Agenda packet — City Council and Concurrent Authorities, December 5, 2023 (part 4 of 4)

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Professional Services Contract – O’DELL ENGINEERING – PROJECT NO. WP13270 (Updated 04/24/23)

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior writt en consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

15. NOTICES. Any and all notices herein require d shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: O’Dell Engineering To City: Public Works Director 1165 Scenic Drive City of Stockton
Suite A 22 E. Weber Ave., Rm. 301
Modesto, CA 95350 Stockton, CA 95202

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to t he Consultant’s engaging in any operation or activity set forth in this Contract, Consulta nt shall obtain a City of Stockton business license, which must be kept in effect duri ng the term of this Co ntract. Consultant covenants that it has obtained al l certificates, licenses, permits and the like required to perform the services under this Contract.

17. RECORDS AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representat ive, with necessary information and assistance.

Consultant agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant informati on requested, and shall permit City or its delegate access to its prem ises, upon reasonable notice, dur ing 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 purposes of determining compliance wit h this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or in vestment that would be affected in any manner EXHIBIT 1

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Professional Services Contract – O’DELL ENGINEERING – PROJECT NO. WP13270 (Updated 04/24/23)

or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

20. WAIVER. In the event either City or C onsultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

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

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be am ended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency o ccur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
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Professional Services Contract – O’DELL ENGINEERING – PROJECT NO. WP13270 (Updated 04/24/23)

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON O’DELL ENGINEERING

B y : B y :

HARRY BLACK Signature

CITY MANAGER

A T T E S T :

P r i n t N a m e

B Y :

ELIZA R. GARZA, CMC Title:

CITY CLERK

APPROVED AS TO FORM:

B Y :

DEPUTY CITY ATTORNEY

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DETAILED WORK PLAN
Cannery Park Scope of Services
Included in this section is the technical scope of work to complete the project as we interpret it. It is organized a bit differently than the scope in the RFP document to help streamline the process and include key scope assignments that may have been overlooked.

Task 1: Meetings and Project
Management

1.1 Kick-off Organization & Scoping
Meeting
A well-run organizational meeting at the beginning of the project will clear up any unexpected issues before they arise.

A meeting will be held with staff, during which our proprietary client communication program is started and the following typical items are discussed:
Introduce staff and project partners to the design consulting team.
Review objectives of the project, scope of ser
vices,
deliverable expectations, project schedule, and milestones. Conﬁ rm project parameters and limits of work. (Conduct a site review and photo document site conditions.)
Collect available data and published material.
Establish meeting and presentation schedules and
communication channels with all parties involved.
Review and list all applicable design/planning standards, opportunities, and/or challenges anticipated.
Coordinate with agency departments, other agencies, and stakeholders.
Review project budget and billing requirements.
Complete custom client communications program.

1.2 Progress Meetings
After each submittal and subsequent staff review period, a progress meeting with the design team will be held. An agenda will be prepared prior to, and minutes will be provided after, each meeting. It is anticipated that th er
e will be a progress
meeting each month during the design period and ideally held at the following stages:
F
ollowing the Preliminary Site Plan submittal
Following the Design Development submittal

Following the 65%, 95%, and 100% PS&E submittals

1.3 Management
Management of all project design aspects will be covered by the team. The following will be provided:
A comprehensive design schedule
Monthly progress update meetings and minutes
Corr
espondence between City and design team
Management of the consultant team quality control measures Deliverables
Meeting agendas and Minutes in PDF format
Customized Client Communication Program in PDF format
Preliminary project schedule with critical path milestones in PDF format
Monthly progress repor
ts and invoices
Task 2: Site Analysis/Data
Collection & Review
Research objectives will include a detailed review
of project history and existing park site information
including topographic surveys and soil studies. A site visit will be conducted and site photographs will be taken.

2.1 Contextual Analysis
Analyze existing elements within the proposed site to guide design. Items such as prevailing winds, soil type, local demographics, utilities, and so forth will be reviewed.

