I retired from The Department of Corrections, for medical reasons and to help take in six foster children. I have a Bachelor Degree in Investigations, from Bellevue University. I am married for fifteen-years, to an wonderful husband who also works for the Department of Corrections, as an Correctional Officer and we have three adult children and four children under guardianship. I am a true professional who values and respects the City of Stockton as a prior Board member for Measure W Oversight Committee. I believe from serving on this committee, I have the ability to discuss issues in a professional manner and help oversee the City's merit system. I possess leadership skills and the ability to help promote the best qualified people for City jobs. In addition, I am confident enough to discuss views with all levels of staff and executives within organization without the fear of rejection or reprimand. My investigative skills and expertise's will assist me with holding hearings for workers who have been treated unfairly. I also have a proven track record of developing action plans and following through to achieve goals. If elected, I will do this job well.

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

Serving on the Equal Opportunity Commission Board is an opportunity to give my time to an organization that I am passionate about. I am eager to participate at every meeting and willing to prepare ahead for meetings. I am anxious to serve on this committee because I have a strong desire for stewardship to others. I have the educational skills in the field of investigations. I am skilled with analyzing documents, researching information and writing reports. I also understand proper rules, procedures and intend to treat each case fair. Lastly, I strive to learn as much as possible.

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

Measure W Oversight Committee
How did you hear about the position?
City of Stockton Website
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?
Yes 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? Yes No
Background Information
Michele L Kimbrough
Attachment A
269
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Submit Application
Please identify any specialized accommodations needed for equal participation:

None
Enter Your Initials:

MLK
Date Signed
12/20/2022
Michele L Kimbrough
Attachment A
270
Submit Date: Dec 13, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
What district do you live in? *
Other
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
10 N. California St.

The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Ruben A Cruz
Stockton CA
Ruben A Cruz
Attachment A
271
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I was born and raised in Stockton, CA. I graduated from Lincoln Highschool and played football there. I earned my Bachelor's Degree in Sociology from the University of the Pacific. I also attended the Drivon School of Law for 15 months but did not graduate. I understand the issues that the Stockton community faces and how the people can make a difference. I worked for Josh Harder for Congress as a Political Canvasser and it helped me make a difference through speaking to residents of all backgrounds in the community. I also have helped in bringing my fraternity back to campus at the University of the Pacific where the new members have ties to the Stockton community. I know that my abilities to relate to people of all backgrounds, nationalities and socioeconomic statuses, as well as my education can be a great asset to the City of Stockton.

Ruben A Cruz
Attachment A
272
Upload a Resume
Please state the reason you would like to be a member of this board/commission.

I know that my experience and education can make a difference in the community.

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

I served on the Earth Day Commitee as a undergrad at University of the Pacific as I served as the Reach Out Coordinator there.

How did you hear about the position?
Indeed.com
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?
Yes 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? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Submit Application
Ruben A Cruz
Attachment A
273
Enter Your Initials:

RC
Date Signed
12/13/2022
Ruben A Cruz
Attachment A
274
Submit Date: Nov 29, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
4/3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Adam A Ramirez
Stockton CA
Adam A Ramirez
Attachment A
275
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
If yes, please list
Civil Service Commission
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.

I work occasionally in the area of employment law and I find employer-employee relations interesting; the work I have done on the Civil Service Commission for my last term was enjoyable.

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

I am currently serving and wish to continue.

Adam A Ramirez
Attachment A
276
Upload a Resume
Have you served on an advisory group before?
Yes No
How did you hear about the position?
I am currently on the CSC.

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?
Yes 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? Yes No
If yes, please explain
Occasionally my law firm takes cases where there is an employment dispute with the City of Stockton. If that occurred I may have to recuse myself from deciding. However, this did not come up at all in the last three years, so it probably wouldn't happen again.

Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Question applies to multiple boards
If your name, address, city or zip code are different on your voter registration, please explain and give us the correct information below:

Adam A Ramirez
Attachment A
277
Submit Application
Enter Your Initials:
aar
Date Signed
11/29/2022
Adam A Ramirez
Attachment A
278
Submit Date: Oct 17, 2022
Email Address
First Name Middle Initial Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
If selected "Other," please specify.

Native American
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
22 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Douglas I Vigil
Stockton CA
Douglas I Vigil
Attachment A
279
Employer Job Title Occupation
If you have checked “No”, please identify how you prefer to be contacted:
[email protected]
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
If yes, please list
none
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to Central Parking District Advisory Board Do you own real property or are you an executive officer of a corporation that owns real property within the Central Parking District?
Yes No
Question applies to Central Parking District Advisory Board Specify property address(es):

N/A
Question applies to Port Commission
Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough?
Yes No
Question applies to Port Commission
If so, for how long?
22 year
Douglas I Vigil
Attachment A
280
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Understanding of the Stockton Public Art Plan processes and implications for the City of Stockton Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Question applies to San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? Yes No
Question applies to San Joaquin Regional Transit District Board Are you a resident of the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Douglas I Vigil
Attachment A
281
Upload a Resume
Please tell us about yourself and why you want to serve.

I'd want to volunteer my time to the community in Stockton I live in my community and care about people well being, I am a Real Estate Agent and Loan Signing Agent Notary been working for 19 years servicing and living in Stockton Ca. My interests involving range from local community volunteer teaching Basis Sign Language in Elementary Schools and Public Library. I have served on the Boards, I'm serving on Stockton-San Joaquin Lions Club as the Chair of Marketing. I have been actively involved in different community events, I have served on the City of Stockton Civil Service Commission and City of Stockton Mayor's Task Force on Persons on Disabilities Committee, and Cultural Heritage Board also I'm a Radio Host of the Vigil Show on Sunday and Monday from 3 pm to 4 pm interview local community leader and nonprofit organization inclusive with Sign Language for the Deaf Community KXVS Radio, I am also interested in Public Advocacy for Disabilities Rights and Anti-Bully and Art Programs within the community.

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

I want to give fresh ideas and new positive attitudes and diversity on any board committee, hard decision making the board/commission
Have you served on an advisory group before?
Yes No
If yes, please explain.

Not Applicable
How did you hear about the position?
On-Line website and was encouragement to join and apply 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?
Yes 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? Yes No
If yes, please explain
Not Applicable
Background Information
Douglas I Vigil
Attachment A
282
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Not Applicable
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Question applies to multiple boards
If your name, address, city or zip code are different on your voter registration, please explain and give us the correct information below:

Submit Application
Please identify any specialized accommodations needed for equal participation:

Deaf Interpreter
Enter Your Initials:

DV
Date Signed
10/17/2022
Douglas I Vigil
Attachment A
283
Submit Date: Feb 23, 2022
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
10 The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee? Yes No
Virtu Arora
Stockton CA
Virtu Arora
Attachment A
284
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to Arts Commission
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Outside of your profession, indicate what type of Arts you are active in? Select all that apply. *
Dance
Music
Theater
Photography
Visual Arts, including (but not limited to) the Public or Environmental Arts, Graphic Arts, Design, Drawing, Painting, Printmaking, Sculpture, Ceramics, and Art History\, Question applies to Arts Commission
Are you interested in or accomplished in fund-raising?
Yes No
Question applies to Cultural Heritage Board
NOTE: To the maximum extent possible, the Board shall have at least one (1) member from each of the following categories: *
None
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. * Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Activist for the Visual Environment, Public Art, or Regional/National Individual Artists' work I have been a resident of Stockton for at least 3 years.

Yes No
Interests & Experiences
Virtu Arora
Attachment A
285
Please tell us about yourself and why you want to serve.

I have been a resident of city of Stockton for 22 years and have been involved in community service ever since. Now, with children in college, i can share the time and experience needed for a city position and give back to the society/ community I live in.

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

Have you served on an advisory group before?
Yes No
How did you hear about the position?
website
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?
Yes 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? Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse? Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Submit Application
Virtu Arora
Attachment A
286
Enter Your Initials:
va
Date Signed
2/23/2022
Virtu Arora
Attachment A
287

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING ONE MEMBER TO THE STOCKTON CIVIL

SERVICE/EQUAL EMPLOYMENT COMMISSION

There is one vacancy on the Stockton Civil Service/Equal Employment Commission due to a commissioner term completion now, therefore

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

The City Council hereby appoints to serve on the Stockton Civil Service /Equal Employment Commission for a term commencing immediately and ending December 31, 2026.

PASSED, APPROVED, and ADOPTED January 24, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

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

288
City of Stockton
Legislation Text
File #: 22-1032, Version: 1
ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE AND A

RESOLUTION APPROVING A COMMISSION USE PERMIT FOR A PERSONAL MINI-STORAGE FACILITY FOR PROPERTY LOCATED AT 530 E. MARKET STREET (APN 149-130-18) (P21-1084)

RECOMMENDATION
It is recommended that City Council:

3. Adopt a Resolution approving a Commission Use Permit to establish a personal mini-storage facility at 530 E. Market Street, subject to conditions.

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

Summary
The former Record newspaper facility consists of two buildings on four parcels totaling 4.7-acres. The 38,900-square foot former printing press building is located at 612 E. Market Street and is partially leased, and the 112,899 square foot building is located at 530 E. Market and has remained vacant for many years (Attachment A). To assist in the leasing of a vacant building, 530 East Market Investors, LLC (hereafter Applicant), would like to use a percentage of the 530 E. Market Street building for a new personal mini-storage facility (hereafter personal storage facility). The Applicant feels the use of the personal storage facility would result in needed improvements to the building and likely additional leasing of the remaining vacant space in the building for retail and office use. Since the proposed project site is zoned Commercial-Downtown (CD) and is in the Downtown area, personal storage uses are currently not permitted in the Stockton Municipal Code Title 16.

To allow personal storage as a land use in the CD zone, the Applicant proposes two amendments to Title 16 (Development Code) of the Stockton Municipal Code (SMC). First, is to amend SMC Section

16.20.020, Table 2-2 (Allowable land uses and permit requirements) to allow personal storage facilities in the CD zoning district with the approval of a Commission Use Permit (CUP), and the second is to amend SMC Section 16.80.200 (Mini-storage facilities) to add new development City of Stockton Printed on 1/19/2023Page 1 of 6
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standards for personal storage facilities in the CD zone to ensure it is a complementary use in the downtown. In conjunction with the two code amendments, the Applicant requests approval of a CUP to establish a personal storage facility within a portion of the existing vacant building located at 530 E. Market Street (former Record news building).

