Cities Index.
Agenda packet

City Council and Concurrent Authorities
August 22, 2023

Document
Agenda packet
Meeting
August 22, 2023
Body
City Council and Concurrent Authorities
Pages
74
Original file
211.9 MB
Text extracted from the city's file for reading and search. Open the original on www.stocktongov.com. That file is the official record.

2.5.2 Geology
Stockton is located at the northern end of the San Joaquin Valley, bordered by the Coast Ranges on the west and the foothills of the Sierra Nevada to the east. The San Joaquin Valley basin has been filled over time with up to a 6-mile-thick sequence of interbedded clay, silt, sand, and gravel deposits. The sediments range in age from more than 144 million years old (Jurassic Period) to less than 10,000 years (Holocene). The most recent sediments consist of coarse-grained (sand and ATTACHMENT B 2017
gravel) deposits along river courses and fine-grained (clay and silt) deposits located in low-lying areas or flood basins and are referred to as alluvial deposits. These deposits are loose and not well consolidated.

2.5.2.1 Soils
As shown in Table A, the soils of the Park are predominantly clays and loams primarily characterized by stratified primarily fluventic sediments, ranging from coarse- to fine-textured, derived from alluvial and eolian sediments from mixed rock sources. These are moderately deep, somewhat poorly drained soils. Native soils were primarily organic soils with historically emergent wetland vegetation. Creation of levees, drainage, and the removal of annual flooding have reduced seasonal nutrient provision to soils, drying of soils, and largescale loss of organic contents.

The original ecological site of the native flood plain is R016XA001CA. Drainage ranges from very poorly to somewhat poorly drained. Salinity is limited and should not have any influence on the vegetation response or dynamics of the site. The California Department of Conservation publishes maps of “Important Farmland” as part of the Farmland Mapping and Monitoring Program (FMMP, California Department of Conservation, 2021). According to the 2012 Important Farmland Map of San Joaquin County, the project site and the water side of the levee is classified as Nonagricultural and Natural Vegetation. The land side of the levee is classified as Urban and Built-Up Land.

Table A: Soils of the Van Buskirk Park, San Joaquin County, California Map Unit Symbol Map Unit Name Acres Percent
169 Guard clay loam, drained, 0 to 2 percent slopes .7 .46 181 Jacktone-Urban land complex, 0 to 2 percent slopes 9.5 6.28 227 Rioblancho-Urban land complex, drained, 0 to 2 percent slopes 141.0 93.25 Totals 151.2 100.00
Source: Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. Available online at the following link: http://websoilsurvey.sc.egov.usda.gov/ (accessed July/13/2021).

2.5.2.2 Paleontological Resources
The project site itself does not contain any known paleontological resources or unique geological features. However, remains of extinct animals, such as mammoth, can be found virtually anywhere in San Joaquin County, especially along watercourses such as the San Joaquin River and its tributaries. The vast majority of paleontological specimens from the County have been found in rock formations in the foothills of the Diablo Mountain Range (San Joaquin County 2016). Geological materials underlying the project area include the recent (Quaternary) sedimentary deposits of the Modesto Formation (Wagner et al. 1991). Numerous vertebrate fossil sites have been associated with the Modesto Formation in the Central Valley, including land mammals, birds, reptiles, and amphibians.

2.5.2.3 Seismic Activity
Active faults affecting San Joaquin County include the San Andreas, Hayward, Calaveras, midland, Green Valley-Concord, and Tracy-Stockton Faults. These faults are capable of producing earthquakes ATTACHMENT B 2018
of a maximum probable magnitude between 6.3 and 8.25 on the Richter scale. Several potentially active faults that may affect the Park include the San Joaquin Fault Zone, Midway-Black Butte Fault, the Tesla Fault, and Tracy-Stockton Fault. Liquefaction can result in water-saturated sandy soil materials during strong ground shaking in an earthquake. The shaking causes the pore-water pressure in the soil to increase, thus transforming the soil from a stable solid to a more liquid form.

The depth to groundwater can control the potential for liquefaction. The shallower the groundwater, the higher the potential for liquefaction. Due to its high-water table and location within the former flood plain of the French Camp Slough and the San Joaquin River, the potential for liquefaction during a major earthquake is high at the Park site.

ATTACHMENT B 2019
Figure 4: Conceptual Master Plan
Legend
Basketball Courts
Parking
Splash Pad/Water Play
Multi Purpose Lawn/Fields
Disc Golf
Golf Academy
Existing Levee
Existing Community Park
Event Lawn/Group Gathering Existing Community Center
Adventure Playground/Playground
Pickle Ball Courts
Dog Park
Community Building/Restrooms
River Access
Linear Park
Trails/Exercise Course
Neighborhood Park
Houston Ave
Houston Ave
Colorado Ave
Fresno Ave
Diamond Oaks
Tilden Park St
Van Buskirk St
Dry Creek Way
Verstl Way
Potential flood control and
wetland mitigation area
Lever Blvd
W 8th Street
San Joaquin
Elementary
School
Marshall
Elementary
School
Weston Ranch
San Joaquin River
French Camp Slough
Walker Slough
Manthey Rd
Georgia Ave
Skate Park
Bike Trails
BMX Track
Community Garden
1 1
2 2
3 3
4 4
5 5
6 6
6 6
6 7
7 8
8 99
10 10
20 21
21 22
22 20
11 11
12 12
13 13
14 14
15 15
16 16
17 17
17 17
18 19
0 300 600 1200
1” = 600’
19 20
ATTACHMENT B 2020

2.5.3 Topography and Hydrology
The site is located within an alluvial flood plain with minimal topographical relief. Ground elevations range from 4 to 6 feet at the level of French Camp Slough and the San Joaquin River to approximately 16.7 to 22.3 feet at the levee crown. The majority of the site is located at an elevation that ranges from 4 to 8 feet, primarily due to relief associated with artificial mounds within the former golf greens and depressions associated with water features. The site is within the 11,312-acre Burns Cutoff-San Joaquin River watershed (HUC 180400030501) and adjacent to the lower reach of the 20,687-acre Walker Slough-French Camp Slough watershed (HUC1804005103). The existing ponds at the site are possibly remnants of oxbows or former channels of French Camp Slough. Walker and French Camp Sloughs and the San Joaquin River are jurisdictional Waters of the U.S. subject to Section 404 of the Clean Water Act (CWA) as well as jurisdictional Waters of the State of California subject to the Porter-Cologne Act. The limit of federal jurisdiction is high tide, which is a few feet above mean sea level. These waterways also fall under the jurisdiction of the California Department of Fish and Wildlife (CDFW), the State Regional Water Quality Control Boards (RWQCB), and the Central Valley Flood Protection Board. The property relies on a potable water connection with the Housing Authority, and riparian irrigation water rights guided by State RWQCB requirements.

There are five ponds within the former golf course, of which some or all may be historical oxbows associated with French Camp Slough. Four of these ponds are on the western stratum of the Park (Figure 2, Table B). Pond 5 is isolated from Ponds 1 through 4. During the operation of the golf course, river water was pumped into Pond 5 from a different diversion than for Ponds 1 through 4.

Ponds 1 through 4 are currently connected via pipes and culverts, many of which are in poor condition.

The current inundation of the Park’s ponds is mainly seasonal after winter rains and therefore does not support permanent aquatic communities.4 The current hydrology of the ponds is characterized by their shallow configuration and the absence of pumped water, causing them to be dry for most of the year. Ponds have likely experienced high sedimentation from being filled with river water. Pond bottoms consist of fine silts and clays, and during dry periods excessive cracking of the pond bottoms has been noted. The bottom of all ponds has a substantial layer of river sediment, estimated to be 2 feet or more. The sediment is very fine, causing pond bottoms to crack in deep fissures as the soil dries out. LSA measured some of these fissures to exceed 26 inches and standing water could be observed at the bottom of the cracks during early spring.

Sediment accumulations in the ponds are up to 4 feet deep. These bottom sediments originate from suspended particles in pumped slough water. Suspended solids consist of an inorganic fraction (e.g., silts, clays) and an organic fraction (e.g., algae, zooplankton, bacteria, and detritus) that are transported by water as it runs off the land. Most suspended solids come from accelerated erosion from agricultural lands adjacent to French Camp Slough and the San Joaquin River. The inorganic portion of suspended materials is usually considerably higher than the organic, but both contribute to turbidity. French Camp Slough, a 7-mile waterway in an agricultural watershed has relatively high sediment toxicity caused by pyrethroid pesticides, primarily Bifenthrin discharges originating from farmland.
4 Ponds currently support seasonal aquatic vegetation types.

ATTACHMENT B 2021
In addition, runoff from the golf course greens may have contributed additional urban toxic contaminants (e.g., herbicides, fertilizers, algaecides) that were applied during the operation of the golf course. These toxicants are hydrophobic, non-soluble, have a strong affinity for organic matter, and bind, adsorb or otherwise become attached to sediment particles. In addition, both sediments and toxicants are relatively inert, persistent and have low rates of biodegradation. Thus, sediment removal is the preferred method to detoxify the ponds. The effectiveness and longevity of the sediment removal depends on retarding eutrophication and reducing the impacts of toxic sediments. Sediment removal is usually undertaken to enhance wildlife habitat, to remove nutrient rich sediment and to remove toxic or hazardous material. Sedimentary phosphorus generally creates a nuisance by periodic infusion of nutrients and stimulating over-abundant growth of unwanted phytoplankton causing reduced water transparency and depletion of dissolved oxygen. Toxic materials in sediment must be removed without reintroducing toxicants into the water column and without causing secondary pollution problems at the disposal sites.

2.5.4 Vegetation

2.5.4.1 Natural Vegetation
The primary native vegetation community along all major streams in the Sacramento-San Joaquin Delta is Great Valley Riparian Forest. This forest type will grow on any portion of a streambed and its banks if the soil or other substrate is exposed long enough during the growing season. The fertile loam soils of the Sacramento River riparian land coupled with favorable ground water conditions and a long growing season provide near optimum conditions for the establishment of the extensive riparian forests. These extensive riparian woodlands occurred on the natural levees formed by the Sacramento, Lower Feather, American, and other streams. These levees rose from 5 to 20 feet above the streambed and ranged in width from 1 to 10 miles. It is likely that these conditions prevailed along the San Joaquin River near the current location of the Park.

Riparian woodlands in California probably exceeded 775,000 acres between 1848 and 1850 (Smith 1977). Early explorers describe these as lush forests of oak, sycamore, ash, willow, walnut, alder, poplar, and wild grape, forming almost impenetrable walls of vegetation on both sides of all the major valley rivers and their tributaries. Riparian forests were relatively free from fire, due to their moist growing conditions and green foliage throughout the year. They varied greatly in the spacing of the trees from irregular open to crowded stands. Giant sycamore of up to 100 feet tall and oaks with a circumference of 27 feet were common. By 1952, only about 20,000 acres of riparian forests remained. Today's riparian forest continue to shrink due to lowered water tables across the valley and reduced the extent of wetland and riparian systems.

California's riparian environments provide diverse habitat and account for a disproportionate share of the State's biodiversity (Holstein 1984). The importance of these environments has long been acknowledged in both the scientific literature (e.g., Warner and Hendrix 1984) and in State law (California Riparian Habitat Conservation Act 1991).

2.5.4.2 Current Vegetation Communities
Vegetation communities were delineated using the classification of the existing CDFW vegetation map (Delta Vegetation and Land Use Update 2016), but only vegetation types on the landside of the ATTACHMENT B 2022
levee were examined and classified in detail. Based on that classification, the site only had four broad upland vegetation communities, and two aquatic communities:

1. California Annual Grassland. California annual grassland series (Sawyer et al. 2009) best describes the vegetation along the landside levee slope. Patchy stands dominated by upland annual introduced grasses including oats (Avena spp.), ripgut brome (Bromus diandrus), perennial ryegrass (Lolium perenne), and foxtail barley (Hordeum murinum). Other grassland species such as black mustard (Brassica nigra), common mallow (Malva neglecta), and filaree (Erodium botrys) are intermixed with the grasses. This vegetation community also occurs where the irrigation of the former golf course did not support perennial species.

2. Urban Grassland. Most of the grassland vegetation at the former golf course is dominated by turf grasses, which are perennial or rhizomatous species (e.g., Bermuda grass, Cynodon dactylon; Kentucky bluegrass, Poa pratensis, Perennial Ryegrass,). With the abandonment of the irrigation system, the turf has undergone a transition to a more drought-resistant non-native grassland. Mowing still occurs, but fertilization and herbicide applications have stopped. The cessation of herbicide applications has resulted in a non-native grassland with intermixed invasive, non-native weeds and bare ground.

3. Urban Forest. An urban forest is a collection of trees that have been planted within a built-up area. The mature trees at the Park are distinct features of the site. The most common tree species are non-native trees, primarily river red gum (Eucalyptus camaldulensis), cork oak (Quercus suber) and Canary Pine (Pinus canariensis). Urban forests moderate local climate, slowing wind and stormwater, and filter air and sunlight. They are critical in cooling urban heat islands and potentially reducing the number of unhealthful ozone days that plague major cities in peak summer months. Urban forests are composed of a mix of native and exotic tree species and often have a tree diversity that is higher than surrounding native landscapes.

4. Riparian Forest- Fremont Cottonwood Series. A few native riparian trees occur along the waterside levee slope, including Fremont cottonwood (Populus fremontii), valley oak, box elder (Acer negundo), and willows (Salix spp.). There are some widely spaced patches of Himalayan blackberry (Rubus discolor) and wild rose (Rosa californica) along the waterside of the levee.

Blue elderberry shrubs (Sambucus mexicana) occur both on the water side of the levee and the former golf course.

5. Aquatic Vegetation Alliance (Lemna minor - Wolffia borealis - Wolffia Columbiana [Common Duckweed - Northern Watermeal - Columbian Watermeal]). This alliance of aquatic floating vegetation is dominated by duckweed species floating at the surface of quiet streams and ponds. Biomass can be abundant under eutrophic conditions. Total cover may be continuous, intermittent or open. These small floating plants may float on the water's surface or become stranded and possibly rooted during drawdown periods. Emergent plants may be present, including Cattails (typha spp.), Bulrushes (Schoenoplectus spp.), and other wetland plants (Potamogeton, Sagittaria, or Polygonum). The extent of this community depends on the amount and persistence of standing water.

ATTACHMENT B 2023

6. Open Water. These areas consist of standing water, either permanently or seasonally inundated. Open water habitats generally have little vegetation due to the depth of the inundation. The site has five former irrigation ponds that comprise approximately 11.25 acres, but very little open surface water area remains. Ponds are shallow due to sedimentation associated with the former pumping of river water as a source of irrigation. LSA did not conduct a jurisdictional wetland delineation as part of this project.

2.5.4.3 Fire Regime
There are no studies on pre-settlement fire regimes of the Central Valley's riparian systems as tree ring data are not reliable for riparian hardwoods. Sediment cores cannot be used for fire histories on floodplains because floodplain sediment is not stable. This is especially true for the Park site where the floodplain has been dredged, drained, and altered with levees.

The Central Valley was a large population center for California Indigenous People in pre-settlement times, and they lived and used fire in riparian areas of the Central Valley. Indigenous People of the Central Valley also used fire to control insects, benefit game animals, clear vegetation, and reduce fire hazard in riparian areas. Deliberate burning of riparian plant species at regular intervals produced stems suitable for making baskets and other implements (e.g., willows, red-osier dogwood, and blue elderberry stems) or to stimulate fruit production (e.g., blue elderberry, California blackberry, California wild grape, and California wild rose fruits).

Historically, most ignitions in the riparian zone were anthropogenic as lightning strikes are rare in the Central Valley. Most fires were probably set in summer and fall. However, Wills (2006) suggested that wildfires were historically uncommon in riparian communities of the Central Valley; most often, these communities functioned as fuel breaks. Great Valley Riparian Forests burn less frequently than surrounding uplands because of their greater fuel moisture (Bendix and Commons 2017). In the Central Valley, fire frequency in riparian systems is less than 0.1 percent per year.

2.5.5 Wetlands
All ponds at the Park are isolated from the floodplain of French Camp Slough by a levee and are considered managed water features that are jurisdictional wetlands that are Waters of the U.S. and the State of California. The total area of these ponds is approximately 11.25 acres (Table B).

Table B: Ponds at Van Buskirk Park, Stockton, California Pond ID Stratum Size (ac) Depth Location (Lat / Long)
1 W 2.83 <3 feet 37.925387° / -121.322000°
2 W 2.54 <3 feet 37.922865° / -121.319915°
3 W 1.82 < 3feet 37.921404° / -121.318229°
4 W 1.54 <3 feet 37.920411° / -121.315940°
5 E 2.62 <3 feet 37.919700° / -121.305171°
Source: LSA (2021).

ATTACHMENT B 2024
The ponds of the Park are generally shallow (Table B). Golf course ponds are created for aesthetic and irrigation purposes. During the operation of the golf course, these ponds were used as water storage for irrigation water and were refilled with riparian water pumped directly from French Camp Slough and the San Joaquin River. Even with proper maintenance, ponds will eventually accumulate bottom sediments. The pumps and water lines are still existent but are in poor repair. Since the closure of the golf course, no water has been pumped into the ponds.

The Park’s ponds contain a remnant wetland vegetation community that is currently undergoing a rapid transition into ruderal characteristics due to the lack of inundation. Wetland plants in the ponds, such as willows, cattails and other species are declining and disappearing rapidly, and are being invaded by herbaceous weeds and young saplings of willows and eucalyptus tree species. If left unmanaged, the ponds are likely to become dense stands of young trees of undesirable species.

The fire risk associated with such dense stands of young highly flammable trees is high. The current condition of the wetlands, and future conditions if left unmanaged, is undesirable due to the high fire risk, excessive weed infestations, undesirable aesthetics (e.g., trash accumulation) and potential risk to the public.

2.5.6 Wildlife
LSA’s bird survey on 04/20/2021 resulted in the observation of American Pipit (Anthus rubescens), American Robin (Turdus migratorius), Anna's Hummingbird (Calypte anna), Barn Swallow (Hirundo rustica), Belted Kingfisher (Megaceryle alcyon), Black Phoebe (Sayornis nigricans), Brewer's Blackbird (Euphagus cyanocephalus), California Scrub-Jay (Aphelocoma californica), California Towhee (Melozone crissalis), Canada Goose (Branta canadensis), Cliff Swallow (Petrochelidon pyrrhonota), Cooper's Hawk (Accipiter cooperii), Double-crested Cormorant (Nannopterum auritum), Eurasian Collared-Dove (Streptopelia decaocto), European Starling (Sturnus vulgaris), Goldencrowned Sparrow (Zonotrichia atricapilla), Great Blue Heron (Ardea herodias), Great Egret (Ardea alba), House Sparrow (Passer domesticus), House Wren (Troglodytes aedon), Lesser Goldfinch (Carduelis psaltria), Northern Flicker (Colaptes auratus), Northern Mockingbird (Mimus polyglottos), Nuttalls Woodpecker (Picoides nuttallii), Red-breasted Nuthatch (Sitta canadensis), Red-tailed Hawk (Buteo jamaicensis), Red-winged Blackbird (Agelaius phoeniceus), Rock pigeon (Columba livia), Rubycrowned Kinglet (Corthylio calendula), Snowy Egret (Egretta thula), Song Sparrow (Melospiza melodia), Swainson's Hawk (Buteo swainsonii), Tree Swallow (Achycineta bicolor), Western Bluebird (Sialia mexicana), Western Kingbird (Tyrannus verticalis), White-crowned Sparrow (Zonotrichia leucophrys), and Yellow-rumped Warbler (Dendroica coronata).

Mammalian wildlife present at the Park includes California pocket gophers (Thomomys bottae), California voles (Microtus californicus) and California ground squirrels. These rodents are abundant and provide a large percentage of prey for higher trophic species, primarily raptors and owls.

California ground squirrels are considered keystone species and are the primary natural source of burrows for burrowing owls. Ground squirrel burrows are also important for providing subterranean habitat for amphibians and many species of invertebrates, including native bumblebees. Expanding ground squirrel distribution in the Park provides additional opportunities to support burrowing owl populations. The site is also frequented by common mammals, such as striped skunk (Mephitis mephitis), raccoon (Procyon locator), grey fox (Urocyon cinereoargenteus), American mink (Neovison ATTACHMENT B 2025
vison) and river otter (Lontra canadensis); the latter species predominantly using habitats on the waterside of the levees.

Bats occur in a variety of habitats and can utilize large trees, cavities, tunnels, buildings, or other human-made structures for roosting. Open grasslands, ponds and open water habitats provide excellent foraging habitat. Bats are nocturnal feeders on insects in flight. Prey includes moths, flies, beetles, and other insects. Most bats require a nearby water source. In the Central Valley, the species of bats that will most likely occupy the Park are the big brown bat (Eptesicus fuscus), the little brown bat (Myotis lucifugus), the Mexican free-tailed bat (Tadarida brasiliensis), the pallid bat, and the Yuma myotis (Myotis yumanensis). Bat maternity roosts are considered native wildlife nursery sites and are protected under CEQA.

The Park’s wetlands contain non-native red-eared sliders (Trachemys scripta). Since the ponds have fallen dry, these non-native turtles have moved to the banks of French Camp Slough. The red eared slider is a popular pet turtle and is introduced primarily through pet releases and escapes. Redeared sliders compete with indigenous species for food and basking sites (Salzberg 2000). They are a considered a significant threat to the western pond turtle due to disease transmission, aggressive displacement from basking site, and competition for food. The red eared slider is an invasive species in California and considered as one of the “World's Worst Invasive Alien Species” by the World Conservation Union's (IUCN) Invasive Species Specialist Group. LSA biologists also observed pacific tree frogs (Pseudacris regilla) at the Park. This species, also known as the Pacific chorus frog, occupies many types of habitats, reproducing in aquatic settings. American Bullfrog (Lithobates catesbeianus) has also been observed on the Park site. This non-native, invasive species compete with native species for space and food. They are voracious predators of turtle hatchlings and other amphibians.

The Park currently has an abundance of flowering non-native eucalyptus trees, although other flowering forbs and shrubs are rare. LSA biologists observed numerous bees and butterflies (mainly Western Swallowtail, Papilio rutulus). With restoration and habitat enhancement, the site could provide an ideal habitat area to contribute to monarch butterfly (Danaus plexippus) and pollinator conservation. Pollinator and monarch populations have declined significantly over the past 20 years due to habitat loss, pesticides, and intensifying climate events. The eastern stratum of the Park provides the greatest opportunity to establish pollinator habitat through the planting of pollinator and butterfly gardens, hedgerows, and other native areas.

Four species of native bumble bees, Franklin’s bumble bee (Bombus franklini), Crotch’s bumble bee (Bombus crotchii), Suckley cuckoo bumble bee (Bombus suckleyi) and the Western bumble bee (Bombus occidentalis) were listed by the California Fish and Game Commission (Commission) in 2019 under CESA. Recent data indicates that any of the considered bumble bee species are absent from large parts of the San Joaquin Valley due to extensive agricultural pesticide use and urbanization. There are no current CNDDB records (from 1999 through 2023) for these species within the vicinity of the Park (California Natural Diversity Database 2023). However, bumble bees could potentially occur or be re-established upon habitat restoration and enhancement.

ATTACHMENT B 2026

2.6 PLAN DEVELOPMENT

2.6.1 Interested Parties
Over the course of two years, the public engagement process included five public meetings, two online surveys, several meetings with stakeholders and interested public agencies. Meetings with fourteen stakeholder groups that represented diverse interests provided the design team with specific needs and uses to consider in the programming and site design for the park. One virtual public meeting and four in person public meetings were held with 126 attendees. The public was engaged at various stages of the project from initial programming discussions to park design discussions. Joint meetings were held with the US Army Corp of Engineers (USACE) for the community to learn about the potential use of much of the western portion of the property for future flood control, wetland and habitat mitigation. Throughout the project the design team and city staff have worked with the USACE and San Joaquin Area Flood Control Agency (SJAFCA) working on a potential partnership and future use of Van Buskirk Park. Currently city staff is working with USACE to determine what flood mitigation measures and restoration may be at Van Buskirk and the final design of these measures. The analyses contained in Part 2 of this report are intended to support and inform these deliberations.

2.6.2 Conceptual Plan
Based on the community input, discussions with USACE, SJAFCA and City staff, the Conceptual Master Plan for the Van Buskirk Park (Figure 4) includes the following components:
• Existing (29 acres): Parking Areas, Community Park, Community Center and Levee with walking trail. Activities related to the Plan consist primarily of upgrading, repair and maintenance of existing structures.
• New Development (85 acres): Expanded Parking, Basketball Courts, Skate Park, Splash Pad/Water Play Area, Multi-Purpose Lawn/Fields, Disc Golf Course, Golf Academy, Event Lawn/Group Gathering, Adventure Playground/Playground, Pickle Ball Courts, Dog Park, Community Building/Restrooms, River Access, Linear Park, Trails/Exercise Course, Neighborhood Park, Bike Trails, BMX Track, Community Garden.
• Conservation (55 acres): Approximately 55 acres of the western portion of the Park is anticipated to be preserved and restored as a potential flood control and wetland mitigation area.

2.6.3 Potential Actions:

Currently, the design stage of the Plan is at a conceptual level, focusing on features desired by the community. The overall design level is not sufficient to assess potential impacts in detail. Thus, the primary impact to be discussed pertains to the loss of habitat acres. The extent of project actions, such as wetland modifications, drainage, grading and other construction has not been determined.

