ATTACHMENT B
322
PROPOSAL FOR
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
CITY PROJECT NO. UW23007
15 Page
MARCH 2023
6.2 - Design Schedule
KSN will prepare a project schedule, with the City’s input, at the outset of the project. The schedule will be updated monthly and KSN will include a schedule status update with each monthly billing. The schedule and billings will be submitted in the form and in sufficient detail to track the project status and contract expenditures as outlined by the City at the beginning of the project. The project schedule will be prepared using Microsoft Project 201 3.
Task Deliverables:
• Meeting agenda and minutes.
• Monthly project schedule updates.
TASK NO. 7 – DESIGN SUPPORT DURING CONSTRUCTION
KSN will support the City’s Construction Manager during the bidding and construction phases of the project by: 1) providing letters of clarification during the bidding process, 2) attending a pre-construction meeting, 3) review submit- tals for conformance with the contract documents, 4) preparing responses to Requests for Information (RFI), 5) prepare clarification sketches and/or minor modification to plans to address minor changes to field conditions, 6) visiting the site to review the progress of construction for conformance with the design intent of the contract documents, and 6) preparing record drawings based upon Contractor field as-builts (see Task 6).
After the construction contract has been awarded, KSN will attend a pre-construction meeting with the City and the selected contractor.
TASK NO. 8 – AS-BUILT DRAWINGS
Upon completion of construction, KSN will prepare Record Drawings using red line plans provided by the contractor that reflect actual changes made during the course of construction.
Task Deliverables:
• Digital file of Record Drawings in an AutoCAD 20 18 compatible format.
TASK NO. 9 – PRESERVING AND PERPETUATING SURVEY MONUMENTS KSN will prepare a Pre-Construction Record of Survey for the project. The purpose of the Record of Survey will be to identify and record the location of existing monumentation prior to the construction of improvements to conform with Section 877 1(b) of the Professional Land Surveyors Act. KSN will prepare a Record of Survey tied into the project’s horizontal control system showing all found survey monuments. KSN will submit and process the Record of Survey through the San Joaquin County Surveyors Office and the San Joaquin County Recorder’s Office.
Task Deliverables:
• A PDF of the final Record of Survey showing the location of found monuments prior to construction.
Task Understandings:
• The Pre-Construction Record of Survey will be filed in lieu of multiple corner records. The purpose of the Pre- construction Record of Survey will be to identify monumentation that exists prior to the project construction. The Pre-Construction Record of Survey will not establish boundary lines or right of way of lines. • Pursuant to Section 877 1(d) of the Professional Land Surveyors Act, the governmental agency performing or permitting construction or maintenance work is responsible for ensuring that either the governmental agency or landowner performing the construction or maintenance work provides for monument perpetuation. • This task does not include the setting or resetting monuments, nor does it include construction or post-construction monument perpetuation or replacement. Monument perpetuation must be addressed by others upon during construction and upon the completion of construction.
EXHIBIT A-1
ATTACHMENT B
323
ID Task Name Duration Start Finish Predecessors
1 Notice to Proceed 1 day Mon 7/3/23 Mon 7/3/23
2 Task 1-Background Research 125 days Tue 7/4/23 Mon 12/25/23 3 1.1 Research 1 day Tue 7/4/23 Tue 7/4/23 1
4 1.2 Site Reconnaissance 5 days Tue 7/4/23 Mon 7/10/23 1 5 1.3 CCTV Review 10 days Wed 7/5/23 Tue 7/18/23 60
6 1.4 Permits 25 days Wed 7/5/23 Tue 8/8/23 60
7 1.5 Utility Research & Coordination 124 days Wed 7/5/23 Mon 12/25/23 8 1.5.1 Identify Utility Providers 2 days Wed 7/5/23 Thu 7/6/23 60 9 1.5.2 Utility Request Letter (A Letter) 3 days Fri 7/7/23 Tue 7/11/23 8 10 1.5.3 Conflict Letter (B Letter) 3 days Mon 9/11/23 Wed 9/13/23 23 11 1.5.4 Final Project Plans Letter (C Letter) 3 days Thu 12/21/23 Mon 12/25/23 54SS 12 Task 2-Plans, Specifications & Estimates (Construction Documents) 118 days Tue 7/11/23 Thu 12/21/23 13 2.1 Surveying & Mapping 15 days Tue 7/11/23 Mon 7/31/23 14 2.1.1 Control Network 1 day Tue 7/11/23 Tue 7/11/23 60,4 15 2.1.2 Field Surveys 10 days Wed 7/12/23 Tue 7/25/23 14 16 2.1.3 Topographic Mapping 4 days Wed 7/26/23 Mon 7/31/23 15 17 2.2 Preliminary Design Report (PDR) 29 days Tue 8/1/23 Fri 9/8/23 16 18 Prepare Draft PDR 10 days Tue 8/1/23 Mon 8/14/23 16,60 19 Submit Draft PDR 0 days Mon 8/14/23 Mon 8/14/23 18
20 City Review of Draft PDR 7 days Tue 8/15/23 Wed 8/23/23 19 21 Review, Address/Repond to Draft PDR Comments 2 days Thu 8/24/23 Fri 8/25/23 20 22 Prepare Final PDR 7 days Mon 8/28/23 Tue 9/5/23 21
23 Submit Final PDR 0 days Fri 9/8/23 Fri 9/8/23 22FS+3 days 24 2.3 50% Design 28 days Mon 9/11/23 Wed 10/18/23
25 Prepare Design Plans 10 days Mon 9/11/23 Fri 9/22/23 9,23 26 Prepare Specifications 5 days Thu 9/21/23 Wed 9/27/23 25FS-2 days 27 Prepare Preliminary Construction Cost Estimate 4 days Mon 9/25/23 Thu 9/28/23 25 28 Compile 50% Complete Project Documents 2 days Fri 9/29/23 Mon 10/2/23 25,26,27 29 Utility Coordination 2 days Tue 10/3/23 Wed 10/4/23 28 30 Submit 50% Complete Project Documents 0 days Wed 10/4/23 Wed 10/4/23 28,29 31 City Review of 50% Submittal 10 days Thu 10/5/23 Wed 10/18/23 30 32 2.4 90% Design 27 days Fri 10/20/23 Mon 11/27/23
33 Review, Address/Respond to 50% Submittal Comments 3 days Fri 10/20/23 Tue 10/24/23 31FS+1 day 34 Prepare Design Plans 10 days Wed 10/25/23 Tue 11/7/23 33 35 Prepare Specifications 5 days Thu 11/2/23 Wed 11/8/23 34FS-4 days 36 Prepare Preliminary Construction Cost Estimate 3 days Mon 11/6/23 Wed 11/8/23 34FS-2 days 37 Utility Coordination 3 days Wed 11/8/23 Fri 11/10/23 34 38 Compile 90% Complete Project Documents 1 day Mon 11/13/23 Mon 11/13/23 34,35,36,37 39 Submit 90% Complete Plans, Special Provisions and Estimate 0 days Mon 11/13/23 Mon 11/13/23 37,38 8/14
9/8
10/4
11/13
July August September October November December January February March April May June July August September Task
Split
Milestone
Summary
Rolled Up Task
Rolled Up Split
Rolled Up Milestone
Rolled Up Progress
External Tasks
Project Summary
External Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
Fri 3/3/23
230303
_South_Tuxedo_Schedule Page 1 Kjeldsen, Sinnock & Neudeck, Inc.
Project: 150811-Schedule
Date: Fri 3/3/23
EXHIBIT A-2
ATTACHMENT B
324
ID Task Name Duration Start Finish Predecessors
40 City Review of 90% Submittal 10 days Tue 11/14/23 Mon 11/27/23 39 41 2.5 100% Design 13 days Tue 11/28/23 Thu 12/14/23
42 Review, Address/Respond to 90% Submittal Comments 1 day Wed 11/29/23 Wed 11/29/23 40FS+1 day 43 Prepare Design Plans 2 days Thu 11/30/23 Fri 12/1/23 42 44 Prepare Specifications 2 days Tue 11/28/23 Wed 11/29/23 43FS-4 days 45 Prepare Preliminary Construction Cost Estimate 1 day Thu 11/30/23 Thu 11/30/23 43FS-2 days 46 Utility Coordination 3 days Mon 12/4/23 Wed 12/6/23 43 47 Compile 100% Complete Project Documents 1 day Thu 12/7/23 Thu 12/7/23 43,44,45,46 48 Submit 100% Complete Plans, Special Provisions and Estimate 0 days Thu 12/7/23 Thu 12/7/23 47,46 49 City Review of 100% Submittal 5 days Fri 12/8/23 Thu 12/14/23 48 50 2.6 Bid Documents 5 days Fri 12/15/23 Thu 12/21/23
51 Review, Address/Respond to 100% Submittal Comments 2 days Fri 12/15/23 Mon 12/18/23 49,40 52 Finalize Project Documents 2 days Tue 12/19/23 Wed 12/20/23 51 53 Submit Check Print for City Approval 0 days Wed 12/20/23 Wed 12/20/23 52 54 Prepare Bid Ready Plans, Special Provisions and Estimates 1 day Thu 12/21/23 Thu 12/21/23 53 55 Submit Bid Ready Plans, Special Provisions and Estimates 0 days Thu 12/21/23 Thu 12/21/23 54 56 Task 3-Public Outreach 19 days Wed 7/5/23 Mon 7/31/23 57 Stakeholder's Database 5 days Wed 7/5/23 Tue 7/11/23 60 58 Right of Entry Letters, Flyers, Exhibits 14 days Wed 7/12/23 Mon 7/31/23 57 59 Task 4-Coordination/Meetings 121 days Tue 7/4/23 Tue 12/19/23 60 Kick-Off Meeting 1 day Tue 7/4/23 Tue 7/4/23 1
61 Meetings 121 days Tue 7/4/23 Tue 12/19/23
62 Meetings 1 1 day Tue 7/4/23 Tue 7/4/23 1
63 Meetings 2 1 day Fri 8/4/23 Fri 8/4/23
64 Meetings 3 1 day Fri 9/8/23 Fri 9/8/23
65 Meetings 4 1 day Fri 10/6/23 Fri 10/6/23
66 Meetings 5 1 day Fri 11/3/23 Fri 11/3/23
67 Meetings 6 1 day Fri 12/1/23 Fri 12/1/23
68 Project Schedule 6 mons Wed 7/5/23 Tue 12/19/23 60
69 Task 5-Design Support During Construction 130 days Tue 12/26/23 Mon 6/24/24 70 Design Phase Construction Support 130 days Tue 12/26/23 Mon 6/24/24 74SS 71 Task 6-As-Built Drawings 5 days Tue 6/25/24 Mon 7/1/24 70 72 Task 7-Environmental 15 days Mon 9/11/23 Fri 9/29/23 73 Notice of Exemption for CEQA CE 15 days Mon 9/11/23 Fri 9/29/23 23 74 Bidding (Task Completed by City) 80 days Tue 12/26/23 Mon 4/15/24 55,11 75 Construction (Task Completed by City) 90 days Tue 4/23/24 Mon 8/26/24 74FS+5 days 12/7
12/20
12/21
July August September October November December January February March April May June July August September Task
Split
Milestone
Summary
Rolled Up Task
Rolled Up Split
Rolled Up Milestone
Rolled Up Progress
External Tasks
Project Summary
External Milestone
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Progress
Deadline
SOUTH TUXEDO AVENUE SEWER TRUNK REHABILITATION
Fri 3/3/23
23030
3_South_Tuxedo_Schedule Page 2 Kjeldsen, Sinnock & Neudeck, Inc.
Project: 150811-Schedule
Date: Fri 3/3/23
EXHIBIT A-2
ATTACHMENT B
325
Date Prepared: Page 1 of 1
Principal
Engineer
Associate
Engineer
Junior
Engineer
Senior
Surveyor
Assistant
Surveyor
1 Man PW
Field Crew
2 Man PW
Field Crew
Tech/GIS/
CAD III
Project
Accountant Admin III
Direct
Expense
Mileage
Expense
Sub
Consultant
$290.51 $219.72 $115.00 $209.03 $134.65 $156.10 $293.78 $131.04 $139.62 $90.29 110% 0.545 110% 4 17 36 8 16 24 32 114 $ 20,804 $ - $ - $ 11,000 $ 11,000 $ 31,802
1.1 Research 2 6 8 16 $2,178 $2,178
1.2 Site Reconnaissance 1 4 4 9 $1,629 $1,629
1.3.1 Control Network 4 8 8 20 $3,162 $3,162
1.3.2 Field Surveys 2 4 8 16 30 $4,850 $4,850
1.3.3 Topographic Mapping 2 4 24 30 $4,044 $4,044
1.4 Potholing 1 4 4 9 $1,629 $11,000 $11,000 $12,629
1.5 Permits 1 2 8 $1,650 $1,650
1.6 CCTV Review 1 1 10 $1,660 $1,660
1 2 3 $ 730 $ - $ - $ 6,600 $ 6,600 $ 7,330
2.1 Categorical Exemption Analysis 1 2 3 $730 $6,600 $6,600 $7,330 6 14 34 40 94 $ 13,971 $ 303 $ - $ - $ 303 $ 14,273
3.1 Identify Utility Providers 1 1 2 $510 $510
3.2 Utility Request Letter (A Letter) 1 1 18 24 44 $5,725 $110 $110 $5,835
3.3 Conflict Letter (B Letter) 2 4 8 8 22 $3,428 $110 $110 $3,538
3.4 Final Project Plans Letter (C Letter) 2 8 8 8 26 $4,307 $83 $83 $4,390 10 56 168 76 310 $ 44,489 $ - $ - $ - $ - $ 44,490
4.1 Engin eering Design
4.1.1 Design Report 4 8 32 44 $6,600 $6,600
4.1.2 65% PS&E Documents 2 16 60 24 102 $14,142 $14,142
4.1.3 90% PS&E Documents 2 16 40 28 86 $12,366 $12,366
4.1.4 PS&E Bid Documents 2 16 36 24 78 $11,382 $11,382
2 6 20 8 36 $ 5,248 $ - $ - $ - $ - $ 5,248
5.1 Public Outreach 2 6 20 8 36 $5,248 $5,248
12 32 36 8 8 96 $ 16,497 $ - $ - $ - $ - $ 16,496
6.1 Meeti ngs
6.1.1 Kick-Off Meeting 2 2 2 6 $1,250 $1,250
6.1.2 Meetings w/City Staff (6 max) 6 18 18 42 $7,768 $7,768
6.1.3 Site Visits (3 max) 2 8 8 18 $3,259 $3,259
6.2 Design Schedule 2 4 8 8 8 30 $4,219 $4,219
3 24 94 121 $ 16,955 $ - $ - $ - $ - $ 16,955
7.1 Meetings 2 2 4 $669 $669
7.2 Submittal Review 8 40 48 $6,358 $6,358
7.2 RFI Response 2 8 40 50 $6,939 $6,939
7.4 Site Visits (3 max) 1 6 12 19 $2,989 $2,989
2 12 8 22 $ 2,868 $ - $ - $ - $ - $ 2,868
8.1 Prepare As-Built Drawings 2 12 8 22 $2,868 $2,868
2 8 8 8 40 66 $ 10,922 $ - $ - $ - $ - $ 10,922
9.1 Prepare Pre-Construction Record Survey 2 8 8 8 40 66 $10,922 $10,922 40 153 400 16 24 24 8 204 8 8 862 $132,483 $ 303 $ - $ 17,600 $ 17,903 $ 150,384 40 153 400 16 24 24 8 204 8 8 862 $ 132,483 $ 303 $ - $ 17,600 $ 17,903 $ 150,384
PROJECT TOTALS
GRAND TOTALS
General Note: This costs allocation represents our best estimate at this time and may change subject to future developments during the project. It is possible that some of the estimated manpower requirements for specific task items may increase while others may not require the entire anticipated effort. Charges to this project will be made for actual time spent on the project and will be charged as per the attached Fee Schedule.
OTHER DIRECT COSTS
Other Direct
Costs Budget
Total Budget
(Rounded)
Task No. 3 - Utility Coordination
Task
No. 1 - Background Research
Task No. 4 - Plans, Specifications & Estimates
Task No. 6 - Coordination/Meetings
Task No. 7 - Design Support During Construction
Task No. 8 - As-Built Drawings
Task No. 2 - Environmental Services
Task No. 5 - Public Outreach
Task No. 9 - Preserving and Perpetuating Survey Monuments City of Stockton Public Works
South Tuxedo Avenue Sewer Trunk Rehabilitation Project
March 3, 2023 (Revised 3/30/2023, 4/13/2023)
TASK HOURS BREAKDOWN
KJELDSEN, SINNOCK & NEUDECK, INC. STAFF HOURS
Tota
l
Labor
Hours
Total Labor
Budget
Classificaiton
EXHIBIT B
ATTACHMENT B
326
REV 2022‐05‐17
Insurance Requirements
Professional Design for South Tuxedo Avenue Sewer Trunk Rehabilitation Project No UW23007
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability/Errors and Omissions Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant 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.
EXHIBIT C
ATTACHMENT B
327
REV 2022‐05‐17
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
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.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
EXHIBIT C
ATTACHMENT B
328
REV 2022‐05‐17
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
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. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional Liability)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
EXHIBIT C
ATTACHMENT B
329
REV 2022‐05‐17
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
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT C
ATTACHMENT B
330
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
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. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
EXHIBIT D
ATTACHMENT B
331
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
EXHIBIT D
ATTACHMENT B
332
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
EXHIBIT D
ATTACHMENT B
333
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT D
ATTACHMENT B
334
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
EXHIBIT D
ATTACHMENT B
335
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
EXHIBIT D
ATTACHMENT B
336
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
EXHIBIT D
ATTACHMENT B
337
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
EXHIBIT D
ATTACHMENT B
338
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:
HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
EXHIBIT D
ATTACHMENT B
339
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
EXHIBIT D
ATTACHMENT B
340
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall
EXHIBIT D
ATTACHMENT B
341
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s)
EXHIBIT D
ATTACHMENT B
342
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
EXHIBIT D
ATTACHMENT B
343
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT D
ATTACHMENT B
344
City of Stockton
Legislation Text
File #: 23-0505, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE CITY STREET RE-STRIPING FY 2022-23 SB1
PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE16-23 under the California Environmental Quality Act for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
2. Approve the plans and specifications for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
3. Appropriate funds in the amount of $88,000 from the Local Streets Resurfacing Program FY 2022-23 SB1, Project No. WD23003, to the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
4. Award a Construction Contract in the amount of $277,420 to Chrisp Company of Stockton, CA , for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
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 re-stripe 39 intersections citywide and includes additional lane line striping (Attachment A). The improvements include refreshing crosswalks, limit lines, pavement legends that are worn, and modifications of striping and traffic signs. The project was included in the 2022-27 Five -Year Capital Improvement Plan (CIP).
On April 20, 2023, the City received one bid for this project. Staff recommends award of the Construction Contract to the only responsive bidder, Chrisp Company, in the amount of $277,420.
Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE16-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by December 2023, weather permitting.
DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and City of Stockton Printed on 7/5/2023Page 1 of 3
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File #: 23-0505, Version: 1
Accountability Act of 2017. SB1 provides the first significant, stable, and ongoing increase in State transportation funding in more than two decades. The funding provides for basic road maintenance, rehabilitation, and critical safety needs on both the State highway and local streets and road systems.
The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.
SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City's overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds. An estimated $7.3 million in SB1 RMRA Program funding was allocated to the City for FY 2022-23, and the project list was approved by Council on June 14, 2022, by Resolution No. 2022-06-14-1214.
The City Street Re-Striping FY 2022-23 SB1 project was included in the 2022-27 Five-Year CIP. The project will re-stripe 39 intersections citywide and includes additional lane line striping (Attachment A). The improvements include refreshing crosswalks, limit lines, and pavement legends that are worn. Existing worn traffic stripes and markings will be primed, and a new coat of thermoplastic material will be applied. Thermoplastic is comprised of plastic, binders, and glass beads to provide durability and retro-reflectivity to aid nighttime driving. The application is anticipated to last approximately five years. The project also includes the modification of some striping configurations and traffic signs. The selection criteria for this project was developed through visual inspection of the roads, existing work orders, and citizen requests.
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 estimated construction cost is less than $1 million.
Present Situation
On March 30, 2023, the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009, was advertised for bids. On April 20, 2023, one bid was received from Chrisp Company of Stockton, CA, in the amount of $277,420. The Engineer's Estimate was $189,610.
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 the bid order, as only one bid was received. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Chrisp Company, the only responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Chrisp Company of Stockton, CA, in the amount of $277,420.
City of Stockton Printed on 7/5/2023Page 2 of 3
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File #: 23-0505, Version: 1
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. As a result, the project has been granted a Categorical Exemption. 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. NOE16-23 under CEQA. Construction is anticipated to begin and be completed by December 2023, weather permitting.
FINANCIAL SUMMARY
Council approved RMRA funding in the amount of $7,314,000 on June 14, 2022, by Resolution No. 2022-06-14-1214. The current unencumbered balance in the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009, Account No. 4570-715-800007-240-241-30-45-000-000, is not sufficient to award a Construction Contract to Chrisp Company in the amount of $277,420.
The resolution includes appropriating funds in the amount of $88,000 from the Local Streets Resurfacing Program FY 2022-23 SB1, Project No. WD23003, Account No. 4570-000-800007-30 0-000-30-45-000-000, to the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009, Account No. 4570-715-800007-240-241-30-45-000-000, to provide sufficient funding to award a Construction Contract to Chrisp Company.
There is no impact on 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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q
0 0.8 1.6 2.4 3.20.4
Miles
LEGEND
Lane Lines
Intersections
Parks
Public Schools
IN/OUT
County Limits
City Street Re-6triping FY 2022-23 SB1
Project No. WD23009
ATTACHMENT A
348
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMP TION NO. NOE 16-23,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE CITY STREET RE-STRIPING FISCAL YEAR 2022-23 SB1, PROJECT NO. WD23009
On April 20, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the City Street Re-Striping Fiscal Year (FY) 2022-23 SB1, Project No. WD23009; and
The project will re -stripe 39 intersections citywide and includes additional lane line striping. The improvements include refreshing crosswalks, limit lines, pavement ledges that are worn, and modifications of striping and traffic signs; and
Chrisp Company is the only responsive bidder in the amount of $277,420, and its bid is regular in all respects; and
The project 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 significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTO N, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE16-23 under the CEQA for the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009, 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 City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
3. The City Council approves the appropriation of funds in the amount of $88,000 from the Local Streets Resurfacing Program FY 2022-23 SB1, Project No.