Staff has worked with the Applicant to propose code amendments that reflect current market conditions, while adhering to the goals and policies for the Downtown area as defined by the General Plan and Design Guidelines. The CUP has been reviewed for compliance with the proposed code amendments, and its approval is contingent upon City Council approving the code amendments.

On October 13, 2022, the Stockton Planning Commission voted 5-0 (Commissioners Mallett and Villapudua absent) recommending the City Council approve the proposed Code amendments and related CUP. The City Council is asked to approve the request to allow the Applicant to proceed in seeking construction permits for the proposed storage use.

DISCUSSION
Background
The Envision Stockton 2040 General Plan encourages urban development consisting of high-density residential and supportive land uses that include more intense retail, office, and service businesses in the Downtown Core area. The Downtown Core area, located at the center of Stockton and bounded by Park Street, the railroad tracks, Highway 4/Crosstown Freeway, and Interstate 5, totals about 1 square mile and is characterized by compact urban development within a traditional street grid network and historic buildings. The Commercial, Downtown (CD) zoning district mostly aligns with the Downtown Core area, in addition to roughly ten blocks south of the Crosstown Freeway and five blocks north of Park Street on N. El Dorado Street (Attachment A - Location, General Plan, and Zoning Map). Crafted through a community-based participatory effort, the General Plan was founded on a vision to promote investment in the Downtown and historically underserved areas, preserve and enhance neighborhood character, and improve community health and safety.

The project site is contained within a gated complex adjacent to the Crosstown Freeway, with the parking lot along E. Washington Street to the south. To the west, across N. California Street, the project is adjacent to a public parking garage and Dignity’s Alcove Veteran’s Transitional Housing Program. To the north, across E. Market Street, is a vacant building (former jewelry store), a surface parking lot, the back side of Team Charter Academy School, and another vacant building (former bar and restaurant). The east side of the building faces the internal parking lot and the second former Record newspaper building.

The Applicant proposes to use a percentage of the building for a new personal storage facility which will bring about needed improvements to the building and is anticipated to generate interest in the leasing of the remaining vacant space for retail and office uses. Since the proposed project site is zoned Commercial-Downtown (CD) and is in the Downtown area, personal storage uses are not permitted as they are generally considered lower-intensity uses, meaning less likely to generate a lot of pedestrian interest or activity like a retail shopping store or an ice cream shop.

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Present Situation
The Applicant requests to amend the SMC to allow personal storage facilities in the CD zone with new design standards to complement the desired intensity of the Downtown Core area. Additionally, the applicant requests approval of a CUP, which is dependent on the requested code amendment being approved, to reuse the former Record news building located at 530 E. Market Street for personal storage, office, and retail space, with an event space in the small warehouse fronting Washington Street.

Proposed Code Amendments
Currently, personal storage facilities are not allowed within the project site’s CD zone. To permit the use on the project site, the Applicant is requesting two code amendments (Attachment B - Proposed Redline Ordinance) that would:
· Amend SMC section 16.20.020, Table 2-2 (Allowable land uses and permit requirements) to allow personal storage facilities in the CD zoning district with the approval of a Commission Use Permit (CUP).
· Amend SMC section 16.80.200 (Mini-storage facilities) to add new Personal Storage zoning standards for facilities in the CD zone. The new standards include the following and will be used in conjunction with the citywide Design Guidelines to regulate façade and site improvements.
o Proximity restriction - no personal storage facility may be permitted within one-quarter (1/4) mile radius of another personal storage facility within the CD zone, measured from the edge of the parcel.
o Size and location restrictions require the entire operation to be enclosed within the interior of an existing building and not occupy more than sixty (60) percent of the leasable space of the entire building, with ground floor storage uses not to exceed seventy (70) percent of the leasable ground floor space. o Requires the personal storage facility be hidden to mitigate the visual presence of the personal storage facility within an existing building. The pedestrian entry for the personal storage facility will be limited to interior access when facing the main street- facing frontage.
o Potential elements include pedestrian-scale retail storefront components integrated into the façade of the building, including reliefs, murals, landscaping, transparent display windows, or windows affording views into retail, office, or lobby space. o All building upgrades and façade improvements must comply with the City’s Design Guidelines for the downtown. This includes the preservation of street-facing ground floors for active pedestrian-oriented activities through façade and site improvements. o Site Plan Standards requiring landscaping, parking, loading, and signage consistent with the SMC for the CD zone.

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Proposed Commission Use Permit
The proposed building is approximately 112,899 square feet and was previously used as one of two former Record newspaper buildings that occupy the 4.77-acre project site (Attachment C - Project Plans). The applicant proposes to use approximately 60 percent (67,740 s.f.) of the total building for personal storage use and intends to use the remaining 40 percent (45,159 s.f.) vacant space for office, retail, residential, or event space use. While retail, office, residential, or event space is not included within this proposal, those uses are permitted by-right in the downtown area and would most likely require only building permit review for interior use of the building.

The project proposes up to approximately 485 personal storage units, with eighty-five percent (85%) anticipated occupancy within the first year of operation. The Applicant believes the personal storage use would provide consistent use of the building space and improve the likelihood of the remaining space to be leased by other businesses and uses that would support the surrounding downtown area.

STAFF ANALYSIS
Environmental Clearance
No further environmental review is required for the proposed Development Code amendments and the CUP per the California Environmental Quality Act (CEQA) pursuant to Section 15183 (Projects Consistent with a General Plan) and Section 15332 (In-fill Development Projects) of Title 14 of the California Code of Regulations (State CEQA Guidelines). CEQA Section 15183 provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified, while Section 15332 is a Class 32 categorical exemption for projects characterized as in-fill development.

Municipal Code Amendments
The existing building proposed for the personal storage facility was last used by the Record newspaper company in 2020 and the Applicant has been unsuccessful in locating a tenant for the building. At present, there are numerous vacant buildings in the downtown area as the General Plan includes policies to encourage a vibrant and intense urban use in the downtown area through reuse vacant buildings. To explore reuse options for the existing building, the Applicant commissioned a personal self-storage market analysis. According to the market analysis, there are seventeen (17) self-storage facilities in Stockton operating at ninety-six percent (96%) capacity. The majority of intended self-storage renters would arrive at the subject site in a ten-minute drive time, from an area serving 47,050 households. Due to the large size and unique layout of the property, viable reuse options for vacant building space are limited. With an uptick in multifamily development in the downtown area, personal storage would serve tenants of those housing developments.

The Downtown area and the CD zone are intended to encourage higher-intensity mixed uses and high-density residential uses. Personal storage facilities are not presently allowed in the CD zone because they typically do not provide a high level of activity intended for the downtown area.

Although personal storage uses are not a highly active use, many active uses, such as high-density residential uses, may require supporting storage use. Personal storage facilities are presently City of Stockton Printed on 1/19/2023Page 4 of 6
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permitted with the approval of an Administrative Use Permit in the Commercial, General (CG) zoning district, approval of a Land Development Permit (LDP) in the Commercial, Large (CL) and Commercial, Auto (CA) zones, and by-right in all industrial zoning districts. Other than Pacific Storage Company (primarily office document storage), there have been no personal storage facilities developed in the surrounding Downtown, as most tend to be in suburban areas.

To address staff’s concerns with allowing a less intense personal storage use in the downtown area, the Applicant worked with City staff to create a series of standards that were modeled from other jurisdictions where personal storage is an allowed use in urban downtown areas and adhere to the Stockton General Plan policies (Attachment D - Similar Jurisdictions with Downtown Storage Facilities). The proposed standards comply with the following General Plan policies for the downtown area:
· Action LU-2.1B- Amend the Development Code to provide flexibility for redevelopment of historic structures in the Downtown to meet the needs of modern users while maintaining the overall historic value.
· Policy LU-6.2- Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
· Action CH-2.1C- Develop incentives to promote reuse of distressed areas, such as through rezoning, permit streamlining, density bonuses, and other appropriate tools. · Action CH-2.1E- Investigate and implement programs that will incentivize landlords to maintain properties free of Municipal Code violations and criminal activity. · Policy CH-2.2- Stimulate investment through partnerships with private property owners, neighborhood groups, health and housing advocates, nongovernmental organizations, and other community supporters.

By amending the Development Code text to allow a limited number of self-storage units within existing buildings in the downtown area, appropriate buildings are likely to be reused instead of sitting vacant and becoming an attractive nuisance. Through the discretionary CUP process and proposed high-quality urban design standards, personal storage uses may facilitate the successful support of other active uses. By limiting the number of facilities within the CD zone to no more than one within one-quarter mile (1/4) radius of another facility, depending on location of future facilities, there could be one or two potential future facilities developed (Attachment E - Radius Limitation Comparison).

Commission Use Permit
If the proposed code amendment is approved, a CUP will be required for development of personal storage facilities in the CD zoning district. The Applicant is requesting a CUP to operate a personal storage facility at 530 E. Market Street. Staff analysis confirms that all required findings of fact can be made in the affirmative as illustrated in the proposed Resolution. The proposed personal storage facility complies with the size, location, and hours of operation (7am to 10pm) requirements of the proposed code and will be required to complete Design Review prior to Building Permit approval of any façade improvements or signage. Additional landscaping and lighting will be added as the facility will be completely indoor and utilize the existing outdoor parking area located at the rear of the building. As part of Design Review, the facility will be required to minimize the entrance of the personal storage facility to preserve street-facing ground floor leasable space intended for active pedestrian-oriented activities.

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The Planning Commission is typically the approving authority for CUPs; however, as the proposed CUP is contingent on the code amendment being adopted, the CUP is being elevated to the City Council for action. The Planning Commission has heard the matter, made the required findings of fact, and are recommending approval by the City Council.

Public Comments
A neighborhood meeting was held by the Applicant on July 27, 2022, with invitations to the meeting sent to all property owners within a 300-foot radius of the subject property (Attachment F - Neighborhood Meeting Notice). In addition, the Applicant invited the Downtown Stockton Alliance and Reinvent South Stockton Coalition. One member of the public attended the meeting from the Downtown Stockton Alliance and was generally supportive of the Project.

A notice for this item was published in The Record on November 23, 2022, with meeting notices sent to all property owners within a 300-foot radius of 530 E. Market Street. At the time of writing this staff report, there have been no communications received from the public about this project.