The following impacts to biological resources may be anticipated:

1. Removal of existing vegetation, including tree removal. In addition to removal of hazard trees and naturally occurring tree mortalities, new development will necessitate the ATTACHMENT B 2027
removal of mature trees. It is estimated that the most trees will be removed within the eastern half of the property. The total number of trees removed will be between 100-250 (20-50 percent of existing trees). Many trees to be removed are non-native, fire prone and in various stages of decline. Plantings of replacement trees of more suitable (droughtadapted, native) species is also anticipated.

2. Surface grading and construction. Although the location, extent and exact nature of the new development features are currently not determined, project activities are likely to include:
a. Construction of recreational facilities including ball fields, trails, hardscape and buildings
b. Grading, leveling and installing subsurface utilities.

3. Wetlands Modification: The extent of wetland impacts cannot be assessed at this early stage of plan development. Of the total 11.25 acres of potential jurisdictional wetlands, only

2.62 acres (e.g., Pond 5 in the eastern half of the property) would be potentially modified, partially or completely filled.

4. Wildlife Habitat Loss. Approximately 80 acres of wildlife habitat will be removed or altered.

The exact location, nature of impact and timing of these activities is unknown at this time.

Wildlife habitat loss includes terrestrial and aquatic habitat.

ATTACHMENT B 2028

3.0 POTENTIAL IMPACTS TO BIOLOGICAL RESOURCES
The following section addresses the proposed project’s potential to result in significant impacts on biological resources, including vegetation and wildlife resources. This section identifies listed and proposed species and designated and proposed critical habitat (referred to as listed resources) and that “may be present” in the action area. The likelihood of a documented special-status species or rare natural community to occur in the project area is based on the distribution of the species (i.e., its overlap with the project area) and the presence of the species’ required or preferred habitat elements in the project area (e.g., associated plant species, vegetation types, soil types, and hydrologic conditions). For each species that may be present under the current habitat conditions within the action area, this section describes the effects that the proposed project may have on the respective species. The following CEQA checklist summarizes potential impacts from the proposed project on biological resources on the project site. Each item is addressed in detail on the following pages.

3.1 BIOLOGICAL RESOURCES
Topics
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact No Impact
Not
Applicable
Would The Project:
a) Have a substantial adverse effect, either
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special-status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations, or by the
California Department of Fish and Wildlife or
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on
federally protected wetlands as defined by
Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of
any native resident or migratory fish or
wildlife species or with established native
resident or migratory wildlife corridors, or
impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a
tree preservation policy or ordinance?
ATTACHMENT B 2029
Topics
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Incorporation
Less Than
Significant
Impact No Impact
Not
Applicable
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or State habitat
conservation plan?
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service ? (Less Than Significant with Mitigation Incorporated) Species listed under the California Endangered Species Act (CESA) or the federal Endangered Species Act (ESA) require special protection to avoid “take” or cause other adverse effects upon their habitat. Additionally, impacts to other non-listed special status species, such as those classified as Species of Special Concern by the California Department of Fish and Wildlife should be avoided and mitigated under CEQA. Some rare plant species also require protection pursuant to the California Native Plant Protection Act, although there are no rare plants present or potentially present at the Park due to lack of habitat. Table C and Figure 5 show special-status species records and/or observations within 1 mile of the Park.

ATTACHMENT B 2030
Table C: Special-Status Species and Sensitive Natural Communities Occurring within 1 Mile of the Project Site Common Name/Scientific Name Federal
Status
State
Status
Global
Rank
State
Rank
Rare
Plant
Rank
CDFW
Status Habitat Potential to Occur
Plants
Alkali milk-vetch
Astragalus tener var. tener None None G2G1 S1 1B.2
Occurs in playas, vernal-pools, freshwater
wetlands, alkali sink, valley grassland, wetlandriparian No suitable
habitat
Heartscale
Atriplex cordulata var. cordulata None None G3T2 S2 1B.2 Shadscale Scrub, Valley Grassland, wetlandriparian No suitable
habitat
Big tarplant
Blepharizonia plumosa None None G1G2 S1S2 1B.1 Valley and foothill grassland, Clay (usually) No suitable habitat Watershield
Brasenia schreberi None None G5 S3 2B.3 Marshes and swamps (freshwater), No suitable habitat Palmate-bracted bird's-beak
Chloropyron palmatum FE CE G1 S1 1B.1 Chenopod scrub, Valley and foothill grassland, Alkaline No suitable
habitat
San Joaquin spearscale
Extriplex joaquinana None None G2 S2 1B.2 Chenopod scrub, Meadows and seeps, Playas, Valley and foothill grassland, Alkaline No suitable
habitat
Woolly rose-mallow
Hibiscus lasiocarpos var. occidentalis None None G5T3 S3 1B.2 Marshes and swamps (freshwater), Often in riprap on sides of levees.

No suitable
habitat
Delta tule pea
Lathyrus jepsonii var. jepsonii None None G5T2 S2 1B.2 Marshes and swamps (brackish, freshwater) No suitable habitat Sanford's arrowhead
Sagittaria sanfordii None None G3 S3 1B.2 Marshes and swamps (shallow freshwater) No suitable habitat ATTACHMENT B 2031
Common Name/Scientific Name Federal
Status
State
Status
Global
Rank
State
Rank
Rare
Plant
Rank
CDFW
Status Habitat Potential to Occur
Suisun Marsh aster Symphyotrichum
lentum None None G2 S2 1B.2 Marshes and swamps (brackish, freshwater) No suitable habitat Saline clover
Trifolium hydrophilum None None G2 S2 1B.2 Marshes and swamps, Valley and foothill grassland (mesic, alkaline), Vernal pools, , No suitable
habitat
Insects
Monarch butterfly
Danaus plexippus Candidate G4 None Milkweed species (Asclepias spp.) are the sole larval host plants High to
Moderate
Valley elderberry longhorn beetle
Desmocerus californicus dimorphus Threatened None G3T2 S2 Riparian habitat, requires elderberry bushes No suitable habitat Crotch Bumble Bee
Bombus crotchii None Candidate Endangered G2 S1 open grassland and scrub habitats. Nesting occurs underground.

No suitable
habitat
Western Bumble Bee
Bombus occidentalis None Candidate Endangered G2 S1 open grassland and scrub habitats. Nesting occurs underground.

No suitable
habitat
Fish
Steelhead (Central valley DPS)
Oncorhynchus mykiss Threatened None G5T2Q S2 Inland streams and rivers No suitable
habitat, but
Critical
habitat
adjacent to
project area
Green Sturgeon (Southern DPS)
Acipenser medirostris Threatened None G2T1 S1 Inland streams and rivers No suitable
habitat, but
Critical
habitat
adjacent to
project area
Amphibians
Western Spadefoot toad
Spea hammodii Threatened Threatened G2G3 S2S3 WL Vernal pool grasslands No suitable habitat ATTACHMENT B 2032
Common Name/Scientific Name Federal
Status
State
Status
Global
Rank
State
Rank
Rare
Plant
Rank
CDFW
Status Habitat Potential to Occur
Reptiles
Western Pond Turtle
Emys marmorata
None None G3 none SSC permanent and intermittent waters of rivers, creeks, small lakes and ponds, marshes, irrigation
ditches and reservoirs. Turtles bask on land or near
water on logs, branches or boulders. Nesting and
overwintering in uplands.

Suitable
habitat is
present, no
observations.

Birds
Burrowing Owl
Athene cunicularia None None G4 S3 SSC
open, dry, sparsely vegetated land with available
burrows, adequate food supply, and perches for
horizontal visibility.

Suitable
habitat
Present, no
observations
Swainson's Hawk
Buteo swainsoni None Threatened G5 S3
Needs open habitats for foraging; adjusted well to
agricultural settings (e.g., hay and alfalfa fields,
pastures, grain crops, and row crops). Nests in
riparian woodlands and scattered stands of trees
near agricultural fields and grasslands.

Present
Tricolored Blackbird
Agelaius tricolor None Threatened G1G2 S1S2 SSC
Nests in wetlands with cattails, bulrushes, and
willows, triticale fields, patches of Himalayan
blackberry near stock ponds or irrigated pastures.

Foraging habitats include cultivated fields, feedlots
associated with dairy farms, and wetlands.

No suitable
habitat
Source: California Native Plant Society (2020). California Department of Fish and Wildlife. (2020), US Fish and Wildlife Service (2020).

Status Codes:

Federal (USFWS) State (CDFW) California Native Plant Society Rare Plant Inventory FE = Listed as Endangered (in danger of extinction) by the Federal Government. CE = Listed as Endangered by the State of California Rank 1A: Plants Presumed Extinct in California FT = Listed as Threatened (likely to become Endangered
within the foreseeable future) by the Federal Government. CSC = California Species of Special Concern Rank 1B: Plants Rare, Threatened, or Endangered in California and Elsewhere FC = Candidate to become a proposed species. CT = Listed as Threatened by the State of California Rank 2: Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere
FSC = Federal Species of Concern. May be Endangered or
Threatened, but not enough biological information has
been gathered to support listing at this time.

CR = California Rare Rank 3: Plants About Which We Need More Information—A Review List
FC = Candidate to become a proposed species. CC = State Candidate for listing as an Endangered Species Rank 4: Plants of Limited Distribution—A Watch List ATTACHMENT B 2033
Steelhead -
Central Valley
Dps #27
Tricolored
Blackbird
#980
Western
Spadefoot
#1366
Giant
Gartersnake
#351
Swainson's
Hawk
#2361
Swainson's
Hawk #284
Swainson's
Hawk #302
Burrowing
Owl #274
Burrowing
Owl #266
Swainson's
Hawk #742
Burrowing
Owl #326
Burrowing
Owl #330
Burrowing
Owl #327
Burrowing Owl #324
Burrowing Owl #346
LEGEND
Study Area
1-mile Buffer of Study Area
CNDDB Occurrence
SOURCE: CDFW CNDDB (04/2021); Esri World Street Map (2021).

I:\DEW2002\GIS\Maps\Ecosystem Values Report\Figure 5_CNDDB Occurrences within 1 Mile.mxd (4/27/2021) FIGURE 5
Van Buskirk Golf Course Re-Use Study
Stockton, San Joaquin County, California
CNDDB Occurrences within 1 Mile
0 0.25 0.5
MILES
ATTACHMENT B 2034
The following species are unlikely to occur at the Park either because the Park is outside their current distribution, or due to a lack of suitable habitat. In addition, fish species are not considered because aquatic habitat in French Camp Slough and the San Joaquin River are outside the project area. Therefore, the following species are not considered in detail in this analysis:
• Alkali milk-vetch
• Heartscale
• Big tarplant
• Watershield
• Palmate-bracted bird's-beak
• San Joaquin spearscale
• Woolly rose-mallow
• Delta tule pea
• Sanford's arrowhead
• Suisun Marsh aster
• Saline clover
• Steelhead
• Green sturgeon (Southern DPS)
• Western Spadefoot Toad
The following species could potentially occur at the park and therefore are discussed in greater detail as follows:

The monarch butterfly (Danaus plexippus) is a migratory butterfly that has been listed as a candidate for inclusion on the USFWS list of endangered and threatened wildlife since December 2020. The U.S. Fish and Wildlife Service has concluded that listing monarchs under the Federal Endangered Species Act would be warranted but is precluded due to other high priority species.

Currently, the monarch is scheduled to be federally listed in 2024. Monarchs are currently not listed as threatened or endangered under the California Endangered Species Act (CESA), but they are listed by the State of California as a California Special Resource because their overwintering habitat is threatened by disturbance and by alteration and destruction of habitat. Monarch butterfly overwintering sites are typically found in a narrow stretch of land within 3 miles of the Pacific coastline. The likelihood that the monarch butterfly is overwintering in the project site is considered to be none.

The Western Monarch Milkweed Mapper (Xerces Society 2021) shows several recent observations of monarch adults and larvae in the city of Stockton. Monarch butterfly is known to occur in all natural communities, including open space areas as well as disturbed and developed lands (e.g., residential areas, vacant lots, rights-of-way, and firebreak zones). Monarch butterfly relies exclusively on milkweed species as a larval host plant. No milkweed plants have been identified during biological surveys of the site. Milkweed plants, however, may be present in the project action area; therefore, monarch larvae may be present as well. The likelihood that monarch butterfly is present in the project area is considered to be moderate. Mitigation Measure BIO 1 through 4 and ATTACHMENT B 2035
the specific Measure for Monarch butterfly (BIO-6) are designed to avoid impacts to milkweed and monarch butterfly to a less than significant level. The Park currently has an abundance of flowering non-native eucalyptus trees, although other flowering forbs and shrubs are rare. LSA biologists observed numerous bees and butterflies (mainly Western Swallowtail, Papilio rutulus). With restoration and habitat enhancement (Measure BIO-9), the site could provide an ideal habitat area to contribute to monarch butterfly (Danaus plexippus) and pollinator conservation. The eastern section of the Park provides the greatest opportunity to establish pollinator habitat through the planting of pollinator and butterfly gardens, hedgerows, and other areas where nectar plants could be established. Therefore, the proposed project may affect, but is not likely to adversely affect, monarch butterfly. The overall impact is Less Than Significant with Mitigation Incorporation.

The Valley Elderberry Longhorn Beetle (Desmoderus californicus) has been observed to occur at the Park (LSA unpubl. observations) and at the nearby VELB conservation bank (CNDDB 2022). The beetle is dependent on blue elderberry shrubs (Sambucus mexicana), which is its host plant.

Elderberry is a common shrub near and on the project area. The project area was completely inventoried on February 17 through 25, 2021 and again on April 20, 2021, by LSA. Since elderberry is the host plant for this species, habitat and environmental conditions that support a robust elderberry community will also benefit valley elderberry longhorn beetles. Non-fragmented stands of elderberries are essential for dispersal corridors for this species and may be necessary to maintain long-term gene flow over large areas. The 84-acre FCCB directly opposite of the Park across French Camp Slough is devoted to habitat conservation for the VELB and provides such a non-fragmented connectivity to the Park. The Park provides habitat for the beetle and occupied blue elderberry bushes (evidenced by exit boreholes on stems) have been observed throughout the Park (LSA observations). The likelihood that valley elderberry longhorn beetle is present in the project area is considered to be high. Currently, no direct conflicts between planned development actions and the locations of elderberry bushes are apparent, but once the project design is more specific, impacts to VELB could occur. Mitigation measure BIO-7 is designed to avoid impacts to elderberry bushes and the VELB. The proposed project may affect, but is not likely to adversely affect, this species. The overall impact is Less Than Significant with Mitigation Incorporation.

Western Bumble Bee (Bombus occidentalis) and Crotch Bumble Bee (Bombus crotchii) were once common bumble bees. Bumble bees play a crucial role in the pollination of native flowering plants and commercially important crops. The Xerces Society for Invertebrate Conservation now considers the species in steep decline. In 2018 the California Fish and Game Commission advanced the western and Crotch’s bumble bee to Candidate status. This was challenged in court, but a California court of appeals ultimately upheld the Commission’s determination and Candidacy was reinstated on September 30, 2022. As candidate species, the Western and Crotch’s bumble bee receive the same legal protection afforded to endangered or threatened species (Fish & G. Code, §§ 2074.2 & 2085. In 2016, the USFWS found that listing the western bumble bee may be warranted. The species status assessment for western bumble bee is scheduled to be released in 2024. These species inhabit open grasslands and meadows and use underground cavities to nest. Western bumble bees have been documented nesting in logs. Riparian forest is not considered suitable habitat. Any surface or subsurface disturbance of grasslands or linear features like hedgerows, ditches and unmanaged weed patches can be harmful to bumble bees. No records of observations of Western or Crotch’s bumble bee have been verified for the project area or its vicinity. There is suitable ATTACHMENT B 2036
bumble bee foraging and nesting habitat and nectar plants within the project site, and therefore the potential for Crotch’s and western bumble bees to occur in the project area is moderate. Field studies have shown that some bumblebee species forage at least several hundred meters and even kilometers from the nest (See Osborne et al 2007). Walther-Hellwig and Frankl (2000) found 25% of resightings between 1.5 km and 1.75 km from the colony. In Oregon, bumble bees foraging distance was estimated to be at least 11.6 km (Rao and Strange 2012). There is a moderate potential that bumble bees nesting off-site could visit the project area to forage. In that case, ground disturbance and vegetation removal may impact foraging habitat. The implementation of Mitigation Measures BIO-1 through BIO-4 will avoid potential impacts to Western and Crotch’s bumble bee. In addition, Mitigation Measure BIO-9 (Pollinator Habitat Restoration) limits all herbaceous vegetation removal activities from September 1 through February 28, guides habitat restoration and thus will avoid adverse effects on pollinators. The overall impact is Less Than Significant with Mitigation Incorporation
Burrowing owl (Athene cunicularia) is a California Species of Special Concern. Burrowing owl is a small ground-dwelling owl that generally inhabit gently sloping areas, characterized by low, sparse vegetation. Burrowing owls nest in ground burrows, often squirrel burrows. Burrowing owls are also known to use artificial burrows including pipes, culverts, and nest boxes. There is suitable habitat present at the park, but no owls have been observed in recent history. Records of burrowing owls exist from within a 1-mile radius around the park (CNDDB 2022). The likelihood that burrowing owl is present in the project area is considered to be low. However, there is suitable habitat at the Park, which may require mitigation or could be further improved to provide mitigation for burrowing owl impacts elsewhere. Measures BIO 1-4 are designed to reduce any potential adverse effect on burrowing owl from implementing the project. In addition, mitigation for loss of foraging habitat may be required. The overall impact is Less Than Significant with Mitigation Incorporation.

The Swainson’s hawk (Buteo swainsoni) is State-listed as threatened and Bird of Conservation Concern. Approximately 95 percent of California’s Swainson’s hawk population (approximately 1,770 to 2,393 breeding pairs) resides in the Central Valley. The Swainson’s hawk occurs widely in the lowlands of the Central Valley. There are hundreds of records of Swainson's hawks for San Joaquin County, including many nests in isolated trees. Swainson’s hawks have adapted well to agricultural landscapes with crop types that provide abundant foraging opportunities, particularly alfalfa. The best habitat is concentrated along permanent waterways with a more or less continuous canopy of trees with grassland, irrigated pasture, alfalfa or grain fields nearby. Most Swainson’s hawk winter in Central and South America, primarily in northern Argentina, Uruguay, and southern Brazil. Swainson’s hawk nest sites are typically located in riparian woodlands, lone trees, or groves of trees, including cottonwoods, oaks, willows (Salix sp.), walnuts, eucalyptus, pines, and Deodar cedar. Urban nesting by Swainson’s hawks has been documented in the Central Valley. Swainson’s hawks are frequently observed foraging at the Park and at least one nest has been verified to be within 500 yards of the Park in 2021. Up to four individuals were observed in active courtship, including copulations, during bird surveys in the spring of 2021 at the Park (LSA observations). The likelihood that Swainson’s hawk is present in the project area is considered very high.

Construction of recreational facilities at the park could disturb Swainson’s hawk during courtship, incubation, and the rearing of young. The increased use of the eastern half of the Park by human visitors and the conversion of grassland to recreational facilities could reduce the availability of ATTACHMENT B 2037
rodents and may reduce the quality of foraging habitat. Impacts to Swainson’s hawk from project activities could include:
• Disruption of courtship, nesting, incubation, and rearing of young during the breeding season due to disturbance from equipment and human presence. However, Swainson’s hawks frequently select roadside tree rows, isolated trees, and rural residential trees as nesting trees and exhibit a remarkable tolerance to human presence, noise and disturbance. This species is also highly responsive to farming activities that expose and concentrate prey, such as cultivating, harvesting, and disking. During these activities, particularly late in the season, Swainson’s hawks will hunt behind tractors searching for exposed prey. • Loss of nest trees (if they choose to nest in tree earmarked for removal); and • Predation of young due to nest predators (ravens, crows) being attracted to the construction site.

The implementation of Measures BIO 1-4 will avoid and minimize effects on Swainson’s hawk during habitat restoration and maintenance activities associated with the project. In addition, mitigation for loss of foraging habitat may be required. Therefore, the project may affect, but is not likely to adversely affect, Swainson’s hawk. The overall impact is Less Than Significant with Mitigation.

Tricolored blackbird (Agelaius tricolor) is state-listed as threatened and a CDFW Species of Special Concern. This species is a year-round resident in California, where it is largely endemic. The species is common locally throughout the Central Valley and in coastal areas from Sonoma County south through Monterey County. It nests in large colonies, typically between February 1 and August 31 within stands of cattails, tules, blackberry brambles, or willows, and within 490 m (1600 ft) of open, accessible water. Tricolored blackbirds forage in a variety of habitats, including agricultural fields (such as cut grain fields, rice, and alfalfa), dairies and feedlots, irrigated pastures, annual grasslands, ephemeral pools and ponds, wetlands, riparian scrub, and freshwater marsh. There may be suitable nesting habitat in expansive marsh vegetation or large blackberry thickets along the San Joaquin river, Frech Camp or other wetlands in the area. The project site does not provide suitable nesting habitat for tricolored blackbird, but there is considerable suitable foraging habitat within the wetlands and urban grasslands of the Park. There is at least on historic record (1972) of a breeding colony of approximately 5000 birds 3.6 miles south of the Park. However, no recent observations have been recorded, therefore the potential of tricolored blackbird being present is low. Project activities, such as noise, dust, machinery and staging along access roads could disturb foraging tricolored blackbirds if they were present at the park. Measures BIO-1-4 avoid impacts to tricolored blackbirds. In addition, mitigation for loss of foraging habitat may be required. This will reduce any potential impacts to Less Than Significant with Mitigation Incorporation.

Other Birds: Birds protected under the California Fish and Game Code and the Migratory Bird Treaty Act (MBTA) could potentially nest on or near the property; however, as long as the project complies with provisions of the MBTA, California Fish and Game Code Section 3513 and the recommended avoidance and minimization measures indicated below, the project will not affect any protected nesting birds or violate the MBTA or California Fish and Game Code. Measures BIO 1-4 will avoid and minimize effects on all nesting birds during habitat restoration and maintenance activities ATTACHMENT B 2038
associated with the project. Therefore, the project may affect, but is not likely to adversely affect, nesting birds. The overall impact is Less Than Significant with Mitigation.

The western pond turtle (Actinemys marmorata) is the only native freshwater turtle of the pacific coastal states. Western pond turtles have a low olive or brown upper shell, are between 3.5 to 8.5 inches in length, and have dark flecks and lines radiating from center of shields. Populations of western pond turtles are in decline due to disease, upland and aquatic habitat alterations and destruction, and the introduction of predators and non-native pet turtle releases. It is a thoroughly aquatic turtle and may be found in lakes, ponds, rivers, marshes, streams, and irrigation ditches, especially where rocky or muddy bottom, and growing watercress, cattails, or other vegetation.

Western pond turtles may be seen basking along logs, cattail mats and mud banks. Suitable habitat for forage, nesting, and hibernation for these species occurs on and adjacent to the Park, but the presence of non-native red-eared sliders may have affected Western pond turtle use of any potential habitat. Currently, the potential of Western Pond turtle being present is low. Project activities, such as construction in and near the existing wetlands could disturb western pond turtles, their nests or hatchlings if they are present at the park. Measures BIO-1-4, and specifically BIO-5 avoid impacts to western pond turtle. This will reduce any potential impacts to Less Than Significant with Mitigation Incorporation.

Bats. There are 23 bat species found in California. Ten species listed by the state of California and the Federal Government can be found in northern California. There are several bat species that may occur at the Park, including:
• Yuma myotis (Myotis yumanensis) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered.
• long-eared myotis (Myotis evotis) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered.
• fringed myotis (Myotis thysanodes) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered.
• long-legged myotis (Myotis volans) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered.
• small-footed myotis (Myotis ciliolabrum) a Federal Category 2 candidate for listing by the U.S.

Fish and Wildlife Service as Threatened or Endangered.
• spotted bat (Euderma maculatum) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered, and a California Department of Fish and Game "Species of Special Concern”.
• two subspecies of the big-eared bat: (Plecotus townsendii townsendii and Plecotus townsendii pallescens) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered, and a California Department of Fish and Game "Species of Special Concern”.

ATTACHMENT B 2039
• pallid bat (Antrozous pallidus) a California Department of Fish and Game "Species of Special Concern" and very sensitive to disturbance of roosting sites. No observations of pallid bats are available for the park, but their presence is likely.
• western mastiff bat (Eumops perotis californicus) a Federal Category 2 candidate for listing by the U.S. Fish and Wildlife Service as Threatened or Endangered, and a California Department of Fish and Game "Species of Special Concern".

In addition, the park may also provide habitat for red bat (Lasiurus blossevilli) and Mexican freetailed bat (Tadarida brasiliensis). Currently, there are no records of various bat observations at the park, but bats ate highly likely to occur at the site. Bats occur in a variety of habitats and can utilize large trees, cavities, tunnels, buildings, or other human-made structures for roosting. Open grasslands, ponds and open water habitats provide excellent foraging habitat. Bats are nocturnal feeders on insects in flight. Prey includes moths, flies, beetles, and other insects. Most bats require a nearby water source. The species of bats that will most likely occupy the Park are the big brown bat (Eptesicus fuscus), the little brown bat (Myotis lucifugus), the Mexican free-tailed bat (Tadarida brasiliensis), the pallid bat, and the Yuma myotis). Bat maternity roosts are considered native wildlife nursery sites and are protected under CEQA. If bats are roosting in buildings or trees within the project area or in the trees that are planned to be removed, potential disturbance or loss of roosting habitat could occur as a result of construction activity. Implementation of the general Measures Bio 1-4, and the Bat Mitigation Measure BIO-8 would reduce this impact to less-than significant by first identifying the presence or absence of roosting bats, and if present, preventing disturbance or loss of roosting habitat. The proposed project may affect but is not likely to adversely affect various bat species. The overall impact is Less Than Significant with Mitigation Incorporation.