WD23003, to the City Street Re-Striping FY 2022-23 SB1, Project No. WD23009.
4. The City Council awards a Construction Contract between the City of Stockton and Chrisp Company, in the amount of $2 77,420, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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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 July 11, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
350
351
Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23)
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between CHRISP COMPANY , a STATE OF CALIFORNIA CORPORATION, with a business address at 1001 STOKES AVENUE, STOCKTON, CA 95215
CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W I T N E S S E T H:
WHERE
AS, plans and specifications for the construction of CITY STREET RE - STRIPING FY 2022-23 SB1 (PROJECT NO. WD23009), 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 t he work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications 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 per form 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 City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $277,420.00 o r as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CO NTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified 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 Stockton 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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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23) It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance 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 i nsurance 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 required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage 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 agreement) 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 the 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 i nsurance 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 contractor 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 Subcontractors 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 agree 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 provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23) 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 endorsem ents 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 policy 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 the City of Stockton, its officers, officials, employees, and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys’ fees, expert and consultant fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, S tate, or municipal law or ordinance, or City Policy, by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor shall not be obligated to indemnify or defend City for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the City. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of Contractor to City, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by Contractor under the law.
The indemnity set for th 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 greater 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 claim against the City for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by Contractor or Contractor’s officers, agents, employees, volunteers or subcontractors. Contractor’s duties and obligations to defend the City shall apply regardless of whether or not the issue of the City’s liability, breach of this Agreement, or other obligation or fault has been determined.
Contractor shall be immediately obligated to pay for City’s defense costs of the claim, including, but not limited to, court costs, attorney’s fees and costs, expert consultant and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal.
At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the City, City will then reimburse Contractor for amounts paid in excess of Contractor’s proportionate share of responsibility for the damages within 30 days after Contractor provides City with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23) parties that this reimbursement 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 shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public policy of the State of California, and in addition to the other indemnity obligations in this Agreement, Contractor shall indemnify, defend, and hold harmless the City of Stockton, its officers, officials, employees , and volunteers from and against all claims, losses, expenses, and costs including, but not limited to, attorneys’ fees, arising out of any claim brought against the City by an employee, office, agent, or volunteer of Contractor, regardless of whether such claim may be covered by any applicable workers compensation insurance. 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 responsibility 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, the 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 unconstitutional, such decision shall not affect the validity of the remaining portions of this indemnification.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y 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 the contract for the preceding 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 setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23)
6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 30 WORKING DAYS beginning 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 contract in all parts and requirements, is not finished or completed within the number of days as set forth, 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 CITY the sum of ONE THOUSAND AND NO/100 DOLLARS ($1000.00) 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 decides to increase the said number of days, the CITY shall further have the right to charge 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, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering 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, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director 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 beginning 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 b e relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23)
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 employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title V
I of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.
The City
of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City
of Stockton has a Discrimination and Harassment Policy ( Exhibit 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, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder s
hall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILIN
G WAGE
CONTR
ACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23) authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be r esponsible 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. T he 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 cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any l aborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract 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 Department, Attention Contract Compliance 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.
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23) iv. The CONT
RACTOR shall comply with the provisions established in
Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to admini ster 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 faith effort to employ at least 50 percent of the workforce on this project 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 monitoring their compliance with section
3.68.095.
f. SANCTIONS
Deliver
ables 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.
CITY agr
ees:
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 certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid 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 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.
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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009 (Updated 04/24/23)
10. CHANGE ORDE
RS. 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 such extra work as may be determined by the Engineer to be required for the 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 Specifications 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 periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, 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 relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose 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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Local Construction Contract – CHRISP COMPANY –PROJECT NO. WD23009(Updated 04/24/23)
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
ELIZA R. GARZA
CITY CLERK
By:
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
CHRISP COMPANY
By:
DEPUTY CITY ATTORNEY
Tax Identification No.
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CITY STREET RE-STRIPING FY 2022-23 S81
PROJECT NO. WD23009
BIDDING SC HEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
Description Unit Item (Note: All striping is per MUTCD Unit Quantity price Total Price Manual)
1 Mobilization 1 LS 10,000.00 $10,000.00
2 Traffic Co ntrol 1 LS 29,000.0( $29,000.00
RE-STRIPING
3 Striping Preparation Work 1 LS 9000.00 $9,000.00
4 Install Striping Detail 2 800 LF 0.80 $640.00
5 Install Striping Detail 9 15,100 LF $12,080.00 0.80
6 Install Striping Detail 22 3,400 LF 1.60 $5,440.00
7 Install Striping Detail 27B 600 LF
1.20 $720.00
8 Install Striping Detail 27M 1,300 LF 1.20 $1,560.00
9 Install Striping Detail 29 400 LF 4.00 $1,600.00
10 Install Striping Detail 32 1,300 LF 3.50 $4,550.00
11 Install Striping Detail 38/38A 4,200 LF 1.00 $4,200.00 12 Install Striping Detail 40 1,900 LF
1.00 $1,900.00
EXHIBIT A
EXHIBIT 2
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Description Unit Total Price Item (Note: All striping is per MUTCD Unit Quantity price Manual) 13 Install White Thermoplastic 23,100 SF 6.00 $138,600.00 (Arrows, Crosswalks, and All Pavement Legends)
14 Install Yellow Thermoplastic 400 SF 6.00 $2,400.00 (Arrows, Crosswalks, and All Pavement Legends)
15 Install Triple Four Crosswalk 200 LF 12.00 $2,400.00
STRIPING MODIFICATION
16 Remove Existing Striping & 1 LS 15,375.00 $15,375.00 Markers (Striping Modification Areas
Only)
17 Install Striping Detail 9 0 LF 1.00 $0.00
18 Install Striping Detail 22 600 LF 0.80 $480.00
19 Install Striping Detail 27 100 LF 1.60 $160.00
20 Install Striping Detail 27B 700 LF 1.20 $840.00
21 Install Striping Detail 27M 0 LF 1.20 $0.00
22 Install Striping Detail 32 100 LF 3.50 $350.00
23 Install Striping Detail 37/37B 300 LF 1.00 $300.00
24 Install Striping Detail 38 100 LF 1.00 $100.00
25 Install White Thermoplastic 400 SF
(Arrows, Crosswalks, and All 6.00 $2,400.00
Pavement Legends)
26 Install Yellow Thermoplastic 300 SF 6.00 $1,800.00
(Arrows, Crosswalks, and All
Pavement Legends)
27 Remove Roadside Traffic Sign 1 EA 75.00 $75.00
. 28 Relocate Roadside Traffic Sign 1 EA 350.00 $350.00
EXHIBIT A
EXHIBIT 2
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Description
Quantity Unit Total Price Item (Note: All striping is per MUTCD Unit price Manual) 29 Install Roadside Traffic Sign 7 EA 450.00 $13,050.00 30 Install White Paint on Curb 80 LF 10.00 $800.00
31 Install Parking Bumpers 6 EA 125.00 $750.00
32 Install Bump Channelizers 550 LF 30.00 $16,500.00
TOTAL BID $277.420.00
BIDDER'S NAME Chrisp Company
EXHIBIT A
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4/10/23, 12:17 PM https://cadir.secure.force.com/ContractorSearch/PrintRegDetails Contractor Information
Legal Entity Name
CHRISP COMPANY
Legal Entity Type
Corporation
Status
Active
Registration Number
1000000306
Registration effective date
7/1/2022
Registration expiration date
6/30/2025
Mailing Address
43650 OSGOOD ROAD FREMONT 94539 CA Uni ...
Physical Address
43650 OSGOOD ROAD FREMONT 94539 CA Uni. ..
Email Address
Trade Name/OBA
CHRISP COMPANY
License Number(s)
CSLB:374600
CSLB:374600
Legal Entity Information
Corporation Number:
Federal Employment Identification Number:
President Name:
Robert Chrisp
Vice President Name:
David Morris
Treasurer Name:
Secretary Name:
Robert Bilotti
CEO Name:
Agent of Service Name:
Tammie Allison
Agent of Service Mailing Address:
43650 Osgood Rd Fremont 94539 CA United States of America Registration History-- l_
Effective Date Expiration�ate
6/11/2018 6/30/2016
-
5 --
/
--9- .. --
/
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2 ---
0 .. ____
1 __
7 ________ ------------- ______ ,,_ t ---
::::::::�· 5/12/2016
6/12/2015
7/10/2014
7/1/2019
7/1/2022
6/301201b - ---
== httprr.//ea-dlr,--seeure;force,eom/Gontraetor-Search1PrintRegE>etails ========================172�-
EXHIBIT A
EXHIBIT 2
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REV 2022-05-17
Exhibit B:
Insurance Requirements
(Ci
ty Street Re-Striping FY 2022-23)
Contract
or 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. Surety Bonds as described below.
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.
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
EXHIBIT B
EXHIBIT 2
366
REV 2022-05-17
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 I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:
1. The Cit
y of Stockton, its offic ers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. Fo
r
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 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. Ea
ch insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies
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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. Ins
urance 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
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
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REV 2022-05-17
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.
Dur ation 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
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REV 2022-05-17
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.
Certifi
cate Holder Address
The ad
dress for mailing certificates, endorsements and notices shall be:
City o
f Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT B
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370
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
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. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in
EXHIBIT C
EXHIBIT 2
371
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.
E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.
F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.
G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.
H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.
I. This policy shall be administered by the Director of Human Resources.
EXHIBIT C
EXHIBIT 2
372
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)
EXHIBIT C
EXHIBIT 2
373
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT C
EXHIBIT 2
374
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93
3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.
Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.
EXHIBIT C
EXHIBIT 2
375
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any
EXHIBIT C
EXHIBIT 2
376
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or
EXHIBIT C
EXHIBIT 2
377
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
EXHIBIT C
EXHIBIT 2
378
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:
HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is
EXHIBIT C
EXHIBIT 2
379
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially
EXHIBIT C
EXHIBIT 2
380
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall
EXHIBIT C
EXHIBIT 2
381
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s)
EXHIBIT C
EXHIBIT 2
382
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these
EXHIBIT C
EXHIBIT 2
383
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.
IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.
APPROVED:
c:r��SON
CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT C
EXHIBIT 2
384
Bond o. 57BCSIY6942
Premiu m: S2,580.00
BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:
That we, Chris p Company , a (STATE OF CALIFORNIA
CORPORATION), as Principal and __ H_ an_fo_rd_F_ir_e _lns_ u_ ra_n_ce_C_o_m_p_an_ y _______ _
_______ , a corporation, organized and existing under the laws of the State of Conne cticut 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 TWO HUNDRED SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY AND 00/1 00 DOLLARS
($277,420.00), 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 and 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:
CITY STREET RE-STRIPING FY 2022-23 SB1
(PROJECT NO. WD23009)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, 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,
EXHIBIT 2
385
and consent by said Surety is hereby given, and the said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
SIGNED AND SEALED on. __ M_a.,__y_l8....:...,_20_ 2_3 ________ :- __ APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:----------
DEPUTY CITY ATTORNEY
Clrr�
/.l- / ..-
By: V� __...-Officer
PRINCIPAL
Hartford Fire Insurance Company
SURETY
By
� VAfroRNETN=i=T , Misty R. Hemje
EXHIBIT 2
386
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _____ A_la_m_ed_ a _____ ___,
On __ M_ a_ y_ 2_3_,_2_0_2_3 ____ before me, __ N _a _ki_st _a _R_o_ s_ e_Q_ u_ ia_ l_e_s _- _N_o _ta_ry_P_u _b_lic __ _ (insert name and title of the officer)
personally appeared __ M_a_r_ k_C_h_r_i s_p _____________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
........ l
NAKISTA ROSE QUIALES
Notary Public · California z
Alameda County �
Commission /12306516 -
y Comm. Expires Sep 2<1, 2023
EXHIBIT 2
387
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _____ C_o n_t _ra_C_ o_s_ta ____ __,)
before me, _____ B_ritt_a_n-'-y_K_ a_v_a _n,_N_o_ ta_ ry-'---P_u_b_lic ____ _ (insert name and title of the officer)
personally appeared Misty R. Hemje
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
�····································� -BRITTANY KAVAN : 1:t,-.-,,lff',,,::1. COMM. #2338092 z l? NOTARY PUBLIC - CALIFORNIA �
CONTRA COSTA COUNTY :;:
: My Comm1ss1on Expires 12/19/2024 :
Signature _,_b"."'1,,,<1"'.,..."'-L--"""'-h,,,''-,---'Cl"b4-"""""',c_.c..--.,.,- ea I) "1111111111111111111111111111111111111 r
EXHIBIT 2
388
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
One Hartford Plaza
POWER OF ATTORNEY Hartford, Connecticut 06155
[email protected]
call: 888-266-3488 or fax: 860-757-5835
Agency Name: ARTHUR J GALLAGHER & CO INS BRK CA KNOW ALL PERSONS BY THESE PRESENTS THAT:
Agency Code: 57-554532
[I:=] Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut � Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana [I:=] Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut CJ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut CJ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State oflllinois CJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited
Virginia L. Black, Brian F. Cooper, Susan Hecker, M. Moody, Maureen O'Connell, Kevin Re, Janet C. Rojo, Betty L. Tolentino, Robert P. Wrixon, K. Zerounian, Susan M.
Exline,
Misty R. Hemje, Brittany Kavan, Thuyduong Le, Julia Ortega of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 1:8:1. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �� •• �•'"''•
�·,-•:of; r�� _ ��t .. '10lt,\°':
: r__,;• -� •J tel7 �
:� ._., "'. �\':"""'"J.i � �""-II-::,.-., �-- ...,�,-..,.... ... ,,. • �tt•� � , ''" Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA
} ss. Lake Mary
COUNTY OF SEMINOLE
e
•
.
�12
Joelle L. LaPierre, Assistant Vice President
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority .. ' -/A��·."'.���----•. . •:
:r>·. · ... :
·,J..,. ..... ;.�--,;<"Or r""0"".,, •'" My Commission HH 122280 Expires June 20, 2025
I, the undersigned, Assistant Vice Pres;de.nt of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney execute<.! by 5<:lid Companies, which is still in full force effective as of Ma Y 18 , 2 O 2 3 .
Signed and sealed in Lal<.e Mary, Florida.
A
\�
/4t!M�
Keith D. Dozois, Assistant Vice President
EXHIBIT 2
389
BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:
Bond o. 57BCSIY6942
Premium Included in Performance Bond
That we, CHRISP COMPANY, a (STATE OF CALIFORNIA CORPORATION), as t
Principal and Harford Fire insurance Company , corporation, organized and existing under the laws of the State of Connecticut 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, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting 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 both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of TWO HUNDRED SEVENTY-SEVEN THOUSAND FOUR HUNDRED TWENTY AND 00/100 DOLLARS ($277,420.00), 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, with the CITY, to do and perform the following work, to-wit:
CITY STREET RE-STRIPING FY 2022-23 SB1
(PROJECT NO. WD23009)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, 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 labor done thereon of any kind, the Surety on
EXHIBIT 2
390
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 proceedings 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 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 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.
SIGNED AND SEALED on May 18, 2023 ----------------=---- APPROVED AS TO SURETY:
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:-----------
DEPUTY CITY ATTORNEY
Chrisp Company
By: _,Lit(____,;;,__� __ ... -=-·--· __ Officer
PRINCIPAL
Hartford Fire lnsurance Company
SURETY
By Uwfo�
VAnoRNE'f-lN-CT, Misty R. Hemje
EXHIBIT 2
391
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ____ A_la_m_e_d_a _____ _,
On __ M_a y_2 _3_, _20_2_ 3 ____ before me, __ N_a _ki_st_a_R_ o_s_e_Q_ u_ia_le _s_-_N _ot_a_ry_P_u_b_lic __ _ (insert name and title of the officer)
personally appeared __ M_a_r_k_C_h_r_is_p _____________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
: : .. �: ft •N;;S;: R�E�U:L� ft ' • • Notary Pubhc • California s = Alameda County ! • ' Comm1rnon # 2306516 -
My Comm. Exptre� Sep 24, 2023
EXHIBIT 2
392
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of _____ C_o _nt_ra_C_os_t_a ___ _
On }t1.c;t!j / f / 2oZJ before me, _____ B_rit_ta_ n-=-y_K_ a _v_a ....;n,_N_o_ta_ ry-=--P_u_b_lic ____ _ (insert name and title of the officer)
personally appeared Misty R. Hemje
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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur
�····································�
: , •�•·· ..... BRITTANY KAVAN :
:= ; .,, COMM. #2338092 �
a. j .. ,e1. e, NOTARY PUBLIC· CALIFORNIA 1l
� - · CONTRA COSTA COUNTY -;: - , ,. -
: My Commission expires 12/i 9/2024 :
ea I) :; 11111111111111111 II I 111 I 11111111111 Ir
EXHIBIT 2
393
Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
One Hartford Plaza
POWER OF ATTORNEY Hartford, Connecticut 06155
[email protected]
call: 888-266--3488 or fax: 860-757-5835
Agency Name: ARTHUR J GALLAGHER & CO INS BRK CA KNOW ALL PERSONS BY THESE PRESENTS THAT:
Agency Code: 57-554532
� Hartford Fire Insurance Company, a corporation duly organized under the laws of the tale of Connecticut � Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana � Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut CJ Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut CJ Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois CJ Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana CJ Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited
Virginia L. Black, Brian F. Cooper, Susan Hecker, M. Moody, Maureen O'Connell, Kevin Re, Janet C. Rojo, Betty L. Tolentino, Robert P. Wrixon, K. Zerounian, Susan M.
Exline, Misty R. Hemje, Brittany Kavan, Thuyduong Le, Julia Ortega of SAN FRANCISCO, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as
authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. .. �-�rt��
�J ��
tJ,�
Shelby Wiggins, Assistant Secretary
STATE OF FLORIDA
} ss. Lake Mary
COUNTY OF SEMINOLE
C)JiWJd?llJoelle L. LaPierre, Assistant Vice President
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority . . ' : (A�'!
Y
,".����� :�. :�: ·--..i· .. -i§-,�'
',,,� ',\;,'' My Comm,ssion HH 122280
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of Ma Y 18 , 2 O 2 3 .
Signed and sealed in Lake Ma,y, Florida.
A
'·�
Keith D. Dozois, Assistant Vice President
EXHIBIT 2
394
City of Stockton
Legislation Text
File #: 23-0662, Version: 1
INFORMATIONAL UPDATE ON DELTA CONVEYANCE PROJECT
RECOMMENDATION
Informational only. No action to be taken.
Summary
This will be an informational presentation from Municipal Utilities staff to update Mayor and Council on the Delta Conveyance Project.
City of Stockton Printed on 7/5/2023Page 1 of 1
powered by Legistar™
395
DELTA CONVEYANCE PROJECT
UPDATE
STOCKTON CITY COUNCIL
AGENDA ITEM 15.1
JULY 11, 2023
396
STATEWIDE WATER
HISTORY
• AREAS OF SURPLUS TO AREAS OF
DEFICIENCY
• DEMANDS MET THROUGH 1981
• SURPLUS TO DECREASE DUE TO
UPSTREAM USES
2 The State will assume the
responsibility of guaranteeing a
firm supply of water, which will be
accomplished by the construction
of additional storage and import
works. At the same time, the
needs of the Delta will be fully met.
DWR Bulletin 76, Dec. 1960
397
3 State Dept. of Water Resources
(DWR)
398
DELTA – SWITCHING YARD
FOR WATER SUPPLY IN STATE
• 70 Reclaimed Islands
• 700 Miles Of Waterways
• 1,100 Miles Of Levees
• State Water Project (SWP) Conveyance For
Past 50 Years (Through-Delta Conveyance)
• Includes City’s Drinking Water Supply Intake
And Regional Wastewater Control Facility
Discharge
• Other Significant Infrastructure, Roads,
Railroads, Gas Pipelines, Shipping Routes,
Aqueducts
4 399
• 1980S – GOVERNOR BROWN
• OPPOSITION BY CITY, COUNTY,
DELTA AGENCIES AND OTHERS
• DEFEATED BY STATEWIDE
PROPOSITION
5 PERIPHERAL CANAL
400
CALIFORNIA WATER
FIX
• 2000S GOVERNOR
BROWN
• TWIN TUNNELS PROJECT
• ACTIVE OPPOSITION BY
CITY & MANY OTHERS
• DEFEATED – DELTA
STEWARDSHIP COUNCIL
6 401
DELTA CONVEYANCE PROJECT
PROPOSED TUNNEL
ALIGNMENTS
Governor Newsom’s
Proposal
Sacramento River Intakes
West/East Alignments
Water Supply - State
Water Contractors (Bay
Area, Central Coast, San
Joaquin Valley &
Southern CA)
7 402
DELTA
CONVEYANCE
PROJECT SPECIFICS
Concrete-lined Tunnel, 120
to 150 Ft. Belowground
40 ft by 40 Miles Long
7 Shaft Structures
14 Million CY Tunnel Muck,
2 Disposal Sites – Roberts
Island, Twin Cities Rd.
Cost Est. $16 to $25+ Billion
Construction Schedule - 15+
years
8 403
STOCKTON’S DELTA BACKGROUND
• LARGEST MUNICIPALITY WHOLLY WITHIN
THE SACRAMENTO-SAN JOAQUIN RIVER
DELTA
• SUBSTANTIAL PERCENTAGE OF ITS
MUNICIPAL WATER SUPPLY FROM DELTA
WATERS
• COULD BE UNIQUELY IMPACTED BY THE
DELTA CONVEYANCE PROJECT AND A
CHANGING CLIMATE
• WELL-BEING OF THE CITY, ITS RESIDENTS,
AND ECONOMY IS INEXTRICABLY LINKED TO
THE DELTA
9 404
WHY IMPORTANT TO
STOCKTON
10 Not a New Concept: 1980s - Peripheral Canal
& Water Fix (Twin Tunnels)
Long History of Opposition/Other Alternatives
Significant Negative Impacts
• Impacts On City’s Utilities:
• Water Supply & Quality
• Water/Wastewater Utility Operations
• Increased Costs To Ratepayers for Services
• Redirected Construction Impacts:
• Traffic (Rail, Roads & Highways)
• Noise & Air Quality
• Hospitals & Emergency Services
• Wildlife & Environment
• Recreation & Quality of Life
• Environmental Justice, Equity & Disadvantaged
Communities
405
STOCKTON’S
UTILITIES TIED TO
DELTA
11 • Delta Water Right
• Advanced Water
Treatment Plant - 2012
• Project Cost = $223
Million
• Regional Wastewater
Control Facility
• Discharge to Delta
• MODs Project Cost =
$245 Million
• Project Completion -
2024
406
SUMMARY & CURRENT STATUS
• Delta Conveyance Project – Eng. & Draft CEQA
• History Of Opposition
• Potentially Significant Impacts To City & Region:
• Water Supply & Utility Operations
• Jeopardize $468M Investment (ratepayer
dollars)
• Construction Impacts (10-15 years)
• Future Long-term Impacts To City In Billions
• Possible Engagement Opportunities:
• Design & Constructing Authority – DCA
• State Water Contractors
• State & City Collaboration Group
• DWR - Community Benefits Program
12 407
DEPT. WATER RESOURCES
COMMUNITY BENEFITS PROGRAM
13 408
QUESTIONS & COMMENTS
14 409
15 410
STOCKTON
2023 STATE AND FEDERAL LEGISLATIVE PROGRAM
SEC. 6. DELTA PROTECTION
AND ENHANCEMENT
• SUPPORT LEGISLATION THAT MAINTAINS LOCAL CONTROL OF WATER RIGHTS, WATER SUPPLIES AND LAND USE.