Planning Commission
On October 13, 2022, the Stockton Planning Commission held a public hearing for Staff to present the report and public comments to be received. Other than the applicant and their attorney, there were no members of the public in attendance at the hearing. The Planning Commission voted 5-0 (Commissioners Mallett and Villapudua absent) to recommend approval of City Staff recommendations. A letter of support was submitted to the Planning Commission by the applicant’s attorney. No other comments were received concerning the proposed code amendments or project (see Attachment G - PC Approved Resolution).

Staff and the Planning Commission recommend the City Council adopt the proposed ordinance amending the Development Code; and approving a Commission Use Permit to establish a personal storage facility at 530 E. Market Street.

Financial Summary
There will be no direct financial impact to the City of Stockton as a result of the requested action.

The required application fees for the proposed action have already been collected. Plan check and permit fees will be assessed and collected based on construction valuation. In the long-term, the proposed action may result in additional taxes and fees collected on the use of the remaining currently vacant portions of the building.

Attachment A - Location, General Plan, and Zoning Map
Attachment B - Proposed Redline Ordinance
Attachment C - Project Plans
Attachment D - Similar Jurisdictions with Downtown Storage Facilities Attachment E - Radius Limitation Comparison
Attachment F - Neighborhood Meeting Notice
Attachment G - PC Approved Resolution
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City of Stockton, CA August 8, 2022Locat
i on Map: 530 E. Market Street
Property Information
Property ID 14913018-64235
Location 530 E MARKET ST
Owner GATEHOUSE MEDIA

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 08/08/2022
Data updated 08/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 993.1794085819579 ft
Attachment A
295
City of Stockton, CA
August 8, 2022Aerial Map
Property Information
Property ID 14913018-64235
Location 530 E MARKET ST
Owner GATEHOUSE MEDIA

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 08/08/2022
Data updated 08/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 248.29709987210205 ft
Attachment A
296
City of Stockton, CA
August 8, 2022Genera l Plan Land Use Map
Property Information
Property ID 14913018-64235
Location 530 E MARKET ST
Owner GATEHOUSE MEDIA

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 08/08/2022
Data updated 08/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 496.59630210613767 ft
x
Attachment A
297
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 W AY
Attachment A
298
City of Stockton, CA
August 8, 2022Zoning Map
Property Information
Property ID 14913018-64235
Location 530 E MARKET ST
Owner GATEHOUSE MEDIA

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 08/08/2022
Data updated 08/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 496.59630210613767 ft
Attachment A
299
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 W AY (ROW)
Attachment A
300
City of Stockton, CA
September 29, 2022Downto wn Core

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 09/13/2022
Data updated 09/06/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1986.292620154663 ft
Attachment A
301
Draft
Attachment B

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16, CHAPTER 16.20, SECTION 16.20.020 (Table 2-2) AND CHAPTER 16.80, SECTION 16.80.200 (MINI -STORAGE FACILITIES) OF

THE STOCKTON MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUN CIL OF THE CITY OF STOCKTON AS FOLLOWS:

SECTION I: FINDINGS AND INTENT
Pursuant to SMC Section 16.116.050(B), the City Council makes the following Mandatory Findings of Fact for All Amendments and Additional Findings for Zoning Map Amendments.

Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed amendments to Title 16 (Development Code) are consistent with the General Plan and State Law. These changes will conditionally allow limited mini-storage facilities in conformance with development standards outlined in the SMC and are internally consistent with all policy and regulatory documents.

Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

Evidence: These amendments will not result in physical impact or change to the land use intensities identified in the General Plan Environmental Impact Report (EIR). Amendments will allow discretionary review of projects that demonstrate consistency with the development standards of Title 16. Future proposals based on the amendments will be reviewed on a case-by-case basis for consistency with all Federal, State, and local requirements, in addition to the land use intensities identified in the General Plan EIR.

Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Evidence: The proposed development code text amendments are consistent with the General Plan Environmental Impact Report (EIR) (SCH No. 2017052062).

These amendments will not result in physical impact or change to the land use intensities identified in the General Plan Environmental Impact Report (EIR). The EIR document provides a programmatic review of the potential impacts 302
Draft
Attachment B
associated with implementation of the General Plan. None of the potential changes being considered will impact the analysis or conclusions of the General Plan EIR as the extent of the potential impacts and allowed density considered in the General Plan EIR. Future proposals based on the amendments would be reviewed on a case-by-case basis for consistency with this review and the General Plan EIR.

Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

Evidence: The proposed mini-storage use is conditionally allowed in the CD zone with approval of a CUP. As conditioned, the proposed mini-storage facility will be in conformance with the development standards outlined in the SMC. Moreover, Site Plan Review and Design Review will take place upon application for a Building Permit. Future proposals based on the amendments will be reviewed on a case-by-case basis for consistency with all Federal, State, and local requirements, in addition to the land use intensities identified in the General Plan EIR.

SECTION II: AMENDMENT OF CODE
Title 16, Chapter 16.20, Section 16.20.020 (Table 2-2) of the Stockton Municipal Code (SMC) is amended to read as follows:

Title 16, Chapter 16.20, Section 16.20.020 (Table 2-2) is amended to read as follows:

16.20.020 Allowable land uses and permit requirements.

A. Requirements for Primary Uses. Table 2-2 identifies the primary land uses for each zoning district, except the MX and UC zoning districts. It identifies whether the use is allowed or not allowed, and indicates which land use permit would be required, if necessary, to authorize the use. Building permits or other permits may also be required by the Municipal Code. The land uses identified in Table 2-2 are defined in Division 8 (Glossary).

1. Permit Requirements for Primary Uses. The permitting requirements identified in Table 2-2 are:
a. Permitted (P). All land uses shown with a “P” in the table are allowed subject to compliance with all applicable provisions of this Development Code. Site plan review (Chapter 16.152) is required for new construction or for a change to a more intensive use, except as provided by Section 16.152.040 (Exemptions).
b. Land Development Permit (L). All land uses shown as “L” in the table that require construction of new structures or improvements, the expansion of an existing facility, or a change to a more intensive use, as 303
Draft
Attachment B
determined by the Director, require the approval of a land development permit (Chapter 16.136). If there will be no construction, expansion of an existing facility, or a change to a more intensive use, the use is allowed without a new land development permit.
c. Administrative Use Permit (A). All land uses shown with an “A” in the tables are allowed subject to the approval of an administrative use permit (Chapter 16.172). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
d. Commission Use Permit (C). All land uses shown with a “C” in the tables are allowed subject to the approval of a commission use permit (Chapter 16.172). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
e. Not Allowed (Empty Box in Table). All land uses shown with an empty box in the table are not allowed in the applicable zoning district. f. Not Allowed, Except Under Special Circumstances (E). All land uses shown with an “E” on the table are not allowed in the applicable zoning district, except under the special circumstances identified in the specific use standards in Division 3.

2. Uses With Specific Standards. All uses, regardless of the type of permit that may be required, shall comply with all applicable provisions of this Development Code. In addition, if there is a section number in the last column of the table (“Specific Use Standards”), the use is also subject to the referenced provisions.

3. Multiple Uses on a Single Site. Where a proposed project includes multiple land uses, and more than one type of land use permit is required, the most restrictive land use permit shall apply for all land uses.

4. Changes to an Approved Project. Changes to an approved project that required a land use permit shall be subject to the requirements of Chapter 16.104 (Changes to an Approved Project).

5. Uses Not Listed. Land uses that are not listed in Table 2-2 are not allowed, except as otherwise provided by Section 16.08.020(E) (Rules of interpretation—Allowable uses of land).

B. Allowable Uses and Permit Requirements for the MX, UC and PT Districts. The uses of land that may be allowed within the MX, UC and PT zoning districts and the land use permit requirements for each allowable use shall be identified in the master development plan applicable to the specific site, in compliance with Chapter 16.140 (Master Development Plans) and the Rough and Ready Island Development Plan for the Port of Stockton, CA for the PT zoning district (as applicable).

C. Overlay Zoning Districts. Development located in overlay zoning districts (Aircraft Operations Overlay District, Design Review Overlay District, Channel Area 304
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Attachment B
Overlay District, Magnolia Historic Overlay District, and Commercial-Industrial Overlay District) shall be in compliance with Chapter 16.28 (Overlay Zoning District Land Use and Development Standards).

D. Accessory Uses. Accessory land uses are subject to the requirements of Section 16.80.020 (Accessory uses and structures).

E. Temporary Uses. Temporary uses are subject to the requirements of Chapter 16.164 (Temporary Activity Permits).

F. Freeway and Highway Oriented Uses. The following uses, when both located within 1,000 feet of Interstate 5, State Highway Route 4, or State Highway Route 99 and allowable through a Land Development Permit, Administrative Use Permit, or Commission Use Permit, shall be considered a Permitted (P) use unless within the Downtown Core area:

1. Auto/Vehicle Services: Car Washes; and

2. Auto/Vehicle Services: Fueling Stations.

The measurement of distance under this provision shall be made from the outside boundaries of the respective freeway or highway right-of-way to the property line of the proposed use. This provision excludes land zoned MX, UC and PT.