Critical habitat areas are defined in the Endangered Species Act and used by US Fish and Wildlife Service and the National Marine Fisheries Service as an area that is essential for the conservation and recovery of a federally threatened or endangered species that requires special management and protection. Under Section 7 of the ESA, all federal agencies are required to use their authorities to ensure that the Federal government does not contribute to the decline of endangered and threatened species or their potential for recovery. Federal agencies are prohibited from destroying or adversely modifying designated critical habitat. This means they must consult with the Service about actions that they carry out, fund, or authorize to ensure that they will not destroy or adversely modify critical habitat. Therefore, potential impacts to designated critical habitat must be analyzed through a consultation process.

The following species have designated critical habitat or adjacent to the Park:
• The southern Distinct Population Segment (DPS) of Green Sturgeon are protected as a Threatened species under the Federal Endangered Species Act. Southern DPS green sturgeon are found in the Sacramento and San Joaquin rivers and the Delta. They primarily spawn in the upper main stem of the Sacramento River. The extent to which the species uses the San Joaquin River is unclear at this time, although an adult fish was recently found in a major tributary, the Stanislaus River, indicating at least some use of that system. Project actions are limited to ATTACHMENT B 2040
terrestrial and aquatic habitat behind the levees and therefore, Therefore, the project will have no adverse effect on critical habitat for green sturgeon. • the Central Valley steelhead is currently listed as threatened under the ESA. Steelhead and rainbow trout are the same species. In general, steelhead refers to the anadromous form of the species. Central Valley steelhead are considered “ocean-maturing,” also known as winter steelhead. They enter fresh water from August through April to spawn and rear, with juvenile steelhead migrating to the ocean primarily during the spring. Because the project will not include actions that are outside the levees, there will be no adverse effect on critical habitat for Steelhead.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (No Impact) No riparian habitat or other sensitive natural communities are present on the project site.

Therefore, the proposed project would have no effect on any riparian habitat or other sensitive natural community.
c. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (No Impact) There are five ponds within the former golf course, of which some or all may be historical oxbows associated with French Camp Slough. Four of these ponds are on the western stratum of the Park (Figure 2). Pond 5 is isolated from Ponds 1 through 4. During the operation of the golf course, river water was pumped into Pond 5 from a different diversion than for Ponds 1 through 4. Ponds 1 through 4 are currently connected via pipes and culverts, many of which are in poor condition.

Pumping of river water has stopped since 2202. All ponds at the Park are isolated from the floodplain of French Camp Slough by a levee and are considered managed water features that are jurisdictional wetlands that are Waters of the U.S. and the State of California. The total area of these ponds is approximately 11.25 acres (Table C). The Conceptual Plan does not specify any changes to existing ponds. Therefore, the proposed project would have no effect on any federally protected wetlands.
d. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Less Than Significant with Mitigation Incorporated)
The project site consists of an existing City park that is surrounded by residential and commercial development. No identified linkages or movement corridors are connected with the project site.

Improvements planned as part of the project are not expected to interfere with the migration of wildlife species, such as birds and bats. However, there is a potential for bat maternity roosts to be present in the large, mature trees on the site. These roosts would be classified as nurseries, which ATTACHMENT B 2041
require additional protection. Implementation of Mitigation Measure BIO- 8 would reduce potential impacts to bat maternal roosts by requiring bat surveys prior to the removal of trees where bats may roost. The proposed project may affect but is not likely to adversely affect a native wildlife nursery. The overall impact is Less Than Significant with Mitigation Incorporation. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ? (Less Than Significant with Mitigation Incorporated) The City of Stockton has a Heritage Tree Ordinance that requires a permit for the removal of specific types of oak trees. Per Section 16.240.020 of the City Municipal code, a Heritage Tree is “Any Quercus lobata (commonly known as “Valley Oak”), Quercus agrifolia (Coast Live Oak), and Quercus wislizenii (Interior Live Oak) tree which is located on public or private property within the limits of the City, and which has a trunk diameter of 16 inches or more, measured at 24 inches above actual grade. For Oak trees of the species mentioned above, with multiple trunks, the combined total trunk diameter shall be used for all trunks measuring six (6) inches or greater measured at 24 inches above actual grade.” Trees on the project site are predominantly non-native species. However, there are a total of nine mature California valley oak (Quercus lobata) trees on the project site ( 4 on the eastern side, 5 on the western side). All five valley oak trees on the western side of the Park and three out of four oaks on the eastern side meet this requirement. The City will need to authorize the removal of these oaks if it is determined that they are located within the footprint of a planned development. The proposed project may affect but is not likely to adversely affect Heritage Trees. The overall impact is Less Than Significant with Mitigation Incorporation. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? (TBD) The Park is within the coverage area of the San Joaquin County Multi-Species Open Space and Habitat Conservation Plan (SJMSCP), a habitat conservation plan adopted by San Joaquin County and its incorporated cities and managed by the San Joaquin Council of Governments (SJCOG). The Plan provides compensation (mitigation) for the conversion of open space to non-open space uses that impact covered plant, fish, and wildlife species. The SJMSCP assesses a habitat conservation fee on participating projects that convert open space land to an urban or industrial use. The SJMSCP also sets forth Incidental Take Minimization Measures that participating projects must implement to prevent impacts to special-status species (SJCOG 2000) and to protect the region’s agricultural economy. Two agricultural habitat preserves of the SJMSCP are located across the San Joaquin River, one directly opposite of the western end of the Park, and one approximately 1.9 miles (3.1 km) to the southwest of the Park. Pursuant to the SJMSCP, certain portions of the Conceptual Master Plan would qualify as conversion of open space to non-open space (e.g., parking lots, event facilities, skate park and other hardscape features, and therefore may require compliance with the SJMSCP mitigation fee policy. On the other hand, the available mitigation opportunities at the Park may also constitute on-site mitigation opportunities or offer to implement mitigation for impacts incurred.

Therefore, the Project would have a less than-significant impact on local policy compliance. The degree to which mitigation is required would need to be determined once a development plan has been finalized.

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3.2 MITIGATION MEASURES
Below is a description of the potential mitigation measures proposed to avoid, minimize and mitigate potential effects on the special status species addressed in this Report. Implementation of the following measures would ensure that the proposed project minimizes and avoids effects on the environment, federally listed species, and their habitat within the action area.

Mitigation Measure BIO-1: Biological Monitor. A qualified biologist shall be present on site as a Biological Monitor to survey and monitor for special-status species during all work within the proposed action area. The Biological Monitor will conduct all preconstruction surveys and will ensure that any construction barrier fencing and work exclusion zones around elderberry bushes are established and maintained. The Biological Monitor shall furthermore supervise and monitor all project activities to ensure that appropriate protective measures are implemented. The Biological Monitor shall conduct clearance surveys at the beginning of each day within or adjacent to suitable special-status species habitat, including wetlands and riparian habitats. The Biological Monitor shall have the authority to halt work activities that may affect special-status species at any life stage. If a special-status species enters the work site, all work shall stop until it leaves of its own volition. If the Biological Monitor finds that any special-status species are present at the work site, all project work shall stop, and the United States Fish and Wildlife Service (USFWS) shall be notified. If there is imminent danger of injury to special-status species from project-related activities, and the specialstatus species individual(s) do not move out of the work site on their own, the Biological Monitor shall relocate the animal to the nearest suitable habitat outside the work zone and notify the USFWS within 24 hours.

Mitigation Measure BIO-2: Worker Environmental Awareness Training (WEAT). During construction of the project, before any work occurs in the action area, including grading, vegetation removal, and equipment staging, all construction personnel shall participate in WEAT regarding special-status species and sensitive habitats present in the project area. Any additional construction personnel that are employed following the initial start of construction shall receive the mandatory training before beginning work. As part of the training, an environmental awareness handout will be provided to all personnel that describes and illustrates sensitive resources (i.e., special-status species and habitat, nesting birds/raptors) to be avoided during the proposed project construction and lists measures to be followed by personnel for the protection of biological resources.

Mitigation Measure BIO-3: Implement General Wildlife Protection Measures During Construction.

The City) and its contractors’ employees and volunteers will implement general wildlife protection measures during construction that will include, but may not be limited to, the following:
• Limit construction activities to daylight hours to the extent feasible. Conduct all in-water construction activities between May 1 and November 30.
• Confine clearing to the minimal area necessary to facilitate construction activities. • Clearly delineate the action area limits by using fencing, flagging, or other means prior to the start of construction activities.

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• Avoid wildlife entrapment by completely covering or providing escape ramps for all excavated steep-walled holes or trenches more than 1 foot deep at the end of each workday. • Inspect the work area and any equipment or material left on site overnight for listed species prior to the start of construction activities each day. • Dispose of garbage in wildlife-proof containers and remove the garbage from the construction area regularly during the construction period.
• Check under equipment and in staging areas for wildlife species each morning prior to work. • Stay within designated work areas.
• Maintain exclusion/silt fencing.
• No pets or firearms on site.

Mitigation Measure BIO-4: Preconstruction and Construction Monitoring. The City will avoid and minimize effects on Swainson’s hawk (Buteo swainsoni) and breeding migratory birds during habitat restoration and maintenance activities associated with the project. Surveys will include a 0.25 mile radius outside the project area for nesting Swainson’s Hawk, following the “Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in the California’s Central Valley” (Swainson’s Hawk Technical Advisory Committee, 2000). Bumble bee surveys shall be conducted in all grassland areas at least 14 days prior to construction, following non-lethal survey protocols and current State and federal guidelines (see USFWS 2019). Breeding bird surveys will be conducted within 14 days prior to the start of construction. If there is a break in construction of one week or more, surveys will be conducted prior to the re-initiation of construction. If birds or nests are located within this buffer, USFWS will be contacted for further guidance to ensure birds or nests are not disturbed. If surveys determine that the species is present and nesting within this area an appropriate nest protection buffer will be established by a qualified biologist based on the species, type of construction or maintenance activities, and line of sight to the work area. Under this measure, nesting birds and offspring would not be disturbed or killed, and nests and eggs would not be destroyed. Work will be conducted no less than 500 feet from an active raptor nest and 100 feet from an active migratory bird nest, though buffer distances for all nesting birds may differ based on consultation with CDFW and USFWS. To prevent encroachment, the established buffer(s) will be clearly marked by high-visibility material if it has been determined by the qualified biologist that high-visibility material would not attract predators to the nest site. No construction activities, including tree removal, will occur within the buffer zone until the young have fledged or the nest is no longer active, as confirmed by the qualified biologist. If construction or maintenance activities must occur within established buffer zones, a qualified biologist will establish monitoring measures, including frequency and duration, based on species, individual behavior, and type of construction activities. If birds are showing signs of distress within the established buffer(s), construction or maintenance activities will be modified or the buffer(s) will be expanded to prevent birds from abandoning their nest. At any time, the biologist will have the authority to halt work if there are any signs of distress or disturbance that may lead to nest abandonment. Work will not resume until corrective measures have been taken or it is determined that continued activity would not adversely ATTACHMENT B 2044
affect nest success. The monitor shall continue monitoring the nest until construction within 0.5- mile of the nest is completed, or until all chicks have completely fledged and are no longer dependent on the nest.

Mitigation Measure BIO-5: Western Pond Turtle Avoidance. The western pond turtle shall be protected from Project Area staging and operations areas through monitoring by a qualified biologist. The Project Area shall be inspected daily for the presence of western pond turtles. If necessary, with consultation with CDFW, barriers shall be used when needed to direct the turtles and move them to an area of suitable habitat outside of the construction activity. If any pond turtles or their nests are found, the biologist shall prepare a relocation plan and submit it to CDFW for written acceptance prior to starting Project activities, and then implement the plan. Construction activities shall avoid all pond turtles and their nests including an appropriate buffer as determined by the qualified biologist.

Mitigation Measure BIO-6: Monarch Butterfly Avoidance. Preconstruction surveys shall be conducted during the monarch breeding season (March 16 through November 30) to determine if milkweed is present in the site and is being used for monarch breeding. Surveys will be conducted by a qualified biologist no more than 14 days prior to ground or vegetation disturbance activities.

The biologist will search for evidence of monarch eggs, caterpillars, chrysalises, and adults. If active monarch breeding is identified, the milkweed stand shall be avoided until the applicant develops and implements a salvage and relocation plan that has been reviewed and approved by the City and the applicable Resource Agencies.

Mitigation Measure BIO-7: Valley Elderberry Longhorn Beetle (VELB) Avoidance. All elderberry plants (with stems greater than 1-inch in diameter at ground level) occurring within the project area shall be marked with flagging and avoided. Orange fencing and appropriate signage will be installed 20 feet from the drip line of all elderberry shrubs located within 100 feet of the action area. No construction will occur within the protected 20-foot buffer area. All activities that could occur within 165 feet of the elderberry shrub will be conducted outside the flight season of the VELB (March–July). Herbicides shall not be used within 100 feet of elderberry plants but hand removal of invasive weeds may be conducted from August through February..

Mitigation Measure BIO-8: Roosting Bat Protection Measures. Before the spring breeding season and prior to construction, a qualified biologist shall conduct a survey for roosting bat habitat. The survey shall include work areas adjacent to appropriate roosting habitat that are accessible from public or project areas within 200 feet of a work area. For trees considered to have a high or moderate probability for bat roosting, acoustic monitoring shall be conducted before any construction activities begin during the breeding season to determine if there are any roosting sites present. Surveys shall be conducted at the appropriate times to maximize detectability. If an active roost or maternity roost is found within 100 feet of a work area, the limits of the work area will be clearly marked and a qualified biological monitor shall remain onsite during construction activities within the vicinity of the roost or maternity roost.

The biologist shall ensure that construction activities to do not encroach upon the 100 foot buffer around an active roost or maternity colony site. Buffers shall remain in place until the qualified biologist has determined that bats have vacated the occupied roost sites. If buffer reductions are ATTACHMENT B 2045
requested and approved, a monthly report shall be submitted to CDFW with all of the information in the buffer reduction requests, monitoring results, and effects on bats. Reports shall be submitted for the duration of construction activities within buffer areas.

Trees containing maternity roosts shall not be removed during the breeding season (March 1 through August 31) to avoid disturbing females with young that cannot fly. No trees containing maternity roosts may be removed until the qualified biologist determines that breeding is complete and young are able to fly.

If fall/winter hibernacula cannot be avoided, humane techniques may be implemented to passively vacate bats from roosts. Methods to passively evict bats from tree roosts may include incrementally trimming limbs to alter the air flow and temperature around the roost feature where slight changes to the surrounding environment of roost features encourage bats to vacate roost features on their own. If acoustic monitoring detects that bats are using trees that need to be cut down, these trees shall be removed only after it has been confirmed that roosting bats have departed.

Mitigation Measure BIO-9: Pollinator Habitat Restoration. To limit any potential adverse effects on pollinators, all herbaceous vegetation removal activities shall be conducted from September 1 through February 28. This includes any vegetation control with herbicides. When using herbicides, application shall be implemented by a person holding a Qualified Applicator License from the State of California. Any application of pesticides shall be completed in a manner that avoids drift and contamination of non-target plants and areas. Ecologically invasive weeds shall be treated with spot spraying of an approved herbicide only. Targeted application of herbicides may be used in conjunction with removal of nonnative invasive weeds. Restoration of natural areas shall include establishing native seed mixes containing a diversity of native wildflowers, including milkweed, as appropriate. Native seed mixes should be applied in bare soil areas, including those recently cleared, graded, or disturbed. Nesting needs of ground nesting bees and bumble bees should be taken into consideration when restoring this habitat.

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4.0 PART 2: ECOSYSTEM VALUES OF THE VAN BUSKIRK PARK

4.1 Introduction
The Park is a tremendous asset for the City of Stockton and the local residents. This asset’s benefits are primarily the various ecological services provided to people, which extend far beyond the availability of open space to recreate or exercise. Understanding the Van Buskirk asset from an Ecosystem Services perspective is the main goal of this analysis.

This assessment presents a comprehensive evaluation of the Park’s Ecosystem Services in the context of climate change adaptation, sustainability, and social justice. The purpose of this report is to:
• Assess the Ecosystem Service and their economic values of the Park in its current condition. The primary focus of this analysis is to evaluate the site’s contribution to local and regional air and water quality, recreation and public health, carbon stocks and climate change adaptation, and biodiversity; and provide options for multi-use planning, including evaluation of the site for public access, high-intensity and low-intensity recreation, conservation, mitigation of impacts to aquatic resources, habitat, and special-status species. Consideration of flood risk and opportunities to address climate change and carbon sequestration are also a part of this report. • Recommend management strategies for the Park, taking into consideration the current conditions, risk of fire and flooding and the expected dynamics of the Park’s forest into the future. Goals and Targets
The following goals guide the restoration and management of the Park:
• Provide opportunities for low-impact recreation, nature education and exercise. The Park should provide public access to a broad diversity of stakeholders and should accommodate a range of activities, from active sports to low-impact hiking, bird watching and photography. Educational resources – such as informational kiosks, a nature trail or native plant gardens – could enhance educational opportunities for nearby elementary schools. • Restore a functioning native riparian forest to counteract the forecasted decline of the forest conditions and extreme future fire risk. As discussed in Section 2.5.4.3, the native Central Valley Riparian Forest provides a suitable model for creating a drought- and fire-resilient ecosystem.

The conversion of the current forest will require a sequential approach and will likely take decades. Planting of native trees, restoring wetlands and other native habitats should be phased over multiple years and in concert with development of recreational infrastructure. • Opportunities for mitigating impacts of development within San Joaquin County – such as loss of wetlands, special-status species habitat or riparian forest vegetation – should be considered as the means to restore the site to a climate resilient state. In addition, mitigation revenues may provide additional resources for managing and enhancing the Park.

ATTACHMENT B 2048
• Finally, the Park is uniquely suited to enhance carbon stocks and pollution removal benefits to local residents. Ecosystem services that the Park currently provides (i.e., carbon sequestration, pollution removal and health benefits) should be managed to exceed their current levels. This will help offset anticipated losses in these services as the Park undergoes ecological change due to droughts, flooding and natural tree mortality. Ecosystem Service credits created at the Park may be of interest to public agencies or private companies as they seek offsets for their own climate impacts.

4.2 PROJECT AREA

4.2.1 History
Humans have lived in California for at least 19,000 years. Prior to contact with Europeans, the California region contained the highest Native American population density north of what is now Mexico. Early Native Californians were hunter-gatherers, with seed collection becoming widespread around 9,000 BC. The local tribe that occupied the Central Valley in the vicinity of the Park were Yokuts, who populated the San Joaquin Valley from the Sacramento-San Joaquin Delta south to Bakersfield and into the adjacent foothills of the Sierra Nevada mountain range. The Yokuts had one of the highest regional population densities in pre-contact North America. Yokuts narratives constitute one of the most abundantly documented oral literatures in the state. From 1850 through the early 1900s, settlers and eventually the California State Militia engaged in genocidal warfare against the Yokuts and other native tribes, resulting in a decimation of the Yokuts by over 93 percent and enslavement of the survivors under the California State Act for the Government and Protection of Indians. Today, a few Valley Yokuts remain, the most prominent tribe among them being the Tachi.

The Central Valley was first visited by Anglo-American fur trappers, Russian scientists, and SpanishMexican expeditions during the first half of the 19th century. By the late 1830s and early 1840s, small permanent European-American settlements had settled in the Central Valley and surrounding foothills. The discovery of gold in the Sierra Nevada in 1848 triggered a massive influx of people.

Demand for commodities from the mining communities led quickly to the expansion of ranching and agriculture throughout the Central Valley, followed by permanent communities along major transportation corridors. The Southern Pacific and Central Pacific Railroads and a host of smaller interurban lines began intensive projects in the late 1860s, eventually connecting Stockton with other cities. French Camp, a community located southwest of the project site, is one of the first permanent settlements in the Stockton area and first occupied in 1832 by employees of the Hudson’s Bay Company. In 1841, Charles Weber arrived in California and subsequently settled on a point of land in present-day downtown Stockton. In 1844, Weber and others received a tract of land called “Rancho del Campo de los Franceses”. The project site is located within the boundaries of this land grant.

4.2.2 Neighborhood Characteristics and Project Context
San Joaquin County is a multi-cultural community with a population comprised of almost 40 percent Hispanic/Latino, 7.6 percent African American, 14.4 percent Asian, and 38 percent non-Hispanic white residents. More than 10 percent of residents are unemployed, 28.5 percent are under age 18, and the median household income is $53,253. In the County Health Rankings Report, San Joaquin ATTACHMENT B 2049
County ranks 39th out of 58 counties on overall health outcomes (lower middle range of counties in California).

The Park is located in South Stockton, an area with a population of about 100,000 residents, of which over 80 percent are minorities and over 20 percent live below the poverty level. South Stockton has severe multi-generational challenges of crime, poverty, low educational attainment, and socioeconomic disparity. Educational outcomes in South Stockton are characterized by high truancy rates and lower test scores and graduation rates than the city as a whole. One in four students drop out of high school in the Stockton Unified School District—almost twice the State average.

The Park is situated within a California Disadvantaged Community (Census blocks 6077000801, 6077002504, and 6077002503), a neighborhood of approximately 12,000 residents. Minority population percentages range from 74 to 86 percent across these three census blocks, and 16 to 42 percent of residents live in poverty. Household income is lowest in the areas immediately surrounding the Park site. Table B shows the overall percentile score for several disadvantaged community indicators (a higher percentile indicates a higher relative burden). To the northeast of the Park is the Conway Homes public housing property. Two elementary schools (Marshall ES K-8, and Taylor ES K-8) are within 500 meters of the Park, and a third elementary school (San Joaquin ES K-8) is less than 900 meters from the Park boundary. Almost 4,000 children under age 18 (including 1,000 children under age 5) live within the census blocks closest to the Park and thus would be immediate beneficiaries of public access to the Park.

Stockton has the least green space per resident of any metro area in California, suggesting that children and youth may not have adequate space for healthy recreational activities. The Park is located in an area of low public access to green spaces. In a citywide assessment of green space access for Stockton’s residents, The Trust for Public Land (TPL; ParkServe 2021) estimated that 74 percent of all Stockton residents live within a 10-minute walk of a public park. Currently 84 parks (3 percent of Stockton’s area) serve a total population of 291,364 residents. However, the vicinity of the Park has been identified as one in high need of public park access (The Trust for Public Land 2021). According to the TPL ParkServe® interactive mapping tool, the impact of public access to the Park property would allow an additional 4,200 residents access to a public park within a 10- minute walk (TPL ParkServe 2021). Public health is a major concern in this neighborhood. According to CalEnviroScreen (Table B), the Park vicinity is among California’s most pollution-burdened and vulnerable communities. Common health issues include those associated with pulmonary and cardiovascular disease, which is caused by poor air quality. The re-use strategy for the Park can have far-reaching implications on environmental quality and public health.

ATTACHMENT B 2050
Table D: Neighborhood Characteristics, SB 535 Disadvantaged Communities Using CalEnviro Screen 3.05
Neighborhood Characteristic Census Tract
6077000801 6077002504 6077002503
Population 6,692 3,982 2,560
Pollution Burden Percentile 100 75 75
Population Characteristics Percentile 98 84 96
Ozone 53 61 61
PM2.5 84 69 69
Diesel 74 74 72
Pesticides 61 74 67
Toxic Releases 70 65 62
Traffic 78 26 83
Drinking Water 29 29 29
Cleanup 96 13 0
Groundwater Threats 98 50 15
Hazardous Waste 84 18 0
Impaired Water 99 94 94
Solid Waste 99 24 20
Asthma 98 97 97
Low Birth Weight 81 61 71
Cardiovascular Disease 97 97 97
Education 88 84 88
Linguistic Isolation 75 49 71
Poverty 86 72 99
Unemployment 95 63 98
Housing Burden 64 36 40
Source: Office of Environmental Health Hazard Assessment (OEHHA; June 2018).

4.2.3 Environmental Risk Setting
The Park is located in the riparian zone, where flooding is often an important driver of succession. In the Central Valley, annual flooding was the primary natural disturbance affecting riparian vegetation. Periodic flooding and sediment relocation were critical for the reproduction and growth of many riparian species and for the successional dynamics of riparian zones. Scouring likely helped control growth of understory shrubs. The Park is located in a FEMA X-Flood Zone with the potential for greater than 10 feet of flooding in a 200-year flood event.

Flooding of the Park site is currently prevented by the levee along French Camp, maintained by Reclamation District 404, also known as Boggs Tract. RD 404 was established in 1881, pursuant to federal legislation that authorized the transfer of federal swamplands to private ownership provided 5 CalEnviroScreen was developed by the Office of Environmental Health Hazard Assessment (OEHHA) at the request of CalEPA to identify California’s most pollution-burdened and vulnerable communities. Using data from federal and State sources, the tool consists of four components in two broad groups. The Exposure and Environmental Effects components comprise a Pollution Burden group, and the Sensitive Populations and Socioeconomic Factors components comprise a Population Characteristics group. The four components are made up of environmental, health, and socioeconomic data from 20 indicators.

ATTACHMENT B 2051
that the swamplands be drained and made productive. Owners of reclaimed land were authorized to organize special districts to acquire, build, and operate reclamation works. Originally established for agriculture, RD 404 now contains substantial urban development, primarily residential and industrial. RD 404 maintains approximately 4.8 miles of levees that provide flood protection for the Boggs Tract area. Approximately 4.1 miles of levees maintained by RD 404 are part of the ACOE National Levee Safety Program and are classified as “Project levees.” The levee along the north bank of French Camp Slough is a Project levee. Past seepage events have resulted in the construction of a cutoff wall, approximately 1,200 linear feet long, within the earthen levee on the eastern portion of the Park (BaseCamp Environmental 2017).