• OPPOSE ANY LEGISLATION OR ADMINISTRATIVE ACTION THAT
NEGATIVELY IMPACTS THE CITY OF STOCKTON’S INTERESTS IN THE DELTA. • NO ACTIONS SHOULD BE TAKEN RELATED TO THE DELTA THAT NEGATIVELY IMPACT THE CITY’S:
• WATER RIGHTS, SUPPLY AND QUALITY
• AIR QUALITY
• ECONOMIC VITALITY
• LOCAL LAND USE CONTROL
16 411
STOCKTON
2023 STATE AND FEDERAL LEGISLATIVE PROGRAM
SEC. 6. DELTA PROTECTION
AND ENHANCEMENT
• ADVOCATE FOR THE CITY’S INTERESTS THROUGHOUT
THE…DEVELOPMENT OF THE DELTA CONVEYANCE
PROJECT
• WORK PROACTIVELY TO PROTECT THE CITY’S RIGHTS AND
INTERESTS RELATED TO:
• WATER RESOURCES & FLOOD PROTECTION
• ACHIEVEMENT OF TANGIBLE NEAR-TERM PROGRESS ON
ECONOMIC BENEFITS AND WORKFORCE DEVELOPMENT
NEEDS FOR THE COMMUNITY
17 412
STOCKTON 2023 STATE AND FEDERAL
LEGISLATIVE PROGRAM - SEC. 6. DELTA
PROTECTION AND ENHANCEMENT
• ADVOCATE FOR THE STATE TO TAKE FULL RESPONSIBILITY AND ESTABLISH
CONCRETE ASSURANCES IN THE FORM OF DELTA CONVEYANCE PROJECT
DESIGN AND OPERATION COMMITMENTS THAT AVOID OR FULLY MITIGATE ADVERSE EFFECTS ON STOCKTON’S WATER SUPPLY, INCLUDING WATER QUALITY AND AVAILABILITY.
• ADVOCATE FOR CLOSE INTERACTION AND ACTIVE ENGAGEMENT WITH
THOSE AGENCIES RESPONSIBLE FOR DEVELOPMENT FOR THE DELTA CONVEYANCE PROJECT TO ENSURE THAT THE CITY OF STOCKTON’S GOALS
AND OBJECTIVES ARE ACHIEVED AS A MEASURE OF ANY SUCCESSFUL NEGOTIATION OR DISCUSSION.
• SUPPORT LEGISLATION AND OTHER PROCESSES THAT ADDRESS THE NEEDS
AND CONCERNS OF DELTA COMMUNITIES IN A BALANCED AND OBJECTIVE
MANNER TO IMPROVE THE ECONOMICS, WORK-FORCE OPPORTUNITIES, AND QUALITY OF LIFE FOR THE REGION.
18 413
City of Stockton
Legislation Text
File #: 23-0492, Version: 1
ADOPT AN ORDINANCE AMENDING TITLE 6, CHAPTER 6.04 OF THE STOCKTON MUNICIPAL CODE TO ADD SECTION 6.04.360, MAKING IT UNLAWFUL TO WILLFULLY ABANDON
ANIMALS WITHIN THE CITY LIMITS
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 6, Chapter 6.04, adding section 6.04.360 to the Stockton Municipal Code (SMC) relating to the willful abandonment of animals in the City of Stockton.
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Summary
The Legislation and Environmental Committee ("Committee") requested information regarding the issue of animal abandonment in the City of Stockton ("City") and any laws relating to this issue. The Committee directed staff to draft an ordinance prohibiting the willful abandonment of animals in the City and recommended the proposed ordinance, as presented by the City Attorney’s Office, be presented to City Council for approval.
The proposed addition to the SMC will prohibit the willful abandonment of animals anywhere in the City. There are no exceptions to this ordinance. The ordinance, once passed, would be in effect after thirty days.
DISCUSSION
Background
According to information that the American Society for the Prevention of Cruelty to Animals ("ASPCA") released in 2021, one in five households acquired a cat or a dog since the beginning of the Covid-19 crisis. While the ASPCA reports that a majority of households (90% for dogs; 85% for cats) still have the pets they obtained during the pandemic and have no intention of abandoning or rehoming their pets, there is concern that the rise in pet adoptions has led to a rise in pet abandonment.
Currently, the only law in effect criminalizing animal abandonment in the City is Penal Code section 597s, which states that “[e]very person who willfully abandons any animal is guilty of a misdemeanor.” As a misdemeanor offense, a violation of Penal Code section 597s is punishable by up to six (6) months in county jail and/or a fine of not more than $1,000.00. A list of animal City of Stockton Printed on 7/5/2023Page 1 of 2
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abandonment ordinances from surrounding jurisdictions was compiled in response to the Committee's request. This list was used to draft the new ordinance being proposed.
Present Situation
SMC Chapter 6.04 regulates animal services matters. Currently, Chapter 6.04 does not include any provisions which prohibit the abandonment of animals in the City. As discussed above, California Penal Code section 597s creates such a prohibition state-wide. Stockton Animal Services Officers are currently able to refer animal abandonment cases to the San Joaquin County District Attorney’s Office for prosecution under Penal Code section 597s where there is sufficient evidence of willful abandonment. However, Stockton Animal Services has not referred any cases to the District Attorney’s Office for prosecution of Penal Code section 597s in the previous ten (10) years, due largely to evidentiary issues with proving willful abandonment. Absent catching individuals in the act of abandoning animals, it is difficult for Animal Services to collect enough evidence to meet the high burden of proof in criminal cases. An SMC ordinance prohibiting animal abandonment would simply provide the City with the option of having the City Attorney’s Office prosecute such violations instead of referring the matter to the District Attorney’s Office, but it would not address these evidentiary issues.
The proposed SMC Section 6.04.360 would make it unlawful to willfully abandon any animal in the City of Stockton. As listed in the proposed ordinance, a first violation would be charged as an infraction, punishable by a $100 fine. Subsequent violations within one year of the first violation would be charged as misdemeanors; punishable by up to a $1,000 fine and/or imprisonment in County jail for up to six (6) months.
FINANCIAL SUMMARY
There are no General Fund costs associated with the adoption of the ordinance as drafted. Fines will be determined by the San Joaquin County Court when citations are evaluated through the judicial process. Should the court uphold the fines, payments will be remitted to the City once paid.
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1 ORDINANCE NO. ________________
AN ORDINANCE ADDING SECTION 6.04.360 TO T HE S TOCKTON MUNICIPAL
CODE PROHIBITING THE WILLFUL ABANDONMENT OF ANIMALS IN THE CITY
BE IT ORDAINED BY THE CI TY COUNCIL OF T HE CITY OF ST OCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Title 6 , Chapter 6.04, S ection 6.04.360 is added to the Stockt on Municipal C ode and shall read as follows:
6.04.360 Animal abandonment.
A. It is unlawful for any person to willfully abandon any animal in the City.
B. A violation of the provisions of this section is punishable as follows:
1. A first violation of the provisions of this section shall be an infraction, punishable
by a fine of not more than $100.00; and
2. A second or subsequent violation of the same provisions of this section committed within one (1) year of the previous violation shall be a misdemeanor, punishable by a fine of not more than $1,000.00, or by imprisonment in the County jail for a period not exceeding six (6) months, or b
y both such fine and imprisonment.
SECTION II. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held in valid, that i nvalidity shall not affect other provisio ns, or applications of the fact which can be given wit hout the invalid prov ision or application, and to this end the provisions of this act are severable. //
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2 ATTEST:
ELIZA R. GARZA , CMC
City Clerk of the City of Stockton
ADOPTED: ___________________
EFFECTIVE: ___________________
____________________________
KEVIN J. LINCOLN II
M
ayor of the C ity o f Stockton
SECTION III. EFFECTIVE DATE
This
ordinance shall take effect and be in full force thirty (30) days after its passage. 417
City of Stockton Police Department
SMC Amendment
Add Section 6.04.360
Abandoned Animals
City Council Meeting
July 11, 2023
Agenda Item 15.2
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Background
•In 2021 the “ASPCA” released information stating
that 1 in 5 households acquired a cat or a dog
during the Covid‐19 crisis
•The Legislation and Environmental Committee is
concerned that the rise in pet adoptions has
caused a rise in animal abandonment in the City
•Currently there is only one la w regarding animal
abandonment—Penal Code 597s
•A list of animal abandonment ordinances from
surrounding agencies was compiled to draft the
new proposed ordinance
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Present Situation
• Penal Code 597s has proven difficult for the
DA’s office to prosecute due to the issue of
proving beyond reasonable doubt the actual
abandonment of animals
•The addition of Section 6.04.360 will allow the
City Attorney’s Office to handle animal
abandonment cases
•This section would make it unlawful to willfully
abandon an y animal in the City of Stockton
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Proposed Fines
•First Offense $100.00
•Second Offense or subsequent* $1,000.00
•*Second and subsequent offenses within one (1) year of the first offense have a fine of up to $1,000 and up to six (6) months imprisonment
•First offenses are charged as an infraction, second and subsequent offenses are charged as misdemeanors
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Recommendation
• Adopt an ordinance amending the Stockton
Municipal Code by adding Section 6.04.360 to
Title 6, Chapter 6.04 relating to the
abandonment of animals in the City of Stockton
• Authorize the City Manager to take all
appropriate and necessary actions to carry out
the purpose and intent of the ordinance
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City of Stockton
Legislation Text
File #: 23-0628, Version: 1
ACCEPT THE FISCAL YEAR 2022-23 SECOND QUARTER BUDGET STATUS UPDATE AND
AUTHORIZE A BUDGET AMENDMENT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept this budget status report on the financial results for the Second Quarter of Fiscal Year (FY) 2022-23.
2. Authorize a budget amendment in the Public Works Department.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
The Second Quarter financial review indicates General Fund revenues are projected to exceed budgeted levels and expenditures are projected to be slightly under budget. Expenses totaled $124.0 million through the first six months and are expected to end the year 6.3% below budget due primarily to lower-than-expected salary, benefit, and travel costs.
Through the Second Quarter, General Fund revenues totaled $86.4 million, which is consistent with the expected cash flow cycles for most revenue types. Based on preliminary information, year-end revenue projections are expected to exceed the budget by $19.5 million (+6.8%), a growth of 2.6% compared to prior year actual revenues. Staffing levels in the second quarter were lower than the level anticipated in the budget resulting in expenditure savings. Overall, second quarter expenditures of $124.0 million were at 35% of the budget and are projected to end the year within the total adjusted annual expenditure budget of $350.0 million. Expenditure activity is similar to the same period in prior years.
Staff reviewed all other City funds to determine significant budget variances and identified one instance where an amendment to the current Approved Budget is necessary.
DISCUSSION
Background
The City Council remains committed to transparency and financial responsibility with the continuation of Fiscal Sustainability as one of its strategic targets. Staff provides this budget status update in support of that objective.
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Council adopted the FY 2022-23 annual city-wide budget of $898.7 million on June 21, 2022. The adopted General Fund expenditure budget was $282.9 million of the total City budget.
Present Situation
General Fund Budget Status Update
Staff reviewed General Fund expenditures and revenues for the first six months of the current fiscal year as shown in Attachments A and B. Attachment A summarizes the City's General Fund revenues, expenditures, and available balance by approved budget activity as of December 31, 2022, year-end projections, and variance amounts. With mid-year budget adjustments, the General Fund is budgeted to end the fiscal year with an available balance of $66.1 million. Revised projections indicate revenues will end the year greater than the budgeted level by $19.5 million, with expenditures projected to be approximately $22.0 million less than budget. The information below indicates our best analysis of the trends through the first half of the year, with known timing variations taken into account, and provides projections for year-end performance compared to the budget based on this review. Revenue and expenditure projections will continue to be refined and provided to the City Council as part of subsequent budget updates.
Budget Adjustments
Throughout the fiscal year, the Council may adjust the budget. All Council approved adjustments and administrative entries made through the Second Quarter are incorporated in Attachment A in the column labeled "Approved Budget." The approved General Fund expenditure appropriation of $333.3 million reported in the First Quarter report has increased by $16.7 million. These changes include $10.0 million transferred to the Pension Trust, $5.2 million for Council priority projects as approved on May 2, 2023, and $1.5 million for the increase in debt payments related to the Assured Guaranty contingent payment.
Revenues
Attachment B displays General Fund revenues collected through December 31, 2022, of $86.4 million. These year-to-date receipts are 30.3% of the $285.3 million total annual revenue budget, which is consistent with prior years and staff's expectations. At the end of the Second Quarter, the General Fund was on track to exceed budget expectations. Sales tax receipts continue to perform better than expected with the year-end projection exceeding budget by 11.7% and growing 2.8% compared to FY 2021-22 receipts. As the graph below shows, revenues have ranged from 24% to 34% for the same period in the last four fiscal years.
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Taxes are the primary General Fund revenue source and are received throughout the year in an uneven pattern. For example, almost all the City's property tax receipts are received from San Joaquin County in two payments in the last half of the fiscal year. Consequently, only $239,861 of the $70.7 million budgeted for property tax revenues was received by December 31, 2022. Staff takes these unique cycles into consideration when making year-end projections, and also receives analyses from consultants several times during the year.
Sales Tax receipts make up nearly 39% of the total annual General Fund revenue. Remittances through the end of the Second Quarter from the State of California reflect sales through the fourth month of the fiscal year. Using current information, staff project the year-end sales tax collections for the General Fund, including Measure A receipts, will be $125.1 million, more than $13 million above the $112.0 million budgeted. The year-end projection is about $3.4 million more than sales tax receipts in FY 2021-22.
Property Taxes are 25% of the total annual General Fund revenue and are remitted to the City each year by San Joaquin County in January and April. Receipts for the first six months are less than one percent of the annual estimate; however, assessment information is available that provides advance notice of the forthcoming payments and indicates FY 2022-23 property tax revenues will be $71.8 million, which is consistent with expectations and represents a 5.0% growth from the prior year. The updated projected annual total, as shown in Attachment B, is $1.2 million greater than the approved budget of $70.7 million. New construction has been above average for the last few years contributing to property tax growth.
Utility Users Tax (UUT) is 14% of total annual General Fund revenue and is a tax imposed on the users of various utilities like water, electricity, natural gas, cable TV, and telecommunications services. UUT is subject to a certain degree of volatility as consumer use of utilities can be City of Stockton Printed on 7/5/2023Page 3 of 8
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dependent on weather conditions, conservation efforts, and the availability of substitutes.
FY 2022-23 UUT revenues are estimated to be $40.7 million, about $1.9 million greater than the annual budget of $38.7 million. This revenue projection is 6.1% above FY 2021-22 actual receipts.
Based on revenues received through the Second Quarter, Electric, Gas and Cable UUT are projected to exceed the budgeted amount. Water and Telecommunications UUT are expected to be below the budgeted amounts.
Franchise Fees generate approximately 6% of General Fund revenue and are charged to companies as a percentage of their income for the use of city streets and infrastructure. Because they are based on the revenue generated by a service provider, these fees tend to track parallel with UUT. Stockton charges franchise fees to PG&E, cable and video companies, and waste haulers.
PG&E pays its franchise fees in two payments late in the fiscal year, so year-end projections for the line item are based on prior year activity and trends evident in the UUT revenue category.
Franchise revenues are projected to be 8.1% greater than the $17.1 million budget with PG&E and waste hauler fees coming in over budget estimates. Cable/video revenues are projected to decline by $463,818 compared to FY 2021-22 receipts of $2.5 million.
Business License Taxes generate 5% of General Fund revenues. Business license tax revenue is projected to be $14.7 million, a 4.5% increase compared to prior year revenues.
Other Taxes combined are less than 2% of General Fund revenue. Hotel/Motel Taxes projected to come in at $3.4 million are showing a slight decline compared to receipts of $3.6 million in the previous year. Document transfer taxes are projected to be just under $1.0 million compared to $1.6 million last year reflecting a slowdown in home sales and declines in values.
The Investment Proceeds line item includes proceeds from investments as well as interest on cash holdings. The City's investments are limited to secure/conservative instruments that are not expected to be hit as hard as other investment options. The revenue projection of $2.5 million assumes conservative earnings in the fiscal year and is in line with the annual budget.
Program Revenues consist primarily of revenues from fines, licenses, service contracts with other agencies, and code enforcement fees, and reflect 5.7% of total General Fund revenues. Year-end estimates for this category are $1.2 million (7.2%) greater than budget. Revenue from Fire Contracts is projected to be higher than budget by $683,185. The other large variance in this category is Code Enforcement which is expected to exceed the budget by $598,693. The Charges for Services category is down in part due to lower intake of County animals at the animal shelter. Most other program revenues are projected to be close to the annual budget.
Interfund Reimbursements consist of cost recovery to the General Fund from other funds and other agencies for administrative services and facility space and constitute 3.2% of General Fund revenue.
As of December 31, 2022, interfund reimbursements totaled $3.6 million, or 39.9% of the category budgeted revenues. Revenues can lag due to the timing of reimbursements as costs incurred in the first two quarters of the fiscal year are billed at the end of each quarter, and reimbursements are generally received in the next quarter. An increase of 4.7% is anticipated in this category by fiscal year-end.
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Expenditures
General Fund expenditures in most departments are running close to or slightly below budgeted levels and are reflected in Attachment A and summarized in Figure 1 below as a percent of the respective budgets.
Figure 1
Most of the lower spending levels are a result of programs that spend more in the last half of the year for items like debt, labor negotiation, election, tax collection, and audit contract costs. In addition, several departments continue to experience higher-than-budgeted staff vacancies, including Police, Fire, Economic Development, City Clerk, City Attorney, Administrative Services, and Office of Violence Prevention.
Hiring and retaining employees in a very competitive job market continues to be a challenge for most departments. As shown below, the FY 2022-23 Budget as modified with employee labor agreements approved mid-year includes a total of $10.4 million in budgeted salary savings. Through December 31, 2022, actual General Fund salary savings were approximately $9.8 million more than the Budget anticipated at mid-year. General Fund salary savings were 17.9% in the First Quarter compared to
14.9% in the Second Quarter.
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Below is a summary of salary savings results for the first half of the fiscal year.
Figure 2
Second Quarter % Realized
Department Annual 2 Quarters Savings Vacancies
General Fund
Other Departments 404,972 202,486 365,351 6.4% Administrative Services 192,559 96,279 394,981 15.6% Human Resources 65,286 32,643 55,589 6.8% Police 6,182,180 3,091,090 9,674,228 18.1% Fire 1,535,411 767,705 2,234,479 10.3% Public Works 308,520 154,260 108,052 2.7% 8,688,928 4,344,464 12,832,678 15.0%
Marshall Plan
Office of Violence Prevention - - 59,636 12.9% Police 1,696,203 848,102 2,132,075 14.7% 1,696,203 848,102 2,191,711 14.6%
Total 10,385,131 5,192,565 15,024,389 14.9% Total Savings above/(below) Budget 9,831,823 10.3% Budgeted Vacancy
Savings
Department Expenditures
The Police Department is afforded 45% of the General Fund budget. The hiring of 13 new officers during the Second Quarter was offset by the attrition of 20 officers (one retired, one was terminated, two left the industry, six were released during probation, one failed the academy, and nine left to other agencies). Police Department expenses were at 44% of budget as of December 31, 2022.
Overall, the Department estimates it will end the year approximately $16.3 million under budget primarily due to vacant positions and new employees starting at lower pay than departing employees.
The Fire Department accounts for 16% of the General Fund annual budget. The department’s overall actual expenditures amount to $26.5 million or 46% of the budget at the end of the second quarter. The percentage spent out of the current budget is approximately 1% more than the same period last year mainly due to the increase in payroll costs with the approval of the new Public Safety labor contracts and the high number of trainees that were recruited for Fire Academy 22-2. Nineteen or 90% out of the 21 Firefighter recruits successfully completed the first Fire Academy in November 2022. At the end of December 2022, there were 18 new sworn personnel vacancies, and recruitment efforts continue for a second firefighter training academy to fill these new vacant positions. Sufficient vacancy savings are generated to offset the additional overtime required to backfill vacant positions to meet the department’s minimum staffing requirements. The department is expected to end the fiscal year below the budget by 4.1% due to the continuous personnel attrition throughout the fiscal year.
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The Public Works Department accounts for 6% of the General Fund annual budget. Approximately 41% of the department budget was expended as of December 31, 2022, and year-end projections are $993,071 less than the approved budget of $19.9 million. Savings are primarily from vacancies and/or staff turnover.
The Economic Development Department is overall trending close to Budget. In February 2023, City Council approved the de-obligation of approximately $2.0 million from Open Windows, LLC, and approved a reallocation of these funds for Downtown Infill Infrastructure use. EDD is currently working with the Budget Office on a proposal to create a Redevelopment and Blight Abatement Program/Fund that will help in the mitigation of serious blighted conditions and vacant buildings within the City. If approved, the $2.0 million will be used as seed money for these activities.
Program Support for Other Funds accounts for 23% of the General Fund budget and includes appropriations for City libraries, recreation activities, grants, entertainment venues, marina and golf course operations, capital projects, and development services. Most transfers occur in regular monthly intervals, whereas grant match and capital transfers are recorded when expended.