TABLE 2-2

ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS

AGRICULTURAL AND RESOURCE-RELATED USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Agricultural
activities &
facilities
P P P A 16.80.060
Cannabis
cultivation C C C C 16.80.195
Community
gardens P P P P P P P P P P P P L P 16.80.130
Conservation
areas L L L L L L L L L L L L L L
Market
gardens/urban
farms
L A A A P P P P P P P P 16.80.135
Mining A A A A
305
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Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Urban
agriculture P P P P P P P P P P P P 16.80.350

BUSINESS AND PROFESSIONAL USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Banks and
financial
services

P P P P P P P
Business
support
services

P P P P P P P
Offices P A P P P P A A P L 16.80.240

INDUSTRY, MANUFACTURING & PROCESSING USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Artisan Food
and Beverage A P A P P P 16.80.170
Electricity
generating
plants/facilities
other than
nuclear
C C P P 16.80.170
Electronics,
equipment &
appliance
manufacturing
P P P 16.80.170
Fabric product
manufacturing P P P P 16.80.170
Food and
beverage
product
manufacturing
C P P P 16.80.170
|Furniture and
fixtures
manufacturing
P P P 16.80.170
Handcraft
industries,
P P P P 16.80.170
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Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
small-scale
manufacturing
Laundries and
dry cleaning
plants
P P P 16.80.170
Manufacturing
Light P P P 16.80.170
Heavy A P 16.80.170
Cannabis
distribution C C C 16.80.195
Cannabis
manufacturer
(volatile and
non-volatile)
C C C 16.80.195
Cannabis,
microbusiness C C 16.80.195
Cannabis
testing
laboratory*
P P P P P P P 16.80.195
Metal products
fabrication,
machine/weldi
ng shops
P P P 16.80.170
Petroleum
storage and
distribution
A P 16.80.170
Printing and
publishing P L P P P L 16.80.170
Recycling and
waste facilities
Collection
facility L L L P P P L 16.80.290
Redemption
centers
Major C C C C C C C 16.80.290
Minor A A A A A A A 16.80.290
307
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Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Recycling
facility A P A 16.80.290
Scrap and
dismantling
yards
A P 16.80.170
Transfer
stations C P A 16.80.290
Research &
development
(R&D)
A L P P P L 16.80.170
Storage yards P P P L 16.80.170
Warehouses P P P 16.80.170
Wholesaling
and
distribution
P P P P 16.80.170

RECREATION, EDUCATION, AND PUBLIC ASSEMBLY USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Activity
centers A A A A A A A A A L A L C
Adult related
establishments P P P 16.80.030
Auditoriums,
meeting halls,
and theaters

P P P P L L

16.24.080(B)(2)

16.24.090(B)

16.24.110(D)

16.24.180(D)
Bridge clubs
and
nongambling
board games

P P P P P L
Card rooms C C C L

16.80.040

16.80.270
Clubs, lodges,
and private
meeting halls

P P P P P L P P A
308
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Commercial
amusement
facilities

A A A A A A
Educational
facilities
Academic
schools—
Private

A A A A A A A A
Academic
schools—
Public

P P P P P
Colleges
and
universities
—Private

C C
Vocational
and
technical
schools

P P P P P P P
Equipment
repair and
maintenanc
e training

P P A P L
Specialized
education
and training

A A P P P A P P L
Vehicle
repair and
maintenanc
e training

A P P P L
Truck and
heavy
equipment
education
and training

P P P L
Equestrian
facilities C A A L C
309
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Golf
courses/countr
y clubs

C C C C C A A A P L A
Indoor
recreation
facilities

P
A

A A A A A P L
Libraries and
museums C C C P P P P P P P L A
Live
entertainment
A P P P P P 16.80.180
Marinas C C C A A
Outdoor
assembly
facilities

A A A L
Outdoor
commercial
recreation
facilities

C C C C C A
Parks and
playgrounds P P P P P P P P P P
Pool
halls/billiard
parlors

C C C L

16.80.040

16.80.270
Private
entertainment
facilities

C C C C
Private
residential
recreation
facilities

A A A A

16.80.030

16.80.270
Recreational
vehicle parks A A A L
Religious
facilities A A A A P P P P P P P L 16.80.080
Studios

A P P P P P L C

RESIDENTIAL USES
310
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Accessory
dwelling units
(ADUs) and
junior
accessory
dwelling units
(JADUs)

P P P P P P P P P

P
P 16.80.310
Caretaker and
employee
housing

A P P P P P P P L L L L
Cottage Court C P P P P L 16.80.215
Duplexes P P P P L 16.80.215
Mobile home
parks A A A A A 16.80.210
Multifamily
dwellings P P P P P P
C L 16.80.220
Co-living
(dwelling unit
facility)
A A A A A 16.80.225
Organizational
houses A A

A
A
Residential
care facilities
Assisted
living
facilities
A C P P P P P L 16.80.300
Care homes,
6 or fewer
clients

P P P P P
Family care
homes, 7 or
more clients
C C C L 16.80.300
Senior care
facilities, 7
or more
clients
A A A A L 16.80.300
311
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Rooming and
boarding
houses

A A L
Senior
residential
projects

P P P P P P P
L 16.80.220
Single-family
dwellings P P P P L
Townhouses A P P P P P P L 16.80.215
Triplexes P P P
A L 16.80.215
Fourplexes P P P A 16.80.215

RETAIL TRADE
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Agricultural
chemical sales A L P 16.36.080
Alcoholic
beverage sales
Bars and
nightclubs—
On-sale
C C C C 16.80.270
Sale of
alcohol—
Off-sale
C C C C C C 16.80.040
With
another
use—On-
sale

L L L L L L
Artisan shops P P P P P L P
Auto and
vehicle sales—
New

L C
L P 16.24.120 16.80.070

16.80.330
Auto and
vehicle sales—
Used
L A L 16.24.120 16.80.070

16.80.330
312
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Auto and
vehicle
leasing/rental
A C A L 16.80.070
Auto parts
sales P P P P A
Building
material stores A P L P P 16.80.330 Construction,
farm & heavy
equipment
sales
A A P P P 16.80.330
Convenience
stores C C C C 16.80.040 16.80.140

16.80.270
Furniture,
furnishings,
and appliance
stores
C P P P P P P 16.80.330
Mobile home
sales A P 16.80.330
Nurseries and
garden supply
stores
A C A P P P P P 16.80.330
Outdoor retail
sales and
activities

A A A A 16.80.260
Pet shops P P P P
Recreational
vehicle & boat
sales—
New/used
L A L 16.80.330
Restaurants
A P P P P P P P 16.80.250, 16.24.060
Retail stores A P P P P P P P P 16.80.330
Secondhand
stores/pawn
shops

A A A A
Shopping
centers
313
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Neighborho
od
A P P 16.80.330
Community C
P P 16.80.330
Regional P
A P 16.80.330
Warehouse
retail stores C C C 16.80.330

SERVICES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Adult day care
facilities P P P P P A L
Animal
services
Kennel and
boarding
facilities

A A A A
Pet
grooming A A P P P P L
Training
facilities A A L L L L L
Veterinary
clinics and
animal
hospitals
A A C P P P P P 16.80.370
Auto/vehicle
services
Car washes A A A P A P
Fueling
stations A L L L P L
L
P 16.80.320 16.80.340
Inoperable
vehicle
storage
L L
Maintenanc
e/minor
repair
A P P P P P P P 16.80.320
314
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Major
repair/body
work
P P P P 16.80.340
Parking
facilities C C C A A P P P P P P L 16.64.080
Vehicle
storage L P P P P P L
Cannabis
retailer
storefront
C C C C C C C 16.80.195
Child care
facilities
Child care
centers C C C C P P P P P P P P 16.80.100
Large
family child
care homes
P P P P P P P P P 16.80.100
Small
family child
care homes

P P P P P P P P P
Equipment
rental L P A P P
Funeral
facilities and
services

16.80.165
Cemeteries C C C C C C C C C C C
Mortuaries C C C A A A
Funeral
homes A A A A A
Crematoriu
m C C C A A A
Health/fitness
facilities P P P P L
Lodging
facilities
Bed and
breakfast C C C P P P P A 16.80.090
315
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Extended-
stay
facilities
P P P
Hotels and
motels P P P P P
Massage
establishment 16.80.190
State
certified P P P P P
Non-
certified C C A A
Medical
services
Ambulance
service A P P P L P P L
Clinics and
laboratories P P P P P L P L
Extended
care C C C P P P P L
Health-
related P P P P A 16.80.190
Hospitals C C C C
Medical-
related
facilities

P P P P P P
Non-storefront
cannabis retail
operator
permit
(delivery only)
A A A A A A A 16.80.195
Personal
services—
Restricted

C C A A
Personal
services—
Unrestricted

P P P P P
Personal
storage
A
C L L P P P 16.80.200
316
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
facilities
(mini-storage)
Repair services P P P P P P
Sanitary
services C A P L 16.36.080
Social services
facilities
Drug
abuse,
alcohol
recovery/tr
eatment
facility

A A A A
Feeding
centers C C C A
Emergency
shelters C C C C P P P 16.80.155

TRANSPORTATION AND COMMUNICATION USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Broadcasting
studios P P P P A P P P L
Communicatio
ns facilities
Minor E E E P P P P P P P P P P Ch. 16.44
Major A A A A A A P P A Ch. 16.44
Transit stations
and terminals C C C C P C
Vehicle and
freight
terminals
P P P

OTHER USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Live-work
space P P P P P P P
317
Draft
Attachment B

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Major impact
facilities C C C
Motion picture
production P P P P
Multi-use
facilities
A P P P P P A A P 16.80.230
Public and
semipublic
utility facilities

A A A A A A P P P L P P P L
Public
institutions C C C C C C C C C C C L L
Signs—Off-
premises E E E E E E E 16.76.110

Key: P = Use permitted L = Land development
permit required
A = Administrative use
permit required
C = Commission use
permit required
E = Use not allowed,
except under special
circumstances
Empty box = Use not
allowed

Notes:

See Section for an explanation of the table and each land use permit requirement.

A use permit shall be required of any new commercial, industrial, institutional, or accessory use, or major addition that involves the manufacture, storage, handling, or processing of hazardous materials in compliance with Section 16.36.080 (Hazardous materials).

See Division 8 for definitions of the listed land uses.

Home occupations require a home occupation permit (Chapter 16.132).

* Cannabis laboratories are not allowed to vertically integrate. This use is a stand- alone cannabis business and cannot be combined with any other cannabis business type.

(Ord. 2020-12-01-1502 C.S. § 3; Ord. 2020-09-15-1501 C.S. § 7; Ord. 2020-06-09-1501 C.S. § 4; Ord. 2019-07-16-1504 C.S. § 4; Ord. 2019-03-05-1501 C.S. § 4; Ord. 2018- 318
Draft
Attachment B
09-18-1502 C.S. § 19; Ord. 2017-12-05-1503 C.S. § 3; Ord. 2016-06-28-1503-01 C.S. § II; Ord. 2016-05-24-1605 C.S. § IV; Ord. 2016-04-12-1602 C.S. § II; Ord. 2016-01-26- 1601 C.S. § 2; Ord. 2014-07-29-1601 C.S. § 2; Ord. 2014-05-20-1601 C.S. § 2; Ord. 2013-12-17-1601 C.S. § 1; Ord. 2013-12-17-1210 C.S. § 2; Ord. 2013-07-30-1603-01 C.S. § 2; Ord. 2012-08-14-1602-02 C.S. § 1, eff. 9-13-12; Ord. 2012-04-10-1601 C.S. § 1; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 013-10 C.S. § 1, eff. 9-23-10; Ord. 011-10 C.S. § 1, eff. 8-26-10; Ord. 015-09 C.S., eff. 12-3-09; Ord. 014-09 C.S. § 2, eff. 11-5-09; Ord. 011-08 C.S. § 2; Ord. 001-08 C.S. § 1; Ord. 023-07 C.S. §§ 5, 6; Ord. 018-071 C.S. § 1; prior code § 16-220.020)

SECTION III: AMENDMENT OF CODE
Title 16, Chapter 16.80, Section 16.80.200 of the Stockton Municipal Code (SMC) is amended to read as follows:

16.80.200 Mini-storage facilities.

This section provides development and operational standards for the establishment of mini-storage or personal storage facilities in nonresidential zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Parcel Size. The minimum parcel size shall be 20,000 square feet.