Recent geotechnical analysis and evaluation of historical performance during past flood events have resulted in a greater understanding of under‐seepage and a revision of levee design criteria.

Geomorphologic and geotechnical studies identified subsurface features, such as former river channels, and meanders. The potential for seepage problems to occur along the existing levees in the Park site is created by discontinuous layers of coarse‐grained pervious soils (i.e., sands and gravels). These are found at varying depths of up to 100 feet. During high‐water events, water from the river can enter the pervious soil layers and then move laterally through these layers under/ through the levee. Excessive seepage can erode soil within the levee and lead to a rapid collapse and subsequent breach. Historically, foundation conditions were evaluated assuming homogeneous materials, but the floods of 1986 and 1997 and the resulting levee failures throughout the Central Valley resulted in a revision of the criteria for the evaluation of under-seepage. The levees that protect the Park site do not meet current ACOE levee design criteria and are at risk of breach failure at stages considerably less than levee crest elevations. This is evidenced by historical levee boils and heavy seepage at river stages less than design flows.

California’s Fourth Climate Assessment (Bensworth et al. 2018) predicts that climate change will have a profound impact on the current flooding regime. In the Sacramento Valley, annual precipitation is expected to remain about the same on average, or to increase slightly this century.

However, the increased intensity of extreme storms makes an extreme flood event more likely, even probable in the next 40 years (Swain et al. 2018). New extremes will challenge water storage and flood control systems that were designed for the historical climate patterns. On the San Joaquin River under the 200-year return period flood, sea level rise is projected to increase the water surface elevation by 0.8 feet at Burns Cut Off. More significantly, climate change hydrology plus sea level rise causes more than a 7-foot increase in water surface elevation above existing conditions upstream of the confluence with French Camp Slough (i.e., the location of the Park; Maendly 2018).

This is caused by significantly increased flow in the system under climate change hydrology in the San Joaquin River system, which is exacerbated by a change in flood-flow routing with the higher flows. It is unlikely that the existing levees at the Park will be able to effectively protect the adjoining neighborhoods from flooding of that magnitude.

4.2.4 Ecosystem Services
The Millennium Ecosystem Assessment (2005) defines Ecosystem Services as “the benefits people derive from ecosystems.” All Ecosystem Services have a direct link and influence on human wellbeing (Figure 4). Given the projected dramatic increase in urbanization and the potential climatic change around the world, optimizing urban Ecosystem Services delivery is critical for social and ATTACHMENT B 2052
ecological sustainability and climate adaptation. The Millennium Ecosystem Assessment identified four major categories of ecosystem services:

Figure 6: Ecosystem Services and their relations to constituents of human well-being (Source: Millennium Ecosystem Assessment 2005)

1. Provisioning Services include primarily food and fiber, such as fruits, vegetables, trees, fish, and livestock. A provisioning service is any type of benefit to people that can be extracted from nature.

2. Regulating Services include decomposition, water purification, erosion and flood control, and carbon storage and climate regulation. Plants clean air and filter water, bacteria decompose wastes, bees pollinate flowers, and tree roots hold soil in place to prevent erosion.

3. Cultural Services are non-material benefits, including spiritual values, natural beauty, inspiration, a sense of place, or recreational opportunities from their surrounding ecosystems.

They promote the building of knowledge and the spreading of ideas; creativity born from interactions with nature (e.g., music, art, architecture); and recreation.

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4. Supporting Services include natural processes, such as photosynthesis, nutrient cycling, the creation of soils, and the water cycle. These processes allow the Earth to sustain basic life forms, ecosystems and people.

Specifically, the Ecosystem Service Assessment is a multilayer evaluation of ecosystem services provided by the greenspace within the Park. Based on a comprehensive inventory, this allows the identification of essential Ecosystem Services that are available, including:
• Biodiversity. The relative abundance and diversity of plant and animal species as an indication the Park’s resilience to climate change
• Biological Carbon Sequestration Potential, based on existing vegetation. This includes current carbon storage and the annual sequestration of carbon.
• Air quality improvement and health benefits, such as pollution removal, oxygen generation • Hydrological effects, including evaporation, water interception, and avoided runoff.

The City has the unique opportunity to create a re-use strategy for the Park that addresses multiple, interrelated societal problems, such as climate change, biodiversity conservation, and social inequality. The majority of ecosystem services can be described and quantified, at least in categorical terms. Leveraging Ecosystem Service Values created and preserved through the implementation of the Master Plan will offer the City several benefits, including:
• Impact Mitigation. The ecosystem benefits created through implementation of the Van Buskirk Master Plan may be used to offset impacts by other City projects or to create tradeable/ marketable credits for mitigation by other agencies. Mitigation could include special-status species habitat, wetlands, flood control, water and aquifer recharge, or temperature offsets (both aquatic and terrestrial/heat island).
• Public Health. Managing the Park re-use with an eye to public health benefits will reduce the burden of local residents in regard to typical health issues associated with air-pollution, such as asthma, low birth weight and cardiovascular disease. Creating opportunities for physical activity also relieves symptoms of depression and anxiety, improves mood, and enhances psychological well-being.
• Education and Community Identity. For children and adolescents, parks and playgrounds provide an opportunity for imagination and creativity, cognitive and intellectual development, and negotiating social relationships. Educational opportunities for local schools, clubs and afterschool programs are important benefits of open space. Parks have important social and community development benefits. They make urban neighborhoods more livable and provide a place where both adults and children can socialize, increasing people’s sense of community, • Climate Adaptation and Biodiversity. Biologically diverse communities are more resilient to ecosystem change. Managing and restoring the Park’s biodiversity will support the ecological resiliency and ecological adaptation to climate change. The quantification of tangible metrics ATTACHMENT B 2054
may aid in the evaluation of climate goal targets and how the City may achieve them. Carbon sequestration, air quality (e.g., particulate matter, ozone), and other greenhouse gas emissions and capture are examples of climate-related metrics.
• Third-Party Funding. Placing an emphasis on the human community context, especially SB535 (Disadvantaged Communities) and their vulnerabilities will leverage State and private partnership funding opportunities for the City. By clearly identifying the community benefits of management and restoration activities, the City can leverage these benefits in seeking outside funding.

4.3 METHODS
The methods outlined in this chapter address the various conservation values and services of the Park site. LSA’s approach included field surveys, mapping, database review and modeling to evaluate the Park’s Ecosystem Service values.

For planning purposes, the Park was divided into two planning strata. The “west” stratum included

81.6 acres beginning at the eastern edge of the central parking area (including the former golf club buildings) and extending to the western border of the site (Figure 3). The “east” stratum comprised 78 acres and extended from the parking lot eastwards to the fence line of the Van Buskirk Community Center. This stratification was selected to account for differences in proximity to recreation sites, underserved neighborhoods, and accessibility. All survey data collection and analyses were conducted separately for each stratum.

4.3.1 Vegetation Communities And Tree Inventory
The primary vegetation communities at the Park are:

1. Urban Grassland. Most of the grassland vegetation at the former golf course is dominated by turf grasses, which are perennial or rhizomatous species (e.g., Bermuda grass, Cynodon dactylon; Kentucky bluegrass, Poa pratensis, Perennial Ryegrass,). With the abandonment of the irrigation system, the turf has undergone a transition to a more drought-resistant nonnative grassland. Mowing still occurs, but fertilization and herbicide applications have stopped. The cessation of herbicide applications has resulted in a non-native grassland with intermixed invasive, non-native weeds and bare ground.

2. Urban Forest. An urban forest is a collection of trees that have been planted within a builtup area. The mature trees at the Park are distinct features of the site. The most common tree species are non-native trees, primarily river red gum (Eucalyptus camaldulensis), cork oak (Quercus suber) and Canary Pine (Pinus canariensis). Urban forests moderate local climate, slowing wind and stormwater, and filter air and sunlight. They are critical in cooling urban heat islands and potentially reducing the number of unhealthful ozone days that plague major cities in peak summer months. Urban forests are composed of a mix of native and exotic tree species and often have a tree diversity that is higher than surrounding native landscapes.

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From February 17 through 25, 2021, a team of biologists and botanists conducted a comprehensive tree inventory of the entire site. Each tree was identified by species, georeferenced by its location and given a unique waypoint in a GIS database. The tree’s diameter at breast height (dbh in inches), crown health (percent of crown damaged or dead) and total height (in meters) was recorded. A tree’s condition was evaluated by the amount of crown damage (dieback) and condition classes were as follows:
• Excellent = 0 percent dieback
• Good = 1 - 10 percent dieback
• Fair = 10 - 25 percent dieback
• Poor = 25 - 50 percent dieback
• Critical = 50 - 75 percent dieback
• Dying = 75 - 99 percent dieback
• Dead = 100 percent dieback
The height of each tree was determined either by a laser-range finder with a tree height measuring function (LaserTech TruPulse 360R Laser Rangefinder) or by combining linear distance measurement with a common laser range finder and a clinometer. For the latter method, correction for the eye level height of the observer was necessary to obtain correct tree height measurements. All data were recorded in field data sheets and later transcribed in Microsoft Excel spreadsheets.

4.3.2 i-Tree Eco

4.3.2.1 Current Conditions Model
Tree inventory data were analyzed using the i-Tree Eco software6 to quantify the current conditions at the Park, including urban forest structure, environmental effects, and value to communities. The i-Tree Eco software outputs provide estimates of:
• Urban forest structure: Species composition, number of trees, tree density, tree health condition, etc. Leaf area and total biomass of trees was estimated by the model. • Carbon: Total stored carbon and net carbon annually sequestered by the urban forest. Carbon storage is the amount of carbon bound up in the above-ground and below-ground parts of woody vegetation. To calculate current carbon storage, biomass for each tree was calculated using equations from the literature and measured tree data. Open-grown, maintained trees tend to have less biomass than predicted by forest-derived biomass equations (Nowak 1994). To adjust for this difference, biomass results for open-grown urban trees were multiplied by 0.8. No adjustment was made for trees found in natural stand conditions. The average carbon content is generally 50% of the tree's dry weight total volume. Therefore, tree dry-weight biomass was converted to stored carbon by multiplying by 0.5. Carbon sequestration is the removal of carbon dioxide from the air by plants. To estimate the gross amount of carbon sequestered annually, 6 Since 2006, i-Tree has been a cooperative effort between the USDA Forest Service, Davey Tree Expert Company, The Arbor Day Foundation, Society of Municipal Arborists, International Society of Arboriculture, Casey Trees, and SUNY College of Environmental Science and Forestry. More info at:
www.itreetools.org/tools/i-tree-eco
ATTACHMENT B 2056
average diameter growth from the appropriate genera and diameter class and tree condition was added to the existing tree diameter (in year x) to estimate tree diameter and carbon storage in year x+1. Carbon storage and carbon sequestration values were based on estimated or customized local carbon values within the i-Tree Eco software. For this analysis, carbon storage and carbon sequestration values were calculated based on $171 per ton. • Pollution reduction: Hourly amount of pollution removed by the urban forest, and associated percent air quality improvement throughout a year. Pollution removal is calculated for ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide and particulate matter less than 2.5 microns (PM2.5).7 Air pollution removal estimates are derived from calculated hourly tree-canopy resistances for ozone, and sulfur and nitrogen dioxides based on a hybrid of big-leaf and multilayer canopy deposition models. The number of adverse health effects and associated economic value is calculated for ozone, sulfur dioxide, nitrogen dioxide, and PM2.5 using data from the USEPA Environmental Benefits Mapping and Analysis Program (BenMAP). For this analysis, pollution removal value was calculated based on the prices of $1,327 per ton (carbon monoxide); $1,107 per ton (ozone); $220 per ton (nitrogen dioxide); $51 per ton (sulfur dioxide); and $89,798 per ton (particulate matter less than 2.5 microns). • Public health impacts: Health incidence reduction and economic benefit based on the effect of trees on air quality improvement for the United States only. The health benefits were calculated according to the USEPA Environmental Benefits Mapping and Analysis Program. Incidence is defined as the total number of adverse health effects avoided in a year due to a change in pollution concentration. The program also quantifies the economic value that is associated with the incidence of adverse health effects.
• Oxygen Production: The amount of oxygen produced is estimated from carbon sequestration based on atomic weights: net O2 release (kg/yr) = net C sequestration (kg/yr) × 32/12. To estimate the net carbon sequestration rate, the amount of carbon sequestered as a result of tree growth was reduced by the amount lost resulting from tree mortality. Thus, net carbon sequestration and net annual oxygen production of the urban forest account for decomposition.

For complete inventory projects, oxygen production was estimated from gross carbon sequestration and did not account for decomposition.
• Avoided runoff: Yearly avoided runoff attributed to trees summarized by tree species or strata.

Annual avoided surface runoff was calculated based on rainfall interception by vegetation, specifically the difference between annual runoff with and without vegetation. Although tree leaves, branches, and bark may intercept precipitation and thus mitigate surface runoff, only the precipitation intercepted by leaves is accounted for in this analysis. In the i-Tree model, the value of avoided runoff is based on an estimated value of $0.07 per foot. 7 The i-Tree Eco software analyzes particulate matter less than 2.5 microns (PM2.5) which is a subset of particulate matter less than 10 microns (PM10). Although PM10 is another significant air pollutant, it has not been included in this analysis. PM2.5 is generally more relevant in discussions concerning air pollution effects on human health.

ATTACHMENT B 2057
• Bio-emissions: Urban forest volatile organic compound emissions and the relative impact of tree species on net ozone and carbon monoxide formation throughout the year. Maximizing use of low VOC-emitting trees reduces ozone and carbon monoxide formation.

4.3.2.2 Options Analysis
An analysis of options and their feasibility serves to identify and explore the most effective alternative approaches to be included in a Master Plan for the Park. The i-Tree software provides the opportunity to forecast stand conditions and ecosystem service provisions 30 years into the future. Three forecasting models were designed to simulate potential management options and desired conditions. Options selected for this assessment include:

1. Option 1: The Baseline Scenario (i.e., a forecast of the future without forest restoration or management) uses projections that comprise operational and maintenance activities within already existing infrastructure and practices (i.e., limited mowing, removal of hazard trees only).

It is essentially a “do-nothing” or “null model” scenario.

2. Option 2: The “Maintain Ecosystem Benefits” Scenario defines management actions that require minimum effort and cost to maintain the forest at a similar density and distribution as current and ensures that most of the ecosystem services continue to be available. This scenario assumes that species composition will shift to native trees in the future based on limited planting of native, site-appropriate replacement trees beyond the existing operational and maintenance activities. The primary objective would be to maintain the current tree cover and ecosystem services of the Park. Under this option, managers would replace dead and dying trees by planting 100 replacement trees in each stratum annually for 10 years. This would result in approximately 2,000 native trees planted, although not all will survive. Under this scenario, Park managers would also need to control ladder fuels and other fine fuels by pruning, mowing, and grazing. The “Maintain Ecosystem Benefits” option provides the least-cost solution for the Park while achieving some of the Parks goals, albeit with limited ecosystem benefits.

3. Option 3: The “Restoration and Enhancement” Scenario aims to double the overall tree cover and the extent of the forested area. The scenario would involve planting approximately 300 young trees annually in each stratum for 10 years. All plantings would be limited to site-adapted species of trees with low fire risk. To meet the goal of a low fire-risk and climate-resilient urban forest, future stand conditions at the Park would need to include a preponderance of native species that are long-lived, site adapted and resilient to climate extremes. Creating such a forest would require planting of trees in suitable locations, adjacent to existing trees groves and including a mix of species. In addition, recruitment of undesirable non-native species, such as eucalyptus, would need to be controlled and eliminated if possible. Weeds and fine fuels would need to be managed by mowing and/or grazing, but the area for weed management and mowing would be reduced due to the expanded tree cover. Under this scenario, the existing forest at the Park would be largely converted into a drought-tolerant, fire resistant native vegetation community with high structural and biotic diversity. The resulting semi-natural forest would effectively serve as a fire modification zone and serve as an outdoor classroom for students learning about native plants and animals. It would provide substantial ecosystem services to local residents and visitors.

ATTACHMENT B 2058

4.4 URBAN FOREST ASSESSMENT

4.4.1 Current Conditions

4.4.1.1 Density, Species Composition and Diversity
LSA inventoried 977 live trees on the Park property, belonging to 35 species. At the Park, about 18 percent of the trees are species native to North America, while 9 percent are native to California.

Species exotic to North America make up 82 percent of the population. Most of the exotic tree species have an origin from Australia (27 percent of the species). The 10 species with the greatest importance values (IV) are listed in Table C. The most abundant tree species are river red gum (Eucalyptus camaldulensis, n=126), cork oak (Quercus suber, n=117) and Canary Pine (Pinus canariensis, n=95). The overall tree diversity (Shannon Index)8 was 2.9 +/- 0.0970 (SD).

The overall tree density is 2.5 trees/acre, or 6 percent tree cover (i.e., 9.6 acres of the entire site), which is low for urban forests in general (Nowak et al 2010). Tree density in the east stratum was slightly higher (2.6 trees/acre) compared to west stratum (2.4 trees/acre). Many tree benefits equate directly to the amount of healthy leaf surface area of the plant. Trees at the Park provide 190 acres of leaf area, or approximately 20 times the actual tree cover. The species contributing the largest proportions of total leaf area were red river gum (54.38 acres) red ironbark gum (Eucalyptus sideroxylon, 30.71 acres), and cork oak (15.62 acres). The most important California native species was valley oak (Quercus lobata, n=9, leaf area =1.03 acres). Overall, the leaf area in the west stratum was slightly higher than in the EAST stratum (98.8 acres vs 91.7 acres, respectively).

The tree community at the Park is dominated by large, mature trees. The distribution of trunk dbh varied among tree species. The tree species with the largest dbh was Aleppo Pine (Pinus halepensis, mean dbh = 33 inches) followed by red ironbark gum (mean dbh = 28 inches). Similarly, tree height varied among species. The largest tree was an Italian pine (Pinus pinea) at 122 feet. On average, the tallest trees were Italian pines (mean height=73 feet), red river gum (mean height = 69 feet) and red ironbark gum (mean height = 62 feet). Tree diameter and height distribution was similar across the two strata.

The urban forest at the Park extends to the Park’s boundary along Houston Avenue (Figure 2). Given the close proximity of residential structures of often less than 30 feet from the canopy’s dripline, there is limited defensible space for the community. A potential wildfire in the urban forest at the Park will pose a substantial fires risk to the community. Embers spread a fire quickly and when they land on a home, they can ignite flammable items in roofs, eaves, and landscaping. In addition, burning trees may fall across Houston Ave, igniting and damaging houses on the opposite side of the street and blocking access by emergency vehicles. Implementing a fire break along Houston Avenue should be considered a high priority.
8 The Shannon index (H) is commonly used to characterize species diversity in a community by accounting for both abundance and evenness of the species present. The index ranges typically from 1.5 to 3.5; tropical rainforests systems can exceed the upper limit.

ATTACHMENT B 2059
Table E: Species Composition and Leaf Area for the 12 Most Abundant Tree Species in the Urban Forest at Van Buskirk Park, Stockton, California Species Name Percent
Population
Percent
Leaf Area IV
River red gum 12.9 28.6 41.5
Red ironbark 7.9 16.2 24.1
Cork oak 12.0 8.2 20.2
Canary pine 9.6 7.7 17.3
Aleppo pine 9.3 6.9 16.2
Shamel ash 7.2 5.1 12.3
Holly oak 5.9 4.0 10.0
Silver dollar gum 3.2 6.2 9.4
Coast redwood 4.6 3.0 7.7
Deodar cedar 6.0 1.4 7.4
Source: i-Tree-Eco model output (2021)

4.4.1.2 Tree Health
The tree inventory recorded the percent dieback of each tree’s crown and thus provides a health assessment for the tree’s general health and its likelihood to die within the next decades. Trees with 50 to 75 percent crown mortality were considered sick, while those exceeding 75 percent were considered dying. Currently, 98 percent of trees (n=968) are considered healthy. Average crown mortality varied by tree species, with trees requiring more soil moisture experiencing higher crown dieback (see Table D). It should be noted that this estimation of tree health did not consider trees that have already died or are scheduled to be removed due to their health status. Thus, the overall tree health conditions at the Park are probably poorer than Table D indicates.

Table F: Tree Health and Average Crown Dieback at Van Buskirk Park, Stockton, California
Species Name Average Percent
Dieback
Percent
Sick or Dying
Babylon weeping willow 21.6 17
Manna Gum 6.4 5
Cork oak 11.3 3
Aleppo Pine 9.9 3
Silver dollar gum 5.7 3
Red ironbark 6.9 1
Deodar Cedar 7.7 1
Coast redwood 11.9 0
Source: i-Tree-Eco model output (2021)

4.4.1.3 Carbon Storage and Sequestration
Urban trees can help mitigate climate change by sequestering atmospheric carbon (from carbon dioxide) in tissue. Trees sequester carbon in new growth every year. When a tree performs photosynthesis, carbon dioxide is extracted from the air and converted into sugar, while the tree ATTACHMENT B 2060
releases oxygen. Wood is the tree’s biggest “carbon sink” because it is almost entirely made of carbon. While trees mainly store carbon, they do release some carbon, such as when their leaves decompose, or their roots consume sugar to capture nutrients and water.

Carbon capture of trees depends on the age of trees in an urban forest. Young forests have many trees and pull in carbon rapidly. Middle-aged trees grow slower than young trees, but the amount of carbon captured and stored is relatively greater. As a tree dies and decays, it releases much of the stored carbon back into the atmosphere. Decomposition of wood and leaf litter can offset the carbon capture of the remaining trees. Thus, carbon storage is an indication of the amount of carbon that can be released if trees are allowed to die and decompose. Maintaining healthy trees will keep the carbon stored in trees, but tree maintenance can contribute to carbon emissions due to the use of vehicles and gas-powered tools. When a tree dies, using the wood in long-term wood products, to heat buildings, or to produce energy from biomass will help reduce carbon emissions from wood decomposition or from fossil-fuel based power plants.

The amount of carbon annually sequestered increases with the size and health of the trees. The gross sequestration of the Park’s trees is about 17.71 tons of carbon per year with an associated value of $3,020 per year. The urban forest at the Park is estimated to store 991 tons of carbon at a value of $169,000. Table E shows the amount of carbon stored by species. Cork oak stores and sequesters the most carbon (530 tons of CO2 equivalent, or approximately 14.7 percent of the total carbon stored). The annual carbon storage at the Park is equivalent to the annual carbon dioxide (CO2) emissions from 701 vehicles or 287 single-family homes.

4.4.1.4 Avoided Runoff
Surface runoff is a concern in many urban areas as it can contribute pollution to streams, wetlands, rivers, lakes, and oceans. During precipitation events, some portion of the precipitation is intercepted by vegetation (trees and shrubs) while the other portion reaches the ground. The portion of the precipitation that reaches the ground and does not infiltrate into the soil becomes surface runoff. Urban trees and shrubs are beneficial in reducing surface runoff. Trees and shrubs intercept precipitation, while their root systems promote infiltration and storage in the soil. The trees and shrubs of the Park help to reduce runoff by an estimated 1,240 cubic meters (approximately 1 acre-foot) a year with an associated value of $2,900. Avoided runoff is based on local weather and precipitation data from the Stockton Metropolitan Airport.

4.4.1.5 Air Pollution Removal
Poor air quality is a common problem in many urban areas and can lead to decreased human health, damage to landscape materials and ecosystem processes, and reduced visibility. The urban forest can help improve air quality by reducing air temperature, directly removing pollutants from the air, and reducing energy consumption in buildings, which consequently reduces air pollutant emissions from the power sources. Oxygen production is one of the most commonly cited benefits of urban trees. The annual oxygen production of a tree is directly related to the amount of carbon sequestered by the tree, which is tied to the accumulation of tree biomass. Trees in the Park are estimated to produce 42.85 metric tons of oxygen per year. Cork oak is the most prolific oxygen producer in the Park with an annual production of over 6 metric tons, exceeding the oxygen production of the more numerous eucalyptus species.

ATTACHMENT B 2061
Table G: Carbon Storage of Various Tree Species at Van Buskirk Park, Stockton, California
Species N Carbon Storage
(ton)
Carbon Storage
(%)
CO₂ Equivalent (ton)
Cork oak 117 145.40 14.7 533.30
Canary pine 95 126.90 12.8 465.30
Aleppo pine 91 109.90 11.1 403.10
Italian pine 38 94.10 9.5 345.00
Shamel ash 70 86.80 8.8 318.20
Red river gum 126 70.90 7.2 260.10
Red ironbark 77 59.80 6.0 219.30
Holly oak 58 54.20 5.5 198.60
Babylon weeping
willow
6 42.70 4.3 156.70
Coast redwood 45 37.70 3.8 138.20
Deodar cedar 59 37.10 3.7 135.90
Australian pine 11 27.60 2.8 101.20
Silver dollar gum 31 19.90 2.0 72.80
Red pine 8 14.80 1.5 54.10
Chinese pistache 22 12.60 1.3 46.30
Manna gum 21 7.10 0.7 26.20
Black locust 6 6.40 0.6 23.60
Red willow 1 6.20 0.6 22.80
Arizona cypress 2 5.60 0.6 20.60
Trident maple 13 5.50 0.6 20.10
Callery pear 7 5.20 0.5 19.00
Valley oak 9 3.70 0.4 13.50
Argyle apple 4 2.20 0.2 8.20
Sweetgum 7 1.90 0.2 7.00
Canary island date
palm
8 1.70 0.2 6.10
Japanese black pine 1 1.50 0.2 5.50
Desert fan palm 13 1.30 0.1 4.80
Blue jacaranda 3 0.90 0.1 3.20
Western red cedar 16 0.60 0.1 2.30
Southern magnolia 2 0.30 0.0 1.10
Plantane 3 0.30 0.0 1.00
Spanish bayonet 1 0.30 0.0 0.90
Glossy privet 1 0.10 0.0 0.40
Mousehole tree 1 0.10 0.0 0.30
Crepe myrtle 4 0.00 0.0 0.20
Total 977 991.30 100.0 3,634.90
Source: i-Tree-Eco model output (2021)
Trees also emit volatile organic compounds that can contribute to ozone formation. However, studies have revealed that an increase in tree cover leads to reduced ozone formation (Nowak and Dwyer 2000). In 2021, trees in the Park emitted an estimated 3.425 metric tons of volatile organic compounds (VOCs, 1.793 metric tons of isoprene and 1.632 metric tons of monoterpenes, Table F).