Expenses in the Tax Collection and Election categories are, for the most part, incurred later in the year. The City typically pays property tax administration fees to San Joaquin County in January and May. Sales tax administration fees are paid quarterly, with only one quarter paid through December.
Fees for collection of sales taxes and property taxes are projected to be below the budget by $17,018.
Other Administration contains a variety of citywide costs that are not attributable to an individual department or specific group of programs. This category includes a negative budget for indirect cost charges and vacancy savings. The year-end projection currently shows an overage of $150,582, which will be resolved by redistributing budgeted vacancy savings at year-end to other departments experiencing vacant positions.
Expenses in the General Legal category were 29% of budget at the end of the Second Quarter.
Activity is expected to pick up in the last half of the year with active labor negotiations and normal legal expenses.
Debt Service payments by the City are not expended in any regular pattern but instead by the scheduled due dates to bondholders. The budget has been adjusted to reflect the FY 2021-22 true up and FY 2022-23 estimated contingency payments to Assured Guaranty. The full appropriated amount of $8.4 million will be paid out by year-end with the largest payment due in May 2023.
Long-Range Financial Plan
Staff updates the Long-Range Financial Plan (L-RFP) as new information becomes available and evaluates the underlying assumptions during the annual budget process. Over the last few months, staff has made updates to the model in an effort to update revenue forecasts. The updated model included in the FY 2023-24 Proposed Annual Budget and discussed at the June 2023 study session and public hearing is the latest version. There are no further updates to the L-RFP at this time.
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Other City Funds
In addition to the detailed review of the General Fund expenditures and revenues described above, staff reviewed all City funds as part of the preparation of this report. Attachment C summarizes the FY 2022-23 Second Quarter results for other major City funds. Year-to-date activity on Attachment C is similar to the General Fund in that revenues and expenses can be seasonal and subject to irregular schedules. The Emergency Communication Fund shows expenditures exceeding revenues by $162,353. This is a result of quarterly billings processed after the close of each quarter. All expenses incurred will be fully paid by year-end.
One City fund is in need of a budget amendment that was identified during staff's review of the Second Quarter results. The corrective action is described below. All other funds were under the authorized budget appropriation.
The Public Works Department received Council authorization to appropriate additional funds in the amount of $752,705 from the State of California Federal Coronavirus Response and Relief Supplement Appropriations (CRRSA) through Resolution 2022-05-24-1217 for the Miner Avenue Complete Street Improvements, Project No. WT16007/Federal Project No. ATPL-5008 (158). The Public Works Department recommends the transfer of CRRSA funding in the amount of $234,489 from project WT16007 to the Miner Avenue/San Joaquin Roundabout, Project No. WT15015/Federal Project No. CML-5008 (188) to close out the project.
FINANCIAL SUMMARY
This report provides an analysis of the FY 2022-23 General Fund Second Quarter results. The review indicates revenues will exceed original estimates by $19.5 million (6.8%), and expenses are on track to achieve savings greater than the budget by $22.0 million. Both projections were factored into the FY 2023-24 budget development and Long-Range Financial Plan updates. Staff will continue to monitor trends and potential budget variances and will return to the Council with future recommendations where appropriate.
Staff also reviewed other City funds and recommends the following budget amendment:
1. Transfer funds in the amount of $234,489 from the Miner Avenue Complete Street Improvements, Project No. WT16007/Federal Project No. ATPL-5008 (158), account number 4570-000-800007-300-000-30-45-000-000-, to the Miner Ave/San Joaquin Roundabout, Project WT15015/Federal Project No. CML-5008 (188), Account No. 4570-000-800007-300- 000-30-45-000-000-.
Attachment A - FY 2022-23 Second Quarter Budget Update General Fund Attachment B - FY 2022-23 Second Quarter Revenues General Fund Attachment C - FY 2022-23 Second Quarter Report for Other Major Funds City of Stockton Printed on 7/5/2023Page 8 of 8
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City of Stockton
FY 2022-23 Budget Update - Second Quarter
General Fund - 100 by Program (Budgetary Basis)
Year to Date Projection Variance
Approved Activity % of 2nd Quarter vs. Approved from
Budget As of 12/31/22 Budget Projection Budget Budget
Beginning Available Balance 47,735,042$ 47,735,042$ 47,735,042$ Release of Funds* 41,558,597 41,558,597 41,558,597 89,293,639 89,293,639 89,293,639
Revenues
General Tax Revenues 217,851,365 58,767,838 27% 230,464,306 12,612,941 5.8% Measure A/B Sales Tax 42,080,000 18,114,979 43% 47,399,580 5,319,580 12.6% Program Revenues 16,386,415 5,906,719 36% 17,570,039 1,183,624 7.2% Interfund Reimbursements 9,017,873 3,601,503 40% 9,439,777 421,904 4.7% 285,335,653 86,391,039 30% 304,873,702 19,538,049 6.8% Expenditures
Programs
Police 156,092,480 68,955,745 44% 139,794,460 16,298,020 10.4% Fire 57,270,581 26,459,262 46% 54,907,679 2,362,902 4.1% Public Works 19,854,657 8,104,921 41% 18,861,586 993,071 5.0% Economic Development 3,990,017 619,772 16% 3,822,219 167,798 4.2% Office of Violence Prevention 2,244,915 957,396 43% 1,913,264 331,651 14.8% 239,452,650 105,097,097 44% 219,299,208 20,153,442 8.4% Program Support for Other Funds
Library 4,109,000 2,054,500 50% 4,109,000 - 0.0% Recreation 3,542,000 1,771,000 50% 3,542,000 - 0.0% Entertainment Venues 3,318,000 1,659,000 50% 3,318,000 - 0.0% Downtown Marina 262,000 131,000 50% 262,000 - 0.0% Capital Improvement 50,756,792 6,050,000 12% 50,756,792 - 0.0% Golf Course 110,000 55,000 50% 110,000 - 0.0% Grant Match 100,000 - 0% 43,735 56,265 56.3% Development Services 800,000 400,000 50% 800,000 - 0.0% Retirement Trust 10,000,000 - 0% 10,000,000 - 0.0% Fire Emergency Communications 720,000 - 0% 700,000 20,000 2.8% Radio ISF 5,134,542 - 0% 5,134,542 - 0.0%
78,852,334 12,120,500 15% 78,776,069 76,265 0.1% Administration
City Council 1,124,328 467,167 42% 1,091,906 32,422 2.9% City Manager 2,873,738 1,213,396 42% 2,563,289 310,449 10.8% City Attorney 1,352,865 496,937 37% 1,101,911 250,954 18.5% City Clerk 1,214,561 535,204 44% 1,027,397 187,164 15.4% City Auditor 821,828 190,981 23% 821,828 - 0.0% Administrative Services 6,448,485 2,744,876 43% 5,783,417 665,068 10.3% Human Resources 4,223,219 1,192,296 28% 3,989,491 233,728 5.5% Tax Collection 2,595,756 669,985 26% 2,578,738 17,018 0.7% Elections 650,000 (315,230) -48% 650,000 - 0.0% Other Administration (533,252) (556,323) 104% (382,670) (150,582) 28.2% General Legal 500,000 147,307 29% 300,000 200,000 40.0% 21,271,528 6,786,596 32% 19,525,307 1,746,221 8.2% Debt Service 8,422,050 - 0% 8,422,050 - 0.0% Contingency 2,000,000 - 0% 2,000,000 - 0.0% Total Expenditures 349,998,562 124,004,193 35% 328,022,634 21,975,928 6.3% Net Annual Activity (64,662,909) (37,613,154) (23,148,932) 41,513,977 Proj. Ending Available Balance 24,630,730$ 66,144,707$ 41,513,977$ Fund Balance as % of Expenses 7% 20%
ATTACHMENT A
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FY 2022-23 Second Quarter Revenues
General Fund - 100
Approved 2nd Quarter % of 2nd Quarter Projection % Variance Budget Actual Budget Projection vs. Budget vs. Budget
General Tax Revenues
Sales Tax
Point of Sale 66,824,000$ 25,108,341$ 37.6% 74,333,000$ 7,509,000$ 11.2% Measure A Transaction Tax 42,080,000 18,114,979 43.0% 47,399,580 5,319,580 12.6% Proposition 172 3,109,000 889,175 28.6% 3,344,809 235,809 7.6% 112,013,000 44,112,494 39.4% 125,077,389 13,064,389 11.7% Property Taxes
Property Taxes 41,490,000 239,861 0.6% 42,479,765 989,765 2.4% In-Lieu of Motor Vehicle Fees 29,165,000 - 0.0% 29,343,468 178,468 0.6% 70,655,000 239,861 0.3% 71,823,233 1,168,233 1.7% Utility Users Tax
Water 5,172,176 1,532,506 29.6% 4,831,550 (340,626) -6.6% Electric & Gas 27,075,000 14,175,155 52.4% 29,476,392 2,401,392 8.9% Cable 2,427,000 837,465 34.5% 2,477,112 50,112 2.1% Telecommunications 4,057,000 1,463,485 36.1% 3,883,757 (173,243) -4.3% 38,731,176 18,008,611 46.5% 40,668,811 1,937,635 5.0% Franchise Tax
Electric & Gas 2,558,000 - 0.0% 2,980,414 422,414 16.5% Cable/Video 2,009,000 513,530 25.6% 2,029,090 20,090 1.0% Waste Haulers 12,556,000 5,692,907 45.3% 13,502,267 946,267 7.5% Other 1,630 - 0.0% 1,630 - 0.0%
17,124,630 6,206,437 36.2% 18,513,401 1,388,771 8.1% Business License Tax 14,350,000 6,867,533 47.9% 14,650,984 300,984 2.1% Hotel/Motel Tax 3,211,540 935,728 29.1% 3,385,629 174,089 5.4% Document Transfer Tax 1,200,000 393,809 32.8% 953,230 (246,770) -20.6% Motor Vehicle License 200,000 - 0.0% 331,550 131,550 65.8% Investment Proceeds 2,446,019 118,345 4.8% 2,459,659 13,640 0.6% 21,407,559 8,315,415 38.8% 21,781,052 373,493 1.7% Program Revenues
Fire Contracts 4,705,270 2,651,278 56.3% 5,388,455 683,185 14.5% Code Enforcement 4,009,457 1,389,153 34.6% 4,608,150 598,693 14.9% Charges for Services 2,980,440 778,245 26.1% 2,436,754 (543,686) -18.2% Fines & Forfeitures 548,863 383,619 69.9% 504,317 (44,546) -8.1% Revenues from Other Agencies 3,903,325 459,221 11.8% 4,053,479 150,154 3.8% Licenses & Permits 351,331 168,109 47.8% 508,596 157,265 44.8% Sale of Fixed Assets 60,000 - 0.0% 180,000 120,000 200.0% Contributed Capital - 61,876 61,876 61,876
Misc. Other Revenues (172,271) 15,218 -8.8% (171,588) 683 -0.4% 16,386,415 5,906,719 36.0% 17,570,039 1,183,624 7.2% Interfund Reimbursements
Indirect Cost Allocation 4,956,141 2,902,803 58.6% 5,312,930 356,789 7.2% Refunds & Reimbursements 943,350 219,874 23.3% 1,066,180 122,830 13.0% Rents/Leases/Concessions 3,118,382 478,826 15.4% 3,060,667 (57,715) -1.9% 9,017,873 3,601,503 39.9% 9,439,777 421,904 4.7% Total Revenues 285,335,653$ 86,391,039$ 30.3% 304,873,702$ 19,538,049$ 6.8% % Change from Prior Year -4.0% 2.6%
ATTACHMENT B
FY 2022-23
432
ATTACHMENT C
City of Stockton
FY 2022-23 Second Quarter
Financial Report for Other Major Funds
Measure A (Breakout of General Fund) Year to % of
Budget Date Actual Budget
Revenues 42,080,000 18,114,979 43%
Marshall Plan Expenditures
Office of Violence Prevention 1,311,445 549,591 42% Police 32,359,335 14,484,006 45%
Other City Services 258,800 75,116 29%
Total Expenses 33,929,581 15,108,713 45%
Funds Combined with General Fund in CAFR
Library 100-120 Fund Year to % of Emergency Comm. 100-130 Fund Year to % of Budget Date Actual Budget Budget Date Actual Budget
Beginning Balance 3,322,975 3,493,650 Beginning Balance 24,893 24,893 Revenues 8,456,104 4,213,891 50% Revenues 5,277,132 1,951,135 37% General Fund Transfer 4,108,711 2,054,500 50% Expenditures 5,224,795 2,138,381 41% 12,564,815 6,268,391 50%
Expenditures Ending Balance 77,230 (162,353)
Administration 1,663,933 815,792 49%
Operations 1,709,139 946,991 55% Recreation 100-125 Fund Year to % of County Branches 6,961,809 2,664,957 38% Budget Date Actual Budget City Branches 3,527,027 1,649,149 47% Beginning Balance 380,432 1,095,521 Capital Projects - - 0%
Total Expenses 13,861,908 6,076,889 44% Revenues 1,273,634 456,928 36% General Fund Transfer 3,542,000 1,771,000 50%
Ending Balance 2,025,882 3,685,152 4,815,634 2,227,928 46% Expenditures
Entertainment Venues 100-145 Fund Year to % of Administration 1,393,827 430,124 31% Budget Date Actual Budget Recreation Programs 3,710,272 1,455,663 39% Beginning Balance 1,999,301 1,999,301 Total Expenses 5,104,099 1,885,787 37% Revenues 3,435,339 2,215,338 64% Ending Balance 91,967 1,437,662 General Fund Transfer 3,318,000 1,659,000 50%
Other Fund Transfer 2,300,000 - 0% Boat Launch 100-140 Fund Year to % of 9,053,339 3,874,338 43% Budget Date Actual Budget Expenditures Beginning Balance 973,009 973,009
Administration 430,171 97,354 23%
Venue Operations 7,894,371 3,801,976 48% Revenues 297,432 142,760 48% Maintenance & Equip./Capital 100,000 - 0% Expenditures Total Expenses 8,424,542 3,899,330 46% Operations & Maintenance 203,541 74,218 36% Capital Projects 500,000 - 0%
Ending Balance 2,628,098 1,974,309 Total Expenses 703,541 74,218 11% Ending Balance 1,066,900 1,041,551
433
ATTACHMENT C
City of Stockton
FY 2022-23 Second Quarter
Financial Report for Other Major Funds
Special Revenue Funds
Measure W 200 Fund Year to % of Development Services 220 Fund Year to % of Budget Date Actual Budget Budget Date Actual Budget
Beginning Balance 9,973,679 9,973,679 Beginning Balance $ 32,699,463 $ 32,699,463 Revenues 14,000,000 5,441,581 39% Revenues 19,128,661 11,695,278 61% Expenditures General Fund Transfer 800,000 400,000 50% Police 7,307,920 3,306,203 45% 19,928,661 12,095,278 61% Fire 6,854,935 3,060,453 45% Expenditures
Total Expenses 14,162,855 6,366,656 45% Community Development 15,818,946 6,131,151 39% Fire 3,889,102 1,737,656 45%
Ending Balance 9,810,824 9,048,604 Capital 5,700,000 - 0% Total Expenses 25,408,048 7,868,807 31%
Strong Communities (Measure M) 210 Fund Year to % of
Budget Date Actual Budget Ending Balance 27,220,076 36,925,934 Beginning Balance 19,139,903 19,139,903
Revenues 14,027,000 5,377,959 38%
Expenditures
Library Programs 4,424,191 1,407,417 32%
Recreation Programs 5,615,409 1,821,878 32%
Administration 1,152,362 505,676 44%
Capital Projects 8,515,000 - 0%
Total Expenses 19,706,962 3,734,971 19%
Ending Balance 13,459,941 20,782,891
Enterprise Funds
Water Utility 600 Fund Year to % of Parking Authority 630 Fund Year to % of Working Capital Budget Date Actual Budget Working Capital Budget Date Actual Budget Revenues 62,884,196 29,151,345 46% Revenues 6,209,215 2,711,077 44% Expenditures Other Fund Transfer 770,000 - 0%
Administration 4,621,006 1,435,120 31% 6,979,215 2,711,077 39% Operations & Maintenance 38,773,760 17,136,729 44% Expenditures Debt Service 14,308,450 4,127,791 29% Administration 948,846 230,202 24% Capital 19,489,461 712,094 4% Parking Operations 2,744,118 1,401,010 51% Total Expenses 77,192,677 23,411,734 30% Parking Enforcement 699,629 292,181 42% Debt Service 2,320,724 8,466 0%
Wastewater Utility 610 Funds Year to % of Facility Improvements 3,417,663 4,450 0% Working Capital Budget Date Actual Budget Total Expenses 10,130,980 1,936,309 19% Revenues 127,957,495 43,354,563 34%
Expenditures Downtown Marina 640 Fund Year to % of
Administration 8,925,044 3,184,041 36% Working Capital Budget Date Actual Budget Operations & Maintenance 53,999,937 20,981,765 39% Revenues 382,275 200,951 53% Debt Service 7,789,500 1,749,225 22% General Fund Transfer 262,000 131,000 50% Capital 74,576,105 18,223,369 24% 644,275 331,951 52% Total Expenses 145,290,586 44,138,400 30% Expenditures Administration 17,800 11,093 62%
Stormwater Utility 620 Funds Year to % of Operations 642,598 303,306 47% Working Capital Budget Date Actual Budget Capital - - 0% Revenues 5,705,680 3,071,660 54% Total Expenses 660,398 314,399 48% Expenditures
Administration 2,925,470 828,507 28% Golf 650 Fund Year to % of Operations & Maintenance 3,591,250 1,515,031 42% Working Capital Budget Date Actual Budget Capital 523,867 34,447 7% Revenues - 13,248 Total Expenses 7,040,587 2,377,985 34% General Fund Transfer 110,000 55,000 50% 110,000 68,248 62%
Expenditures
Administration 51,980 17,753 34%
Swenson Golf Course 62,500 - 0%
Van Buskirk Golf Course 67,517 15,099 22% Total Expenses 181,997 32,852 18%
434
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION ACCEPTING THE FISCAL YEAR 2022-23 SECOND QUARTER
BUDGET STATUS UPDATE REPORT, AND AUTHORIZE A BUDGET AMENDMENT
Fiscal Sustainability is one of the City Council’s goals; and
City Council adopted the Fiscal Year (FY) 202 2-23 Annual Budget on June 21, 2022, following a duly noticed budget study session and a public hearing, and
By the staff report accompanying this Resolution, incorporated into this Resolution by this reference (Staff Report), the Council has been provided with additional information upon which the actions set forth in this Resolution are based; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1) Accept this budget status report on the results of th e Second quarter of Fiscal Year 2022-23.
2) Transfer funding and appropriations of $234,489 from the Miner Avenue Complete Street Improvements, Project No. WT16007/Federal Project No. ATPL -5008 (158), to the Miner Ave/San Joaquin Roundabout, Project WT15015/Federal Project No.
CML-5008 (188).
3) Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 11, 2023 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
435
FY 2022-23
Second Quarter
Budget
Update
July 11, 2023
Item 15.3
436
2nd Quarter FY 2022-23
General Fund Revenues
As of December 31, 2022:
• Year to Date = $86.4 million
• 30.3% of the $285.3 million budget
Year‐end Projection:
•$304.9 million
• $19.5 million, 6.8% over the budget
• Largest variances:
• Sales Tax +$13.1 million
• Utility User Tax +$1.9 million
• Franchise Tax +$1.4 million
437
FY 2018‐19 FY 2019‐20 FY 2020‐21 FY 2021‐22 FY 2022‐23 1st Quarter 12% 14% 15% 10% 13%
2nd Quarter 31% 31% 34% 24% 30%
3rd Quarter 67% 67% 66% 60% 0%
Year‐End 105% 106% 121% 118% 0%
Budget 100% 100% 100% 100% 100%
‐5%
5%
15%
25%
35%
45%
55%
65%
75%
85%
95%
105%
115%
125%
% of Annual Budget
General Fund Revenues
Quarterly Receipts as a % of Budget
2nd Quarter Revenues
438
2nd Quarter FY 2022-23
General Fund Expenditures
As of December 31, 2022:
• Expenditures = $124.0 million
• 35% of the $349.9 million budget
Year‐end Projection:
• $328.0 million
• $21.9 million, 6.3% under budget
• Police Department $16.3 million
• Fire Department $2.4 million
439
2nd Quarter FY 2022-23
General Fund Budget
440
2nd Quarter FY 2022-23
Recommendation
• Accept 2nd Quarter Budget Status
Update report.
• Approve one budget amendment.
1. Transfer funds in the amount of
$234,489 from the Miner Avenue
Complete Street Improvements,
Project No. WT16007 to the Miner
Ave/San Joaquin Roundabout, Project
No. WT15015
441
City of Stockton
Legislation Text
File #: 23-0577, Version: 1
ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT AND DENSITY TRANSFER AGREEMENT BETWEEN A.G. SPANOS CONSTRUCTION INC. AND THE CITY OF STOCKTON FOR THE A.G. SPANOS BUSINESS PARK MASTER DEVELOPMENT PLAN
RECOMMENDATION
Staff recommends that the City Council:
1. Find that the project is categorically exempt from CEQA, pursuant to the CEQA Guidelines, section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations; and
2. Adopt an Ordinance amending the Spanos West Business Park Development Agreement and Density Transfer Agreement.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of these approvals.
Summary
On January 29, 2002, Stockton City Council approved the A.G. Spanos Business Park Master Development Plan, commonly known as the Spanos Park West Master Development Plan. The approval included a Development Agreement (DA) between the City and Applicant (A.G. Spanos Construction, Inc.) to establish a 200-acre mixed-use residential and commercial business center.
The DA also included a Density Transfer Agreement (DTA) that allowed the applicant to construct mostly single-family housing while allowing higher-density housing to be constructed elsewhere on other A.G. Spanos Project sites. The DTA was later amended to allow the applicant to either build the high-density housing (627 units) on or within surrounding entitled A.G. Spanos projects (Westlake, Delta Cove, Crystal Bay), or elsewhere in the City including Greater Downtown, or pay a $2,000 in- lieu fee per unit if not constructed by the December 2018 term of the DTA. While the entire Master Plan is approximately 95% constructed, the high-density housing has not been constructed, nor has an in-lieu fee been paid.
In February 2022, the Applicant applied for an amendment to extend the term limit for the DA and DTA by an additional 10 years as the original agreement was set to expire in 2022.The current amendment does not change the project obligations of the DA and DTA and only gives the Applicant more time to either complete the construction of 627 new high-density housing units or pay the in-lieu fee.