B. Setback. Mini-storage facilities shall be set back 15 feet from the front property line.

C. Perimeter Wall. A solid masonry wall shall be provided around the perimeter of the facility. The wall shall be at least six (6) feet in height when adjacent to nonresidential zones and at least eight (8) feet in height when adjacent to residential zones, except:

1. The walls of the storage structures may serve as the required perimeter walls along interior and rear property lines; and

2. No air-conditioning or other noise-producing activities, uses, or openings shall be allowed within 10 feet of any property line adjacent to residential zoning districts.

D. Landscaping. Landscaping shall be provided between perimeter walls and adjacent residential and street side property lines to effectively screen the perimeter wall and reduce the visual impact of long, flat wall surfaces.

E. Architectural Compatibility. The facility, including perimeter walls, shall be designed to be architecturally compatible with the surrounding land uses. 319
Draft
Attachment B
F. Aisles. Aisles shall be a minimum of 25 feet in width between structures to provide unobstructed and safe circulation.

G. Site Paved. Except for structures and landscaping, the site shall be entirely paved in compliance with the City’s standard specifications and plans.

H. Business Activity. No business activity of any kind shall be conducted on the site, other than:

1. The rental of storage spaces for inactive storage use;

2. The sale of incidental storage supplies (e.g., packing boxes, wrapping paper);

3. The sale of unclaimed items; and

4. The rental of up to three (3) personal moving vehicles, provided they are screened from the public right-of-way and incidental to the mini-storage facility.

I. Storage Enclosed. All storage shall be located within a fully-enclosed structure(s).

J. Hazardous Material. Flammable or otherwise hazardous materials shall not be stored on-premises.

K. Lights. Lighting shall not reflect on any residentially zoned property.

L. Manager/Caretaker Quarters. Residential quarters for a manager or caretaker may be provided in the development.

M. Parking. Parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards).

N. Fire Sprinklers. National Fire Protection Association (NFPA) 13 compliant fire sprinklers and waterflow detection shall be required on all covered mini-storage facilities. (Ord. 015-09 C.S., eff. 12-3-09; prior code § 16-365.160) O. Mini-storage facilities in the Commercial, Downtown (CD) zone. Mini-storage facilities in the CD zone may be permitted with the approval of a Commission Use Permit and are limited to 60-percent of the leasable interior space within an existing building. These facilities may not be constructed as standalone facilities or new construction.

1. Applicability. These standards shall apply to mini-storage facilities within the CD zone.

320
Draft
Attachment B

2. Limit. No mini-storage facility may be permitted within one-quarter (1/4) mile radius of another mini-storage facility within the CD zone, measured from the edge of the parcel.

3. Size and location. All mini-storage fac ilities in the CD zone shall comply with the following standards:

a. The entire operation must be enclosed within the interior of an existing building and not occupy more than sixty (60) percent of the leasable space of the entire building.
b. Ground floor storage uses cannot e xceed seventy (70) percent of the leasable ground floor space.
c. To maintain street-lev el activity intended for the CD zoning district, mini- storage facilities are prohibited from being located along the building’s primary entrance or main street-facing frontage.

4. Stealthing. Mini-storage facilities in the CD zone are permitted as an accessory use along the main street-facing frontage. Pedestrian entry to the storage facility at the main street-facing frontage is limited to interior access. The building’s primary entrance shall remain pedestrian and retail-service oriented, consistent with the General Plan policies for Downtown activity. A variety of techniques shall be used to disguise or mitigate the visual presence of the mini-storage facility, such as blending elements of pedestrian-scale retail storefront components into the façade of the building including reliefs, murals, landscaping, transparent display windows, or windows affording views into retail, office, or lobby space.

5. Façade Improvements. To create cohesive and well-crafted building facades with human-scale details that incorporate textures, colors, and other details that are compatible with and enhance the surrounding area, facility layout, design, exterior building materials and treatment for all structures including, but not limited to, fences, walls, gates, buildings, and landscaping shall be of high quality and aesthetically pleasing when viewed from adjacent properties and the public right-of-way. The Secretary of Interior’s Standards for Rehabilitation will apply in cases of historic structures through the preservation of historic materials and surfaces. Façade improvements shall be consistent with the Downtown Commercial Design Guidelines to emphasize a sense of history, unique character, pedestrian orientation, quality development, safety, art and culture.

a. Entryways. The entryway to the bui lding shall complement the building style, the relationship of the building to the site access, and shall incorporate pedestrian-scaled details, architectural articulation, and quality craftsmanship. The entrance shall have a clearly defined, highly visible customer entrance with canopies, porticos, recesses/projections, arcades, raised corniced parapets over the doors, peaked roof forms, arches, outdoor patios, display windows, architectural details that are integrated 321
Draft
Attachment B
into the building structure and design, or integral planters or wing walls that incorporate landscaped areas and/or places for sitting, as appropriate. b. Breaks in blank walls. A break in a blank building wall may be provided by any of the following:
i. Doors, windows, or other bu ilding openings that enhances the architectural character of the building;
ii. Building projections or recesse s, doorway and window trim or other details that provide architectural articulation and design interest; iii. Varying wall planes, where the wa ll plane projects or is recessed at least six inches;
iv. Non-fabric awnings, canopies, or arcades;
v. Substantial variations in build ing materials. For example, adding brick or stone veneer to a stucco building or changing from vertically-oriented board and baton style siding to horizontally- oriented lap siding; or
vi. A living wall. At least (twenty) 20 percent of the street-facing building wall surface area is covered in a directly integrated living wall or building integrated vegetation. Plans submitted for living walls and building integrated vegetation must include a long-term maintenance plan that includes documentable evidence of on-going maintenance and operation strategies to ensure the long-term viability of the wall. Living walls and building integrated vegetation must include an integrated water delivery system.

6. Landscaping. Landscaping is regul ated by SMC Section 16.72.240 and

16.56.040. Landscaping in the CD zone will be consistent with the Downtown Commercial Design Guidelines.

7. Parking and Loading. Parking and l oading standards are regulated by SMC Chapter 16.64.

8. Hours of Operation. All Mini-storage us e shall be restricted to daytime use from 7 AM to 10 PM as defined by the Stockton Municipal code.

9. Signage. Onsite signage is regulated by SMC Chapter 16.76. Signage in the CD zone will be consistent with the Downtown Commercial Design Guidelines.

SECTION IV. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION V. EFFECTIVE DATE
322
Draft
Attachment B

This Ordinance shall take effect and be in fu ll force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

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

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

323
WASHINGTON ST.

E. MARKET ST.

CALIFORNIA ST.

EXISTING BUILDING
530 E. MARKET ST.

S. AMERICAN ST.

EXISTING

ONE-STORY

BUILDING

PROPOSED PARKING
FOR

SELF-STORAGE

PROPOSED

PARKING -
OFFICE

EXISTING

PARKING

NEW OFFICE

ENTRANCE

LOADING/UNLOADINGNEW STORAGE

ENTRANCE

EXISTING

ENTRANCE

EXISTING

ENTRANCES

EXISTING

ENTRANCE

NEW CACTUS
GARDEN

EXISTING

ENTRANCES

EXISTING

ENTRANCE

EXISTING
"STOCKTON RECORD"

ENTRANCE

EXISTING

ENTRANCE
32 11
9 9
5'-0"

PROPOSED
5'-0" WIDE

LANDSCAPING
BELT

EXISTING

LANDSCAPING

PROPOSED
TREES

EXISTING

TRANSFORMER

EXISTING
GATE

EXISTING
GATE -
TO
REMAIN
CLOSED
AT ALL
TIMES
8/31/2022
530 E MARKET STSITE PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet

SITE DATA
LOT AREA = 91,112 SF
TOTAL GROSS BUILDING AREA = 79, 494 SF

PARKING SPACES PROVIDED
STANDARD - 39
ACCESIBLE - 2
COMPACT - 20
TOTAL = 61

ATTACHMENT C
324

PROPOSED

STORAGE
±43,575 SF

PROPOSED
OFFI
CE &
RETAIL
±15,618 SF
MARKET ST.

CALIFORNIA ST.

PARKING

PARKING EVENT SPACE
±5088 SF

OFFICE & RETAILSPACE

STORAGE SPACE

NEW STORAGE

ENTRANCE LOADING/UNLOADING EXISTING ENTRANCES

EXISTING ENTRANCE

EXISTING ENTRANCE EXISTING ENTRANCE

EXISTING ENTRANCE
NEW
OFFICE

ENTRANCE
EXISTING "STOCKTON
RECORD" ENTRANCE

EXISTING ENTRANCEEXISTING ENTRANCE
WASHINGTON ST.
1st Floor: 15,618 SF
2nd Floor: 10,898 SF
TOTAL: 26,516 SF
≈23% Of 11
2,899 SF
Total Gross Area
1st Floor: 43,575 SF
Basement: 9306 SF
Mezzanine: 986 SF
2nd Floor: 13,873 SF
TOTAL: 67,740 SF
≈60% Of 112
,899 SF
Total Gross Area

EVENT SPACE
Warehouse: 5088 SF
8/31/2022
530 E MARKET STFIRST FLOOR BLOCKING
PLAN
1" = 20'-0"AD.08
1 FIRST FLOOR PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet

ATTACHMENT C
325

PROPOSED STORAGE
±13,873 SF

PROPOSED OFFICE
±10,898 SF

OFFICE SPACE

STORAGE SPACE
2nd Floor: 10,898 SF
2nd Floor: 13,873 SF
8/31/2022
530 E MARKET STSECOND FLOOR

BLOCKING PLAN
1" = 20'-0"AD.09
1 SECOND FLOOR PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet

ATTACHMENT C
326

TO BE DETERMINED (POTENTIAL

FUTURE RESIDENTIAL)
3rd F
loor: 8389 SF

ATTIC SPACE
3rd F
loor: 5166 SF

TO BE DETERMINED
(POTENTIAL FUTURE

RESIDENTIAL)
±8389 SF

ATTIC SPACE
±5166 SF
8/31/2022
530 E MARKET STTHIRD FLOOR BLOCKING
PLAN
1" = 20'-0"AD.11
1 THIRD FLOOR PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet

ATTACHMENT C
327

STORAGE SPACE
Basement: 9306 SF

STORAGE SPACE
±9306 SF
8/31/2022
530 E MARKET STBASEMENT BLOCKING
PLAN
1" = 20'-0"AD.12
1 BASEMENT PLAN

ATTACHMENT C
328
8/31/2022
530 E MARKET STPERSPECTIVE VIEWS
VIEW FROM CORNER OF MARKET & S. AMERICAN ST. VIEW FROM CORNER OF MARKET & CALIFORNIA ST.