These VOCs are precursor chemicals to ozone formation. VOCs furthermore affect flammability of ATTACHMENT B 2062
the tree and may contribute to accelerating forest fires (Courty et al. 2010). Emissions vary among species based on species characteristics (i.e., some genera such as oaks are high isoprene emitters) and amount of leaf biomass. Fifty-five percent of the forest's VOC emissions were from the eucalyptus species, primarily red river gum and red ironbark.

Pollution removal by trees at the Park was estimated using field data and recent available pollution and weather data available (Stockton Metropolitan Airport, WBAN 23237). Pollution removal was greatest for ozone, peaking in the months of April through September (Figure 6). It is estimated that trees at the Park remove 1,604 pounds of air pollution, including ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), and particulate matter less than 2.5 microns (PM2.5), and sulfur dioxide (SO2) with an associated value of $3,550 per year. Particulate matter is being filtered primarily during the rainy season. The annual nitrogen dioxide removal is equivalent to emissions from 20 vehicles or 9 single-family houses. The sulfur dioxide removal is equivalent to the annual sulfur dioxide emissions from 450 vehicles.

Figure 7: Monthly Pollution Removal (kg) of the Current Forest at Van Buskirk Park, Stockton, California
ATTACHMENT B 2063
Table H: Volatile Organic Compound Emissions of Trees at Van Buskirk Park, Stockton, California
Species Name Monoterpene
(kg9/yr)
Isoprene
(kg/yr)
Total VOCs
(kg/yr)
Red river gum 484.10 730.20 1214.30
Red ironbark 271.00 408.70 679.70
Cork oak 350.60 273.60 624.20
Silver dollar gum 98.60 148.70 247.20
Holly oak 113.40 88.50 202.00
Manna gum 52.00 78.40 130.40
Canary pine 78.20 0.00 78.20
Aleppo pine 70.00 0.00 70.00
Italian stone pine 34.20 0.00 34.20
Agyle apple 12.90 19.50 32.40
Valley oak 15.80 12.30 28.10
Coast redwood 16.60 0.00 16.60
Red pine 11.90 0.00 11.90
Australian pine 0.10 10.60 10.70
Deodar cedar 10.20 0.00 10.20
Babylon weeping willow 0.30 9.50 9.80
American sweetgum 2.00 6.10 8.10
Black locust 2.30 2.80 5.10
Trident maple 3.30 0.00 3.30
Chinese pistache 2.30 0.00 2.30
Red willow 0.00 1.30 1.30
Southern magnolia 1.20 0.00 1.20
Glossy privet 0.00 0.70 0.70
Plantane 0.00 0.70 0.70
Canary island date palm 0.00 0.60 0.60
Callery pear 0.60 0.00 0.60
Desert fan palm 0.00 0.60 0.60
Arizona cypress 0.40 0.00 0.40
Japanese black pine 0.20 0.00 0.20
Western red cedar 0.10 0.00 0.10
Shamel ash 0.00 0.00 0.00
Blue jacaranda 0.00 0.00 0.00
Crepe myrtle 0.00 0.00 0.00
Mousehole tree 0.00 0.00 0.00
Spanish bayonet 0.00 0.00 0.00
Source: i-Tree-Eco model output (2021)

4.4.1.6 Public Health
Table G shows the overall public health burden for the neighborhoods surrounding the Park, suggesting that air pollution is a major source of health complications in the affected Census Tracts.

By removing air pollution, the forest at the Park reduces the incidence of common public health conditions (Table G). The estimated monetary value of this service exceeds $3,500 per year 9 1 kg = 2.2 lbs.

ATTACHMENT B 2064
(Table G). However, quantification and monetization of public health benefits of urban trees is difficult and likely underestimated.

Table I: Air Quality Health Impacts and Values of trees at Van Buskirk Park NO2 O3 PM2.5 SO2
Incidence Value ($) Incidence Value ($) Incidence Value ($) Incidence Value ($) Acute Bronchitis – – – – 0.00 0.03 – –
Acute Myocardial
Infarction – – – – 0.00 5.72 – –
Acute Respiratory
Symptoms 0.02 0.52 0.16 13.53 0.13 12.49 0.00 0.05
Asthma Exacerbation 0.24 20.27 – – 0.13 10.83 0.01 1.05 Chronic Bronchitis – – – – 0.00 29.63 – –
Emergency Room Visits 0.00 0.06 0.00 0.03 0.00 0.06 0.00 0.02 Hospital Admissions 0.00 10.02 0.00 6.24 0.00 1.02
Hospital Admissions,
Cardiovascular – – – – 0.00 1.39 – –
Hospital Admissions,
Respiratory – – – – 0.00 1.08 – –
Lower Respiratory
Symptoms – – – – 0.00 0.19 – –
Mortality – – 0.00 606.04 0.00 2,794.56 – –
School Loss Days – – 0.09 8.55 – –
Upper Respiratory
Symptoms – – – – 0.00 0.14 – –
Work Loss Days – – – – 0.02 3.80 – –
Total 0.26 30.88 0.25 634.39 0.29 2,859.91 0.02 2.14
Source: i-Tree-Eco model output (2021)
Notes:

Incidence = The total number of adverse health effects avoided in a year due to a change in pollution concentration.

Value = The economic value in USD that is associated with the incidence of adverse health effects.

4.4.1.7 Urban Heat Island mitigation
Tree canopies can lower surface and air temperatures by providing shade and through evapotranspiration associated with photosynthesis. Shaded surfaces, including pavement, trails and buildings may be 20–45°F cooler than the peak temperatures of unshaded surfaces (Akbari et al 1997). Evapotranspiration, alone or in combination with shading, can help reduce peak summer temperatures by 2–9°F. The Park’s tree density currently is only 6 percent; hence its shading effectiveness is moderate when considering the Park’s entire surface. However, shade is an important component when planning recreation facilities, such as dog parks, picnic sites, playgrounds, and hiking trails. Increasing tree cover is most useful as an urban heat island mitigation strategy when trees are planted in strategic locations around facilities, trails and buildings or to shade pavement in parking lots.

4.4.2 Future Conditions Analysis
An important part of this assessment is the evaluation of the potential future conditions at the Park as they relate to overall forest structure, species diversity, ecosystem service provisioning, and fire ATTACHMENT B 2065
and drought risk. Managing the transition of the current stands towards a fire-, drought- and floodresilient system is of the highest priority in the Park’s vegetation management strategy. In the absence of thoughtful vegetation restoration, it is highly likely that the Park will rapidly become a fire-prone system that could pose significant dangers to the surrounding neighborhoods. In addition, the general projected decline of the forest will provide progressively fewer ecosystem services to visitors and residents of the neighborhood. An analysis of options serves to identify and explore the most effective alternative approaches to be included in a Master Plan for the Park. The i-Tree software provided the opportunity to forecast stand conditions and ecosystem service provisions of the Park into the future.

Three forecasting models were designed to simulate the three options above (Section 2.2.3.2):
• Option1: The Baseline Scenario, i.e., a forecast of future conditions without forest restoration or replanting of trees.
• Option 2: The “Maintain Ecosystem Benefits” Scenario includes planting 100 replacement trees in each stratum for 10 years. Tree species would be limited to native, site-appropriate species and management actions would entail control of ladder fuels and other fine fuels by pruning, mowing, and grazing.
• Option 3: The “Restoration and Enhancement” Scenario aims to recreate a native riparian forest ecosystem with increased tree cover. The strategy would involve planting approximately 300 young trees annually in each stratum for 10 years. Like Option 2, selected trees for planting would be native, site-appropriate species. Vegetation management would entail control of fuels by pruning, mowing, and grazing. However, due to the greater amount of shading, bush and grass (fuels) management would generally be less intensive than under Option 2 to maintain fire safe conditions. The resulting forest conditions would double the provided ecosystem services and provide a fire modification zone.

4.4.2.1 Option 1: Baseline Scenario Forecast
Forest Structure, Tree Cover, and Species Composition. Under the Baseline Scenario, no replacement of dead or dying trees would be implemented. Model results suggests that natural mortality will greatly reduce the number of trees in the Park. Over this period, almost 600 trees are projected to die, resulting in a reduction of tree cover by 52 to 58 percent, respectively, for the east and west stratum. Total leaf area is expected to decline by almost 60 percent and total tree biomass reduction will exceed 62 percent over 30 years. Likewise, the overall basal area of the urban forest will decline by 56 percent from 306 square meters (m2
)to 132 m2 due to natural mortality of trees.

Considering the predicted high mortality over the next 30 years, the forests structure at the Park will become more open and savannah-like, with large gaps between trees becoming the prevalent characteristic of the urban forest. This will reduce the shaded areas and allow more sunlight to penetrate the canopy, enhancing weed and brush encroachment.

Although the i-Tree model does not make predictions of future tree composition by species, it is likely that species with high crown dieback rates (Table D) will experience higher mortality. Field observations during the 2021 tree inventory suggest that most redwoods and deodar cedars are ATTACHMENT B 2066
showing signs of water stress and reduced vitality. Thus, the future diversity of trees will decline due to higher mortality of less-drought-tolerant species.

The remaining forest will likely be dominated by those species that continue to thrive, and even reproduce under the predicted future conditions. The i-Tree model does not consider naturally occurring recruitment by some of the tree species, hence future forest conditions are likely to differ from those predicted by the model. Many tree species at the Park are drought tolerant, notably eucalyptus, pine and Chinese pistache. In addition, many species will tolerate periodic flooding (e.g., red river gum and shamel ash). Species less adapted to drought are those already showing water stress, such as sequoia, deodar cedars, magnolia and sweetgum. As environmental extremes (e.g., heat, drought) occur, these species are likely to disappear rapidly.

Some tree species will naturally reproduce during that time, exacerbating the shift in the species distribution and the overall decline in diversity. Species that reproduce naturally at the Park include the majority of eucalyptus species. Eucalyptus grow readily from seed and in several locations throughout the Park young trees can be observed sprouting underneath the canopy of a mature specimen. Eucalyptus produce seed crops at intervals of several years and seeds are small and dispersed by wind. Each tree produces about 700,000 viable seeds/kg and seeds remain viable for more than 10 years (Dean et al. 1986). The California Invasive Plan Council therefore has rated red river gum as “limited invasive.”
Recruitment and expansion of willows will also occur naturally and is already underway in many of the drying ponds. Species that will not likely reproduce significantly include pine species and Casuarina, which produce allelopathic leaf secretions that inhibit the germination of seeds. Cork oak, although capable of reproducing, will be limited by seed predation by birds and small mammals. Most likely, the future composition of trees at the Park will be dominated by the two most drought-tolerant species, river red gum and red ironbark. It is also expected that most oaks will persist, although will not likely reproduce.

Ecosystem Services. The forecasted reduction of tree cover and number of trees at the Park will have a significant impact on the ecosystem services provided to local residents and visitors to the area. Simulations suggest that under the Baseline Scenario (no replacement plantings), carbon storage will decline from 991 tons to 548 tons, which amounts to a total loss of 45 percent of the stored carbon or the equivalent of emissions from 381 vehicles and an annual value of $89,000. In addition, the mortality of over 600 trees will create emissions due to removal (e.g., vehicles, chainsaws) and disposal of the removed trees. The biomass of removed trees in year 30 alone is over 120 metric tons (or 60 metric tons of pure carbon), which would most likely be chipped, composted, or used as firewood, amounting to an additional carbon emission of 14.7 tons per year.

Motorized tree removal equipment (e.g., chain saws, vehicles) would add significant emissions, causing the annual emissions under the Baseline Scenario to exceed the annual sequestration (8.71 metric tons of carbon). Thus, without active replacement of dying or dead trees, the Park would convert from active sequestration of carbon to a net emitter of CO2. Pollution removal10 will likewise decline, with the most drastic reduction in ecosystem services being a 55 percent loss in particulate 10 Pollution removal value is calculated based on the prices of $1.46 per kilogram (CO), $1.22 per kilogram (O3), $0.24 per kilogram (NO2), $0.06 per kilogram (SO2), $98.99 per kilogram (PM2.5).

ATTACHMENT B 2067
matter interception (PM2.5) and ozone removal. The monetary value of the pollution removal services of the Park would decline by almost $2,000 per year. Finally, shading and cooling of recreational areas will decline concurrently with tree cover. The most effective trees producing shade will be those species with large crowns (e.g., Fremont Cottonwood, valley oak, boxelder, shamel ash and sycamore).

Fire and Drought. A changing climate leads to changes in the frequency, intensity, spatial extent, duration, and timing of weather and climate extremes, and can result in unprecedented weather events. Drought frequency and severity is likely to increase in the next 30 years due to climate change. Droughts and associated biotic and abiotic disturbances such as fire and pest outbreaks have become one of the most important drivers of forest mortality events across the globe.

Increased drought and a longer fire season are increasing wildfire risk. For much of the Western U.S., climate models predict that an average annual 1 degree Celsius temperature increase would increase the median burned area per year as much as 600 percent in some types of forests (Vose et al. 2012). Furthermore, droughts are increasingly coinciding with heat waves. The number of dry, warm, and windy days in California has more than doubled since the 1980s, giving rise to greatly increased wildfire risk. Such hot, dry conditions promote stand-replacing catastrophic fires that threaten nearby communities and are difficult to control.

Historically, the Park’s management as a golf course has kept the fire risk low by extensive mowing, pruning, and irrigation. However, these conditions no longer exist, and current management no longer includes irrigation or widespread mowing. As a result, fuel loads have increased. In the future, dense clumps of recruitment samplings will emerge underneath many of the eucalyptus trees. Over time, these saplings will grow into a dense understory, providing “ladder fuels” (i.e., saplings underneath the canopy of mature trees). Thus, the recruitment potential of a tree (i.e., whether it will readily regenerate from seeds or roots) is a predictor of future fire risk. In addition, the excessive mortality of mature trees will increase the surface where grasses and weeds will grow, adding to fine fuels throughout the Park. These areas will expand as trees die over the years, and weeds, shrubs and recruitment of aggressive invasive trees (mainly eucalyptus) will provide a greatly exacerbated fire risk. Coupled with highly flammable trees, these conditions will likely cause longer flames, quicker surface fires, and crowning of fires in closed canopies.

Eucalyptus and pines are highly flammable trees, especially during the hot summer months when their VOC emission increase flammability and when dry weeds and grasses provide additional fuel.

These conditions occurred during the famous “Oakland Firestorm” of 1991, where eucalyptus stands maintained and intensified a fire in the hillsides of Oakland and Berkeley in Northern California.

There is no ranking system that universally quantifies the flammability of all tree species.

Flammability ratings were derived from the VOC production potential for each species of tree, the tree’s condition, and whether the tree was deciduous or evergreen. Physical plant properties that contribute to high flammability include large amounts of dead material retained within the plant, rough or peeling bark, and the production of copious amounts of litter. Chemical properties include the presence of volatile substances such as oils, resins, wax, and pitch. For example, eucalyptus species are known for their extremely high flammability in New Zealand (Wyse et al. 2015).

According to the Orange County Fire Authority (2020), the following trees have high flammability and are not suited for planting in Fire Modification Zones (i.e., areas managed to reduce, slow or ATTACHMENT B 2068
stop fires): Eucalyptus, , and all species of palms and cypress (Cupressus sp.). Among the western conifers, coast redwood has the third most flammable litter, behind only ponderosa pine (Pinus ponderosa) and Jeffrey pine (Fonda et al. 1987). Cedars also fall into the highly flammable risk category. At the Park, trees belonging to high-risk species make up 63 percent of the entire forest.

The flammability of the tree itself and its propensity for regrowth are primary risk factors for the Park. Table H shows the most dominant tree species, their flammability and their natural recruitment potential (i.e., ability to create ladder fuels). Thus, future conditions under the Baseline Scenario will most likely be dominated by a) high fire risk due to highly flammable species; b) an increase in fine fuels due to reducing mowing and shading by trees; and c) ladder fuels by regenerating saplings.

Table J: Natural Recruitment and Fire Risk Potential for the 10 Most Abundant Tree Species in the Urban Forest at Van Buskirk Park, Stockton, California Species Name Percent of Population Natural Recruitment
Potential Flammability
Red river gum 12.9 high high
Cork oak 12.0 low low
Canary Pine 9.6 low high
Aleppo pine 9.3 low high
Red ironbark 7.9 high high
Shamel ash 7.2 low low
Deodar cedar 6.0 low high
Holly oak 5.9 low low
Coast redwood 4.6 high high
Italian stone pine 3.9 low high
Silver dollar gum 3.2 high high
Chinese pistache 2.3 low low
Manna gum 2.2 high high
Source: LSA 2021.

The abundance of highly flammable species differs significantly between the two strata. Although the west stratum has fewer trees, a greater proportion of them are highly flammable species (predominantly eucalyptus). Over 72 percent of the trees in the west stratum fall into the “highly flammable” category, while the east stratum has roughly 51 percent of highly flammable species (Figure 7).

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Figure 8: Proportion of Trees in Three Flammability Categories for the West and East Stratum, respectively, at Van Buskirk Park, Stockton, California

4.4.2.2 Option 2: Maintain Ecosystem Benefits Scenario Forecast The challenge of managing the Park forest vegetation in the future is primarily related to fire risk and the need for more site-adapted and fire-resistant species that can tolerate drought conditions better than the current species composition. The goal of this scenario is to maintain the total number of trees, the percent tree cover (to shade out grasses, weeds, and other undergrowth) and the total tree biomass (to avoid large deficits in ecosystem services). Under this option, managers would replace dead and dying trees by planting 100 native replacement trees annually in each stratum for 10 years. This would result in approximately 1,000 native trees planted, although not all would survive.

Species that are suitable to be planted in fire modification zones include valley oak, Fremont cottonwood, western sycamore (Platanus racemosa), boxelder, blue elderberry, California Laurel (Umbellularia californica), California black walnut (Juglans californica), Coast Live Oak (Quercus agrifolia) and willows along wetlands. Existing Crape Myrtle, Texas privet, American Sweet Gum, Chinese Pistache, shamel ash, and Cork Oak can be retained due to their low flammability. Park managers also will need to control ladder fuels and other fine fuels by pruning, mowing, or possibly grazing.

Forest Structure, Tree Cover, and Species Composition. Option 2 is designed to require minimum effort and cost to maintain the forest at a similar density and distribution, reduce fire risk and ensure that most of the ecosystem services continue to be available into the future. As natural mortality removes mature trees under Option 2, planting of saplings would not immediately compensate for the loss of biomass and ecosystem services. For example, the median diameter of trees would shift to smaller diameters early on and increase as the planted trees mature (Figure 8).

The number of trees would initially increase to about 2,000 trees, but then decline due to mortality, reaching approximately 1,200 trees after 30 years. The total tree biomass would decline from an initial value of 4,250 to about 2,800 metric tons. However, the percent tree cover would decline only marginally from 6 percent to 5.75 percent during the 30-year forecasting period.

Under Option 2, the species composition of the Park after 30 years would likely be very different from current conditions, where only 8.8 percent of all trees are native to California. After planting 1,000 young native trees, the resulting forest would likely be dominated by native species at the end ATTACHMENT B 2070
of the forecasting period. Based on the dbh distribution (Figure 8), only about 10 percent of the existing non-native trees would remain, many of which would be long-lived and fire-resilient species, such a cork oak and shamel ash. Management actions to eliminate regrowth of non-native species (e.g., eucalyptus) and selective removal of highly flammable species would further drive the trajectory towards a native-species dominated system.

Option 2 would result in a forest structure at the Park that will be uneven-aged and less homogenous and “open” compared with the current conditions. The canopy would increasingly have larger gaps where individual trees died and understory development would be aided by increasing sunlight on the ground. However, careful management of the understory and the prevalence of native species would greatly reduce the overall risk of fire in this forest.

Figure 9: Projected Diameter at Breast Height (dbh) of Trees over a 30-Year Forecasting Period with Replanting
Ecosystem Services. Two major ecosystem services of the Park are carbon sequestration and air pollution removal. The forecasted provisioning of ecosystem services under Option 2 are outlined below. Figure 8 shows the predicted reduction in carbon storage and pollution removal value under Option 2, compared with the baseline scenario (Option 1).

Under Option 2, carbon storage would decline by approximately 10 percent by year 13 and then increase as young trees are increasing stored carbon. At the end of the forecasting period, the total carbon stored in the forest at the Park would be 108 percent of current, or the equivalent of the emission of 763 vehicles per year. Emissions due to removal and vegetation management (e.g., vehicles, chainsaws) and disposal of the removed trees would be compensated, and the final carbon balance would be positive. Initially, the annual carbon sequestration would drop by 7.5 percent by ATTACHMENT B 2071
year 4 but would exceed the current annual levels by year 8. From then on, carbon sequestration rates would increase annually and would have more than doubled by the end of the 30-year period.

Planting young trees to mitigate for the decline and mortality of existing trees in the next 30 years would almost completely compensate for the loss of carbon storage in the Van Buskirk forest. The increase in carbon sequestration, however, would level off toward the end of the forecasting period, indicating that the system would likely be reaching some type of equilibrium.

Pollution removal would likewise decline initially but increase to approximately 175 percent of the current value. The monetary value of the pollution removal services of the Park would increase to over $6,000 per year and then would likely stabilize. In addition, removing species with high VOC emissions and replacing them with native species of low VOC emission potential would further reduce the air pollution burden on the neighborhood of the Park. Carbon sequestration would remain roughly stable, while the value of pollution removal would increase by about 40 percent.

Shading and evaporative cooling of the Park would initially be reduced concurrently with the loss of canopy, but will increase over time, especially if trees are planted strategically to shade recreational areas, buildings, parking lots and trails.

Fire and Drought. As discussed above, the fire-resilience of the native-species-dominated forest resulting from Option 2 will be significantly higher, despite a more uneven-even aged stand structure and more ladder fuels reaching into the canopy. Where necessary, management actions would need to be implemented to remove regenerating eucalyptus trees. As planted young saplings fill canopy gaps left by dying trees, ground shading would increase, thus limiting weed and brush encroachment. Although ladder fuels would be more prevalent due to the abundance of young trees, the tree species themselves are less flammable and thus would reduce the overall fire risk.

4.4.2.3 Option 3: Restoration and Enhancement Scenario Forecast This option aims to double the overall tree cover and the extent of the forested area. The reason for expanding the forest footprint is that maintenance of forested landscapes is generally less intensive and the shading by tree canopies tends to reduce the amount of mowing and brush clearance required to maintain fire safe conditions. The option would involve planting approximately 300 young trees annually in each stratum for 10 years.

To meet the goal of a low fire risk and climate-resilient urban forest, future stand conditions at the Park must include a preponderance of native species that are long-lived, site-adapted and resilient to fire and climate extremes. Creating such a forest would require planting of trees in suitable locations, adjacent to existing trees groves and including a mix of species. Temporary irrigation would probably be necessary to ensure high initial survival of saplings. In addition, recruitment of undesirable non-native species, such as eucalyptus, would need to be controlled and possibly eliminated. Weeds and fine fuels would need to be managed by mowing and/or grazing.

Under Option 3, the existing forest at the Park would be largely converted into a drought-tolerant, fire-resistant native vegetation community with high structural and biotic diversity. The resulting semi-natural forest would effectively serve as a fire modification zone as well as an outdoor ATTACHMENT B 2072
classroom for students learning about native plants and animals, providing substantial ecosystem services to local residents and visitors.

Forest Structure, Tree Cover, and Species Composition. Under Option 3, the goal is to double the extent of the forest and to recreate native riparian forest conditions with corresponding gains in Ecosystem Services and a high degree of fire resistance. Planting approximately 3,000 young trees over 10 years would immediately increase the tree density and number, thereby compensating for any trees that might be lost due to natural mortality.

Tree cover would increase from 6 percent to 11 percent after 30 years. As with Option 2, the diameter distribution of trees would shift dramatically to lower dbh dimensions and to a denser, more diverse structure, giving the forest a decidedly more natural look of a riparian forest, instead of the current “savannah-like” conditions (Figure 9). It is likely that this forest, which would eventually consist of over 90 percent native species, would also exhibit some recruitment, and hence the number of saplings in the lowest diameter class may be underestimated. Natural recruitment in most riparian species requires open gaps in the canopy and moist soil conditions, so the recruitment would probably be limited to wetlands and areas with higher soil moisture.

Depending on the management of existing wetlands (see Section 3.2) the recruitment of riparian species would probably resemble the natural condition of the Great Valley Riparian Forest.

Figure 10: Trunk Diameter Distribution (dbh) for the Urban Forest at Van Buskirk Park under Scenario 3 (Planting of 3,000 Saplings over 10 Years).

Under Option 3, the median diameter of trees would shift to smaller diameters early on and increase as the planted trees mature (Figure 9). The number of trees would initially increase to about 4,600 Trees by year 10, and then decline slightly due to mortality until it reaches 2,700 trees ATTACHMENT B 2073
after 30 years (283 percent of current). However, since the forecasting model does not consider naturally occurring regeneration, this is likely an underestimate. The total tree biomass would initially decline slightly from 4,252 to about 3,200 metric tons by year 13, and then increase to reach 4,100 metric tons by year 30 (i.e., 96 percent of current). Tree cover would incline steadily from 6 percent to almost 11 percent during the 30-year forecasting period. These figures are minimal estimates and could change upwards if natural regeneration were to occur to a significant degree over the forecasting period.