On May 25, 2023, the Planning Commission voted 5-0 (two members absent) recommending approval of the proposed amendment. The Planning Commission and City staff are recommending City of Stockton Printed on 7/5/2023Page 1 of 5
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approval of the requested Amendment, based on the findings provided. The City Council is the final approving authority and must conduct a public hearing to consider adoption of the DA amendment by ordinance.
DISCUSSION
Background
The subject site consists of multiple parcels located at the southwest intersection of Interstate 5 (I-5) and Eight Mile Road, north of the Spanos Delta Cove Project, Grupe Sanctuary Project (also known as Shima Tract), and Mosher Slough (Attachment A - Location and Context Map).
On January 29, 2002, the Stockton City Council approved A.G. Spanos Business Park Master Development Plan, commonly known as the Spanos Park West Master Development Plan (Attachment B - Approved Master Plan). The approval included a Development Agreement (DA) between the City and the Applicant (A.G. Spanos Construction, Inc.) to establish a 200-acre mixed- use center and a Density Transfer Agreement (DTA) that allowed the applicant to construct mostly single-family housing without providing higher-density (multi-family) housing as the Housing Element required at the time of approval (Attachment C - Approved DA/DTA Agreements).
At the time of the original approval, the City’s Housing Element required a certain percentage of all new single-family housing be reserved for high-density residential use. When the property owner received approval, the minimum required amount of high-density residential housing was not met so the developer and the City entered into a Development and Density Transfer agreement to construct the unmet high density housing amount at a later date and on other A.G. Spanos controlled project sites. These agreements commit the owners, developers, and successors-in-interest (ODS) to construct at least 935 multi-family dwelling units to conform to the City’s General Plan 1992 Housing Element.
Of the 935 required units, the applicant has constructed 308 units, leaving a balance of 627 units to be constructed. In 2008, the DTA was later amended to allow the applicant to either build 627 high- density housing in the Master Plan area or in other surrounding Spanos controlled projects (Westlake, Delta Cove, Crystal Bay), or elsewhere in the City of Stockton including the Greater Downtown Area, or pay a $2,000 in-lieu fee per each unit not constructed. While the entire Master Plan is approximately 95% constructed, the 627-unit high-density housing units have not been constructed and the optional fee payment has not occurred by the December 9, 2018 timeframe as defined by the 2008 amendment. The original DA was set to expire in February 2022.
In February 2022, the Applicant applied to extend the term limit for the DA and DTA as the original DA agreement was set to expire in 2022, the DTA expired in 2018, and the housing obligations (construction or fees) were not completed. The Applicant has applied for an amendment to ensure the completion of the project and housing obligations by extending the approval term of the project entitlements. By applying for the amendment, the expiration date for the project is paused until a final decision is made on the application request. A DA and DTA are voluntary legal contracts between a local jurisdiction and an entity that owns or controls property within the jurisdiction. The agreements detail both parties’ obligations and specify the standards and conditions that will govern the development of that property.
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File #: 23-0577, Version: 1
Present Situation
The Applicant has applied for an amendment to the project’s existing Development Agreement and Density Transfer Agreement to preserve approved entitlements and ensure eventual completion by the construction of new high-density housing units or payment of in-lieu fees. The proposed amendments extend the timeframe to develop and complete the project for another 10 years, from the effective date of City Council approval (30 days after approval). The proposed amendments do not propose to change the project description, standards, or required obligations, and all the original approvals will remain unchanged. The DA is solely intended to extend the approval term of the project (Proposed Ordinance Exhibit 1 -Proposed Amendment).
In 2021 and 2022, the Planning Commission found that the Applicant was substantially complying with the terms and obligations of the DA except for the construction of the multifamily housing units and/or in-lieu fee payment of $2,000 per multi-family unit. Extension of the DA/DTA would permit the Applicant to achieve full DA compliance and avoid breach of the original agreement.
STAFF ANALYSIS
The proposed actions have been reviewed per the policies of the 2040 General Plan, Stockton Municipal Code (SMC), and terms of the Development Agreement. Per SMC 16.128.080 (Findings), a DA amendment can be supported by the City based on the following findings for approval:
1. The Development Agreement and Density Transfer Agreement amendment is in the City’s best interests, as it would directly promote housing and economic opportunities associated with new housing units. The amendment would obligate the applicant to develop 627 new high- density residential units or pay a fee of two thousand dollars ($2,000.00) per unit to the City or a non-profit organization for an estimated total of $1,254,000. This will benefit the community by increasing the variety and affordability of housing units, constructing new public infrastructure, and providing new construction jobs.
2. The Development Agreement and Density Transfer Agreement amendments comply with the City Development Code and other applicable ordinances and regulations, particularly the regulations of Chapter 16.128 pertaining to development agreements. The amendments will not impact the approved project nor result in a physical environmental change. The Master Development Plan for the area will remain.
3. The Development Agreement and Density Transfer Agreement amendments are consistent with the land uses, objectives, policies, and programs of the General Plan, and the original DA/DTA approval. General Plan compliance includes providing housing towards meeting the City Regional Housing Needs Allocation, providing infrastructure to greenfield areas (LU-6.1E), and providing civic amenities like open space and parks (LU-3.3E). The amended Development Agreement and Density Transfer Agreement would permit the applicant more time to establish the housing or fee payment opportunities in Stockton, consistent with General Plan goals and policies.
4. The Development Agreement and Density Transfer Agreement amendments will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare in that projects constructed pursuant to it are required to comply with all City of Stockton Printed on 7/5/2023Page 3 of 5
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health and safety regulations, zoning requirements, infrastructure provisions, and General Plan policies. Future construction to implement the project would include enhanced flood protection measures, new open space and trail connections, and new streets that would include lighting and pedestrian access throughout the project.
5. The Development Agreement and Density Transfer Agreement amendments comply with the conditions, requirements, restrictions, and terms of SMC Section 16.128.060(B) (Preparation and Content - Proposed Development Agreement).
6. While the Development Agreement and Density Transfer Agreement amendments themselves are not subject to the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines, the Project EIR anticipated potential impacts and proposed mitigation measures that have been incorporated to mitigate all identified impacts to a less-than-significant level.
The EIR is also referenced in the DA to ensure compliance by the Applicant.
On May 10, 2023, the Development Review Committee (DRC) reviewed the requested DA and DTA amendment and recommended Planning Commission approval. The DRC found that the request for the DA/DTA amendments would not adversely affect the provisions of the General Plan, applicable provisions of the Development Code, previous approvals, or the character of the site or its surroundings because the site is still designated for the same uses as previously approved. The capacities of community resources would not be changed because all required infrastructure and public facilities would be provided for the project, per the Conditions of Approval on the Tentative Map, which would be extended via the new DA and DTA. Therefore, the required findings in Section
16.128.080 of the SMC for Development Agreements can be made in the affirmative.
All the original approved entitlements will remain unchanged. Staff recommends approval of the amended Spanos West Business Park Development Agreement and Density Transfer Agreement based on the analysis and supporting findings provided above and in the proposed Resolution.
Environmental Review
The proposed request for a DA/DTA amendment is exempt from CEQA according to CEQA Guideline Section 15061(b)(3) (General Rule) of Title 14 of the California Code of Regulations. Under the general rule exemption, a project with no potential for causing a significant effect on the environment is exempt from further CEQA review. The proposed Project amends an existing DA and DTA for an approved project and will not result in a physical change to the existing project properties.
The entire Master Plan is approximately 95% constructed. Future construction of the remaining undeveloped project area would have to adhere to the certified Spanos Master Plan Environmental Impact Report (EIR) and the project’s Mitigation Monitoring and Reporting Program. Development of housing in other areas outside the Master Plan would be reviewed on a case-by-case basis.
Public Notice
Due to the number of residents in and within 300-feet of the subject site exceeding 1,000, a notice for the City Council meeting was published in the Record on June 30, 2023, consistent with SMC Section 16.88.030.B.2.b. To date, Staff has not received any comments from the public on this Project.
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Planning Commission
On May 25, 2023, the Planning Commission considered the project request and voted 5-0 (two members absent) recommending approval of the proposed amendment (Attachment D - Approved Planning Commission Resolution). One public comment letter was received, with the resident reading the letter into the record at the hearing. The commenter requested the in-lieu fee be increased to align with current development costs. No other comments were received on this item.
FINANCIAL SUMMARY
There would be no fiscal impact as a result of approving the proposed amendments. Future projects would require applicants to submit applications and pay respective fees for building permits, licenses, or entitlements. Should the Applicant decide to pay the in-lieu fee, the City would have the option of collecting the fee or allowing the fee to go to a qualified non-profit organization associated with multi- family residential uses.
Attachment A - Location and Context Map
Attachment B - Approved Master Plan
Attachment C - Approved DA/DTA Agreements
Attachment D - Approved Planning Commission Resolution
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ATTACHMENT A
447
ATTACHMENT ASpanos Park West
DA Boundary (red)
448
ATTACHMENT A
Spanos Business Park West
449
ATTACHMENT B
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450
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CITY OF STOCKTON
OFFICE OF THE CITYATTORNEY
Citv Hall• 425 N. El Dorado Street• Stockton, CA 95202-1997 • 209/937-8333 • Fax 209/937-8898 , . . . -�JW.:.w�sto-ckton gov.com . .
iJ � � � � W I� 1� ·, REPLYTO: _______ _
. . -- ..... _._,- ... -- �- - . .
DATE: April 4, 2002
,,
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APR: 141 2CG2 : !.' .. ' ;
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c:·1 .' G�: ��!".:'.'� . , · ·,r;1ru .. :::::G Di'Jl;'! f''1 • · TO: KATHERINE GONG MEISSNER, City Clerk
FROM: GUY D. PETZOLD, Deputy City Attorney
RE: DEVELOPMENT AGREEMENT BETWEEN THE CITY OF STOCKTON
AND A.G. SPANOS CONSTRUCTION, INC.--SPANOS PARK WEST
Attached is a fully executed Development Agreement dated January 29, 2002. Said Development Agreement was authorized by City Council Ordinance No. 005-02, effective February 28, 2002. Said Development Agreement was recorded as Instrument No. 2002- 041898 on March 11, 2002.
Said Development Agreement may be retained for your files.
OFFICE OF THE CITY ATTORNEY
. . · .. i.
By G.., �- P,}G,;,zj GUY D. PETZOLD 7
DEPUTY CITY ATTORNEY
GDP:plc
Attachment
cc: Community Development (Attn: Dave Stagnaro)
Public Works (Attn: Barry O'Regan)
A.G. Spanos Construction, Inc.
Attn: Jerry Sperry
1341 W. Robinhood Dr., Suite B-5
Stockton CA 95207
::ODMA\GRPWISE\COS.CA.CA_LIBRARY:17854.1
Stockton
•• ,,.AWmericaCity
'1111!
1999
ATTACHMENT C
451
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, ., ·' . '
...
This docul!lent is recorded for the
benefit of tLe City of Stockton and
is entitled to be recorded free of
charge in accordance with Sections
6103 and 27383 of the Government Code.
\.Vben recorded, mail to:
City of Stockton
4..2ij N. El Dorado
Stockton, California 95202
Attn: City Attorney
DA 1-00
•
DOC � 2002-041898
03/11/2002 02:49P Fee:88.00
County of San Joaquin
Gary LI. Freeman Aps�essor-Recorder-County Clerk
1111111 Ulil i1!11 liii1ffi 1i1ii1f H/1111111111
SP ANOS PARK WEST
DEVELOPMENT AGREEMENT
CITY: CITY OF STOCKTON, a municipal corporation of the State of California
OWNER: A.G. SPANOS CONSTRUCTION, INC.,
a California Corporation
ORIGINAL-
Devdopment Agr January 9, 7.002
102223V1
MASTER
ATTACHMENT C
452
Table of Contents
Page
1. General Provisions . ............................................................................................... .-... 3
1.1 Incorporation of Recitals ....................................................................................... 3
1.2 Covenants .. ................. , ................................................. .' ....................................... 3
2. Definitions .. ................................................ ; ............................................................. 3
2.1 Approvals ........................... : .................................................................................. 3
2.2 City Laws ..................................... �······--···--·························································· 3
2.3 Director ..................................... , .......................................................................... 3
2.4 Enacting Ordinance .. ........... �·: ............................................................................... 3
2.5 Exactions ........................................................ · ...................................................... 3
2.6 Existing City Laws ................................................................................................ 3
2.7 Law or Laws ................................ , ......................................................................... 4
2.8 Mortgage .. ............................................................................................................ 4
2.9 Mortgagee .. .......................................................................................................... 4
3. Effective Date, Term ........ : ..................................................................... -.................... 4 · 3.1 Effective Date .. ..................................................................................................... 4
3.2 Term .. .................................................................................................................. 4
4. General Development of the Business Park. ............................................................... 4
4.1 Business Park ........................................................................................................ 4
4.2 Permitted Uses ...................................................................................................... 5
4.3 Project Phasing . .................................................................................................... 5
4.4 Applicable Laws and Standards ............................................................................. 5
4.5 Development Review Process ................................................................................ 6
4.6 Processing and Approvals .. :�, ................................................................................ 7
4. 7 Other Governmental Permits . ............................................................................... 7
4.8 Additional Fees . ................................................................................................... 7
5. Specific Criteria Applicable to Development of the Business Park. ...... :· ....................... 8
5.1 Application of New City Laws . ............................................................... : ............. 8
5.2 Future Growth Control Ordinances/Policies, Etc.· ................................................. 8
5.3 Allowable Heights, Size and Bulk Within Business Park. ..................................... 11 5 .4 Business Park Use ............................................................................................... 11
5.5 Parking Ratio ...................................................................................................... 11
5.6 Easements: Improvements, Abandonments . ........................................................ 11
5.7 Subdivision ofBusiness Park. .............................................................................. 12
6. Indemnity: Insurance ............................................ : ....... · ........................................... 12
6.1 Indemnity ........................................................................................................... 12
6.2 Insurance ............................................................................................................ 12
7. Periodic Review of Compliance . .............................................................................. 12 7 .1 Annual Review ....................................... · ............................................................ 12 ····1.2 Owner's Submission ............................................................................................ 13 7 .3 Finding of Compliance ........................................................................................ 13
7.4 Finding ofNoncompliance .................................................................................. 13
8. Permitted Delays; Supersedure by Subsequent Laws ................................................. 13
8.1 Permitted Delays . ............................................................................................... 13
8.2 Supersedure by Subsequent Laws . ......... : ............................................................. 14 Development Agr January 9, 2002
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9. Events of Default, Remedies, Termination; Attorneys' Fees . ..................................... 14
9.1 Events ofDefault .. ......... · ..................................................................................... 14
9.2 Remedies .................................................... · ........................................................ 14
9.3 · Waiver, Remedies Cumulative . ........................................................................... 14
9.4 Effect of Termination .......................................................................................... 15
9.5 Limitations on Actions ..................................... : .................................. : ............... 15
9. 6 Effect of Court Action ...................... : .................................................................. 15
9.7 Estoppel Certificate ............................................................................................. 15
10. · Mortgagee Protection: Certain Rights of Cure . ......................................................... 16 10 .1 Mortgagee Protection ................................................................................ .-......... 16
10.2 Mortgagee Not Obligated ...................................... : ............................................. 16
10.3 Notice of Default to Mortgagee, Right of Mortgagee to Cure . .............................. 16
11. Assignment .. ........................................................................................................... 17
11.1 Release Upon Transfer ......................................................................................... 17
11.2 Covenants Run with the Land ............................................................................. 17
12. Amendment and Termination .................................................................................. 17
12.1 Amendment or Cancellation . .............................................................................. 17
12.2 Recordation ......................................................................................................... 17
13. Notices ..................................................................................................................... 18
13.1 Procedure . .......................................................................................................... 18
14. Miscellaneous .......................................................................................................... 18
14.1 Negation of Partnership .. ................................................................... : ................ 19
14.2 Consent(s) . ......................................................................................................... 19
14.3 Project Approvals Indepen_dent . .......................................................................... 19
14.4 Not a Public Dedication .... :· ................................................................................. 19
14.5 Severability ......................................................................................................... 19
14.6 Exhibits . ............................................................................................................. 20
14.7 Entire Agreement. ...................................... , ........................................................ 20
14.8 · Construction of Agreement . ................................................................................ 20
14.9 Further Assurances; Covenant to Sign Documents ............................................... 20
14.10 Governing Law ................................................................................................ 20
14.11 Time ...... ; .......................................................................................................... 20
14.12 Dispute Costs and Fees . ................................................................................... 21 I l llllll llllll lllll llllll II l\11111111111\\\1111111111111 Development Agr January 9, 2002
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DEVELOPMENT AGREEMENT
Tms DEVELOP:MENT AGREE:MENT (" Agreement") is made and entered into as of this 29th day of January, 2002, by and between the CITY OF STOCKTON, a municipal corporation of the State of California ("City"), and A.G. SPANOS CONSTRUCTION, !Ne., a California corporation ("Owner"), pursuant to the authority of California Government Code Sections 65864-65869.5 and Stockton Municipal Code ("Code") Chapter 16, Part IX, Sections 16-180 through 16-195, inclusive.
RECITALS:
This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties:
A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864-65869 .5 authorizing City to enter into development agreements in connection with the development of real property within its jurisdiction by qualified applicants with a requisite legal or equitable interest in the real property that is the subject of such development agreements.
B. As authorized by Government Code Section 65865(c), City has adopted Code Chapter 16, Part IX establishing the procedures and requirements for the consideration of development agreements within the City.
C. Owner is a corporation organized under the laws of the State of California and is in good standing thereunder.
D. Owner owns fee title to that certain parcel ofland commonly referred to as Spanos Park West. Owner holds certain entitlements for the development of Spanos Park West, i.e. two (2) approved tentative maps, TM 54-89 and TM 56-89. Owner has made application to City to modify Owner's existing entitlements into two separate components of Owner's Spanos Park West Project, a residential component, commonly referred to as The Villages at Spanos Park, and an M-X, mixed use, Component, commonly referred to as A.G. Spanos Business Park (the "Business Park"). The Business Park is the subject of this Agreement and is more fully described in Exhibit "A," attached hereto and incorporated herein by reference.
E. Pursuant to the California Environmental Quality Act (Public Resources Code § 21000-21177) ("CEQA"), City prepared and circulated a draft supplemental environmental impact report ("SEIB.") for the Spanos Park West Project including the Business Park component. On January 29, 2002, City certified that the SEIR was adequate; that it satisfied the requirements of CEQA, the CEQA Guidelines, and applicable City regulations; and that it fully and accurately described the Business Park component.
Notices of Determination for Spanos Park West were filed on January 30, 2002 with the San Joaquin County Clerk and on January 30, 2002, with the Office of Planning and Research of the State of California.
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F. The Business Park is located in an area having a general plan and zoning designation of "MX" (mixed use as described in Code Section 16-075). As required by Code Section 16-075.1, a master development plan was submitted to City on January 29, 2002. On January 29, 2002 the City approved A.G. Spanos Business Park Master Development Plan dated January 9, 2002 (the "Master Development Plan"). The Master Development Plan sets forth the distribution, location and extent of uses for the Business Park and identifies regulations and criteria for development of the site through subsequent implementing projects. Code Section 16-204.C. requires that a development agreement be completed to implement the Master Development Plan and that such development agreement be processed with the Master Development Plan. City has determined that this Agreement is appropriate for the development of the Business Park and that a development agreement will eliminate uncertainty in City's land use planning for and secure orderly development of the Business Park and otherwise achieve the goals and purposes for which the Chapter 16, Part IX of the Code was enacted by City. In exchange for these benefits to City and the public benefits of the Business Park, Owner desires to receive assurance that City shall grant permits and approvals required for the development of the Business Park in accordance with the Master Development Plan, subject to the terms and conditions contained in this Agreement. In order to effectuate these purposes, the parties desire to enter into this Agreement.
G. The Master Development Plan was approved based on its stated intention to provide a comprehensive description of all land uses proposed for the Business Park, while maintaining the greatest amount of flexibility possible in the planning review process. The Master Development Plan provide� for a range of land uses for each parcel within the Business Park, each of which is consistent and compatible with the overall land use concept for the Business Park and consistent with the policies, general land uses and programs of the City's general plan. The Master Development Plan and the SEIR established the criteria for consideration of, and all action upon, all future specific proposals for development ofland within the Business Park.
H. On December 20, 2001, after conducting a duly noticed public hearing pursuant to Code Section 16-188.A., the City Planning Commission recommended that the City Council approve this Agreement, based on the following findings and determinations that: i) this Agreement is consistent with the objectives, policies, general land uses and programs specified in the City of Stockton General Plan and the Master Development Plan for the Business Park; and ii) the Business Park complies with the requirements of CEQA, and state and local CEQA guidelines.
I. On January 29, 2002, the City Council held a duly noticed public hearing on this Agreement pursuant to Code Section 16-188.B. and made the same findings and determinations, which are set forth in Enacting Ordinance 007-02 approving this Agreement thereafter adopted by the City Council, a copy of which is attached hereto, marked Exhibit "B".
Now, THEREFORE, pursuant to the authority contained in Government Code Sections 65864-65869.5 and Code Chapter 16, Part IX, and in co:i:isideration of the mutual covenants and promises of the parties herein contained, the parties agree as follows:
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1. General Provisions.
Ll Incorporation of Recitals. The Recitals set forth above, the introductory paragraph preceding the Recitals, and all defined\terms set forth in both, are hereby incorporated into this Agreement as it set forth herein in full.
1.2 Covenants. The provisions of this Agreement shall constitute covenants or servitudes which shall run with the land comprising the Business Campus and the burdens and benefits thereof shall bind and inure to the bJnefit of all estates and interests in the Business Campus, or any portion thereof, and all successors in interest, transferees or assignees to the parties hereto.
2. Definitions. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such tcirm. Certain other terms shall have the meaning set forth for such term in this Agreement.
. 2.1 Approvals. Any and all permits o� approvals of any kind or character required under the Master Development Plan and applicable City Laws in order to develop the Business Park, including, but not limited to, donditional use permits, tentative and final parcel or subdivision maps, building permits, site clearance, grading plans and permits, and certificates of occupancy.
2.2 City Laws. The Stockton MuniciP,al Code, resolutions, cod�s, rules, regulations, decisions and official policies of Citylgoverning the design, improvement and construction standards and specifications applicable to the development of the Project. I Specifically, but without limiting the generality of the foregoing, City Laws shall include the General Plan.