VIEW FROM CORNER OF WASHINGTON & S. AMERICAN ST.VIEW FROM CORNER OF CALIFORNIA & WASHINGTON ST.

ATTACHMENT C
329
CITY POPULATION STORAGE ALLOWED? STORAGE FACILITY?
Modesto, CA 212,616 YES
• Allowed in UGD, C-M, M-1, and
M-2 zones; conditionally
permitted in C-3
YES
• 1305 10th Street (UDG Zone)
Sacramento, CA 500,930 YES
• Permitted in C-2
YES
• 1800 21st Street (C-2 Zone
with SPD Overlay)
Fresno, CA 525,010 YES
• DTN (B) and (C); and DTG (B)
and (C).

YES
• 1309 N Golden State Blvd;
• 3330 E Tulare Street;
San Jose, CA 1,028,000 Not explicitly YES
• 850 10th Street

ATTACHMENT D
330
City of Stockton, CA September 6, 2022
1/4 Mile Radius from Subjec t Site
Property Information
Property ID 14913018-64235
Location 530 E MARKET ST
Owner GATEHOUSE MEDIA

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 08/11/2022
Data updated 08/04/2022
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1489.3320727679213 ft

ATTACHMENT E
331
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 W AY (ROW)

ATTACHMENT E
332

NEIGHBORHOOD MEETING NOTICE
530 E. Market Street

Dear Resident or Property Owner,

This notice is being sent to inform you that 530 E. Market Street Investors, LLC, owners of the property located at 530 E. Market Street (the former Record building) is proposing a mixed-use repurposing of the property for retail, self-storage, office, and possibly housing and associated onsite improvements (parking, lighting, landscaping). This repurposing involves a request to allow personal mini storage in a portion of the existing building.

The project site totals approximately 2.65 acres, is currently designated “CD” or “Commercia l Downtown.” The proposed personal storage use would require a commission use permit (CUP) approved by the Planning Commission and a zoning text amendment approved by the City Council to conditionally permit this use in the CD zone.

As part of the approval process, this notice is being sent to inform you of a meeting that will occur on WEDNESDAY, JULY 27, 2022 AT 5:30 PM PACIFIC TIME at the project site (530 E. Market Street, Stockton) to answer any questions you may have about the proposed project.

If you have any questions about this meeting, please contact Steve Dunn at 209-992-0953 or [email protected] .

Best regards,

Matt Marks
530 E. Market Street Investors, LLC

ATTACHMENT F
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Attachment G
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Attachment G
335
Attachment G
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Attachment G
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Attachment G
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Attachment G
339

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16, CHAPTER 16.20, SECTION 16.20.020 (Table 2-2) AND CHAPTER 16. 80, SECTION 16.80. 200 (MINI -STORAGE FA CILITIES) OF

THE STOCKTON MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

SECTION I: FINDINGS AND INTENT

Pursuant to SMC Section 16.116.050(B), the City Council makes the following Mandatory Findings of Fact for All Amendments and Additional Findings for Zoning Map Amendments.

Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Evidence: The proposed development code text amendments are consistent with the General Plan Environmental Impact Report (EIR) (SCH No. 2017052062).

These amendments will not result in physical impact or change to the land use intensities identified in the General Plan Environmental Impact Report (EIR). The 340

EIR document provides a programmatic review of the potential impacts associated with implementation of the General Plan. None of the potential changes being considered will impact the analysis or conclusions of the General Plan EIR as the extent of the potential impacts and allowed density considered in the General Plan EIR. Future proposals based on the amendments would be reviewed on a case-by-case basis for consistency with this review and the General Plan EIR.

Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

SECTION II: AMENDMENT OF CODE

Title 16, Chapter 16.20, Section 16.20.020 (Table 2-2) of the Stockton Municipal Code (SMC) is amended to read as follows:

16.20.020 Allowable land uses and permit requirements.

determined by the Director, require the approval of a land development permit (Chapter 16.136). If there will be no construction, expansion of an existing facility, or a change to a more intensive use, the use is allowed without a new land development permit.
c. Administrative Use Permit (A). All land uses shown with an “A” in the tables are allowed subject to the approval of an administrative use permit (Chapter 16.172). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
d. Commission Use Permit (C). All land uses shown with a “C” in the tables are allowed subject to the approval of a commission use permit (Chapter 16.172). If there is an existing use permit for the use and there will be no new construction or expansion of an existing facility, no new use permit shall be required.
e. Not Allowed (Empty Box in Table). All land uses shown with an empty box in the table are not allowed in the applicable zoning district. f. Not Allowed, Except Under Special Circumstances (E). All land uses shown with an “E” on the table are not allowed in the applicable zoning district, except under the special circumstances identified in the specific use standards in Division 3.

4. Changes to an Approved Project. Changes to an approved project that required a land use permit shall be subject to the requirements of Chapter 16.104 (Changes to an Approved Project).

5. Uses Not Listed. Land uses that are not listed in Table 2-2 are not allowed, except as otherwise provided by Section 16.08.020(E) (Rules of interpretation—Allowable uses of land).

C. Overlay Zoning Districts. Development located in overlay zoning districts (Aircraft Operations Overlay District, Design Review Overlay District, Channel Area 342

Overlay District, Magnolia Historic Overlay District, and Commercial-Industrial Overlay District) shall be in compliance with Chapter 16.28 (Overlay Zoning District Land Use and Development Standards).

D. Accessory Uses. Accessory land uses are subject to the requirements of Section 16.80.020 (Accessory uses and structures).

E. Temporary Uses. Temporary uses are subject to the requirements of Chapter 16.164 (Temporary Activity Permits).

1. Auto/Vehicle Services: Car Washes; and

2. Auto/Vehicle Services: Fueling Stations.

TABLE 2-2

ALLOWABLE LAND USES AND PERMIT REQUIREMENTS

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Urban
agriculture P P P P P P P P P P P P 16.80.350

BUSINESS AND PROFESSIONAL USES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Banks and
financial
services

P P P P P P P
Business
support
services

P P P P P P P
Offices P A P P P P A A P L 16.80.240

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

P P P P L L

16.24.080(B)(2)

16.24.090(B)

16.24.110(D)

16.24.180(D)
Bridge clubs
and
nongambling
board games

P P P P P L
Card rooms C C C L

16.80.040

16.80.270
Clubs, lodges,
and private
meeting halls

P P P P P L P P A
346

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Commercial
amusement
facilities

A A A A A A
Educational
facilities
Academic
schools—
Private

A A A A A A A A
Academic
schools—
Public

P P P P P
Colleges
and
universities
—Private

C C
Vocational
and
technical
schools

P P P P P P P
Equipment
repair and
maintenanc
e training

P P A P L
Specialized
education
and training

A A P P P A P P L
Vehicle
repair and
maintenanc
e training

A P P P L
Truck and
heavy
equipment
education
and training

P P P L
Equestrian
facilities C A A L C
347

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Golf
courses/countr
y clubs

C C C C C A A A P L A
Indoor
recreation
facilities

P
A

A A A A A P L
Libraries and
museums C C C P P P P P P P L A
Live
entertainment
A P P P P P 16.80.180
Marinas C C C A A
Outdoor
assembly
facilities

A A A L
Outdoor
commercial
recreation
facilities

C C C C C A
Parks and
playgrounds P P P P P P P P P P
Pool
halls/billiard
parlors

C C C L

16.80.040

16.80.270
Private
entertainment
facilities

C C C C
Private
residential
recreation
facilities

A A A A

16.80.030

16.80.270
Recreational
vehicle parks A A A L
Religious
facilities A A A A P P P P P P P L 16.80.080
Studios

A P P P P P L C

RESIDENTIAL USES
348

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Accessory
dwelling units
(ADUs) and
junior
accessory
dwelling units
(JADUs)

P P P P P P P P P

P
P 16.80.310
Caretaker and
employee
housing

A
A
Residential
care facilities
Assisted
living
facilities
A C P P P P P L 16.80.300
Care homes,
6 or fewer
clients

P P P P P
Family care
homes, 7 or
more clients
C C C L 16.80.300
Senior care
facilities, 7
or more
clients
A A A A L 16.80.300
349

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Rooming and
boarding
houses

A A L
Senior
residential
projects

P P P P P P P
L 16.80.220
Single-family
dwellings P P P P L
Townhouses A P P P P P P L 16.80.215
Triplexes P P P
A L 16.80.215
Fourplexes P P P A 16.80.215

L L L L L L
Artisan shops P P P P P L P
Auto and
vehicle sales—
New

L C
L P 16.24.120 16.80.070

16.80.330
Auto and
vehicle sales—
Used
L A L 16.24.120 16.80.070

16.80.330
350

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

A A A A
Shopping
centers
351

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Neighborho
od
A P P 16.80.330
Community C
P P 16.80.330
Regional P
A P 16.80.330
Warehouse
retail stores C C C 16.80.330

SERVICES
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Adult day care
facilities P P P P P A L
Animal
services
Kennel and
boarding
facilities

P 16.80.320 16.80.340
Inoperable
vehicle
storage
L L
352

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Maintenanc
e/minor
repair
A P P P P P P P 16.80.320
Major
repair/body
work
P P P P 16.80.340
Parking
facilities C C C A A P P P P P P L 16.64.080
Vehicle
storage L P P P P P L
Cannabis
retailer
storefront
C C C C C C C 16.80.195
Child care
facilities
Child care
centers C C C C P P P P P P P P 16.80.100
Large
family child
care homes
P P P P P P P P P 16.80.100
Small
family child
care homes