Under Option 3, the species composition of the Park after 30 years would likely be very different from current conditions, where only 8.8 percent of all trees are native to California. After planting 300 young native trees annually for 10 years, the resulting forest condition would be dominated by native species at the end of the forecasting period. Based on the dbh distribution (Figure 9) only about 10 percent of the existing non-native trees would remain, many of which would be long-lived and fire-resilient species, such a cork oak and shamel ash. Management actions to eliminate regrowth of non-native species (e.g., eucalyptus), selective removal and natural regeneration of native species would likely further drive the trajectory towards a native-species dominated system.

Ecosystem Services. The forecasted provisioning of ecosystem services under Option 3 (enhancement) are outlined below. Figure 10 shows the predicted reduction in carbon storage and pollution removal value under this option, compared with the Baseline Scenario (Option 1) and Option 2.

Figure 11: Carbon Storage Forecasted under the Baseline, Option 2 and Option 3 Scenarios Carbon storage will increase as planted trees are growing. At the end of the forecasting period, the total carbon stored in the forest at the Park would be 190 percent of current or the equivalent of emissions from more than 1,700 vehicles per year. Emissions due to tree removal and vegetation ATTACHMENT B 2074
management (e.g., vehicles, chainsaws) and disposal of the removed trees would be only a small portion of that storage, and hence the final carbon balance would remain positive. Initially, the annual carbon sequestration would drop by 10 percent by year 8 but would exceed the current annual levels by year 15. Carbon sequestration rates would increase annually thereafter and would have almost doubled at end of the 30-year period. The increase in carbon sequestration would continue beyond the 30-year forecasting horizon at a steady rate, approximately 56 metric tons per year, or the equivalent of the emissions from 44 vehicles per year.

Pollution removal under Option 3 would remain stable for about 5 years and then increase to approximately 420 percent of the current value (Figure 11). Although the number of trees would only double over this period, the monetary value of the resulting forest’s removal of air pollution would quadruple; it would increase to over $14,800 per year and would increase annually beyond the end of the forecasting period. Most of the value of the forest’s annual pollution removal would be due to interception of particulate matter (PM2.5); that ecosystem service alone would be worth over $12,900 per year and would have significant benefits for public health. In addition, removing species with high VOC emissions and replacing them with native species of low VOC emission potential would further reduce the air pollution burden on the neighborhood of the Park.

Figure 12: Pollution Removal Value for Three Scenarios of Forest Restoration at Van Buskirk Park, Stockton, California
Shading and cooling services of the forest under this scenario will at least double due to the increase of the overall trees canopy and leaf area. However, creating a riparian forest along a functional oxbow in the western stratum will stimulate rapid growth and expansion of a native riparian forest ATTACHMENT B 2075
ecosystem, which will exceed the canopy area of existing and planted trees within a decade. It is anticipated that this natural recruitment, especially of fast-growing trees and shrubs will provide additional cooling and shading. Coupled with generally moister conditions in a functioning floodplain this will likely exceed the shading and cooling effectiveness two or threefold compared with current (baseline) conditions. Strategic planting of trees (primarily in the eastern stratum) will likewise increase the cooling and shading effectiveness of trees to benefit recreational areas.

Fire and Drought. As indicated above (Section 3.1.2.2), the current forest at the Park is highly fire prone. Under Option 3, the fire risk would be greatly reduced due to more site-adapted and less flammable species making up the bulk of the forest. Thus, Option 3 would provide the additional benefit of creating a “Fire Modification Zone” where fire behavior would likely change and fires would be less intense and threatening. Having a forest consisting of over 90 percent of site-adapted species would result in a more-drought resilient stand that would be less affected by the effects of climate change (i.e., drought).

4.5 WETLANDS
Wetlands are one of the most threatened ecosystems in the United States. Wetlands retain and control floodwaters. Wetland plants absorb nutrients and chemicals from the water, and they act as a natural filtration system. Wetland plants and soils store large amounts of carbon that, if released, would contribute to climate change. Wetlands are also a vital habitat for migratory birds, fish, and mammals, and their loss impacts recreation and biodiversity.

4.5.1 Wetland Restoration
The primary goal of wetland restoration is to restore native ecosystem functions and values to promote resilience, biodiversity and species conservation. Existing, relatively intact ecosystems are the keystone for conserving biodiversity, and provide the biota and other natural materials needed for the recovery of impaired systems. Restoration focuses on reestablishing the ecological integrity of degraded aquatic ecosystems, particularly the systems’ structure, composition and natural processes. Ecosystems with high integrity are resilient and self-sustaining natural systems that are able to accommodate drought stress and climate change.

The challenges associated with restoring natural ecosystem processes in wetlands at the Park include: 1) the current hydrological separation of the ponds from adjacent stream flows; 2) the lack of a continuous stream channel linking the individual ponds to convey water, and 3) the existing shallow conditions in the ponds that cause them to be unsuitable for maintaining sufficient inundation to support wetland vegetation.

Restoration of Ponds 1 through 4 (discussed below Section 3.2.3) will include re-establishment of inter-linking channels. Pond 5, which is not connected to Ponds 1 – 4, is discussed in Section 3.2.4.

4.5.2 Ponds 1 Through 4
Since the creation of the golf course, Ponds 1 through 4 have been maintained as individual ponds that have silted in. Their proximity to each other and the past hydrological connection via pipes and culverts make them suitable to be considered as part of one cohesive, connected wetland complex.

ATTACHMENT B 2076
Restoring a functional wetland complex from Ponds 1 through 4 could include the following:
• Removing river sediment from the ponds to a depth that would allow the storage of rainwater for at least several months, and possibly recharging connection to the groundwater table. • Establishing natural channels linking the ponds with each other to create new natural flow regimes. Removal of all pipes and creating meandering open channels with natural banks and bottom substrate would establish a natural surface water connection between the ponds and could aid in increasing the functionality and extent of the wetlands. Hydrological connectivity between the ponds through surface water flows would be a prerequisite for plants and animals to move across the landscape and reach suitable habitats. This movement would help sustain wetland biodiversity because it would enable species to colonize new habitats, escape adverse conditions, and recolonize shallower ponds after they have fallen dry for a few months. Creating a connected wetland complex would likely generate significant wetland credits for mitigation. • Restoring native riparian vegetation along the restored pond- wetland complex. Re-establishing a riparian forest along the restored wetlands would aid in promoting biodiversity, special-status species habitat, and fire resilience.
• Reconnecting the restored pond- wetland complex with high-water flows from French Camp Slough and the San Joaquin River to enhance the river’s floodplain. Originally, the site of the Park was located within the expansive floodplain of French Camp Slough and the San Joaquin River, and the creation of the RD 404 levee system isolated the Park from the floodplain of the river. Furthermore, the levee along French Camp Slough hemmed-in the river and reduced its ability to disperse floodwaters across its former floodplain, thus increasing flows and energy during flood events. Based on predicted flood stages of 7 feet or more due to climate change, the existing levees most likely will fail to protect the residences north of the Park from catastrophic flooding. Setting back the levee and expanding the flood plain should be evaluated as a potential flood abatement strategy.

4.5.2.1 Option 1: Oxbows
Ponds 1 through 4 originally may have been remnant meanders (oxbows) of French Camp Slough.

Restoring the original physical attributes of an oxbow would help attain the success of other aspects of the project, such as improving water quality and bringing back native biota. A fully functional oxbow system would include the creation of connecting channels as well as removal of artificial structures(i.e., berms, concrete weirs, culverts and pipes, and other remnant infrastructure).

Removal of sediment to deepen the ponds would also be essential. The removed dredge materials could be used on-site for creating burrowing owl habitat and for potentially filling in Pond 5 (see below).

Nutrient removal and water quality enhancements are the primary benefits of a functioning wetland complex. Nitrates are a common nutrient load resulting from agricultural production, and oxbows that intercept agricultural tile drainage can filter nearly 100 percent of nitrates from the water. They can also capture and treat a variety of urban contaminants when linked to stormwater discharge.

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4.5.2.2 Option 2: Oxbows plus Floodplain Restoration
When hydrologically connected to a stream or river, oxbows become a part of a floodplain that stores millions of gallons of water per acre. During and after precipitation events, floodplains containing oxbows can intercept some of the flood waters and slowly release it back into the stream, helping to reduce the peak flows. As precipitation events become extreme due to climate change, this role for floodplains and oxbow wetlands will lead to significant reductions in flooding.

Creating a fully functional floodplain at the Park would require modifying the existing levee along the western portion of the Park and creating a setback levee. Channels could be excavated to connect to French Camp Slough and the San Joaquin River to accommodate peak flows that would spill into the oxbow wetlands, recharging water levels and providing nutrient flows. Depending on the design, such a floodplain could accommodate 2-year to 10-year floods. To maintain high ecological integrity and nutrient transport capacity, the frequency of inundation of the floodplain should be less than five years. A conceptual drawing of a restored floodplain at the Park is presented in Figure 12.

ATTACHMENT B 2078
8 SOURCE: Google Earth (2021)
FEET
0 250 500
I:\DEW2002\G\Setback Levee\Setback_Levee_All.ai (7/20/2021) FIGURE 12
Strategic Plan for the Reuse of Van Buskirk Park
Conceptual rendering of a fully functional
floodplain ecosystem at Van Buskirk Park,
Stockton. (Option 3, West stratum)
Houston Ave
W 8th St

ATTACHMENT B
2079

4.5.2.3 Ecosystem Benefit of Restoration Options
Restoring Ponds 1 through 4 as inter-connected oxbows, in combination with floodplain restoration in the western stratum of the Park could provide significant ecosystem services, including:
• Water Flow Regulation, Storage and Quality Improvement. Complex and dynamic channel patterns in floodplains are critical for regulating flood peaks and increasing water storage.

Floodplains and associated wetlands act as a sponge to regulate water volume, releasing water during low-flow conditions. Reduction in flow velocity also causes deposition of sediments, which improves water quality, supports nutrient cycling, increases productivity, and improves fish habitat. Riverine wetlands further improve water quality by reducing nitrogen, phosphorus and sulfur concentrations through plant growth, soil adsorption, and anaerobic processes (Ewel 1997, MEA 2005). Adding channel sinuosity and connectivity would increase surface and subsurface flow as well as groundwater recharge. Restoring this structure would enhance the ability of the system to regulate flows, provide habitat and improve water quality. • Nutrient Cycling and Food Webs. Seasonal fluctuations in water flows distribute sediment, nutrients, seeds, and aquatic organisms longitudinally through river and stream systems and laterally across active channels and floodplains. These processes are critical for sustaining trophic interactions. Nutrient deposition supports aquatic plant production, which is in turn consumed by invertebrates, a critical food source for fish. Riparian forest vegetation is also crucial in providing fine organic inputs that benefit macro-invertebrate production. River and floodplain restoration has proven to be effective in increasing the abundance and diversity of macrophyte (aquatic plant) populations, which is a foundational for sustaining food webs (Lorenz et al. 2012).
• Biodiversity and Bioproduction. Floodplains are among the most biologically productive and diverse ecosystems on earth. Given the continual deposition and retention of nutrient-rich sediments, they tend to be more productive than adjacent uplands and are critical for maintaining aquatic and riparian biodiversity (Tockner and Stanford 2002). This diversity strengthens the ability of systems to resist disease and disturbance, which is particularly important in the face of climate change and other stressors on riparian systems. Restored floodplains containing oxbow wetlands provide important habitat for young fish to mature before entering the stream as adults and provide vital refuge to smaller fish seeking protection from larger, predatory fish. This could benefit special-status species such as Delta Smelt. Oxbow wetlands are also used by reptiles (e.g., western pond turtle), migratory birds and waterfowl as feeding grounds and nesting sites. Ducks and geese often begin using newly restored oxbows as soon as water is restored to them. Swainson’s hawks and other raptors are often found nesting in riparian trees (Estep 1989).
• Carbon. Carbon sequestration is a strong co-benefit of riparian restoration. Worldwide, riparian forests are some of the most effective carbon sinks. Likewise, their capacity for filtering air pollutants exceeds that of urban forest due to the multi-layer canopy and higher leaf area.

Establishment of a riparian forest would more than triple the baseline, unforested soil carbon stock. Riparian forests hold an average of 168 to 390 tons of Carbon per acre in biomass at maturity. The planting of riparian forest could substantially jump-start the biomass carbon ATTACHMENT B 2080
accumulation, with initial growth rates more than double those of naturally regenerating riparian forest (Dybala et al 2018). Using the CREEC estimator (Carbon in Riparian Ecosystems Estimator for California. developed by the California Department of Conservation, 2018), adding 25 acres of riparian forest along a connected wetlands complex could result in a rapid accumulation of Carbon within 15 years (Figure 13). At year 30, 750 tons/hectare (1850 tons/acre) of Carbon would be sequestered by this forest. This is the equivalent of the emissions of 160 vehicCNles. In addition, wetlands would sequester additional carbon. • Cultural and Aesthetic Services. Residents of nearby communities would benefit from restored wetland and riparian forest through improved biodiversity perception, recreation, education, as well as spiritual and therapeutic values associated with nature and exercise. For example, a nature center and /or educational facilities (such as interpretive kiosks and signage) and a nature trail could greatly enhance the educational offerings of the site. Trails surrounding the restored wetland and riparian forests could be placed on top of the levee along with observations platforms, blinds or other infrastructure to enhance the site’s use for education and observation.
• Fire Regimes. Fires in riparian areas are considered to be of lower intensity and to occur less frequently than in the surrounding uplands. Penetration of upland fires can be attenuated by riparian zones; therefore, riparian forest can act as a buffer against fire. Maintaining a functioning riparian belt along restored wetlands at the Park can reduce the currently high fire risk to the neighboring communities.

Figure 14: Estimated Carbon sequestration (metric tons) of restoring 1 ha (2.4 ac) of riparian forest at Van Buskirk Park, Stockton, California (Source CREEC).

ATTACHMENT B 2081

4.5.3 Pond 5
Pond 5 is the only wetland on the eastern portion of the Park. This irregularly shaped 2.6-acre feature is located approximately equidistant from the Community Center and the central parking lot (Figure 2). The pond is surrounded by a number of trees and on the eastern side is fringed by several large date palms. The pond is silted-in with weeds growing in the former pond bottom. The pond was originally supplied with water from French Camp Slough; the intake is located on the south side of the levee and provided water through a pipe connecting underneath the levee. The primary constraint on the future use of Pond 5 will be maintenance (e.g., weed and tree removal) and fire risk abatement. Options for Pond 5 include:
• Option 1: Restore Pond 5. Pond 5 is suited as a wetland only if it could be deepened to retain moisture longer in years of sufficient rainfall. Removing river sediment from the pond to a depth would allow the storage of rainwater for at least several months. De-sedimentation would also remove much of the toxins contained in the deposited silt and river sediment. This option could also include reducing the footprint of the pond, deepening the remaining portion and restoring the hydrological function of the pond as seasonal wetland habitat. Removal of non-native vegetation, maintenance and periodic de-sedimentation would be also needed. A reduction in the overall surface of the pond would require compensatory mitigation for the loss of wetlands (which could be provided by restoring Ponds 1 through 4). Removal of invasive weeds and the date palms along its fringes would create better wildlife habitat and aesthetic values.

Although there is virtually unfettered access to fishing in French Camp Slough along the southern border of the Park, creating a public fishing pond might be requested by some members of the public. Converting Pond 5 to a permanent pond that holds water at sufficient depth year-round to support fish would require deepening, shore hardening, installing drains, aeration, and a domestic water supply. Treated water from a public water supply will need to be cleaned to remove additives that may interfere with aquatic organisms (algae, zooplankton) and fish health. Periodic testing of water quality for toxic components will likely be required. In addition, benches, hardened trails, shade structures and other access features would be needed to make the fishing pond attractive to families. Stocking the pond with warm water fish would require a stocking permit from the CDFW. Maintenance demands of public fishing ponds are generally high and typically involve annual vegetation management, repair of hardened shore and trails, and restocking of the pond with live, catchable fish. In addition, draining would be required occasionally to remove sediment, invasive weeds, and other harmful non-native species (e.g., bullfrogs, released pet turtles etc.). Most likely, a permanent fishing pond would attract native Western pond turtles. It also may entice the public to release unwanted pets (pet turtles, goldfish etc.). Western Pond turtles would be impacted by these actions, and their presence in Pond 5 could require additional permitting and restrictions of maintenance activities. Risks of public fishing ponds are primarily related to safety, especially for small children, and to the likelihood of vandalism. For these reasons, creating a public fishing pond at Pond 5 would likely be costly and maintenance intensive. • Option 2: Reconfiguration as a skateboard or BMX Park. Creating a skateboard or BMX park would entail installing hardened surfaces (concrete for a skatepark, decomposed granite for a BMX park) and would require the installation of drains to remove standing water after a rain ATTACHMENT B 2082
event. Use as a skate or BMX park would reduce fire risk only if the highly flammable date palms are removed and weed and shrub invasion can be controlled. If the pond is reconfigured as a skate/BMX park, the resulting loss of a jurisdictional wetland would require mitigation pursuant to Section 404 of the CWA). It should be noted that the regulatory agencies (i.e., Corps of Engineers, Regional Water Quality Control Board, California Department of Fish and Wildlife) might oppose the conversion of a jurisdictional wetland into an upland use if there are other locations in the Park that this same us could be accommodated. • Option 3: Complete fill and re-use as terrestrial area. The pond could serve as a depository for excavated soils (e.g., from levee reconfiguration, wetland creation etc.) and thus could be filled in to create a terrestrial area. Compensatory mitigation for the loss of the entire 2.6-acre wetland would be required. Assuming an average fill depth of 3 feet, the restoration and connecting Ponds 1 through 4 in the western portion of the Park could requite up to 409,000 cubic feet of fill. The wetland restoration in the eastern stratum could provide onsite selfmitigation. For the same reason as stated above, the regulatory agencies might oppose this filling and re-use.

4.6 MANAGEMENT RECOMMENDATIONS

4.6.1 Prioritization
Implementing a successful re-use strategy for the former Van Buskirk Golf Course as a public park will require careful consideration of prioritization and sequencing of events. Prioritization criteria consider the strategic importance (i.e., a measurement focused on value to be delivered to the stakeholders) and the ease of implementation (i.e., a focus on how feasible and costly implementation would be). Part of the feasibility is the explicit consideration of constraints (i.e., how easy is it to do) and of the benefits (Ecosystem Service delivery), costs, and risks. In the following sections, each management recommendation will be evaluated for the following elements of prioritization:
• Strategic Importance and Values to Stakeholders
• Constraints, Cost and Benefits
• Risks

4.6.2 Fire Prevention
Conversion of the current fire-prone conditions at the Park is of utmost importance. The existing forest is comprised of highly flammable, water stressed trees. The vegetation, if left unmanaged, will increasingly consist of fine fuels, ladder fuels and stressed trees, making a conflagration increasingly likely. The primary goal of forest restoration at the Park is the conversion towards a sustainable urban forest that is adapted to drought and climate change and poses a low fire risk to the neighboring communities. Conversion targets should reflect the different conditions and recreational uses. The western stratum of the Park is uniquely suited to restoring the native floodplain, wetlands and riparian forest conditions that originally existed in this location. In the eastern stratum, the prevalence of recreational uses (due to the proximity to the Community Center) requires a forest conversion strategy that is compatible with these uses.

ATTACHMENT B 2083
The City will need to reexamine various forest management activities to reduce wildfire risk. These activities include:

1. Hazard tree removal and coarse fuel management (short-term, mid-term). Hazard trees, especially those of highly flammable species provide large amounts of fuel. They should be removed wherever necessary and be replaced with groups of saplings of native species that are less fire prone (e.g., oaks, sycamores, buckeye etc.).

2. Fine fuel management. Grasses and weeds can provide fine fuels that allow fires to start and traverse over open, treeless terrain. Depending on the height of these fine fuels, they may create flame lengths that reach into the crowns of trees exacerbating the speed and intensity of wildfires. Goat or sheep grazing should be implemented to remove herbaceous vegetation (grasses and weeds) after they have cured (dried). The best time to start grazing the Park is at the end of May. Stubble height after grazing should be approximately 4 to 6 inches.

3. Fuel breaks. Installing a fuel break along the Park boundary could increase the defensible space and threat to residential areas. Removing all trees and shrubs along the Park boundary should be implemented to create a fire break that is at least 100 feet wide. Setback levees can also be used as effective fire breaks where they are constructed for flood control. Implementing a fire break may also alleviate security concerns by increasing the visibility along the Park boundary.

4. Conversion from fire prone to fire resilient, native species composition. Underplanting the existing forest canopy with native species will enhance sapling survival and facilitate maintaining the ecosystem service benefits (e.g., urban cooling, carbon sequestration, pollution removal).

Where possible, improvements to the hydrology of the site should be considered as the most resilient and least management-intensive long-term strategy. The City may want to consider establishing a natural floodplain and a series of connected wetlands in the western portion of the Park, where conditions are most conducive to this kind of restoration. Resulting changes in the forest structure and composition towards a native Great valley Riparian Forest will contribute to fire resilience and lower management costs.

5. Creating fire-safe conditions at the Park will require the development a prescriptive action plan incorporating ecological assessment, fire behavior and fuel modeling. The plan should make recommendations for where initial fuel treatments should be focused and emphasizes the importance of repeated treatments over the long term to ensure undesirable vegetation does not grow back.

Strategic Importance and Values to Stakeholders.Urban parks have the potential of creating a fire risk and liability for municipalities unless managed properly to reduce fuels and increase fire resilience. Triggered by an increasing frequency of devastating or catastrophic fires in the WildlandUrban Interface, wildfire fuel management is shifting rapidly in the western United States. Due to drought and climate change, wildfires are burning faster and hotter, are behaving more unpredictably than ever before and are often occurring year-round in the West. Large public landowners, such as cities and park districts must adjust their investments and roles in meeting this new challenge.

ATTACHMENT B 2084
Constraints, Costs and Benefits.Urban environments create challenging conditions for tree growth.

Exposure to pollutants, high temperatures, and extreme drought reduce growth and tree health.

Vandalism and incompatible recreational uses may reduce tree survival. Proper maintenance is critical to a thriving urban forest, but it demands time, resources, and coordination from municipal governments. It may also be difficult to prioritize among multiple competing projects when funds are limited A commitment to year-round sustainable forest management and fire risk prevention is expensive and an ongoing cost, for which the City may seek voter-approved funding, state and federal grants, and partnerships. Urban trees are often viewed as a financial burden or risk, but the benefits they provide may be poorly understood and undervalued by the public and by decisionmakers. Thus, it is important to clearly identify the Ecosystem Service benefits associated with each management action.

Risks.The risk of maintaining the status quo is high. Current drought conditions, a changing climate, and an increased public presence at the Park will all contribute to an elevated risk of a catastrophic fire originating from the Park. Conversely, reducing the fire risk and increasing the resilience of the urban forest at the Park will enhance public safety.

4.6.3 Wetland Restoration
The primary goal of wetland restoration is to restore native ecosystem functions and values to promote resilience, biodiversity and species conservation. Relatively intact wetland and floodplain ecosystems are the keystone for managing multiple natural hazards, such as flooding, drought and fire. Currently, the area of the Park is at risk of 7-foot increases in water surface elevation above existing conditions, which will stress levees and result in overtopping and extensive flooding within the next decades (Maendly 2018).

4.6.3.1 Ponds 1 Through 4
Wetland restoration at the western portion of the Park is recommended and would include the following modifications to Ponds 1 through 4:
• Remove river sediment from the ponds to a depth that will allow the storage of rainwater for at least several months, and possibly a recharging connection to the groundwater table. • Establish natural channels instead of the existing culverts. The purpose of creating natural channels in the between Ponds 1 through 4 is to reverse the alteration of channel form, changes in flow regimes and siltation.
• Restore natural riparian vegetation along the functioning wetlands. Re-establishing a riparian forest along the restored wetlands will aid in promoting biodiversity, special-status species habitat and fire resilience.
• Reconnect the wetlands with high-water flows from French Camp Slough and the San Joaquin River to enlarge the river’s floodplain, accommodating predicted peak flows. Creating a fully functional floodplain at the Park will require breaching or modifying the existing levee along the western portion of the Park and creating a setback levee along the northern boundary of the Park along Houston Avenue. Channels could be excavated to connect to French Camp Slough ATTACHMENT B 2085
and the San Joaquin River to accommodate peak flows that would spill into the oxbow wetlands, recharging water levels and providing nutrient flows. Depending on the design, such a floodplain could accommodate 2-year to 10-year floods.

Strategic Importance and Values to Stakeholders. Wetlands at the Park should be enhanced to provide major flood protection, enhanced hydrological processes and biodiversity benefits. The benefits translate in direct Ecosystem Services to the visitors and neighbors of the Park, including protection from flood and fire, urban cooling, pollution removal, recreational values, aesthetic and spiritual enrichment, and carbon sequestration. In addition, mitigation opportunities could aid the City in effectively offsetting impacts of other projects (onsite and offsite).

Constraints, Costs and Benefits. Wetlands have numerous and widespread benefits. However, many of the goods and services wetlands provide have little or no market value. Because of this, the benefits produced by wetlands accrue primarily to the general public. The challenges associated with restoring natural ecosystem processes in wetlands at the Park include:

1. the current hydrological separation from adjacent stream (i.e., French Camp Slough) flows and the location and condition of the current levee.