2.3 Director. The Director shall mean, the Director of Community Development for City.
\
2.4 Enacting Ordinance. Ordinance \001-02 , enacted by the City Council on January 29 200..Z.., approving this Agreement, as described herein. 2 5 E . All . . li J . d d' . . xactions. exactions, m- eu 1ees or payments, e 1cat1on or reservation requirements, obligations for on-or off-site impro.Jements or construction requirements for public improvements or services or other conditiohs of approval called for in connection with the development of, or construction on, the Business Park under Existing City Laws, whether such exactions constitute public improvetnents, mitigation measures in connection with environmental review of any project, or impbsitions.
2.6 Existing City Laws. The Plannin� and Zoning Code (Chapter 16 of the Stockton Municipal Code), resolutions, rules, re�lations, decisions and official policies of City governing the subdivision, design and improvement standards applicable to the . development of the Business Park in effect as ofilie Effective Date (as defined in Section 3.1 I
below). I
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2. 7 Law or Laws. The laws and constitution of the State of California, the laws and Constitution of the United States and any codes, statues or executive mandates in a�y court decision, state or federal, thereunder.
2.8 Mortgage. A mortgage, deed of trust, ground lease, sale and leaseback arrangement in which the Business Park or a portion thereof or an interest therein is sold by Owner and leased back concurrently therewith (which arrangement is subject to no prior contractual encumbrances securing payment of money), or other transaction in which the Business Park, or a portion thereof or an interest therein, is pledged as security, contracted in good faith and for fair value.
2.9 Mortgagee. The holder of the beneficial interest under a Mortgage.
3. Effective Date, Term.
3.1 Effective Date. This Agreement shall be dated and the obligations of the parties hereunder shall be effective as of the effective date of the Enacting Ordinance, pursuant to Government Code Section 36937, as specified herein (the "Effective Date").
Not later than ten (10) days after the Effective Date, City and Owner shall execute and acknowledge this Agreement, and thereafter the City Clerk shall cause this Agreement to be recorded in the Official Records of the County of San Joaquin, State of California.
3.2 Term. The Term of this Agreement shall commence on the Effective Date and shall terminate twenty years from said Effective Date, unless earlier terminated under the terms of this Agreement.
4. General Development of the Business Park.
4.1 Business Park. Owner shall have the right, and the obligation, to develop the Business Park in accordance with the Master Development Plan, the terms and conditions of this Agreement, and such amendments thereto as shall from time to time be approved pursuant to this Agreement, and City shall have the right to control development of the Business Park in accordance with the provisions of the Master Development Plan, this Agreement, and such amendments thereto as shall from time to time be approved pursuant to this Agreement. Except as otherwise specified in this Agreement, the Master Development Plan and applicable Existing City Laws (including those Code Sections concerning MX zoning and Master Development Plans) shall control the overall design, development and construction of the Business Park, and all improvements and appurtenances in connection therewith, including, without limitation, the permitted uses on the Business Park, the density and intensity of use, maximum height and maximum and minimum size of buildings, the number of parking spaces and all mitigation measures required in order to minimize or eliminate adverse environmental impacts and other adverse impacts of the Business Park. In accordance with the purpose ofMX zoning as stated in Code Section 16-075, the specific land uses and specific development standards for the Business Park have been determined on a site-by-site basis by the Master Development Plan. By entering into this Agreement, Owner agrees to develop the Business Park pursuant to the following schedule: Ten years after the Effective Date, Owner shall have developed a Development Agr January 9, 2002
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- minimum of forty percent (40%) of the Business Park based on acreage available for development; Fifteen years after Effective Date, Owner shall have developed a minimum of sixty (60%) of the Business Park based on net acreage available for development.
4.2 Permitted Uses. The permitted uses of the Business Park, the density and intensity of use, the maximum height, bulk and size of proposed structures and location of public improvements, location of public utilities and other terms and conditions of development applicable to the Business Park shall be those set forth in the Master Development Plan, as may be modified from time to time as agreed to by City and Owner. Permitted uses shall be determined by the following:
(a) Commercial development may consist of the permitted uses provided for in Section 6,4 of the Master Development Plan.
(b) High Densisty Residential development may consist of the permitted uses provided for in Section 6.5 of the Master Development Plan. (c) Office development may consist of the permitted uses provided for in Section 6.6 of the Master Development Plan.
(d) Open space permitted uses may consist of those provided for in Section 6. 7 of the Master Development Plan.
(e) Neighborhood Park permitted uses may consist of the permitted uses provided for in Section 6.8 of the Milster Development Plan. (f) Utility Easement permitted uses may consist of the permitted uses provided for in Section 6.9 of the Master Development Plan. (g) Development Standards for site development, building standards, landscaping and circulation within the Business Park shall be those provided for in Section 6 .10 of the Master Development Plan.
4.3 Project Phasing. Owner presently intends to develop the Business Park in phases and the parties acknowledge that Owner cannot presently predict the timing or sequence of any such phasing. Such decisions depend upon numerous factors which are not within the control of Owner, such as market conditions and demand, interest rates, competition and other similar factors. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the parties' intent to address that issue by acknowledging and providing that Owner shall have the right to develop the Business Park in phases in such order and at such times as Owner deems appropriate within the exercise of its subjective business judgment and in accordance with Chapter 5 of the Master Development Plan and the provisions of this Agreement. All improvements required pursuant to the Master Development Plan shall be constructed by Owner congruent with the development of each phase of the Business Park, as such Development Agr January 9, 2002
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•, ' -
'- -·----·-·-··--------·----� .. . ,.,,. -- - --='='•·--"--''-�----·--�----"·' ---�----- -----.. --�·· -------· ---·- ------ ........................ _ ... .,. •• ..,,�· �- �<..�..:-:::.·,u-=.'ll.�t:.::.'..:J . ..:.,.•=�r.::,.,:::=.;:-��::u=L;.::...:.>o.:�.�-:'l::::·.�;.a:=::..:..;�._..=.:::=:..::::.-,:_;-;,:-,.U..::��• improvements relate thereto and are necessary for the development and operation of such phase of the Business Park.
4.4 Applicable Laws and Standards. Notwithstanding any change in any Existing City Laws including, but not limited to, any change by means of ordinance, resolution, initiative, referendum, policy or moratorium, and except as otherwise provided in this Agreement, the laws, regulations, standards and policies applicable to the Business Park are set forth in the Master Development Plan, the Existing City Laws (regardless of future changes in these by City) and this Agreement. The Business Park is entitled to be built and occupied and Owner has the right to complete the Business Park, in accordance with this Agreement, provided that City may apply and enforce its codes, regulations and laws applicable under this Agreement. The Master Development Plan includes Development Standards, Design Guidelines and Regulations (the "Development Regulations") which provide for the location, arrangement, development and use of the parcels �thin the Business Park. Should the Development Regulations conflict with similar regulations contained in the Existing City Laws, the Development Regulations shall take precedence. When any issue, condition or situation arises or occurs that is not covered or provided for in the Development Regulations, those provisions in the Existing City Laws which are most similar to the issue, condition or situation as determined by the Director, or his designee, shall apply, subject to this Agreement. Notwithstanding any other language or implication to the contrary in this Agreement, all construction shall comply with all provisions of, Chapter 14, Uniform Codes, of the Stockton Municipal Code, including , but not limited to, the Uniform Building Code, and the various related mechanical, electrical, plumbing, and fire codes as the same may be applicable at the time of application for the relevant permit.
4.5 Development Review Process.
(a) This Agreement shall implement the provisions of the Master Development Plan, which provides that in any future application for development or use of any portion of the Business Park, Owner shall comply with any criteria for issuance of permits for the development other than those as established in the Master Development Plan and the certified SEIR. Development within any portion of the Business Park may not occur until the Design Review Board for A. G. Spanos Business Park (the "Design Review Board"), City's Community Development Director (the "Community Development Director")and City's Public Works Director (the "Public Works Director")have made the determinations provided for in Section 8.2 of the Master Development Plan. (b) Chapter 7 of the Master Development Plan provides the design guidelines applicable to the Business Park.
(c) The development review process for all Approvals shall be as described in Section 8.2 of the Master Development Plan. This process consists, generally, of review and approval by the Design Review Board and site plan review a�d approval by the Development Agr January 9, 2002
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· Community Development Director, and infrastructure facility plan review and approval by the Public Works Director.
(d) Once approved by the Design Review Board, consistency with the ·Master Development Plan of a proposed development project shall be reviewed and approved by the City, as described in Section 8.2 of the Master Development Plan, by the Community Development Director, which shall be City's primary discretionary process for determining that the proposed development is consistent with the Master Development Plan, and, if such a finding 'is made, it shall include that the application is consistent with the City's General Plan and the application shall thereby be approved.
Agreement.
( e) Any proposed development project or use shall be consistent with this
4.6 Processing and Approvals. Upon submission by Owner of any ·and all necessary and required applications for Approvals and payment of any and all appropriate processing and other fees as provided in this Agreement, City shall promptly commence and diligently complete all steps necessary to approve or issue the requested Approvals including, but not limited to, (a) the holding of any and all required public hearings and notice for such public hearings, and (b) the granting of the requested Approval to-the extent that it complies with applicable Law and this Agreement. Such Approvals shall include, but not be limlted to:
(a)
parcel maps;
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
final.
the adoption or amendment of any tentative or final subdivision or · the issuance of Use Permits;
architectural and site plan reviews;
lot line adjustments;
.building permits;
site clearance or demolition permits;
grading plans and permits;
landscape plans;
certificates of occupancy, or their equivalent, whether temporary or
4. 7 Other Governmental Penn.its. Owner shall apply for such other permits and approvals from governmental or quasi-governmental agencies, other than City, having jurisdiction over the Business Park as may be required for the development of, or provision of services to, the Business Park, including but not limited to:
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(a) Public utility district permits or service agreements; (b) Army Corps of Engineers permits;
(c) Reclamation District 2042 permits.
4.8 Additional Fees. Except as provided in this Agreement, City may impose any further or additional fees, taxes or assessments, whether through the exercise of the police power, the taxing power, or any other means, which provide a reasonable benefit (nexus) to the development and/or maintenance of the Business Park provided that:
(a) City may charge owner public facility fees and processing fees for land use approvals, building permits, plan checks and other similar permits and entitlements which are in force and effect on a City-wide basis at the time application is submitted for those permits.
(b) If state or federal laws are adopted which require cities to impose fees on existing projects and if, consequently, City adopts enabling legislation and imposes fees on existing projects on a City-wide or area-wide basis, as defined below, these fees may be imposed on the Business Park, which fees shall be consistent with the fees imposed on other properties within the City or area similarly situated.
(c) If Owner requests the creation of a community facilities district for the purpose of financing some or all of the public capital facilities and services necessary for the development of the Business Park1 City may adopt a special tax pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (Government Code sections 53311 et seq), sufficient to pay for all of the public facilities and services requested by Owner.
5. Specific Criteria Applicable to Development of the Business Park.
5.1 Application of New City Laws. Nothing herein shall prevent City from applying to the Business Park new City Laws that are not inconsistent or in conflict with the Existing City Laws or the intent, purposes or any of the terms, standards or conditions of this Agreement, and which do not materially interfere with the development of the Business Park as contemplated herein. Any action or proceeding of City that has any of the following effects on the property within the Business Park shall be considered to be in conflict with this Agreement and the Existing City Laws:
(a) limiting or reducing the density or intensity of all or any part of the Business Park, or otherwise requiring any reduction in the square footage or total number of buildings and other improvements, including, but not limited to, the parking spaces; (b) limiting the Owner's ability to transfer permitted uses, intensity of uses or maximum height of buildings between sites within the Business Park in a manner that is inconsistent with or more restrictive than limitations included in the Master Development Plan;
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(c) limiting the timing of the development of the Business Park or the number of phases of the Business Park in a manner that is inconsistent with or more restrictive than limitations included m the Master Development Plan. (d) · limiting the location of building sites, grading or other improvements on the Business Park in a manner that is inconsistent with or more restrictive than the limitations included in the Master Development Plan;
5.2 Future Growth Control Ordinances/Policies, Etc.
(a) One of the specific purposes of this Agreement is to assure Owner that no growth-control ordinance, measure, policy, regulation or development moratorium of City adopted by the City Council or by vote of the electorate after the Effective Date of this Agreement will apply to the Project, whether enacted by urgency ordinances, interim ordinances, initiatives, referendums or any other change in the laws of the City by any method or name which would alter in any way City's General Plan, Zoning Ordinance, Subdivision Ordinance, Uniform Codes or any other ordinance, enactment, resolution, approval, policy, rule, regulation, decision, or other action of City. There are currently no adopted growth control ordinances, policies or measures which would restrict the ability of Owner to complete the Project.
Therefore, the parties hereto agree that, except as otherwise expressly provided in Section 5 .1 herein, or o_ther provision of this Agreement which unambiguously and expressly authorizes City to make such pertinent changes, no ordinance, policy, rule, regulation, decision, or any other City action, or any initiative or referendum voted on by the public, which would be applicable to the Project and would affect in any way the rate of development and construction of the Project, or limit the Project's ability to receive any other City service shall be applicable to any portion of the Project during the term of this Agreement, whether such action is by ordinance, enactment, resolution, approval, policy, rule, regulation, decision or other action of City or by public initiative or referendum. (b) City, through the exercise of either its police power or its taxing power, whether by direct City action or initiative or referendum, shall not establish, enact or impose any additional conditions, dedications, fees or other exactions, policies, standards, laws or regulations, which directly relate to the development of the Project except as provided in Section 5 .1 herein or other provision of this Agreement which unambiguously and expressly allows City to make such changes. Further, City shall not approve a Mello-Roos assessment, or other type of district to cause bonded indebtedness on any portion of the Project without Owner's prior written approval, which approval may be given or withheld in Owner's sole and absolute discretion. Nothing herein prohibits the Project from being subject to a (i) City-wide bond issue, (ii) City-wide special or general tax, or (iii) special assessment for the construction or maintenance of a City-wide facility as may be voted on by the electorate or otherwise enacted; provided that such tax, assessment or measure is City-wide in nature, does not discriminate against the land within the Project and does not distinguish between developed and undeveloped parcels.
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(c) This Agreement shall not be construed to limit the authority of City to charge processing fees for land use approvals, public facilities fees and building permits as they relate to plumbing, mechanical, electric or fire code permits, or other similar permits and entitlements which are in force and effect on a city-wide basis at the time those permits are applied for, except to the extent any such processing regulations would be inconsistent with this Agreement.
(d) Notwithstanding subdivision (b), the City may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:· (1) A failure to do so would place the residents of the Business Park or the immediate community, or both, in a condition
1 dangerous to their health or safety, or both.
(2) The condition or denial is required in order to comply with state or federal law.
5.3 Allowable Heights, Size and Bulle Within Business Park.Owner shall have the right, subject to the standards specified in this Agreement and the Master Development Plan, to alter the height, size and bulk of buildings, until such time as the maximum density of the Business Park under this Agreement has been achieved and so long as the maximum height, size and bulk for the Business Park is consistent with tlie Master Development Plan.
5.4 Business Park Use. Owner shall have the right to use any portion of the Business Park as provided for in Chapter 3 of the Master Development Plan. TABLE 3-1 is intended to describe a wide range of land use options that comply with the criteria established by this Agreement.
5.5 Parking Ratio. Owner shall have the right to satisfy the parking ratio requirements for any portion of the Business Park by granting parking easements for the benefit of such portion of the Business Park on any other adjacent portion of the Business Park for the amount of parking necessary to satisfy such parking ratio requirements as prescribed by the Master Development Plan subject to the review and approval of the Community Development Director.
5.6 Easements: Improvements, Abandonments. City shall cooperate with Owner in connection with the abandonment of existing utility or other easements and facilities and the relocation thereof, or the creation of any new easements within the Business Park necessary or appropriate for development of the Business Park. If any such easement is owned by City or any agency of City, City or such agency shall, at the request of Owner and at Owner's cost, take such action and execute such documents as may be necessary to abandon existing easements and relocate them, as necessary or appropriate in connection with the development of the Business Park.
5.7 Subdivision of Business Park. Owner shall have the right, fromtime to time or at any time, to initiate resubdivisions the Business Park, as may be necessary in order to develop a particular phase, or to sell, lease or finance a portion of the Business Park in connection with the development of any phase or portion of the Business Park. Owner shall Development Agr January 9, 2002
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initiate such subdivision through an application under the Existing City Laws. Each such application shall be processed in accordance with the Laws, the Master Development Plan and Existing City Laws. Each tentative subdivision map approved under the Master Development Plan shall have a term of nofless than the remaining term of this Agreement as of the date such map is approved by the City.
6. Indemnity: Insurance.
6 .1 Indemnity. Owner shall indemnify, defend and hold City, and its elective and appointive boards, commissions, officers, agents, and employees, harmless from any and all claims, causes of action, damages, costs or expenses (including reasonable attorneys' fees) arising out of or in connection with, or caused on account of, the development of the Business Park, any Approval with respect thereto, or claims for injury or death to persons, or damage to the Business Park, as a result of the operations of Owner or its employees, agents, contractors or representatives with respect to the development, operation and maintenance of the Business Park.
6.2 Insurance. Owner shall maintain insurance in order to assure Owner's ability to provide the indemnity described in Section 6.1. The amount and terms of such insurance shall be as follows:
(a) Commercial general liability and property damage insurance covering the risks of bodily injury and/ or death, property damage, and personal injury liability, with total limits of not less than One Million Dollars ($1,000,000.00) (b) Worker's Compensation Insurance as required by law, together with a contingent employer's liability endorsement in favor of City, covering employees of Owner, employees of any contractor, subcontractor, agent of representative of Owner.
If available, each policy of insurance carried by Owner as required by this Indemnity Section, shall provide that it may not be canceled without at least thirty (30) day prior written notice to City. Upon request of City, Owner shall furnish to City a copy of each policy of insurance, or a certificate thereof, stating that such insurance is in full force and effect and, in the case of the public liability insurance, showing City named as an additional insured. Any insurance required to be maintained by Owner may be maintained under a so called "blanket policy" insuring other parties and other locations, so long as the amount of insurance required hereunder is not thereby diminished.
7. Periodic Review of Compliance.
7 .1 Annual Review. City, through the Planning Commission, shall, at least every twelve (12) months during the term of this Agreement, review the extent of good faith substantial compliance with the terms of this Agreement and the Master Development Plan pursuant to Government Code Section 65865.1 and Code Section 16-192.
7.2 Owner's Submission. Within thirty (30) days of Owner's receipt of the written request of the Planning Commission made not more than once each year at least Development Agr January 9, 2002
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sixty (60) days prior to the anniversary date of this Agreement, Owner shall submit to the Planning Commission a letter setting forth Owner's good faith compliance with the terms and conditions of this Agreement. Such letter shall be accompanied by such documents and other information as may be reasonably necessary and available to Owner to enable the Planning Commission to undertake the review of Owner's good faith compliance with the terms of this Agreement, and shall also state that such letter is submitted to City pursuant to the requirements of Government Code Section 65865.1 and Code Section 16-192 7 .3 Finding of Compliance. The Planning Commission shall review the Owner's submission to ascertain whether it contains sufficient information to determine whether Owner has complied in good faith with the terms of this Agreement. Upon receipt of the submission, the Planning Commission shall conduct a review of the good faith compliance by Owner with the terms of.this Agreement. If the Planning Commission finds good faith compliance by Owner with the terms of this Agreement, the Director shall, upon request by Owner, provide to Owner written confirmation of such finding.
7.4 Finding ofNoncompliance. If the Planning Commission, on the basis of substantial evidence, finds that Owner has not complied in good faith with the terms of this Agreement, the Planning Commission shall specify in writing to Owner the respects in which Owner-has failed to comply and the Planning Commission may recommend that the City Council hold a public hearing and terminate or modify the Agreement. The City Council may (a) establish a reasonable time for Owner to comply with this Agreement, which time shall not be less than thirty (30) days and shall be reasonably related to the time necessary for Owner to adequately bring its performance into good faith compliance with the terms of this Agreement, or (b)"inay take action to terminate or modify this Agreement.
No action to terminate or modify the Agreement shall be taken without a public hearing before the City Council using the same process as was used for its adoption.
8. Permitted Delays; Supersedure by Subsequent Laws.
8.1 Permitted Delays. In addition to any specific provisions of this Agreement, performance by either party of its obligations hereunder shall be excused during any period of delay caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to work in process by reason of fire, floods, earthquake, or other casualties, restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting Laws (including, without limitation, new·or supplementary environmental regulations), litigation, acts or neglect of the other party, or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained.
8.2 Supersedure by Subsequent Laws. Except as provided in this Agreement with respect to City Laws, if any Law made or enacted after the date of this Agreement prev:ents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new Law. Immediately after enactment of any such new Law, the parties shall meet and confer in good faith to determine ·the feasibility of any such· Dev.elopment Agr January 9, 2002
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modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. If such modification or suspension is infeasible in Owner's reasonable business judgment, then Owner shall have the right to terminate this Agreement by written notice to City. Owner shall also have the right to challenge the new Law preventing compliance with the terms of this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect.
9. Events ofDefault, Remedies, Termination; Attorneys' Fees.
9.1 Events of Default. Subject to any extensions oftime by mutual consent in writing, and subject to the provisions of this Agreement regarding periodic reviews, or permitted delays, any failure by either party to perform any material term or provision of this Agreement shall constitute an Event of Default, (i) if such defaulting party does not cure such failure within thirty (30) days following notice of default from the other party; where such failure is of a nature that can be cured within such thirty (30) day period, or (ii) if such failure is not of a nature which can be cured within such thirty (30) day period, the defaulting party does not within such thirty (30) day period commence substantial efforts to cure such failure, or thereafter does not within a reasonable time prosecute to completion with diligence and continuity the curing of such failure.
9.2 Remedies. Upon the occurrence of an Event of Default, the non- defaulting party may: (i) bring any proceeding in the nature of declaratory relief, specific performance, injunctive relief or mandamus, and/or (ii) the non-defaulting party shall have the right to terminate this Agreement pursuantto Government Code Section 65868. The remedies provided herein are exclusive and in no event shall either party be liable to the other for monetary damages for an event of default or any other breach of this Agreement.
9.3 Waiver, Remedies Cumulative. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of an Event of Default shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omission by a party to take any action with respect to such Event of Default. No express written waiver of any Event of Default shall affect any other Event of Default, or cover any other period of time, other than any Event of Default and/or period of time specified in such express waiver.
The exclusive remedies provided in this Agreement shall be cumulative and not alternative, and invocation of any permitted remedy shall not constitute a waiver or election with respect to any other permitted remedy.