P P P P P P P P P
Equipment
rental L P A P P
Funeral
facilities and
services

16.80.165
Cemeteries C C C C C C C C C C C
Mortuaries C C C A A A
Funeral
homes A A A A A
Crematoriu
m C C C A A A
Health/fitness
facilities P P P P L
353

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Lodging
facilities
Bed and
breakfast C C C P P P P A 16.80.090
Extended-
stay
facilities
P P P
Hotels and
motels P P P P P
Massage
establishment 16.80.190
State
certified P P P P P
Non-
certified C C A A
Medical
services
Ambulance
service A P P P L P P L
Clinics and
laboratories P P P P P L P L
Extended
care C C C P P P P L
Health-
related P P P P A 16.80.190
Hospitals C C C C
Medical-
related
facilities

P P P P P P
Non-storefront
cannabis retail
operator
permit
(delivery only)
A A A A A A A 16.80.195
Personal
services—
Restricted

C C A A
354

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
Personal
services—
Unrestricted

P P P P P
Personal
storage
facilities
(mini-storage)
A
C L L P P P 16.80.200
Repair services P P P P P P
Sanitary
services C A P L 16.36.080
Social services
facilities
Drug
abuse,
alcohol
recovery/tr
eatment
facility

A A A A
Feeding
centers C C C A
Emergency
shelters C C C C P P P 16.80.155

OTHER USES
355

LAND USES PERMIT REQUIREMENT BY ZONING DISTRICT

SPECIFIC USE

STANDARDS
R
E
R
L
R
M
R
H
C
O
C
N
C
G
C
D
C
L
C
A
I
L
I
G
P
T
P
F
O
S
Live-work
space P P P P P P P
Major impact
facilities C C C
Motion picture
production P P P P
Multi-use
facilities
A P P P P P A A P 16.80.230
Public and
semipublic
utility facilities

A A A A A A P P P L P P P L
Public
institutions C C C C C C C C C C C L L
Signs—Off-
premises E E E E E E E 16.76.110

Notes:

See Section for an explanation of the table and each land use permit requirement.

See Division 8 for definitions of the listed land uses.

Home occupations require a home occupation permit (Chapter 16.132).

* Cannabis laboratories are not allowed to vertically integrate. This use is a stand- alone cannabis business and cannot be combined with any other cannabis business type.
356

SECTION III: AMENDMENT OF CODE

Title 16, Chapter 16.80, Section 16.80.200 of the Stockton Municipal Code (SMC) is amended to read as follows:

16.80.200 Mini-storage facilities.

A. Parcel Size. The minimum parcel size shall be 20,000 square feet.

B. Setback. Mini-storage facilities shall be set back 15 feet from the front property line.

1. The walls of the storage structures may serve as the required perimeter walls along interior and rear property lines; and

2. No air-conditioning or other noise-producing activities, uses, or openings shall be allowed within 10 feet of any property line adjacent to residential zoning districts.

E. Architectural Compatibility. The facility, including perimeter walls, shall be designed to be architecturally compatible with the surrounding land uses.

F. Aisles. Aisles shall be a minimum of 25 feet in width between structures to provide unobstructed and safe circulation.
357

G. Site Paved. Except for structures and landscaping, the site shall be entirely paved in compliance with the City’s standard specifications and plans.

H. Business Activity. No business activity of any kind shall be conducted on the site, other than:

1. The rental of storage spaces for inactive storage use;

2. The sale of incidental storage supplies (e.g., packing boxes, wrapping paper);

3. The sale of unclaimed items; and

4. The rental of up to three (3) personal moving vehicles, provided they are screened from the public right-of-way and incidental to the mini-storage facility.

I. Storage Enclosed. All storage shall be located within a fully-enclosed structure(s).

J. Hazardous Material. Flammable or otherwise hazardous materials shall not be stored on-premises.

K. Lights. Lighting shall not reflect on any residentially zoned property.

L. Manager/Caretaker Quarters. Residential quarters for a manager or caretaker may be provided in the development.

M. Parking. Parking shall be provided in compliance with Chapter 16.64 (Off-Street Parking and Loading Standards).

N. Fire Sprinklers. National Fire Protection Association (NFPA) 13 compliant fire sprinklers and waterflow detection shall be required on all covered mini-storage facilities.

O. Mini-storage facilities in the Commercial, Downtown (CD) zone. Mini-storage facilities in the CD zone may be permitted with the approval of a Commission Use Permit and are limited to 60-percent of the leasable interior space within an existing building. These facilities may not be constructed as standalone facilities or new construction.

1. Applicability. These standards shall apply to mini-storage facilities within the CD zone.

2. Limit. No mini-storage facility may be permitted within one-quarter (1/4) mile radius of another mini-storage facility within the CD zone, measured from the edge of the parcel.
358

3. Size and location. All mini-storage facilities in the CD zone shall comply with the following standards:

a. The entire operation must be enclosed within the interior of an existing building and not occupy more than sixty (60) percent of the leasable space of the entire building.
b. Ground floor storage uses cannot exceed seventy (70) percent of the leasable ground floor space.
c. To maintain street-level activity intended for the CD zoning district, mini- storage facilities are prohibited from being located along the building’s primary entrance or main street-facing frontage.

i. Doors, windows, or other building openings that enhances the architectural character of the building;
ii. Building projections or recesses, doorway and window trim or other details that provide architectural articulation and design interest; iii. Varying wall planes, where the wall plane projects or is recessed at least six inches;
iv. Non-fabric awnings, canopies, or arcades;
v. Substantial variations in building materials. For example, adding brick or stone veneer to a stucco building or changing from vertically-oriented board and baton style siding to horizontally- oriented lap siding; or
vi. A living wall. At least (twenty) 20 percent of the street-facing building wall surface area is covered in a directly integrated living wall or building integrated vegetation. Plans submitted for living walls and building integrated vegetation must include a long-term maintenance plan that includes documentable evidence of on-going maintenance and operation strategies to ensure the long-term viability of the wall. Living walls and building integrated vegetation must include an integrated water delivery system.

6. Landscaping. Landscaping is regulated by SMC Section 16.72.240 and

16.56.040. Landscaping in the CD zone will be consistent with the Downtown Commercial Design Guidelines.

7. Parking and Loading. Parking and loading standards are regulated by SMC Chapter 16.64.

8. Hours of Operation. All Mini-storage use shall be restricted to daytime use from 7 AM to 10 PM as defined by the Stockton Municipal code.

9. Signage. Onsite signage is regulated by SMC Chapter 16.76. Signage in the CD zone will be consistent with the Downtown Commercial Design Guidelines.

SECTION IV. SEVERABILITY

If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.
//
//
//
//
//
//
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360

SECTION V. EFFECTIVE DATE

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

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

ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
361

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING A COMMISSION USE PERMIT TO ESTABLISH A PERSONAL STORAGE FACILITY LOCATED AT 530 E. MARKET STREET (APN 149- 130-18) (P21-1084)

The Applicant (530 East Market Investors, LLC ) proposed amendments to revise Stockton Municipal Code (SMC) section 16.20.020, Table 2- 2 (Allowable land uses and permit requirements) and section 16.80.200 (Mini-storage facilities) to allow mini-storage uses in the Commercial, Downtown (CD) zone in conformance with the development standards; and

The Applicant also proposed a Commission Use Permit application to establish a mini-storage fac ility in a Commercial, Downtown (CD) zoned parcel, located at 530 E. Market Street. Approval of the Commission Use Permit is contingent on the City adopting the proposed code amendments; and

A neighborhood meeting was held by the Applicant on July 27, 2022, with invites to the meeting sent to all property owners within a 300-foot radius of the subject property.

In addition, the Applicant invited the Downtown Stockton Alliance and Reinvent South Stockton. One member of the public attended the meeting from the Downtown Stockton Alliance and was generally supportive of the Project; and

On October 13, 2022, the Planning Commission conducted a duly noticed public hearing to review the proposed amendments and use permit. After discussion, the Planning Commission approved a resolution recommending the City Council approve the code amendment and the Commission Use Permit; and

On January 24, 2023, the City Council conducted a duly noticed public hearing on the application, in compliance with Stockton Municipal Code (SMC) section 16.88, at which point all persons wishing to be heard were provided such opportunity; 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 incorporated by reference.

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

3. Based on the staff report, staff presentation, comments received, and the public hearing, the City Council makes the following findings based on s ubstantial 362

evidence in the record:

COMMISSION USE PERMIT FINDINGS

Per SMC 16.168.050, the following findings shall be made for all use permits:

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

B. T
he proposed use would maintain or strengthen the integrity and character of the neighborhood and zoning district in which it is to be located;

Evidence: B y requiring “stealthing” of the facility to only within the existing vacant building, requiring building upgrades and façade improvements consistent with active pedestrian- oriented Design Guidelines for the downtown, and preservation of street -facing ground floors for active pedestrian-oriented activities, the use will strengthen the CD zone through adaptive reuse of a long-vacant building.

C. T
he proposed use would be consistent with the general land uses, objectives, policies, and programs of the General Plan and any applicable specific plan or master development plan;

Evidence: S
taff has reviewed the pr oposed project and evaluated its consistency with applicable General Plan actions and policies. The General Plan Land Use Map designates the subject site as commercial. Additionally, the project is consistent with the following General Plan goals and policies:

• A
ction LU -2.1B- Amend the Development Code to provide
flexibility for redevelopment of historic structures in the Downtown to meet the needs of modern users while
maintaining the overall historic value.
• Policy LU- 6.2- Prioritize development and redevelopment of vacant, underutilized, and blighted infill areas.
• Action CH- 2.1C- Develop incentives to promote reuse of distressed areas, such as through rezoning, permit
streamlining, density bonuses, and other appropriate tools. • Action CH-2.1E- Investigate and implement programs that will incentivize landlords to maintain properties free of Municipal 363

Code violations and criminal activity.
• Policy CH-2.2- Stimulate investment through partnerships with private property owners, neighborhood groups, health and housing advocates, nongovernmental organizations, and other community supporters.