2. the lack of a continuous stream channel linking the individual ponds to convey water; and

3. the existing shallow ponds that are not suitable to maintain sufficient inundation to support wetland vegetation communities.

Channel restoration only applies to Ponds 1 through 4, as they are disconnected from Pond 5.

Alteration of the current wetlands will require extensive review and permitting, and potential mitigation pursuant to Section 404 of the CWA. Early involvement of the ACOE; the USEPA; the Department of the Interior, USFWS; the Department of Commerce, National Oceanic and Atmospheric Administration, the CDFW, and the California Department of Water Resources will be advantageous. Many federal and State priorities related to flood control, water quality and wetland conservation overlap with a potential restoration of wetlands and/or floodplains at the Park and federal and State funding is available.

4.6.3.2 Options for Pond 5
Restoration of Pond 5 would entail removing sediment and invasive species along its edges.

Converting Pond 5 to a public fishing pond would require costly shore hardening, installing drains, aeration and a domestic water supply. Maintenance demands of public fishing ponds is generally high and will likely involve annual vegetation management, repair of hardened shore and trails, and restocking of the pond with live, catchable fish. A preferred alternative would create a skate or BMX park, by installing hardened surfaces (concrete for a skatepark, decomposed granite for a BMX park). This would require the installation of drains to remove standing water after a rain event.

Compensatory mitigation for the loss of the entire 2.6-acre wetland would be required. Reducing the footprint of Pond 5 might be desirable. It is likely that the restoration of Ponds 1 through 4 in the western portion of the Park could produce the required amounts of fill from de-sedimentation, and channel creation.

ATTACHMENT B 2086

4.6.4 Wildlife Conservation
Conservation strategies guide conservation efforts for target species in a given area. At the Park, the wildlife conservation strategy focuses on a) native plants and animals; b) establishment of suitable habitat; and c) implementation of beneficial management practices. The overall goal of the wildlife conservation strategy is to restore, enhance and maintain wildlife habitat for native species to increase the resilience, biotic integrity and public viewing enjoyment. A secondary goal is to enhance wildlife habitat for special-status species with the goal of providing mitigation opportunities for the city, to offset impacts to these species elsewhere.

Major wildlife conservation objectives to consider in the redevelopment of the Van Buskirk Golf Course include:
• Support of rare, special-status and other protected species, including grassland and burrowing owl restoration, protection and enhancement of Swainson’s hawk foraging and nesting habitat, enhancement of Valley Elderberry Longhorn Beetle habitat, bat habitat conservation and enhancement of pollinator and butterfly habitat.
• Habitat enhancement. Management of urban forests, floodplains and riparian habitats should create a multi-story canopy with high diversity. Retention of snags and “dead and down” woody debris (wherever possible) is important to maintain a functioning forest habitat. Habitat enhancement will increase biodiversity and support the goal of “Keeping common species common.”
• Aggressive management of invasive species. All areas of the Park, but primarily wetlands should be kept free of invasive species as much as possible. That includes non-native animals such as released pet turtles, goldfish and feral domestic animals. Public information on the detrimental effects of these species should be provided in informational signage and interpretive displays.

An important element of the wildlife conservation strategy is the creation of habitat mitigation credits for use by the City or the San Joaquin HCP. Habitat mitigation is the preservation, enhancement, restoration or creation of wetlands or streams to offset, or compensate for, expected adverse impacts to similar habitat types due to land development activities within the city or county.

The goal of mitigation is to replace the exact function and value of specific habitats (e.g., biodiversity, flood abatement, fish habitat) that would be adversely affected by a proposed development project ideally on land within the same watershed. Many habitat mitigation projects are linked to transportation projects where habitat was impacted due to road work. Typically, mitigation must be achieved prior to creating any impacts. Therefore, mitigation is often needed on a short term to not impact project implementation. Mitigation projects often will restore the mitigation site and provide funding for in-perpetuity management and monitoring. This guaranteed funding makes mitigation projects the ideal vehicle to create sustainable and functioning habitat at the Park. Thus, mitigation for wetland impacts could be an integral part of the Master Plan for Van Buskirk Park.

U.S. federal and State regulations in California require compensatory mitigation for impacts to aquatic resources, including wetland restoration. The federal CWA includes Sections 404 and 401, ATTACHMENT B 2087
which regulate dredge and fill into Waters of the U.S. The ACOE is the implementing agency of Section 404 of the CWA. In California, implementation of Section 401 of the CWA is delegated to the State RWQCB. State regulations that protect aquatic resources include the Porter Cologne Water Quality Act or California Water Code, implemented by the State RWQCBs and Section 1600 of the Fish and Game Code, implemented by CDFW. The ACOE, RWQCB, and CDFW, in enforcing the respective regulations, require compensation (mitigation) for loss or impact to aquatic resources acreage and functions.

To achieve the goal of “no net loss” of aquatic resources, the ACOE requires compensatory mitigation for impacts to aquatic resources that cannot be avoided or minimized. The State RWQCBs and CDFW will often require compensatory mitigation for unavoidable impacts to aquatic resources similar to what is required by the ACOE because they have not developed a current formal mitigation rule. Overall, regulatory agencies require some form of compensatory mitigation for unavoidable impacts to aquatic resources, including riparian wetlands. Forms of compensatory mitigation include permittee-responsible mitigation, purchasing credits from an agency-approved mitigation bank, and paying into an in-lieu fee program (in which fees collected are to fund future large-scale mitigation projects). Potential mitigation credits generated from restoration of natural habitat at the Park include:
• Wetlands
• Riparian vegetation
• Elderberry bushes
• Delta smelt habitat
• Swainson’s hawk breeding and foraging habitat
• Burrowing owl breeding and foraging habitat
Restoration of wildlife habitat could provide important benefits to the City for creating mitigation “credits.” For example, establishing burrowing owl nesting habitat at the Park could be used to offset impacts to burrowing owl nesting habitat by other development projects within the city.

Valley Elderberry Longhorn beetle is already at the site; hence, planting valley elderberry bushes as part of the restoration may create credits for impacts elsewhere on this species. In addition, the site could be an attractive recovery site (upon restoration) for the riparian brush-rabbit (Sylvilagus bachmani riparius), a species listed under CESA since 1994 and listed endangered by the USFWS since 2000. The riparian brush-rabbit is a small, brownish cottontail-like rabbit with a white belly, relatively short ears, and small inconspicuous tails. The riparian brush rabbit can be distinguished from other subspecies by the relatively pale color, gray sides, and darker back. The threats impacting their decline include habitat loss to agricultural development, rodenticides, environmental elements such as catastrophic floods and fires, and deleterious genetic trends associated with small populations. Herbaceous forbs at the edge of shrub cover appear to be an important habitat feature, providing both cover and forage. Important forb species include mugwort (Artemisia douglasiana), stinging nettle (Urtica dioica), and gumplant (Grindelia camporum). Critical to their survival is the presence of trees and shrubs that grow to varying heights above periodic floods during temporary high-water conditions. Habitat modifications at the Park to benefit the ATTACHMENT B 2088
riparian brush rabbit include the creation of newly constructed high elevation earthen mound refugia and efforts to plant vegetation on upper slopes of levees to provide cover and forage for rabbits retreating from flooded lowlands.

Once the preferred options for restoration at the Park have been determined, a detailed restortion and mitigation concept plan should be developed, identifying opportunities for on-site mitigation of project impacts and opportunities for mitigating off-site impacts.

ATTACHMENT B 2089

5.0 REFERENCES
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Bedsworth, L., D. Cayan, G. Franco, L. Fisher, and S. Ziaja. (California Governor’s Office of Planning and Research, Scripps Institution of Oceanography, California Energy Commission, California Public Utilities Commission). 2018. Statewide Summary Report. California’s Fourth Climate Change Assessment. California Department of Conservation. 2021. Farmland mapping and Monitoring Program. Website: www.climateassessment.ca.gov/ (accessed August 19, 2021).

Bendix, J. and M. G. Commons. 2017. Distribution and frequency of wildfire in California riparian ecosystems. Environ. Res. Lett. 12.

California Department of Conservation. 2018. Carbon in Riparian Ecosystems Estimator for California (CREEC). Online tool available at creec.conservation.ca.gov/home.

California Department of Fish and Game. 2012. Staff Report on Burrowing Owl Mitigation. Available online at: nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=83843 (accessed July 29, 2021).

California Fish and Game Code – FGC 1385 – 1391; California Riparian Habitat Conservation Program.

California Native Plant Society, Rare Plant Program. 2020. Inventory of Rare and Endangered Plants of California (online edition, v8-03 0.38). Website: www.rareplants.cnps.org (accessed November 19, 2020).

Courty, L. & Chetehouna, Khaled & Garo, J.P. & Viegas, Domingos. 2010. A volatile organic compounds flammability approach for accelerating forest fires. WIT Transactions on Ecology and the Environment. 137. 10.2495/FIVA100201.

Dean S.J., P.M. Holmes, P.W. Weiss. 1986. Seed biology of invasive alien plants in South Africa and Southwest Africa/Namibia. In: Macdonald IAW, Kruger FJ, Ferrar AA (eds.), The Ecology and Management of Biological Invasions in Southern Africa. Cape Town, South Africa: Oxford University Press, 157-170.Dybala, Kristen & Matzek, Virginia & Gardali, Thomas & Seavy, Nathaniel. (2018). Carbon sequestration in riparian forests: A global synthesis and metaanalysis. Global Change Biology.

Estep, J.A. 1989. Biology, Movements, and Habitat Relationships of the Swainson's Hawk in the Central Valley of California, 1986–1987. California Department of Fish and Game, Nongame Bird and Mammal Section, Sacramento, CA. USA.

Fonda, R.W., L.A. Belanger, L.L. Burley. 1998. Burning characteristics of western conifer needles.

Northwest Science. 78: 322–333.

ATTACHMENT B 2090
Holstein G. 1984. California Riparian Forests: deciduous islands in an evergreen sea California Riparian Systems: Ecology, Conservation, and Productive Management ed. R E Warner and K M Hendrix (Berkeley, CA. University of California Press) pp 2–22.

Lorenz, A.W., T. Korte, A. Sundermann, K. Januschke, P. Haase. 2012. Macrophytes respond to reachscale river restorations. Journal of Applied Ecology 49: 202-212.

Lowe, S., M. Browne, S. Boudjelas, and M. DePoorter. 2000. 100 of the World’s Worst Invasive Alien Species: A selection from the Global Invasive Species Database. A publication of the Invasive Species Specialist Group (ISSG) of the world Conservation Union (IUCN) 12pp. Available online at: www.issg.org/pdf/publications/worst_100/english_100_worst.pdf (accessed August 19, 2021).

Maendly, R. 2018. Development of Stage-Frequency Curves in the Sacramento-San Joaquin Delta for Climate Change and Sea Level Rise. California’s Fourth Climate Change Assessment. August.

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Nowak, David J.; Hoehn, Robert E. III; Crane, Daniel E.; Stevens, Jack C.; Leblanc Fisher, Cherie. 2010.

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Newtown Square, PA: U.S. Department of Agriculture, Forest Service, Northern Research Station. 27 p.

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oehha.ca.gov/calenviroscreen/report/calenviroscreen-30 (accessed May 4, 2021).

Orange County Fire Authority. 2020. Vegetation Management Guideline: Technical Design for New Construction Fuel Modification Plans and Maintenance Program. Guideline C-05. Available online at www.ocfa.org/Uploads/CommunityRiskReduction/OCFA%20Guide-C05-Fuel%20 Modification.pdf (accessed July 29, 2021).

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Skinner, M.W., and B.M. Pavlik, eds. 1994. Inventory of rare and endangered vascular plants of California. CNPS Special Publication No. 1 (Fifth Edition). Sacramento. CA. vi + 338 pp.

ATTACHMENT B 2091
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Whitelock; I.J. Geary; K.J.L. Maurin; and T.J. Curran. 2015. A quantitative assessment of shoot flammability for 60 tree and shrub species supports rankings based on expert opinion.

International Journal of Wildland Fire 25, 466-477.

ATTACHMENT B 2092
Van Buskirk Park
Master Plan
City Council Meeting Agenda Item 15.1August 22, 2023
2093
Area Context
ParksSchools
2094
Van Buskirk
Master Plan
2095
Biological
Resources and Ecosystem Values of the Van Buskirk Golf Course: A Re-Use Study 2096
What We’ve Heard
Develop a long-term
sustainable park
Activate the park through
diverse recreation and park
amenities
Create gathering spaces that
encourage community
ownership and investment
2097
Alternatives
• Three Alternatives • Similar program • Active areas adjacent to community center and club house
• Western portion: Low impact recreation and
restoration
2098
Master Plan
2099
East Enlargement
2100
2101
Central Enlargement
2102
2103
West Enlargement
2104
2105
Preliminary Opinion of Costs
2106
Preliminary
Opinion of Costs PAY ITEM Description Extended Total Amount A Basketball Courts $884,375
B Skate Park $3,967,500
C BMX Track and Bike Trail $3,989,375
D Community Garden $3,418,750
E Multipurpose Lawn and Water Plan $5,503,125
F Disc Golf $2,425,000
G Golf Academy $8,156,250
H Pickleball Courts $1,181,000
I Event Area $1,825,000
J Playground and Adventure Playground $1,790,625
K Community Facilities/ Event Staging $12,325,125
L Dog Park $2,400,625
M Trails and Fitness Loop $9,103,770
N Neighborhood Park ‐ West End $1,066,875
O Linear Park $6,967,500
P Parking Area 1 ‐ Near Community Center $1,422,500
Q Parking Area 2 ‐  Near Multi Purpose Lawn & Playground $2,053,750 R Parking Area 3 ‐ Near Event Area $1,070,000
S Parking Area 4 ‐ Rennovation of Existing Parking $1,527,500 Total Extended Cost $71,078,645
The Total Extended Cost only considers installation of amenities. Additional costs related to site clearing, site preparation, utilities, and infrastructure buildout will be calculated as the City moves forward with engineering and construction.
2107
Implementation
Available funding Environmental Impact Community Priorities Partnerships• Public Private Partnerships• USACE & SJAFCA• Stockton Unified School District • American Golf Foundation • First Tee • Edible Schoolyard • American Rivers • Trust for Public Land 2108
Thank You
Questions & Comments
2109
City of Stockton
Legislation Text
File #: 23-0591, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE MIRACLE MILE RECTANGULAR RAPID FLASHING

BEACON IMPROVEMENTS PROJECT

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

1. Approve Notice of Exemption No. NOE18-23 under the California Environmental Quality Act for the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052.

2. Approve the plans and specifications for the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052.

3. Award a Construction Contract in the amount of $189,263.25 to McFadden Construction, Inc. of Stockton, CA, for the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052.

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 install rectangular rapid flashing beacons, construct bulb outs, upgrade curb ramps to current Americans with Disabilities Act (ADA) standards, and improve crosswalk striping at Pacific Avenue and Adams Street. The project will also upgrade the streetlight fixture to current City standards along Pacific Avenue from Castle Street to Harding Way (Attachment A). Construction is anticipated to be completed by winter 2023.

On June 1, 2023, the City received eight bids for this project. Staff recommends award of the Construction Contract to the lowest responsible bidder, McFadden Construction, Inc., in the amount of $189,263.25. Staff also recommends that Council adopt a resolution approving Notice of Exemption No. NOE18-23 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.

DISCUSSION
Background
On November 16, 2021, by Resolution No. 2021-11-16-1501, Council approved $300,000 for installation of various upgrades and safety improvements along the Miracle Mile Improvement District.

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On May 24, 2022, by Motion No. 2022-05-24-1502, Council approved an additional $500,000 in American Rescue Plan Act funds to supplement the in-progress investment in the ongoing improvement of traffic, safety hazards, parking, and lighting improvements within the Miracle Mile District.

The project will install rectangular rapid flashing beacons, construct bulb outs, upgrade curb ramps to current ADA standards, and improve crosswalk striping at Pacific Avenue and Adams Street.

Rectangular rapid flashing beacons are a pedestrian-activated warning device that flashes lights to alert approaching traffic that a bicyclist or pedestrian is trying to cross the street. The project will also upgrade the streetlight fixture to current City standards along Pacific Avenue from Castle Street to Harding Way (Attachment A).

This project and remaining funds will be coordinated closely with the recent $20 million secured for pedestrian crossings, public safety improvements, and revitalization efforts along the Miracle Mile made possible through the 2022 California Budget Act Assembly Bill 179 (AB 179). Currently, the California Department of Transportation (Caltrans) is partnering with the City of Stockton, California State Assemblymember Carlos Villapudua, and local community members to form an Ad Hoc Work Group seeking input and recommendations for the Miracle Mile Public Safety Improvement & Revitalization Project.

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 engineer’s estimate was under $1 million.

Present Situation
On May 9, 2023, the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No.

WT22052, was advertised for bids. On June 1, 2023, eight bids were received with the following results:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
McFadden Construction, Inc. $189,263.25 $185,477.99
(Stockton, CA)
B&M Builders, Inc. $191,255.00 $191,255.00
(Rancho Cordova, CA)
Xcel Engineering $199,144.00 $199,144.00
(Fresno, CA)
FBD Vanguard Construction, Inc. $233,105.00 $233,105.00 (Livermore, CA)
Franco Engineering, Inc. $238,191.25 $238,191.25
(Tracy, CA)
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Ray Electric $317,786.25 $317,786.25
(Oakland, CA)
LUMA Builders $348,245.00 $348,245.00
(Oakley, CA)
St. Francis Electric, LLC $359,933.00 $359,933.00
(San Leandro, CA)
Engineer’s Estimate $227,875.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from McFadden Construction, Inc., the lowest responsible bidder, is regular in all respects.

McFadden Construction, Inc. 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 McFadden Construction, Inc. of Stockton, CA, in the amount of $189,263.25.

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

NOE18-23 under CEQA.

Construction is anticipated to be completed by winter 2023.

FINANCIAL SUMMARY
There are sufficient funds available in the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052, Account No. 4570-000-800007-300-301-30-45-000-000, to award a Construction Contract to McFadden Construction, Inc. in the amount of $189,263.25.

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

Attachment A - Vicinity Map
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- VICINITY MAP -

MIRACLE MILE

RECTANGULAR RAPID FLASHING BEACON IMPROVEMENTS
City Project No. WT22052
Project Location
LEGEND:

PROJECT LOCATION
ATTACHMENT A 2113
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE18-23,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE MIRACLE MILE RECTANGULAR RAPID FLASHING BEACON IMPROVEMENTS, PROJECT NO. WT22052
On June 1, 2023, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052; and The project will install rectangular rapid flashing beacons, construct bulb outs, upgrade curb ramps to current Americans with Disabilities Act standards, and improve crosswalk striping at Pacific Avenue and Adams Street. The project will also upgrade the streetlight fixture to current City standards along Pacific Avenue from Castle Street to Harding Way; and
McFadden Construction, Inc. is the lowest responsible bidder in the amount of $189,263.25, and its bid is regular in all respects; and The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE18-23 under CEQA for the Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052, 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 Miracle Mile Rectangular Rapid Flashing Beacon Improvements, Project No. WT22052.

3. The City Council awards a Construction Contract between the City of Stockton and McFadden Construction, Inc., in the amount of $189,263.25, 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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4. 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 August 22, 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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EXHIBIT 1 2116
Local Construction Contract – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (Updated 04/24/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between MCFADDEN CONSTRUCTION, INC., a STATE OF CA CORPORATION, with a business address at 3817 EAST FARMINGTON ROAD, STOCKTON, CA 95215, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of MIRACLE MILE RECTANGULAR RAPID FLASHING BEACON IMPROVEMENTS (PROJECT NO.

WT22052), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and 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 perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $189,263.25, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (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 insurance coverage requirements and/or limits shall be available to the Additional Insured.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance 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 selfinsurance 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 insurance policy and endorsements.

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

CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (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 endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. With the exception that this section shall in no event be construed to require indemnification by Contractor to a greater extent than permitted under the public 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, State, 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 forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With exception that this section shall in no event be construed to require indemnification, including the duty to defend, by Contractor to a 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (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, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (Updated 04/24/23)

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 45 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 THREE THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($3,200) 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 be 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (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 VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City 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 shall 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. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (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 ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual 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 laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (Updated 04/24/23)
iv. The CONTRACTOR 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 administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good 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
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of 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 – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (Updated 04/24/23)

10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require 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.

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.
//
//

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Local Construction Contract – MCFADDEN CONSTRUCTION, INC. – PROJECT NO. WT22052 (Updated 04/24/23)
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:

MCFADDEN CONSTRUCTION, INC.

By:

DEPUTY CITY ATTORNEY
Tax Identification No.

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EXHIBIT A Page 11 of 31 EXHIBIT 2 2127
EXHIBIT A Page 12 of 31 EXHIBIT 2 2128
REV 2022‐05‐17
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

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

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

4. Surety Bonds as described below.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Umbrella or Excess Policies
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 EXHIBIT B Page 15 of 31 EXHIBIT 2 2131
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coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

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

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

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

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

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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1 BOND FOR LABOR AND MATERIAL
KNOW ALL MEN BY THESE PRESENTS:

That we, MCFADDEN CONSTRUCTION, INC. a STATE OF CA
CORPORATION), as Principal and , a
corporation, organized and existing under the laws of the State of __ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, 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 ONE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED SIXTYTHREE AND 25/100 DOLLARS ($189,263.25), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

MIRACLE MILE RECTANGULAR RAPID FLASHING BEACON IMPROVEMENTS (PROJECT NO. WT22052)
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 EXHIBIT 2 2148
2 contracted to be done, or for any work or labor done thereon of any kind, the Surety on 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 .

APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 2149
3 BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, MCFADDEN CONSTRUCTION, INC. a STATE OF CA
CORPORATION), as Principal and , a
corporation, organized and existing under the laws of the State of __ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of ONE HUNDRED EIGHTY-NINE THOUSAND TWO HUNDRED SIXTY-THREE AND 25/100 DOLLARS ($189,263.25), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal 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:

MIRACLE MILE RECTANGULAR RAPID FLASHING BEACON IMPROVEMENTS (PROJECT NO. WT22052)
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, and consent by said Surety is hereby given, and the said Surety hereby waives the EXHIBIT 2 2150
4 provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on
APPROVED AS TO SURETY: By:

PRINCIPAL
SURETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

ATTORNEY-IN-FACT
By:

DEPUTY CITY ATTORNEY
EXHIBIT 2 2151
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City of Stockton
Legislation Text
File #: 23-0581, Version: 1

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER AND CHIEF FINANCIAL

OFFICER, ACTING ALONE, TO PURCHASE BONDS IN THE OPEN MARKET ISSUED BY THE

STOCKTON PUBLIC FINANCING AUTHORITY, WATER REVENUE REFUNDING BONDS, SERIES 2019A (FEDERALLY TAXABLE); TAKE ALL STEPS NECESSARY TO DOCUMENT THE PURCHASE AND TO CANCEL THE PURCHASED BONDS; AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF UP TO $14.0 MILLION TO COMPLETE THE PURCHASE IN

THE EVENT OTHER OWNERS WISH TO PARTICIPATE

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

1. Granting the City Manager and Chief Financial Officer, acting alone, the authority to purchase, in the open market, bonds issued by the Stockton Public Financing Authority, Water Revenue Refunding Bonds, Series 2019A (Federally Taxable) in the currently identified approximate principal amount of $9.6 million;

2. Take all steps necessary to document the purchase and to cancel the purchased bonds; and

3. Approving a budget appropriation of up to $14.0 million in the Water Utility Fund to complete the purchase in the event other owners wish to participate.

Summary
In November 2019, the Stockton Public Financing Authority (the “Authority”) issued the 2019A Bonds in the amount of $54,785,000. The 2019A Bonds refunded bonds issued in 2013 in the original amount of $54,135,000, of which $53,270,000 was outstanding at the time of the refunding.

There is currently $53,140,000 in 2019A Bonds outstanding.

Due to market outflows and Federal Reserve interest rate actions, yields have risen significantly in the U.S. Treasury market since the summer of 2020. There is now an opportunity to purchase, at a significant discount using cash from the Water Utility Fund, a portion of the 2019A Bonds and to cancel the bonds purchased. The purchase and cancelation is estimated to save the Water Utility Fund between $2 and $3 million in the long-term.

DISCUSSION
Background
The Stockton Public Financing Authority (“Authority”) issued Water Revenue Bonds, Series 2010A (Delta Water Supply Project) (the “2010A Bonds) in the original amount of $55,000,000 as variable City of Stockton Page 1 of 4 Printed on 8/17/2023
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rate demand obligations with a letter of Credit from Union Bank. The 2010A Bonds were originally issued to finance the costs of designing, constructing, acquiring, and installing certain additions and improvements for the Delta Water Supply Project, make a deposit in the Reserve Fund, fund interest on a portion of the Series 2010A bonds during construction, and pay the costs of issuing the Series 2010A bonds.

During the City’s Chapter 9 case, Union Bank expressed a desire not to renew the letter of credit. On November 26, 2013, the City converted the Series 2010A bonds from variable rate mode to fixed rate mode with interest rates ranging from 4.00 to 6.25%.

In November 2019, the Authority issued the 2019A Bonds in the amount of $54,785,000. The 2019A Bonds advance refunded, on a taxable basis, the 2010A Bonds originally issued in 2010 and converted to fixed rates in 2013. Currently there is $53,140,00 in 2019A Bonds outstanding.

The Tax Cuts and Jobs Act of 2017 eliminated the ability for issuers to refund, on a tax-exempt basis, bonds in advance of their call date. This is commonly known as an advance refunding.