9.4 Effect of Termination. If this Agreement is terminated on account of an Event of Default, such termination shall not affect any right or duty emanating from any Exactions already satisfied, City entitlements or Approvals with respect to the Business Park that have been approved concurrently or subsequently to the approval of this Agreement, but the rights, duties and obligations of the parties hereunder shall othervvise cease as of the date of such termination.
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9.5 Limitations on Actions. City and Owner hereby renounce the existence of any third party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any person or entity third party beneficiary status. If any action or proceeding is instituted by any third party challenging the validity of any provision of this Agreement, or any action or decision taken or made hereunder, the parties shall cooperate in defending such action or proceeding. Owner shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable court costs and attorneys' fees expended by City in any such action or other proceeding and for any attorneys' fees and costs awarded to a party to be paid by City . .,.- 9.6 Effect of Court Action. If any court action or proceeding is brought by any third party to challenge any Approval, this Agreement, or any other permit or approval required from City or any other governmental entity for development or construction of the Business Park, or any portion thereof, and without regard to whether or not Owner is a party to or real party in interest in such action or proceeding, then Owner shall have the right, but not the obligation, (i) to defend, at Owner's expense, such action or proceeding on behalf of City and City shall fully cooperate with Owner in such defense; or (ii) to terminate this Agreement upon thirty (30) days notice in writing to City, given at any time during the pendency of such action or proceeding, or within ninety (90) days after the final determination therein (including any appeals), irrespective of the nature of such final determination. Any such action or proceeding shall constitute a permitted delay under the provisions of this Agreement.
9. 7 Estoppel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. The Director shall have the right to execute on behalf of City any certificate requested by Owner hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees acting in good faith.
10. Mortgagee Protection: Certain Rights of Cure.
10.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Business Park, or any portion thereof, including the lien of any Mortgage. Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against any person (including any Mortgagee) who acquires title to the Business Park, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.
10.2 Mortgagee Not Obligated. Notwithstanding the provisions of this Agreement, no Mortgagee shall have any obligation or duty under this Agreement to Development Agr January 9, 2002
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construct or complete the construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Business Park to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement, the Master Development Plan or otherwise under City Laws.
10.3 Notice of Default to Mortgagee, Right of Mortgagee to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given Owner hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Owner, any notice of an Event of Default or determination of noncompliance given to Owner. Each Mortgagee shall have the right (but not the obligation) for a period of ninety (90) days after the receipt of such notice from City to cure or remedy, or to commence to cure or remedy, the Event of Default claimed or the areas of noncompliance set forth in City's notice. If the Event of Default or such noncompliance is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continuity through a receiver or otherwise, and shall thereafter remedy or cure the Event of Default or noncompliance within ninety (90) days after obtaining possession. If any such Event of Default or noncompliance cannot, with diligence, be remedied or cured.within such ninety (90) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such Event of Default or noncompliance if such Mortgagee commences cure during such ninety (90) day periods, and thereafter diligently pursues completion of such cure to the extent possible.
11. Assignment. Owner's rights hereunder may be sold or assigned in conjunction with the transfer, sale or assignment of all or any portion of the Business Park at any time during the term of this Agreement upon the following terms and conditions:
11.1 Release Upon Transfer. Upon the sale, transfer or assignment of Owner's rights and interests under this Section of this Agreement, Owner shall be released from its obligations pursuant to this Agreement with respect to the Business Park or portion thereof so transferred provided such obligations are expressly assumed by the Transferee prior to the transfer and evidence is provided to the Director showing Transferee can perform Owner's obligations.
11.2 Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall constitute covenants that shall run with the land comprising the Business Park, and the burdens and benefits shall be binding upon and inure to the benefit of each of the parties and their respective heirs, successors (by merger, consolidation, or otherwise), assignees, devisees, administrators, representatives, purchasers and lessees.
12. Amendment and Termination.
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12.1 Amendment or Cancellation. Except as provided for herein with respect to City's annual review, this Agreement may be canceled, modified or amended only by mutual consent of the parties in writing, and then only in the manner provided for in government Code Section 65868 and Code Section16-193. Pursuant to Code Section 16- 193.C., any amendment to this Agreement which does not relate to the Term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication ofland, shall not require a noticed public hearing before the parties may make such amendment. Any fees paid or land dedicated pursuant to this Agreement prior to the date of cancellation shall be retained by City.
12.2 Recordation. Any amendment, termination or cancellation of this Agreement shall be recorded by the City Clerk not later than ten (10) days after the effective date of the action effecting such amendment, termination or cancellation with any costs of recordation to be paid by Owner. Failure to record shall not affect the validity of any amendment, termination or cancellation.
13. Notices.
13.1 Procedure. Any notice to either party shall be in writing and given by delivering the same to such party in person or by sending the same by facsimile transmission or registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the party's mailing address. The respective mailing addresses and facsimile numbers of the parties are, until changed as hereinafter provided, the following:
CITY:
with a copy to:
OWNER:
with a copy to:
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CITY OF STOCKTON
425 North El Dorado
Stockton, California 95202
Attention: City Manager
Facsimile No.: (209) 937-7149
City Attorney, City of Stockton
425 North El Dorado
Stockton, California 95202
Facsimile No.: (209) 937-8898
A.G. SPANOS CONSTRUCTION, INC.
1341 West Robinhood Drive Suite B-5
Stockton, California 95207
Attention: Jerry Murphy
Facsimile No.: (209) 955-2562
John Briscoe
Washburn, Briscoe & McCarthy
55 Francisco Street, Suite 600
San Francisco, California 94133
Facsimile No.: (415) 421-5044
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Either party may change its mailing address and/ or facsimile number at any time by giving . written notice of such change to the other party in the manner provided herein at least ten (10) days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed upon the expiration of five (5) days after the date of mailing, or, if sent by facsimile transmission, on the date of receipt as shown on written transmission verification.
14. Miscellaneous.
14.1 Negation of Partnership. The parties specifically acknowledge that the Business Park is a private de_velopment, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the business of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise.
14.2 Consent(s). Unless otherwise herein provided, whenever consenter satisfaction (collectively referred to in this Section 14.2 as a "consent") is required of a party pursuant to this Agreement, such consent shall not be umeasonably withheld. Consent shall be deemed given if the party from whom the consent is sought neither approves or disapproves of the request within thirty (30) days, or such other applicable time period specified in this Agreement, after receipt of the written request for consent. If a party shall disapprove, the reasons therefore shall be stated in reasonable detail in writing. Consent by a party to or of any act or request by the other party shall not be deemed to waive or render unnecessary consent to or of any similar or subsequent acts or requests.
14.3 Project Approvals Independent. All Approvals which may be granted pursuant to this Agreement, and all Approvals or other land use approvals which have been or may be issued or granted by City with respect to the Business Park, constitute independent actions and approvals by City. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if City terminates this Agreement for any reason, such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any Approvals or other land use approvals._ In such cases, such Approvals will remain in effect pursuant to their own terms, provisions and conditions.
14.4 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the Business Park, or portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever. Owner shall have the right to prevent or prohibit the use of the Business Park, or any portion thereof, including common areas and buildings and improvements located thereon, by any person for any purpose inimical to the operation of a private, integrated development project as contemplated by Development Agr January 9, 2002
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this Agreement except for those areas designated in the Master Development Plan or implementing project approvals as public easements.
14.5 Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance and the same shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
14.6 Exhibits. The Exhibits listed in the Table of Contents and referred to herein are deemed incorporated into this Agreement in their entirety.
14. 7 Entire Agreement. This written Agreement and the Exhibits contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits.
14.8 Construction of Agreement. The provisions of this Agreement and the Exhibits shall be construed as a whole according to their common meaning and not strictly for or against any party in order to achieve the objectives and purpose of the parties. The captions preceding the text of each Section, Subsection and the Table of Contents are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Agreement. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. All references to "person" shall include, without limitation, any and all corporations, partnerships or other legal entities. This Agreement has been reviewed and revised by legal counsel for both Owner and City, and any presumption or rule that ambiguities shall be construed against the drafting party shall not apply to the interpretation or enforcement of this Agreement.
14. 9 Further Assurances; Covenant to Sign Documents. Each party covenants, on behalf of itself and its successors, heirs and assigns, to take all actions and do all things, and to execute, with acknowledgment or affidavit if required, any and all documents and writings that may be necessary or proper to achieve the purposes and objectives of this Agreement.
14.10 Governing Law. This Agreement, and the rights and obligations of the parties, shall be governed by and interpreted in accordance with the laws of the State of California.
14.11 Time. Time is of the essence of this Agreement and of each and every term and condition hereof.
14.12 Dispute Costs and Fees. In any legal action or proceeding brought to enforce or interpret any provision of this Agreement, or otherwise arising from or related to DevelopmentAgr January 9, 2002
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this Agreement, the prevailing party shall be entitled to an award of its attorneys', investigators', expert witness' and consultants' fees and costs incurred in relation to that action or proceeding, in addition to any other relief awarded.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
Attest:
A roved as to Form:
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CITY:
CITY OF STOCKTON, a municipal
co oration of the State of California
OWNER:
By/I)��.�
Its U,u q�
By ______________ _
Its. ____________ _
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EXHIBIT "A"
Legal Description of Business Park
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EXHIBIT "A"
Legal Description of Business P�k
. �--: -�
.. ··----·-·-··---------
All that certain real property situate, lying and being in Section l, Township 2 North, Range 5 East and Section 6, Township 2 North, Range 6 East, Mount Diablo Base and Meridian, being a portion' of the 321.034 and 330.704 Acre parcels of land shown on the Map of survey filed in Book 28 of su�veys at page 134A, San Joaquin County Record�, and being more par�icularly described as follows:
commencing at the southeast corner of said 321,034 acre parcel of land; thence o� the following three (3) courses:
l) �orth 87 ° 46'42" West 561.39 feet to the southeast corner of said Section 1;
2) North B7 ° 46' ◄ 2" West 1983.90 .feet;
3) North 00 ° l 6'58'' East 943. 34 feet to the TRUE POINT OF BEGINNING; thence from said POINT OF BEGINNING the following thirty five (35) courses:
1) North 00 ° 16'58µ East 847.47 feet;
2) North 71 ° 31'52µ West 85.10 feet;
3) So�th 23 ° 28'08" West� 175.oo feet;
4) South 29 ° 28'08" West 150,00 feet;
5) Sobth 38 ° 28'08� West l�0.00 feet;
6) South 50 9 28'08" West 150,00 feet;
7) South 6B 0 28'08ll West 131,17 feet;
8) North 24 ° 55'31" East 50.25 feet;
9) North 44 ° 47'10ll West 28.1 6 feet;
10) Northwe�terly along the arc of a non-tangent curve concave to the southwest,· having a radius of 70.00 feet, whose radius point bears South 77.
0 15' 23" West, through a central a ngle .of
40 ° 4,'24", an arc distance of 49.83 feet;
i1) on a tangent line, North 53 ° 32'00" West 38.16 feet ta the beginning of a tangent curve, concave to the northeast, having a radius of 90.00 feet and a central angle of 08 ° 44'51"; 12) Northwesterly ( along the a�c of said curve, 13.74 feet; 13) Nert� 44 ° 47 1 10" We�t 67.07 feet;
14) North 02 ° 26'55" West 26�94 feet to a point on a non-tangent ·--··---·-·---·--·curve ... _eohcave to the northwest, having a radius of 1036.00 · · feet, whose radius point bears North 50 ° 06'39"' West; 15) Northeasterly, along the· arc of said curve, through a central angle of 17 °06' 00_" an arc di�.:t-anc.e of 309.20 feet; 16} on a non-tangent line, N or_th 123 ° 13'36" Eas_t 104.03 .feet to I \ \II\\\ 11\1\1 \\\IHII\I\ \I \\\1\\1 \l\11\ \\\ 11\111111 \Ill rt.-1
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the beginning of a non-tangent cµrve concave to the northwest, having a :radius of .1042. 00 feet,' whose radius point bears North 72 ° 56' 26'' West;
17) Northeasterly, along the aic of said curve, through a central angle of 16 ° 46'Q9P , an arc distqnce of 304.97 feet;
18) o� a tangent line, North 00 ° 17'25n East 2094.q2 feet to the beginning of a curve concave to the southeast, having a radius of 958.00 feet and a central angle of 10 ° 42'42";
19) Northeasterly, along the arc of said curve, 179.10 feet; 20} On a non-tangent line, North 59 ° 51' 59" East 30 ._13 feet; 21) North 18 ° 43'50" East 72.00 feet to a point on a non-tangent curve, concave �o the southwest, having a radius of 786.00 feet, whose radius point bears South l8 ° 43'50n West;
22) Northwesterly, along the arc of said curve, throu·gh a central angle of 01 ° 45'2_6", an arc distance of 24.11 feet;
23} North 71 ° 06'14" East 60.15 feet; •
24) North 00 ° 2i'15" East 648.86 !eet;
25) North 89 ° 23' 43" E ast 1482. 4'1 feet;
26) South 1B 0 36'32n East 859.38 feet;
27} South 16 ° 22'33" Ea�t 292.09 feet;
28) South 14 ° 30'339 East 656.30 feet;
29) South 13 ° 21'48" East 2540.46 feet;
30) Sputh.12 ° 38'50" East 400.05 feet;
31) South l3 ° 21'48" East·� 209.44 feet;
32) North 89 ° 51'03" West 670.59 feet to a point on a non-tangent curve concave to the southwest, whose radius point bears South 87 ° 50'34" West, ha�ing a �adius of 1173.00 feet; 33) Northwesterly, along th� arc of said.curve, through a central angle of 30 ° 23'59", an arc distance of 622.36 feet;
34) thence, on a non-tangent line, North 84 ° 01'53" West 995.00 feet;
35) South 79 ° 28'07'' West 693.47 feet to the point of beginning.
Containing 211.71 Acres, more or less.
�.
The pasis of bearings for- this description is the Californ'ia - Coordin�te System.-B�, ·Zone 3, using the bearing of North. 11 °10' 39'' West between City of Stockton Monuments "4N-l 7" and "HARTE", as calculated from the data shown on City of Stockton Traverse Control· �o�ument Survey, -filed for record. in Book 33 of Surveys, ---a-i:E Page 20, San Joaquin.County Records. All distances are ground level distances.
A-2··
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EXHIBIT "B"
City· Council Findings and Determinations
A. The provisions of the Developme'nt Agreement are consistent with the General and specific plans for this area; and
B. The proposed development complies with the requirements of the California Environmental Quality Act (CEQA) and the City of Stockton-Guidelines for the Implementation of CEQA.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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my hand and official seal.
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Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: __________________________ _ Document Date: _________________ Number of Pages: ______ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer
Signer's Name: ________________________ _ RIGHT THUMBPRINT OF SIGNER □ Individual Top of thumb here
□ Corporate Officer - Title(s):
□ Partner - □ Limited □ General
□ Attorney in Fact
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□ Other: ___________________________
Signer Is Representing: ______________________ ._ ______, ' - .. . - . - .. .. . - . - .. . ---· -- ---
C 1999 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313--2402 • www.nationalnotary.org Prod. NO. 5907 Reorder: Call Toll-Free HI00-876-6827 I I IIIIII IIIIII IIIII IIIIII {I IIIIIII IIIIII Ill lllllll II IIII 2flfl2-fl41898
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State of
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on February 5, 2002 before me, TAMMY L. HUNT, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER- E.G. "JANE DOE, NOTARY PUBLIC" personally appeared MARK LEWIS, ESQ.
NAME(S) OF SIGNER{S)
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CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
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□ INDIVIDUAL
t8J CORPORATE 0FFICER(S)
CITY MANAGER
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□ PAR TNER(S)
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LIMITED
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□ ATTORN EY-1 N- FACT
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□ GUARDIAN/CONSERVATOR
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
CITY OF STOCKTON
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
TITLE OR TYPE OF oocuMENrSPANOS PARK WEST DENSITY
TRANSFER DEVELOPMENT AGREEMENT
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form.
NUMBER OF PAGES 26 DATE OF DOCUMENTJanuary 29, 2002
SIGNER(S) OTHER THAN NAMED ABOVE As attached ---------------- \ I IIIIII IIIIII IIIII IIIIII II IIIIIII IIIIII Ill lllllll II IIII 2002-041898
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ORDINANCE NO.
AN ORDINANCE APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT AND DENSITY TRANSFER AGREEMENT BETWEEN A.G. SPANOS CONSTRUCTION INC. AND THE CITY OF STOCKTON FOR THE A.G. SPANOS BUSINESS PARK
MASTER DEVELOPMENT PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS
Pursuant to Stockton Municipal Code section 16.128.080, the City Council of the City of Stockton hereby finds:
A. The Development Agreement and Density Transfer Agreement amendment is in the City’s best interests, as it would directly promote housing and economic opportunities associated with new housing units.
The amendment would obligate have the applicant to develop 6 27 new high-density residential units or pay a fee of two thousand dollars ($2,000.00) per unit to the City or a non -profit organization for an estimated total of $1,254,000. This will benefit the community by increasing the variety and affordability of housing units, constructing new public infrastructure, and providing new construction jobs.
B. The Development Agreement and Density Transfer Agreement amendments comply with the City Development Code and other applicable ordinances and regulations, particularly the regulations of Chapter 16.128 pertaining to development agreements. The amendments will not impact the approved project nor result in a physical environmental change. The Master Development Plan for the area will remain.
C. The Development Agreement and Density Transfer Agreement amendments are consistent with the land uses , objectives, policies, and programs of the General Plan, and original DA/DTA approval. General Plan compliance includes providing housing towards meeting the City Regional Housing Needs Allocation, providing infrastructure to greenfield areas (LU-6.1E), and providing civic amenities like open space and parks (LU-3.3E). The amended Development Agreement and Density Transfer Agreement would permit the applicant more time to establish the housing or fee payment opportunities in Stockton, consistent with the General Plan goals and policies.
D. The Development Agreement and Density Transfer Agreement amendments will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare in that projects constructed pursuant to it are required to comply 524
with all health and safety regulations, z oning requirements, infrastructure provisions, and General Plan policies. Future construction to implement the project would include enhanced flood protection measures, new open space and trail connections, and new streets that would include lighting and pedestrian access throughout the project.
E. The Development Agreement and Density Transfer Agreement amendments comply with the conditions, requirements, restrictions, and terms of Stockton Municipal Code section 16.128.060(B) (Preparation and Content - Proposed Development Agreement).
F. While the Development Agreement and Density Transfer Agreement amendments themselves are exempt from the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines per s ection 15061(b)(3) (General Rule), the Project EIR anticipated potential impacts and proposed mitigation measures that have been incorporated to mitigate all identified impacts to a less -than-significant level. The EIR is also referenced in the DA to ensure compliance by the Applicant.
SECTION II. DEVELOPMENT AGREEMENT
Pursuant to Stockton Municipal Code section 16.128.070, the Stockton City Council has conducted a public hearing and hereby approves the amendment s to the Development Agreement and Density Transfer Agreement for the Spanos Park West Master Development Plan Project, attached as Exhibit 1, to be executed, based on the above findings.
SECTION III. 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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SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED:
EFFECTIVE:
ATTEST:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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EXHIBIT 1
1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN
TO:
City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Attention: City Clerk
Record for the Benefit of
The City of Stockton
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only
SECOND AMENDMENT
TO
SPANOS PARK WEST
DEVELOPMENT AGREEMENT AND
DENSITY TRANSFER AGREEMENT
(DA3-01)
By and Between
City of Stockton,
A California municipal corporation
And
A. G. Spanos Construction, Inc.,
a California corporation
527
EXHIBIT 1
2 SECOND AMENDMENT TO SPANOS PARK WEST DEVELOPMENT AGREEMENT AND DENSITY TRANSFER AGREEMENT (DA3-01)
THIS SECOND AMENDMENT TO SPANOS PARK WEST DEVELOPMENT
AGREEMENT AND DENSITY TRANSFER AGREEMENT (DA3 -01) (“ Second Amendment”) is made and entered into as of this 10th day of August, 2023 by and between the CITY OF STOCKTON, a California municipal corporation (“ City”) and A. G. SPANOS CONSTRUCTION, INC., a California corporation (“Owner”). City and Owner may be referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
The Spanos Park West Development Agreement and Density Transfer Development Agreement (DA3-01), dated January 29, 2002 , and effective as of February 28, 2002 , was authorized by City of Stockton Ordinance No. 007-02 and recorded on March 11, 2002 , as Document No. 2002-041899 (“DA3-01”), as amended by that certain First Amendment to Spanos Park West Density Transfer Development Agreement (DA3 -01) dated December 9 , 2008 and recorded on January 16, 2009 as Documents No. 2009-007751 (“First Amendment”). The DA3- 01 and the First Amendment are collectively referred to herein as the “DDA”; and
DA3-01 was entered into and adopted for the purpose, among other things, of reserving land for high-density residential development consistent with the minimum acreage requirements contained in the City’s then current General Plan Housing Element; and
The Firs t Amendment amended, among other things, the High-Density Residential construction obligations under Section 4.2 of DA3-01 to be performed on or before December 9, 2018; and
As the obligations of the Density Transfer Agreement had not been met by 2018 wi th the original DA set to expire in 2022, the Owner has requested a 10 year extension to the DDA to allow them more time to meet the original obligations to either provide High -Density Residential housing units or pay a fee for the unconstructed units; and
The Parties desire to further amend the DDA to provide an extension to Owner to fulfill its High Density Residential obligations required under Section 4.2 of the DDA.
NOW THEREFORE, the Parties hereto agree as follows:
1. Notwithstanding, the Parties hereby reinstate the DDA, ratify the same construction obligations, and agree that the DDA remains in full force and effect as modified by this Second Amendment.
2. The Term of the DDA shall be extended by ten (10) years to expire on February 28, 2032.
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EXHIBIT 1
3 3. Owner shall have until February 28, 2032, to fulfill its High-Density Residential construction obligations required under Section 4.2 of the DDA.
4. All other provisions of the DDA not otherwise modified herein shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date first set forth above.