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

Evidence: T
he proposed project has been analyzed by all applicable departments, and it has been determined that existing streets and proposed public accessways are adequate to serve the project. Further, a Building Permit is required for the proposed min-storage facility and the project will be required to comply with all applicable Building Code standards. The site will have access to City utility services.

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

Evidence: T
he proposed land use will require the Applicant to adhere to all applicable Building and Fire codes. Construction of the proposed min-storage facility will take place entirely inside of an existing structure. The project enhances the streetscapes of E. Market, N. California, and E. Washington Streets, which contributes positively to the pedestrian experience. Future construction permits on the site wil l be subject to regulations that outline operational and design constraints that promote public health, safety, and welfare.

F. T
he design, location, size, and operating characteristics of the proposed use would be compatible with the existing and future land uses on-site and in the vicinity of the subject property; and

Evidence: T he proposed mini-storage facility is located on a vacant parcel in a commercial zone near existing offices and commercial uses and raises no potential issues related to compatibility with the existing and future land uses on-site and in the vicinity of the subject property.

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

364

Evidence: The project is categorically exempt from the CEQA, pursuant to CEQA Guidelines section 15332 (In- fill Development Projects) since the project consists of development within city limits on a parcel that is no more than five (5) acres in size and is substantially surrounded by urban uses.

CONDITIONS OF APPROVAL

1. This approval authorizes the operation of a mini -storage facility at the commercial building area identified in Exhibit 1 , attached hereto and incorporated by this reference.

2. Comply with all applicable State, County, and City codes, regulations, and adopted standards, and pay all applicable fees.

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

4. The CUP approval will not commence until after the effective period (30- days) has ended for the associated code amendment of SMC section 16.80.200 – Mini-storage facilities. The CUP approval will expire in one year from the commencement of the approval of the CUP is not effectuated.

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

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

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

8. Building permit(s) required from the City of Stockton Building & Life Safety Division for any alterations to the building or site, including but not limited to, changes to the layout or use of the building, changes to the layout or use of the site, and any changes to the building systems (mechanical, electrical, and plumbing).

9. Plans submitted for purposes of building permit(s) shall reflect compliance with the standards at Development Co de Table 2- 3, including all aspects of Municipal Code Title 16 (Development Code).

10. The permit shall become void unless the required use or building permit application filing with the City for construction is initiated within 12 months of this permit bein g issued (SMC 16.96.020(A)).
365

4. Based on its review of the entire record herein, including the January 24, 2023, City Council staff report and all supporting, referenced, and incorporated documents and all comments received at the public hearing, the findings above, and the approved plans as illustrated in Exhibit 1, the City Council hereby approves the requested Commission Use Permit.

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

PASSED, APPROVED and ADOPTED: January 24, 2023 .

KEVIN J. LINCOLN II
Mayor of the City of Stockton

ATTEST:

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

366
WASHINGTON ST.

E. MARKET ST.

CALIFORNIA ST.

EXISTING BUILDING
530 E. MARKET ST.

S. AMERICAN ST.

EXISTING

ONE-STORY

BUILDING

PROPOSED PARKING
FOR S

ELF-STORAGE

PROPOSED

PARKING -
OFFICE

EXISTING

PARKING

NEW OFFICE

ENTRANCE

LOADING/UNLOADINGNEW STORAGE

ENTRANCE

EXISTING

ENTRANCE

EXISTING

ENTRANCES

EXISTING

ENTRANCE

NEW CACTUS
GARDEN

EXISTING

ENTRANCES

EXISTING

ENTRANCE

EXISTING
"STOCKTON RECORD"

ENTRANCE

EXISTING

ENTRANCE
32 11
9 9
5'-0"

PROPOSED
5'-0" WIDE

LANDSCAPING
BELT

EXISTING

LANDSCAPING

PROPOSED
TREES

EXISTING

TRANSFORMER

EXISTING
GATE

EXISTING
GATE -
TO
REMAIN
CLOSED
AT ALL
TIMES
8/31/2022
530 E MARKET STSITE PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet

SITE DATA
LOT AREA = 91,112 SF
TOTAL GROSS BUILDING AREA = 79, 494 SF

PARKING SPACES PROVIDED
STANDARD - 39
ACCESIBLE - 2
COMPACT - 20
TOTAL = 61
EXHIBIT 1
367

PROPOSED

STORAGE
±43,575 SF

PROPOSED
OFFIC
E &
RETAIL
±15,618 SF
MARKET ST.

CALIFORNIA ST.

PARKING

PARKING EVENT SPACE
±5088 SF

OFFICE & RETAILSPACE

STORAGE SPACE

NEW STORAGE

ENTRANCE LOADING/UNLOADING EXISTING ENTRANCES

EXISTING ENTRANCE

EXISTING ENTRANCE EXISTING ENTRANCE

EXISTING ENTRANCE
NEW
OFFICE

ENTRANCE
EXISTING "STOCKTON
RECORD" ENTRANCE

EXISTING ENTRANCEEXISTING ENTRANCE
WASHINGTON ST.
1st Floor: 15,618 SF
2nd Floor: 10,898 SF
TOTAL: 26,516 SF
≈23% Of 112
,899 SF
Total Gross Area
1st Floor: 43,575 SF
Basement: 9306 SF
Mezzanine: 986 SF
2nd Floor: 13,873 SF
TOTAL: 67,740 SF
≈60% Of 112,8
99 SF
Total Gross Area

EVENT SPACE
Warehouse: 5088 SF
8/31/2022
530 E MARKET STFIRST FLOOR BLOCKING
PLAN
1" = 20'-0"AD.08
1 FIRST FLOOR PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet
EXHIBIT 1
368

PROPOSED STORAGE
±13,873 SF

PROPOSED OFFICE
±10,898 SF

OFFICE SPACE

STORAGE SPACE
2nd Floor: 10,898 SF
2nd Floor: 13,873 SF
8/31/2022
530 E MARKET STSECOND FLOOR

BLOCKING PLAN
1" = 20'-0"AD.09
1 SECOND FLOOR PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet
EXHIBIT 1
369

TO BE DETERMINED (POTENTIAL

FUTURE RESIDENTIAL)
3rd Fl
oor: 8389 SF

ATTIC SPACE
3rd Fl
oor: 5166 SF

TO BE DETERMINED
(POTENTIAL FUTURE

RESIDENTIAL)
±8389 SF

ATTIC SPACE
±5166 SF
8/31/2022
530 E MARKET STTHIRD FLOOR BLOCKING
PLAN
1" = 20'-0"AD.11
1 THIRD FLOOR PLAN
0 40' 60' 80'20'
Graphic Scale: 1 inch = 20 feet
EXHIBIT 1
370

STORAGE SPACE
Basement: 9306 SF

STORAGE SPACE
±9306 SF
8/31/2022
530 E MARKET STBASEMENT BLOCKING
PLAN
1" = 20'-0"AD.12
1 BASEMENT PLAN
EXHIBIT 1
371
8/31/2022
530 E MARKET STPERSPECTIVE VIEWS
VIEW FROM CORNER OF MARKET & S. AMERICAN ST. VIEW FROM CORNER OF MARKET & CALIFORNIA ST.

VIEW FROM CORNER OF WASHINGTON & S. AMERICAN ST.VIEW FROM CORNER OF CALIFORNIA & WASHINGTON ST.

EXHIBIT 1
372
Development Code Amendment
and Project Use Permit
Request For
Personal Mini-Storage Facility Use
(P21-1084)
Stockton City Council
Agenda Item 16.1
January 24, 2023
373
Request
•S M C Section 16.20.020, Table 2‐2
(Allowable land uses and permit
requirements)
•S e c t i o n 16.80.200 (Mini‐storage
facilities) to allow limited Personal
“mini” storage facilities in the
Commercial, Downtown (CD) zone.

Code Amendment:
•T o establish a mini‐storage facility at
530 E. Market Street, formerly
known as the Record Building,
subject to conditions.

Commission Use Permit:
374
Project Location
APN 149-130-18, located at 530 E. Market Street, the older of the two buildings formerly known as The Record.
375
Zoning (Commercial, Downtown - CD)
Commercial, Downtown ZoneDowntown Core area
376
Code Amendments
1) Allow Mini-storage with CUP in CD
zone
(Amend Table 2-2 16.20.020)
2) Mini-storage Standards in CD zone
(New subsection "D" 16.80.200 Personal
“Mini” storage)
•
377
New Mini-Storage Standards
Mini-storage Standards in CD zone (New subsection “O"

16.80.200 Mini-storage facilities)
Size and location limitations
 No two within ¼ mile
 60% max of leasable space
 70% max of ground floor
Stealthing of facilities in existing buildings
 Disguise or mitigate the visual presence
Facade improvements, Landscaping & Signage
 Consistent with the Downtown Commercial Design
Guidelines
Hours of operation
 Daytime Hours of 7am – 10pm
378
Commission Use Permit
• Proposed Mini-storage in 60% of former Record
building at 530 E. Market Street
• Remaining ±94,256 sq. ft. vacant space saved for
retail, office, or residential
• Facade changes and signage require Design Review
• Tenant Space for street-facing ground floor retail/office will be preserved to minimize visibility of storage
facility
• Additional landscaping and lighting will be required for all parking and pedestrian areas.
379
Existing Surrounding Uses
530 E. Market Street
380
Floor Plans
1st Floor
Basement
381
Floor Plans
2nd Floor
3rd Floor
382
Conceptual Rendering
*Project subject to Design Review upon building permit submittal 383
Conclusion
• Consistent with General Plan policies for the
downtown area.
• New standards are flexible enough to address
market conditions.
• Reviewed by applicable agencies and
departments.
• The Planning Commission voted 5-0 (two
commissioners absent) recommending
approval.
• Project still requires subsequent design
review and construction permit approvals.
384
Recommendation
Staff recommends the City Council:
• Recommend no additional environmental review
is required per California Environmental Quality Act
(CEQA) Guidelines Sections 15183 & 15332; and
• Adopt an Ordinance amending SMC Sections 16.20.020
and 16.80.200; and
• Adopt a Resolution approving a Commission Use Permit
to establish a mini-storage facility at 530 E. Market Street subject to conditions of use.
385
City of Stockton
Legislation Text
File #: 23-0029, Version: 1

COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES

RECOMMENDATION
Information item only. No action required.

City of Stockton Printed on 1/19/2023Page 1 of 1
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City Council and Concurrent AuthoritiesJanuary 24, 2023

City Council and Concurrent Authorities
January 24, 2023