However, bonds may be refunded tax-exempt within 90 days of their call date, a structure which is commonly known as a current refunding. The 2019A Bonds are not callable until October 1, 2029, meaning a tax-exempt advance refunding is not currently permitted until July 1, 2029. However, should buyers tender their bonds today, a refunding of the 2019A Bonds can be issued on a taxexempt basis and could generate significant savings. Refer to Attachment A - Detailed Savings Calculation.

Earlier this year, City finance staff began exploring the opportunity to create a tender program whereby the City would hire Hilltop Securities (the “Underwriter’) and D.F. King (the “Tender Agent”) to notice the market that the City and Authority would be interested in purchasing the 2019A Bonds from the current holders in anticipation of issuing Water Revenue Refunding Bonds on a tax-exempt basis. The Tender Agent identified some of the current holders of the 2019A Bonds and the Underwriter reached out to the current holders to discuss their interest in tendering their 2019A Bonds.

Present Situation
There continues to be significant outflows of money from mutual funds, often requiring the funds to sell their bonds to generate the cash to redeem shares. In addition, due to Federal Reserve interest rate actions, yields have risen in the U.S. Treasury market significantly since the summer of 2020, by as much as 2.70% (270 basis points) to 3.20% (320 basis points). This means the 2019A Bonds that were originally issued with coupons and yields ranging from 2.274% to 3.610% are now yielding significantly higher and therefore are trading at a significant discount.

During the tender process, the Underwriter identified owners interested in tendering $9.6 million of the 2019A Bonds maturing in 2040 at an original yield of 3.61%. The owners have tentatively agreed to sell their holdings of the 2019A Bonds at an average purchase price of $86.464 or an approximate yield of 4.81%. The City was hoping for a much larger tender participation making a tax-exempt refunding of these bonds economically feasible. The tender and subsequent issuance of new bonds, while still economically feasible, is not large enough to generate significant cash flow savings to justify issuing new bonds.

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While the originally planned tender program did not work out, the City can take advantage of the market conditions by purchasing and canceling a portion of the 2019A Water bonds. Given the significantly discounted purchase price, City staff, in consultation with the City’s Municipal Advisor, conclude that a purchase and cancellation of the identified bonds provides a significant economic benefit. The cancellation of the purchased 2019A Bonds would allow the City to forego principal and interest payments to October 1, 2040, eliminating $15,153,624 of future debt service (based on purchasing principal of $9.6 million). If we assume there is an opportunity cost of the cash used to purchase the bonds at pooled cash rates ranging from 2.00% to 3.00%, the net present value benefit of the purchase ranges as follows:

Discount
Rate
Net Present Value
Benefit
Net Present Value
Savings Percentage (*)

2.00% $3,267,153.98 34.03%

2.50% $2,582,442.68 26.90%

3.00% $1,947,001.49 20.28%
Note: (*) Net Present Value Benefit divided by the $9.6 million of 2019A Bonds Purchased.

Attachment A shows the foregone debt service on the currently identified $9.6 million of bonds which equates to overall savings in the amount of $15,153,624, with a net benefit of $6,590,389.33 (after $8,563,234.67 in cash is deducted to make the purchase and cover the associated issuance costs) and the net present value savings and percentages at certain assumed pooled cash earnings rates ranging from 2.00% to 3.00%.

The City will complete the tender process and serve notice to the owners that the City is willing to purchase bonds up to a total not-to-exceed purchase price of $14.0 million (inclusive of any costs associated with the purchase). Should the City have one or more of the currently identified owners drop out or the City picks up additional owners willing to sell, the not-to-exceed $14 million authority gives the City flexibility to gain additional economic benefit. The Water Utility Fund has sufficient available cash to fund the purchase.

FINANCIAL SUMMARY
The purchase of the currently identified $9.6 million of purchased bonds will annually free up approximately $347,000 per year through FY 2035, $980,000 in FY 2036, $515,000 in FY 2037, $513,000 in FY 2038, $3,397,000 in FY 2039, $3,402,000 in FY 2040 and $2,189,000 in FY 2041.

The savings identified in Attachment A also assume $100,000 in costs of issuance which is a conservative estimate as the actual budget is yet to be determined.

The identified savings are only estimates and will require a determination of the willingness of the currently identified owners to sell their holdings, any other holders that wish to participate and the final negotiated price of each purchase.

This transaction was not anticipated in the FY 2023-24 Annual Budget, so a budget appropriation is required from the Water Utility Fund available balance to complete the purchase. Since more owners City of Stockton Page 3 of 4 Printed on 8/17/2023
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may be identified when the City offers to purchase the bonds, a not-to-exceed amount of $14.0 million from Water Utility Fund reserves is recommended to fund the purchase.

There is no impact on the City’s General Fund or any other unrestricted fund because of taking the recommended action.

Attachment A - Detailed Savings Calculations
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STOCKTON PUBLIC FINANCE AUTHORITY
Cash Defeasance of Water Revenue Refunding Bonds, Series 2019A Preliminary / Subject to Change - For discussion purposes only Par Amount of Bonds…...................................................... $ 9,600,000.00 Purchase Price of Bonds…............................................... 8,300,544.00 $86.464 Average Tender Price Accrued Interest…....................................................... 162,690.67 Redemption Amount…......................................................... 8,463,234.67 Redemption Amount…................................................... 8,463,234.67 Return on Cost of Issuance…........................................................... 100,000.00 Investment Total Cash Required…............................................................. $ 8,563,234.67 4.81% Total Semi-Annual Annul
Date Principal Coupon Interest Debt Service Cash Flow Cash Flow 9/20/2023 Cash contribution from the City, cash outflow so amount is negative (8,563,234.67) (8,563,234.67) 10/1/2023 173,280.00 173,280.00 173,280.00
4/1/2024 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2024 173,280.00 173,280.00 173,280.00
4/1/2025 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2025 173,280.00 173,280.00 173,280.00
4/1/2026 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2026 173,280.00 173,280.00 173,280.00
4/1/2027 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2027 173,280.00 173,280.00 173,280.00
4/1/2028 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2028 173,280.00 173,280.00 173,280.00
4/1/2029 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2029 173,280.00 173,280.00 173,280.00
4/1/2030 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2030 173,280.00 173,280.00 173,280.00
4/1/2031 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2031 173,280.00 173,280.00 173,280.00
4/1/2032 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2032 173,280.00 173,280.00 173,280.00
4/1/2033 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2033 173,280.00 173,280.00 173,280.00
4/1/2034 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2034 173,280.00 173,280.00 173,280.00
4/1/2035 173,280.00 173,280.00 173,280.00 346,560.00
10/1/2035 645,000.00 3.610% 173,280.00 818,280.00 818,280.00 4/1/2036 161,637.75 161,637.75 161,637.75 979,917.75
10/1/2036 195,000.00 3.610% 161,637.75 356,637.75 356,637.75 4/1/2037 158,118.00 158,118.00 158,118.00 514,755.75
10/1/2037 200,000.00 3.610% 158,118.00 358,118.00 358,118.00 4/1/2038 154,508.00 154,508.00 154,508.00 512,626.00
10/1/2038 3,145,000.00 3.610% 154,508.00 3,299,508.00 3,299,508.00 4/1/2039 97,740.75 97,740.75 97,740.75 3,397,248.75
10/1/2039 3,265,000.00 3.610% 97,740.75 3,362,740.75 3,362,740.75 4/1/2040 38,807.50 38,807.50 38,807.50 3,401,548.25
10/1/2040 2,150,000.00 3.610% 38,807.50 2,188,807.50 2,188,807.50 4/1/2041 - - - 2,188,807.50
$ 9,600,000.00 $ 5,553,624.00 $ 15,153,624.00 $- $ 15,153,624.00 $ 15,153,624.00 Present Value benefit at discount rate of 2.00% 3,267,153.98 Present Value benefit at discount rate of 2.50% 2,582,442.68 Present Value benefit at discount rate of 3.00% 1,947,001.49 Net Present Value Percentage Benefit 2.00% 34.03%
Net Present Value Percentage Benefit 2.50% 26.90%
Net Present Value Percentage Benefit 3.00% 20.28%
ATTACHMENT A 2163
Resolution No.

STOCKTON CITY COUNCIL

AUTHORIZE THE CITY MANAGER AND CHIEF FINANCIAL OFFICER TO

PURCHASE BONDS IN THE OPEN MARKET ISSUED BY THE STOCKTON PUBLIC FINANCING AUTHORITY, WATER REVENUE REFUNDING BONDS, SERIES 2019A In November 2019, the Stockton Public Financing Authority (the “Authority”) issued the 2019A Bonds in the amount of $54,785,000. The 2019A Bonds refunded bonds issued in 2013 in the original amount of $54,135,000 of which $53,270,000 was outstanding at the time of the refunding. There is currently $53,140,000 in 2019A Bonds outstanding, and
Due to market outflows and Federal Reserve interest rate actions, yields have risen significantly in the U.S. Treasury market since the summer of 2020. There is now an opportunity to purchase, at a significant discount using Water Utility Fund cash, a portion of the 2019A Bonds and to cancel the bonds purchased; now, therefore,

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

1. The City Manager and Chief Financial Officer, acting alone, are granted the authority to purchase, in the open market, bonds issued by the Stockton Public Financing Authority, Water Revenue Refunding Bonds, Series 2019A (Federally Taxable) in the currently identified approximate principal amount of $9.6 million with a not-to-exceed purchase price of $14 million.

2. Staff are authorized to take all steps necessary to document the purchase and to cancel the purchased bonds.

3. A budget appropriation from the Water Utility Fund is approved in a not to exceed amount of $14.0 million to complete the purchase in the event other owners wish to participate.
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2164

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

PASSED, APPROVED, and ADOPTED August 22, 2023 .
____________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
______________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
2165
Item 15.3
City of Stockton / Stockton Public Financing Authority
Water Revenue Refunding Bonds
Series 2019
(Federally Taxable)
Tender and Purchase Program
August 22, 2023
2166
Resolution for Consideration
2 Adopt a resolution authorizing the City Manager and Chief Financial Officer, acting alone, to:• Purchase bonds in the open market issued by the Stockton Public Financing Authority, Water Revenue Refunding Bonds,Series 2019A (Federally Taxable), • Take all steps necessary to document the purchase and to cancel the purchased bonds, and
• Approve a budget amendment in the amount of up to $14.0 million to complete the purchase in the event other ownerswish to participate. 2167
Bonds Considered for Tender
Outstanding Bonds
Original
Principal
Remaining
Principal
Range of
Interest Rates
Final
Maturity
2019A* $54,785,000 $53,140,000 2.274% - 3.610% 10/1/2040 * Original amount of $55,000,000 issued in 2010, converted to fixed rate in 2013 in the amount of $54,135,000 and refunded as a taxable advancerefunding in 2019 in the amount of $54,785,000 3 2168
Current Market Considerations
4 • There continues to be significant outflows of money from mutual funds often requiring the funds to sell their bonds to generate the cash to redeem shares
• Due to Federal Reserve interest rate actions and inflation concerns, yields have risen in the U.S. Treasury market significantly since thesummer of 2020, by as much as 2.70% (270bp) to 3.20% (320bp) • This means 2019A Bonds that were originally issued with coupons and yields ranging from 2.274% to 3.610% are now yielding significantly higher meaning their dollar prices are trading at a significant discount • Originally considered issuing refunding bonds to pay for the bonds tendered to generate significant savings to the Water Utility Fund • Amount potentially tendered not significant enough to merit the costs of issuing new bonds
• Underwriter and Tender Agent identified $9.6 million in owners willing to tender
• Consider a direct purchase of the $9.6 million potential tender and budget up to $14 million in case other owners wish to participate 2169
Estimated Cash Flow Savings
5 Total Fiscal Year
Date Principal Coupon Interest Debt Service Savings
10/1/2023 173,280.00 173,280.00
4/1/2024 173,280.00 173,280.00 346,560.00
10/1/2024 173,280.00 173,280.00
4/1/2025 173,280.00 173,280.00 346,560.00
10/1/2025 173,280.00 173,280.00
4/1/2026 173,280.00 173,280.00 346,560.00
10/1/2026 173,280.00 173,280.00
4/1/2027 173,280.00 173,280.00 346,560.00
10/1/2027 173,280.00 173,280.00
4/1/2028 173,280.00 173,280.00 346,560.00
10/1/2028 173,280.00 173,280.00
4/1/2029 173,280.00 173,280.00 346,560.00
10/1/2029 173,280.00 173,280.00
4/1/2030 173,280.00 173,280.00 346,560.00
10/1/2030 173,280.00 173,280.00
4/1/2031 173,280.00 173,280.00 346,560.00
10/1/2031 173,280.00 173,280.00
4/1/2032 173,280.00 173,280.00 346,560.00
10/1/2032 173,280.00 173,280.00
4/1/2033 173,280.00 173,280.00 346,560.00
10/1/2033 173,280.00 173,280.00
4/1/2034 173,280.00 173,280.00 346,560.00
10/1/2034 173,280.00 173,280.00
4/1/2035 173,280.00 173,280.00 346,560.00
10/1/2035 645,000.00 3.610% 173,280.00 818,280.00
4/1/2036 161,637.75 161,637.75 979,917.75
10/1/2036 195,000.00 3.610% 161,637.75 356,637.75
4/1/2037 158,118.00 158,118.00 514,755.75
10/1/2037 200,000.00 3.610% 158,118.00 358,118.00
4/1/2038 154,508.00 154,508.00 512,626.00
10/1/2038 3,145,000.00 3.610% 154,508.00 3,299,508.00
4/1/2039 97,740.75 97,740.75 3,397,248.75
10/1/2039 3,265,000.00 3.610% 97,740.75 3,362,740.75
4/1/2040 38,807.50 38,807.50 3,401,548.25
10/1/2040 2,150,000.00 3.610% 38,807.50 2,188,807.50
4/1/2041 2,188,807.50
$ 9,600,000.00 $ 5,553,624.00 $ 15,153,624.00 $ 15,153,624.00 2170
Estimated Tender Results
6 Notes:(1) Includes adjustment for estimated purchase price of$8,463,234.67 and $100,000.00 estimated costs to completethe purchase(2) Net Present Value divided by the estimated $9.6 millionof 2019A Bonds Purchased Discount Rate
Net Present Value
Benefit (1)
Net Present
Value Savings
Percentage (2)

2.00% $3,267,153.98 34.03%2.50% $2,582,442.68 26.90%3.00% $1,947,001.40 20.28% 2171
Staff Recommendation
• Authorize the City Manager and Chief Financial
Officer, acting alone, to purchase bonds in the openmarket issued by the Stockton Public FinancingAuthority, Water Revenue Refunding Bonds, Series 2019A (Federally Taxable)
• Take all steps necessary to document the purchase
and to cancel the purchased bonds
• Approve a budget amendment in the amount of up to $14.0 million to complete the purchase in the event other owners wish to participate from the W
ater Utility
Fund balance
7 2172
City of Stockton
Legislation Text
File #: 23-0690, Version: 1
MEASURE W CITIZENS’ OVERSIGHT COMMITTEE ADOPTED ANNUAL REPORT OF REVENUES AND EXPENDITURES FOR FISCAL YEARS 2019-20 AND 2020-21

RECOMMENDATION
This item is an informational item submitting the Measure W Citizens’ Oversight Committee Report for Fiscal Years 2019-20 and 2020-21 to the City Council.

Summary
Stockton’s voters approved Measure W on November 2, 2004, and the City Council subsequently adopted program guidelines to implement the measure. The guidelines require an audit performed by an independent certified public accountant, and the establishment of a citizen’s oversight committee to ensure proper use of the revenues. The Measure W Citizens’ Oversight Committee has the responsibility to determine whether expenditures were made consistent with the program guidelines. Furthermore, the Committee is required to provide an annual report to the City Council.

The attached Measure W Annual Report for Fiscal Year (FY) 2019-20 (Attachment A) and Fiscal Year (FY) 2020-21 (Attachment B) is presented to the City Council in compliance with the program guidelines.

DISCUSSION
Background
On August 3, 2004, the City Council adopted a resolution which called for an election to consider enactment of The Stockton Safe Neighborhood Gang and Drug Prevention, Police/Fire Measure, also known as Measure W. The voters approved the measure on November 2, 2004. Measure W enabled the collection of a one-quarter percent sales tax specifically for police and fire services. The ordinance guidelines call for the creation and operation of a citizens’ oversight committee to ensure funds collected would be deposited and expended according to the intent of the measure. After the passage of the measure, the Council adopted guidelines for the functioning of the oversight committee and appointed members to the committee.

Present Situation
The Measure W Citizens’ Oversight Committee met regularly during the past year to review and discuss the Measure W revenues and expenditures, to receive programmatic updates from the Police and Fire Departments, to approve the annual audits by the independent certified public accountant, and to review the Annual Reports. The financial information included in the Annual Reports is based on the annual audit. City staff presented the FY 2019-20 audited Schedule of Revenues, City of Stockton Page 1 of 3 Printed on 8/17/2023
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File #: 23-0690, Version: 1
Expenditures, and Change in Fund Balance to the City’s Audit Committee and the City Council in December 2020, and the Measure W Citizens’ Oversight Committee on March 10, 2021. City staff also presented the FY 2020-21 audited Schedule of Revenues, Expenditures, and Change in Fund Balance to the City’s Audit Committee and the City Council in March 2022, and the Measure W Citizens’ Oversight Committee on February 15, 2022.

A draft FY 2019-20 Annual Report was presented to the Oversight Committee on September 7, 2021, February 15, 2022, and April 27, 2023, but could not be approved due to a lack of quorum. A draft FY 2020-21 Annual Report was also provided with the April 27, 2023, meeting agenda but could not be approved due to a lack of quorum.

The Oversight Committee subsequently approved both the Measure W FY 2019-20 and 2020-21 Annual Reports at its June 14, 2023, meeting for presentation to the City Council and the public.

FY 2019-20 Annual Report
The FY 2019-20 Annual Report (Attachment A) describes the receipt and expenditure of Measure W funds as well as compliance with requirements in the ordinance, policy, and program guidelines.

Under the current program guidelines, revenues collected from Measure W sales tax are split between Police (50%) and Fire (50%).

FY 2019-20 tax revenues totaled nearly $11.4 million, an increase of 4.8% over what was estimated in the adopted budget and 2.4% decrease than the prior year.

The Measure W expenditure budget for FY 2019-20 was approximately $10.9 million. Of this total allocation, almost $10.7 million was expended during the year, resulting in an increase to the ending available fund balance. Police and Fire salaries and benefits comprised just above 87% of the Measure W spending with Measure W covering the cost of 24 sworn positions in the Police Department and 25 firefighters in the Fire Department.

The Measure W fund balance as of June 30, 2020, was approximately $5.5 million, which is 57% of the FY 2020-21 budgeted revenue of $9.6 million. This fund balance was more than sufficient to meet the 25% program guideline reserve target. The fund balance is a reserve to ensure that the City can maintain the Measure W-funded police and fire positions during economic fluctuations.

FY 2020-21 Annual Report
The FY 2020-21 Annual Report (Attachment B) describes the receipt and expenditure of Measure W funds as well as compliance with requirements in the ordinance, policy, and program guidelines.

Under the current program guidelines, revenues collected from Measure W sales tax are split between Police (50%) and Fire (50%).

FY 2020-21 tax revenues totaled nearly $13.9 million, an increase of 44% over what was estimated in the adopted budget and 22% higher than the prior year.

The Measure W expenditure budget for FY 2020-21 was approximately $11.9 million. Of this total allocation, almost $11.2 million was expended during the year, resulting in an increase to the ending available fund balance. Police and Fire salaries and benefits comprised just above 87% of the City of Stockton Page 2 of 3 Printed on 8/17/2023
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File #: 23-0690, Version: 1
Measure W spending with Measure W covering the cost of 24 sworn positions in the Police Department and 25 firefighters in the Fire Department. Of the remaining expenditures, radio and automotive services accounted for 7%, purchase of capital equipment, general liability insurance and tax collection and review fees each accounted for between 2% to 3%.

The Measure W fund balance as of June 30, 2021, was approximately $8.2 million, which is 69% of the FY 2021-22 budgeted revenue of $11.8 million. This fund balance was more than sufficient to meet the 25% program guideline reserve target. The fund balance is a reserve to ensure that the City can maintain the Measure W-funded police and fire positions during economic fluctuations.

FINANCIAL SUMMARY
There is no financial impact from the presentation of this report.

Attachment A - Measure W Annual Report for FY 2019-20
Attachment B - Measure W Annual Report for FY 2020-21
City of Stockton Page 3 of 3 Printed on 8/17/2023
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Committee Members
 Greg Bahr
 Robert Bivens
 Joseph CurƟs
 Esau Hernandez
 Mary Holloway
 Raymond Zulueta Jr.

Inside This Report:

Committee Members 1
Message from the Committee 2
Fire Department Message 3
Program Information 4
Staffing 4
Independent Audit 6
Police Department Message 3
Measure W
Public Safety
A ¼ cent sales and transacƟon tax approved by
Stockton ciƟzens in November 2004 to fund public
safety services.

WHAT IS MEASURE W?
Volume 17, Issue 1
ATTACHMENT A 2176
FY 2019-20 Measure W Annual Report City of Stockton

Page 2 ends

The Measure W CiƟzens’ Oversight CommiƩee is pleased to present the annual report for Fiscal Year (FY) 2019‐20. The CommiƩee has reviewed the revenue and expenditure reports to ensure that the use of these revenues complies with the objecƟves originally approved by voters in 2004, and confirms the stewardship over the tax proceeds is in accordance with the ordinance and guidelines.

The Measure W program guidelines approved by City Council also call for an independent audit by a CerƟfied Public AccounƟng firm. A “clean report” was issued for the fiscal year ending June 30, 2020 staƟng that the financial schedules for Measure W present fairly the revenues and expenditures.

Measure W provides funding for public safety posiƟons and related operaƟng costs over and above what could be afforded by the City’s normal tax funding sources. These addiƟonal sales tax dollars are split evenly between the Police and Fire Departments. Both the Police and Fire Departments have reported to the CommiƩee that the need for Measure W revenues is criƟcal and the services are extremely valuable to the public.

The CommiƩee reports that the
Fund has accumulated the
reserve recommended in the
guidelines which will insulate the
services should revenues falter
for a short period of Ɵme. Even
though revenues exceeded
forecast made in the previous
year the importance of having a
strong reserve cannot be
overemphasized. The long‐term
impact of the pandemic is
unknown, but the commiƩee
remains confident that, together
as a community, we will adapt to
meet these new challenges as
they arise.

At the end of this 17th year for Measure W, the commiƩee is pleased with the results and would like to extend our appreciaƟon to all stakeholders for their extraordinary support during this trying Ɵme for our City.

Message from the Committee
The Measure W Ordinance called for a CiƟzen’s Oversight CommiƩee to ensure the use of Measure W tax proceeds are consistent with the intent of voters.

ATTACHMENT A 2177
FY 2019-20 Measure W Annual Report City of Stockton
Funds collected from Measure W conƟnue to be
allocated to augment staffing for Ladder Truck No.
3, Ladder Truck No. 4 and Fire Engine No. 13. In FY
2019‐20, Measure W funds paid for salaries and
benefits of 25 Firefighters including the
maintenance of two fire engines and twenty
portable radios. The firefighter posiƟons
provided fire and other emergency services in
Northeast, Southeast and West Central Stockton.

These resources responded to a total of 5,513
incidents in FY 2019‐20, with a very minimal
change in the volume of incident response in these
service areas from prior fiscal year, with Engine 13
responding to 1,892, Truck 3 responding to 1,533
and Truck 4 responding to 2,088. Fire and other
emergency equipment for a total cost of
approximately $220,000 were purchased using
Measure W funds. Equipment purchased include
defibrillators, hurst tool kits, power blowers, LEVR
escape devices and edraulic equipment. Facility
maintenance costs of approximately $51,000 was
also paid through Measure W to complete
necessary painƟng of interior apparatus bays at 5
fire staƟons.

Fire Department Message Police Department Message

Page 3 ends

In FY 2019‐20, Measure W funding paid for 24
Police Officers to respond to approximately 20,000
calls for service, an average of 800 calls per officer
during the year. Measure W proceeds conƟnue to
be an important part of the Police Department’s
annual operaƟng budget. It pays not only for salary
and benefits for those officers, but also for their
vehicles, fuel, radios, body worn cameras, and
other safety equipment necessary to work in the
field. The amount of tax revenue available and the
cost of the posiƟons determines the exact number
of funded Police Officers year to year. All Measure
W posiƟons are assigned to the Field Service
Division, the primary funcƟon of which is to handle
dispatched calls for service on a 24/7 basis. In FY
2019‐20, the Police Department handled 391,790
calls for service, a 2.4% decrease from FY 2018‐19.

The calls for service declined as a result of the
COVID‐19 pandemic and shelter‐in‐place orders in
effect during the last quarter of the fiscal year.

FY 2019-20 Incident Responses
Apparatus Fires Medical Vehicle Accident/ Hazmat/ Total Rescue Other
————————————————————————————————————
Engine 13 356 1324 66 46 100 1892
Truck 3 442 731 123 94 143 1533
Truck 4 356 1131 121 151 329 2088
ATTACHMENT A 2178
FY 2019-20 Measure W Annual Report City of Stockton
The revenue chart displays Measure W
annual sales tax revenue for the past
fiŌeen years, including the lowest
revenue collecƟon during the recession
and the slow recovery that followed.

Revenue in FY 2019‐20 came in
$11,376,958 or 4.8% higher than what
was esƟmated in the adopted budget,
which is $283,143 under the prior year,
or a decrease of 2.4%. Revenues in FY
2019‐20 were down because of the
worldwide COVID‐19 pandemic and
local shelter‐in‐place orders that
reduced taxable purchases in the last
quarter of the fiscal year.

Program Information
Revenues

Page 4 ends
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