CITY OF STOCKTON,
a California municipal corporation
By: __________________________________ Date: _____________ Harry Black
City Manager
Attest: _______________________________ Date: _____________ City Clerk
Approved as to Form:
By: __________________________________ Date: _____________ City Attorney
A. G. SPANOS CONSTRUCTION, INC.,
a California corporation
By: __________________________________ Date: _____________ Steven L. Cohen
Executive Vice President
529
EXHIBIT 1
4 State of California
County of
On __________________________, before me, , Notary Public, 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 i nstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
530
EXHIBIT 1
5 State of California
County of
On __________________________, before me, , Notary Public, 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 California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
531
STOCKTON CITY COUNCIL
A.G. Spanos Business Park
Development Agreement and
Density Transfer Agreement Amendment
Stockton City Council
Agenda Item 16.1
July 11, 2023
532
Location
Project site is located at the
southwest intersection of
Interstate 5 (I-5) and 8 Mile
Road, north of the Mosher
Slough.
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Background and Request
• In 2002, the “Spanos West” Project was approved
including Development Agreement and Density
Transfer Agreement (DA/DTA).
– Approval allowed the applicant to build the
required higher-density housing (935 units) on
other Spanos Project sites.
• A 2008 agreement amendment allowed the payment
of fees for higher-density housing not built.
• Approximately 95% of the Project is developed, but
635 multi-family units have not been built, nor have
in-lieu fees been paid.
• The Applicant is requesting amendment to extend
DA/DTA to allow more time to comply with the original
housing requirement.
534
Project Context
Westlake
Project
A.G. Spanos
Business Park
Crystal Bay Project
Sanctuary Project
Delta Cove
Project
Spanos West
Residential
535
2023 Built Out Status
536
Amendment Summary
• Allows a 10-year extension of Development
Agreement/Density Transfer Agreement (DA/DTA)
from the original 2022 expiration date (to 2032).
• Does not change any of the obligations/conditions
of approval
– Future housing construction in the DA/DTA
boundary must comply with Master Development
Plan, Municipal Code, and current fee schedule.
– Housing built elsewhere must be reviewed and
approved before receiving credit for the DTA.
– Any fee payment must be reviewed and approved
before receiving credit for the DTA.
• On May 25, 2023, Planning Commission unanimously
recommended approval.
537
Recommendations
Staff recommends the City Council:
Find no further environmental review is
needed for the amendments; and
Adopt an Ordinance to approve
amendment of the Development
Agreement and Density Transfer
Agreement for the approved Project.
538
City of Stockton
Legislation Text
File #: 23-0603, Version: 1
PUBLIC HEARING TO APPROVE A RESOLUTION OVERRULING PROTESTS, ADOPTING THE
DELINQUENT UTILITY SERVICE ASSESSMENT REPORT, AND DIRECTING THE
ASSESSMENTS BE PLACED ON THE SAN JOAQUIN COUNTY TREASURER-TAX COLLECTOR’S TAX ROLL
RECOMMENDATION
Conduct a public hearing to consider all objections or protests to the proposed Delinquent Utility Service Charges, 2023 Assessment Report (“2023 Assessment Report”) for delinquent water, sewer, solid waste collection, and stormwater service charges (“utility service charges”) incurred by property owners.
After the public hearing, if a majority protest does not exist, it is recommended that the City Council approve a resolution to:
1. Overrule all public protests;
2. Confirm the unpaid utility service charges set forth in the 2023 Assessment Report;
3. Adopt the 2023 Assessment Report;
4. Direct the assessments to be placed on the San Joaquin County Treasurer-Tax Collector’s Tax Roll; and
5. Authorize the City Manager to take any necessary and appropriate actions to carry out the purpose and intent of the resolution.
Summary
The Administrative Services Department bills for and collects utility service charges.
To address the significant amount of uncollected delinquent utility service charges, the City Council directed staff to form a task force to study the issue and develop solutions. The task force recommended that the City proceed with recording liens and assessing charges incurred by property owners. Consequently, the City Council approved Resolution 2018-03-20-1403, which brought the City’s preexisting utility rates under the authority of the California Health and Safety Code (“HSC”).
When property owners do not pay delinquent charges for 60 or more days, the HSC allows the City to place a lien for services provided to the property and collect delinquent charges through an assessment against the property.
On May 10, 2023, staff sent certified and standard letters to 1,389 parcels advising them of the City’s intent to assess delinquent charges. The notices also informed the property owners of their right to City of Stockton Printed on 7/5/2023Page 1 of 4
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appeal at an administrative hearing for the proposed assessment. The City held administrative hearings on June 6 and June 7, 2023. The Administrative Hearing Officer confirmed the accuracy of the assessments in the 2023 Assessment Report presented for City Council adoption. If the Council adopts the report, the assessments will appear on the affected property owners’ property tax bill that will be issued and collected by the San Joaquin County Treasurer-Tax Collector.
DISCUSSION
Background
The Stockton Municipal Code requires all properties in the City to “subscribe to and pay for” solid waste, sewer, and stormwater services, as well as water within the City’s water service areas.
On January 9, 2018, a Council study session was held to discuss the significant increase in delinquent utility accounts, and as a result, Council directed staff to form a task force to study the issue. The task force recommended the City pursue delinquencies incurred by property owners by applying liens and assessments.
On March 20, 2018, Council adopted Resolution 2018-03-20-1403, reaffirming and reenacting the City’s previously approved utility rates and service charges to bring the rates under the authority of the HSC. Pursuant to HSC Section 5470 et. seq., the City may elect to have delinquent water, sewer, stormwater, and solid waste collection service charges, with penalties, collected on the San Joaquin County Tax Roll.
In accordance with Resolution 2018-03-20-1403 and the direction of City Council, Administrative Services began the process to place property owner utility delinquencies on the tax roll. Staff continued to work through various solutions related to tenant delinquencies and convened another task force. The task force recommended the adoption of an owner-only billing ordinance on February 5, 2019. The council adopted Ordinance 2019-02-05-1403, which required utility service accounts to be held in the name of the property owner for California Water Service Company (“Cal Water”) customers only. On November 19, 2019, Council adopted Ordinance 2019-11-5-1403-2 to require all utility accounts to be held in the name of the property owner, whether the property was in the Cal Water or the City’s own water service areas. The transition to owner-only billing for properties in the Cal Water service area was completed by December 31, 2020, and the City Water transition to owner -only billing was completed by March 2022.
Liens and assessments are two separate collection methods recommended by the task force and approved by the Council. To qualify for either collection method, delinquencies must be greater than 60 days, and the bill must be in the property owner’s name. Before a lien is recorded, the City notifies customers by certified and standard mail of the delinquent balance and a due date to avoid the lien. The notices also inform the property owners of their right to appeal or to pay the delinquent charges by the date provided. If the delinquent balance remains unpaid, the City records a lien against the parcel with San Joaquin County. The customer can pay their delinquent balance at any time, and once satisfied, the lien may be removed. However, if a customer chooses not to pay their delinquent balance to the City, the lien remains on the parcel, which protects the City’s interest in the event the property sells. When the customer refinances or sells the property, the lien is listed on the title report stating there are funds due to the City, and the City receives payment from the refinance or sale proceeds.
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Customers with a delinquent balance are also subject to collection through the assessment process.
Assessment allows for the collection of the delinquent balance, fees, and charges through the property tax roll. The amount is included in the annual parcel property tax bill. While not a statutory requirement, these customers have already gone through the City’s lien process, continue to have a delinquent balance, and are now subject to the assessment process. Prior to assessment, the City notifies customers of the delinquent amount, due date, and appeal process.
Staff evaluated properties with outstanding utility liens for potential assessment on the property tax roll. Accounts with delinquent balances of 60 days or more were included in the proposed 2023 Assessment Report. Property owners were notified of the outstanding charges, proposed assessment amount, due date, and appeal process. A total of 1,389 parcels received notices that were sent by certified and standard mailing on May 10, 2023, for a total of $2,824,726.36 delinquent utility service charges. The City must submit a final 2023 Assessment Report to the San Joaquin County Tax Collector by August 10 of each year.
Present Situation
To be sent to assessment, properties must have a delinquent balance for 60 days or more. Only utility service accounts billed in the owner’s name are eligible for lien and assessment. Of the 1,389 parcels that received notices mailed on May 10, 2023, twelve property owners attended the administrative hearings held on June 6 and June 7, 2023. The hearings provided those property owners an opportunity to appear before an Administrative Hearing Officer to contest the placement of their charges on the property tax roll.
The Administrative Hearing Officer issued 12 Administrative Orders for 12 appellants (Attachment A) confirming that the placement of charges for 12 appellants are appropriate and should be assessed on the 2023 tax roll. 8 of the 12 appellants paid the past due charges in full and have been taken off the assessment list. The remaining 4 appellants remain on the 2023 assessment list.
Property owners that received a Notice of Assessment had until June 12, 2023, to pay their balance and avoid assessment of delinquent charges. As of June 15, 2023, there are 1,201 delinquent parcels remaining, totaling $2,381,082.75 in outstanding utility services charges, interest, penalties, and fees that will be referred to the County for assessment if approved by Council. Staff updated the proposed 2023 Assessment Report, Exhibit 1 to the Resolution, to reflect the Administrative Orders and payments received.
The HSC requires the City to hold a public hearing on the report of delinquent utility service charges subject to assessment and consider any objection or protests. At the conclusion of the hearing, if a majority protest does not exist, staff recommends that Council pass a resolution to adopt the 2023 Assessment Report and confirm the assessments, with or without modification.
If approved, the Administrative Services Department will submit the 2023 Assessment Report to the County no later than August 10, 2023. The City will record the assessed amounts against the property owners’ utility accounts and will not accept additional payments on the assessed amounts.
The City will receive payment for the assessed amounts from the County through the Teeter Plan.
Under the Teeter Plan, the County remits the assessment amounts to the City in full, even if the property taxes are not paid or paid late. In exchange for the advance, any penalties or interest due City of Stockton Printed on 7/5/2023Page 3 of 4
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on the delinquent property taxes will be paid to and retained by the County. The City will receive the funds in two payments from the County in January and April 2023.
Public Notice
In accordance with the HSC, “A Notice of Intent to Hold a Public Hearing” was published once a week for two successive weeks before City Council action.
FINANCIAL SUMMARY
As of June 15, 2023, $2,381,082.75 in delinquent utility service charges and interest billed to property owners will be referred to the County for assessment. This amount is included and anticipated in the FY 2023-24 revenue budgets for the three Municipal Utility Department Enterprise Funds - Water Utility (600), Wastewater Utility (610), and Stormwater Utility (620). Assessment revenue for garbage services will be deposited into the waste management accounts, Account No. 0000-000-210090-780- 000-00-00-000-000- for distribution to the appropriate solid waste service provider.
Final assessment amounts may vary due to customer payments received prior to transmission to the County.
Attachment A - 2023 Assessment Report Order
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OVERRULING PROTESTS, CONFIRMING THE DELINQUENT UTILITY
BILLING CHARGES, ADOPTING THE DELINQUENT UTILITY SERVICES CHARGES, 2021 ASSESSMENT REPORT, AND DIRECTING THE ASSESSMENTS BE PLACED
ON THE SAN JOAQUIN COUNTY TAX ROLL
On March 20, 2018, the City Council adopted Resolution 2018-03-20-1403, which reaffirmed and reenacted the City of Stockton’s previously adopted water, sewer, s olid waste collection, and stormwater service rates and charges, to avail itself of the authority under the California Health and Safety Code to collect such rates and charges on the tax roll; and
Pursuant to California Health and Safety Code section 547 0 et seq., the City has the authority to elect to have its water, sewer, solid waste collection, and storm water service charges, and any such delinquent charges and applicable penalties, collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, its taxes; and
Hearings were held before an Administrative Hearing Officer June 6 and June 7, 202 3, wherein all objections to the proposed property tax assessments for delinquent utility charges were heard; and
The Administrative Services Department updated the proposed Delinquent Utility Service Charges, 20 23 Assessment Report to reflect the order from the Administrative Hearing Officer; and
Notice of th e Public Hearing held on July 11, 2023, was duly and regularly published in The Record in the time, form, and manner required by law, as evidenced by the declaration on file with the City Clerk; and
A public hearing was held on July 11, 202 3, by the City Council to hear and consider all objections and protests to the Delinquent Utility Service Charges, 20 23 Assessment Report; and
The City Council finds that it is in the best interests of the City to collect delinquent water, sewer, solid waste collection, and stormwater service charges on the tax roll, which charges shall constitute a lien against the parcel or parcels of land described in the report in accordance with California Health and Safety Code sections 547 0 et seq. ; now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council hereby finds and determines that protests have not been made by the owners of a majority of the separate parcels or property described in the report. All protests , including all written protests not withdrawn in writing before the conclusion of the public hearing, to the proposed levy of assessments and objections to the charges listed in the Delinquent Utility Service Charges, 20 23 Assessment Report, attached hereto as Exhibit 1 and by reference made a part hereof, are hereby overruled.
2. The charges set forth in the Delinquent Utility Service Charges, 20 23 Assessment Report for the unpaid utility service charges incurred by property owners to the real properties described in the report are hereby confirmed.
3. The Delinquent Utility Service Charges, 2023 Assessment Report is hereby adopted, which a copy of said report is attached as Exhibit 1 and incorporated by this reference.
4. The City Clerk is hereby authorized and directed to forward a certified copy of this Resolution to the Chief Financial Officer of the City of Stockton, who is hereby authorized to and shall cause the amount of the assessments to be added to Fiscal Year 2022-23 regular bill of taxes levied against said properties for municipal purposes, which said amounts shall be collected at the time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedures under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. On or before the 10th day of August 2023, the City Clerk is hereby authorized and directed to file a copy of the report, in either written or electronic form, with the C ounty of San Joaquin Auditor-Controller (or such other County officers as may request same), or such other date as may be permitted by the County of San Joaquin Auditor-Controller or such other County officers.
5. The City Council hereby requests the Cou nty of San Joaquin Auditor- Controller (and such oth er County officers as required) to collect the delinquent water, sewer, solid waste collection, and storm water service charges on the 2023-2024 tax bills for the taxable parcels in the City of Stockton identified in the report. Such delinquent charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the City of Stockton, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties to be levied on and collected from the owners of said parcel.
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6. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED July 11, 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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2023 Assessment List EXHIBIT 1
Account Number Cust ID Loc ID Customer Name Location Parcel Location Address Balance for
Assessment
726237-5508 726237 5508 209 PROP GROUP LLC 071-310-33 3364 SCHOONER DR 2,634.33$ 436933-13836 436933 13836 7277 PACIFIC AVENUE LLC 077-470-08 7277 PACIFIC AV 1 10,909.05$ 724693-55130 724693 55130 A & L LLC 108-050-14 1705 BLACKOAK DR 1,882.53$ 391127-280264 391127 280264 ABDULLAH, SHARON 066-310-01 5289 VESTA CI 2,011.20$ 418043-253902 418043 253902 ABRIOL, ANTHONY 070-310-58 10534 SILENT GROVE CT 1,937.30$ 276097-37418 276097 37418 ABUNDIS, JOSE 090-130-32 2836 SAFFRON WY 1,825.91$ 743893-110340 743893 110340 ACEVEDO, JOSEPH A 151-294-06 609 S SIERRA NEVADA ST 3,010.28$ 743893-112620 743893 112620 ACEVEDO, JOSEPH A 155-040-06 317 DELLA ST 1,759.28$ 700931-51422 700931 51422 ACEVEDO, MIGUEL 102-190-39 12 W CANTERBURY DR 1,576.66$ 514737-132772 514737 132772 ACEVEDO, SYLVIA 171-220-11 2520 S LAUREL ST 1,343.51$ 713361-237894 713361 237894 ACOSTA, RICARDO OROZCO 166-160-50 2302 WILLIAM MOSS BL 2,426.63$ 639929-246068 639929 246068 ACOSTA, SANDRA M 179-390-18 3248 TOGNINALI LN 1,167.14$ 632337-131030 632337 131030 ACOSTA, STEVEN J 169-203-11 2042 SUPERIOR ST 1,429.94$ 410259-35670 410259 35670 ADAMS, CHARLENE A 088-370-04 8719 DEER CREEK CI 1,577.23$ 3269-29594 3269 29594 ADAMS, JEFFREY D 082-090-02 8560 YARMOUTH DR 1,550.89$ 698663-127232 698663 127232 ADAMS, VALENTINA 165-360-22 2223 S EL DORADO ST 1,259.26$ 403657-288700 403657 288700 ADKINS, CHERYL/MICHAEL 084-170-34 10485 ALBERT DR 1,678.80$ 437253-30036 437253 30036 AGUILAR, EDUARDO 082-140-14 2547 MARSEILLE WY 1,285.09$ 558307-87742 558307 87742 AGUILAR, MELISSA R 133-044-05 2854 RAYMOND AV 1,603.49$ 427867-24722 427867 24722 AGUILERA, PATRICIA/SALVADOR 081-081-04 129 GOYA DR 1,869.47$ 211457-255482 211457 255482 AGUIRRE, JOEY 164-340-29 3904 STETSON CT 1,532.82$ 724533-219870 724533 219870 AGUIRRE, MARIA DENIZ 168-070-21 4001 MCDOUGALD BL 1,779.11$ 689141-139206 689141 139206 AGUSTIN, CHRISTINA 071-400-19 9757 TWIN CREEKS AV 1,198.72$ 428459-10818 428459 10818 AHMED, YASMINE 072-330-62 8615 GRAYWOOD CT 1,865.31$ 414387-266684 414387 266684 AJMAL, ABID 124-350-55 3067 CORTONA LN 2,077.03$ 659959-53008 659959 53008 AKINS, GLENDA 104-140-01 723 CAMBRIDGE DR 1,087.87$ 703507-95560 703507 95560 AKSAR, ALI 137-201-07 300 W PARK ST 4,902.87$ 659797-108106 659797 108106 ALANIS, SANDRA B 151-032-26 1160 N PILGRIM ST 1,336.78$ 731681-43708 731681 43708 ALANIZ, MANUEL 096-130-31 5781 CARIBBEAN CI 1,713.94$ 704227-113070 704227 113070 ALCARAZ, PATRICIA 155-130-21 1848 E ANDERSON ST 1,556.98$ 707649-288112 707649 288112 ALDAVA, ALICIA E 163-800-04 1538 LA VITA DR 1,154.43$ 709501-53926 709501 53926 ALEJANDRE, MANUEL & ELVIA 104-300-48 4465 LA CRESTA WY 4 1,238.57$ 718557-130476 718557 130476 ALEMAYEHU, KEDEST 169-153-25 1553 E NINTH ST 1,810.77$ 555405-113624 555405 113624 ALEXANDER, SEDONIA LUCINDA 155-260-23 2040 E CHURCH ST 1,395.05$ 473791-262584 473791 262584 ALEXANDER, VICTOR 128-040-08 6030 RAYANNA DR 1,257.90$ 353935-260394 353935 260394 ALEXANDER-THOMAS, VALERY 166-450-27 2611 WOODSHIRE CT 1,626.76$ 738623-21504 738623 21504 ALI, AZHAR 080-030-04 9247 DARBY CT 3,352.02$ 442221-256726 442221 256726 ALI, RIASAT 166-380-51 2426 GALLEY WY 1,631.78$ 727271-291562 727271 291562 ALI, SHARFAAZ 168-280-27 4768 DELANEY WY 3,215.07$ 462853-67098 462853 67098 ALLEN, DARLENE J 112-290-02 5181 GADWALL CI 1,966.61$ 718163-106196 718163 106196 ALMAZAN, GWEN 147-330-29 1120 S GRANT ST 1,427.61$ 726297-274906 726297 274906 ALNAGGAR, BASAM F 122-080-44 10010 ORNELLA LN 2,242.08$ 708289-125990 708289 125990 AL-SUMERI, FAHMI 165-170-09 467 W SEVENTH ST 2,176.14$ 732153-7844 732153 7844 ALVARADO, NORMA 072-170-23 9854 OVERLAND PL 2,332.87$ 556655-287428 556655 287428 ALVAREZ, CHERYL 163-800-25 1533 WALBURY ST 1,670.65$ 435255-277854 435255 277854 ALVAREZ, FELIX 128-290-32 5113 STRAWBERRY WY 2,096.68$ 707949-137016 707949 137016 AMERICAN RIVER CAPITAL LLC 177-161-05 1493 MICHAEL AV 1,381.87$ 531531-137150 531531 137150 AMOS, JOHN W 177-165-12 3219 PHELPS ST 1,595.43$ 377263-18654 377263 18654 AMOS, TIFFANY/SCOTT 079-181-28 8513 DON RAMON DR 2,014.63$ 707729-74018 707729 74018 ANANTHOUCHOUN, PHOUVAE 115-251-25 503 E BARRYMORE ST 1,594.01$ 657233-18648 657233 18648 ANCALADE, JENNIFER 079-181-23 213 SAN FERNANDO AV 1,009.57$ 526861-123864 526861 123864 ANDERSON, CARL 163-410-19 1413 LAGUNA CI 1,735.46$ 685251-261186 685251 261186 ANDERSON, DENIKA S TILLMAN 124-150-22 9872 PALAZZO DR 2,205.42$ 479753-245056 479753 245056 ANDERSON, NAKESHIA 168-060-11 4110 STAR WY 2,117.87$ 479815-5724 479815 5724 ANDERSON, THOMAS 071-372-14 9353 WHITE WATER LN 1,885.60$ 510491-3224 510491 3224 ANDRADE, MARIEVEC 163-504-34 1742 SWENSON CT 1,335.04$ 344775-12444 344775 12444 ANGELINE, JULIE ANN 077-140-06 2629 HAZELWOOD AV 914.19$ 509147-91606 509147 91606 ANGULO, D'ANN 135-244-07 629 N ARGONAUT ST 1,047.45$ 567441-89348 567441 89348 APOLINAR, RUBEN JR 133-411-02 1886 MONTE DIABLO AV 1,625.18$ 300421-243974 300421 243974 ARCEO, MICHAEL/JOYCE 068-310-15 4047 OAK SHORES DR 2,108.55$ 660427-51286 660427 51286 ARCEO, RAFAEL 102-182-31 33 NOTTINGHAM DR 1,454.03$ 458951-237740 458951 237740 ARENZANA JR, JESUS 096-300-03 4898 KIMBALL HILL CI 1,987.28$ 716893-294844 716893 294844 AREVALO, MARIA P 119-130-02 1844 E CHEROKEE RD 1,149.68$ 443411-236576 443411 236576 ARGOMIDO, ALVIN/MINIE C 166-170-48 2150 ENGLAND CT 2,646.12$ 740605-29674 740605 29674 ARIAS, RICHARD 082-090-42 8513 YARMOUTH DR 1,383.56$ 733649-54796 733649 54796 ARIAS, ROBERT J 104-390-05 1147 DUVALL CT 1,331.02$