2.2 Topographic Surveying & Mapping
Surveying services in support of this project will include topographic surveying of the existing site (50’ into the existing park site area) and adjacent street improvements, on-site and off-site utilities as needed for points of connection, and extensive detailing of critical features, including trees, buildings, irrigation equipment, and existing features to remain. The topographic survey data will be collected using the City’s existing horizontal and vertical survey control and benchmarks. All information will be collected with the input and collaboration of both internal and external subconsultant specialty disciplines to guarantee a focused, but well-rounded product that rises to meet the needs of each of the project’s objectives.
Establish horizontal survey control for the project based on the NAD83 horizontal datum using the City GPS Control
Network. Elevations will be based on the NAVD88 vertical datum using City of Modesto benchmarks.
Perform cross-section survey of adjoining roadway
half-width at 50-foot intervals.
Perform topographic survey of all hardscape and softscape, including grade breaks, high points, and low points. In ﬂ at areas, measure spot elevations in a grid pattern at 50-foot intervals.
Locate surface-visible utility features and improvements, such as signs, fences, walls, buildings, striping, driveways, walkways, drainages, structures, lights, poles, bollards, general limits of vegetated or landscaped areas, USA
markings, vaults, valves, meters, boxes, pedestals,
cleanouts, manholes, drain inlets, catch basins, culverts, outfalls, standpipes, irrigation boxes, and heads.

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DETAILED WORK PLAN
All trees will be located, including measurement of DBH and dripline. Trees will be given unique identiﬁ ers to coordinate subsequent specialist identiﬁ cation and assessment.
At manholes and accessible structures, measure invert elevation of all gravity storm drains and sewer pipes.

Annotate topographic survey drawing with invert elevation, approximate diameter, and orientation of each pipe visible at the time of the survey. Where access is not practical, O’Dell Engineering shall indicate by notation on the
mapping deliverable.
Prepare topographic map at a 1” = 20’ scale.

2.3 Boundary Survey & Pre-Construction
Monument Preservation (Optional)
Resolve the location of property boundaries and easements as deﬁ ned by an analysis of available record maps, title report(s), supporting documents, and physical evidence. Perform a ﬁ eld survey to locate monuments that may be disturbed by construction. Located monuments will be
referenced to durable, off-site reference marks to enable their replacement if disturbed during construction of the project. Prepare and submit a Record of Survey map to the County. The Record of Survey Map will fulﬁ ll the pre-construction monument preservation requirements of Section 877 1 of the Professional Land Surveyors’ Act. The Record of Survey map will also comply with any applicable sections of Section 8762 of the Professional Land Surveyors’ Act.

2.4 Geotechnical Investigation
Performing these tests as soon in the process as possible has proven to be advantageous to the design team by allowing the team to make recommendations sooner and to prepare more accurate cost estimates.
To characterize the subsurface conditions and obtain
soil samples for laboratory testing, several soil borings throughout the proposed park of varying depths will be
drilled.
An Engineer/Geologist will direct the sampling and log the boring. The samples will be delivered to the laboratory for evaluation and testing. Standard Penetration Testing (SPT) and Standard California sampling will be performed within the borings to obtain samples and blow count information.

The borings will be backﬁ lled according to the City/County permit requirements.
Following the completion of subsurface exploration, boring logs will be reviewed to assess potential restrictive layers and perform inﬁ ltration rate testing at two to three locations. Laboratory tests will be performed on representative soil samples obtained from the exploratory borings, which may include moisture content and dry density, grainsize analysis and plasticity index testing, expansion potential, unconﬁ ned compression, R-Value, and landscape suitability.
Engineering analysis will be prepared and a Geotechnical Report containing the following (but not limited to):
» Project description
» Summary of subsurface exploration and subsurface
conditions
» Inﬁ ltration rates
» Laboratory test results
» CBC seismic design parameters for structures (non-site speciﬁ c)
» Foundation recommendations for structures
» Recommendations for grading and construction
» Pavement section recommendations
» Minimum unreinforced ﬂ atwork sections
» Risk management and limitations
» Site Plan with current boring and inﬁ ltration test
locations
» Boring logs with laboratory test results

2.5 Utility Investigation & Coordination
A comprehensive utility investigation will be completed to determine what utilities are available, their locations, and utility depth within the project limits of work. Available as-built and original design drawings will be reviewed, utility request letters will be sent to all applicable utility companies, and site investigation will be used to make determinations. We will work with utilities as necessary to prepare the site for construction effor
ts. Where feasible, utilities
infrastructure will be installed and ore relocated prior to beginning construction.

2.6 Arborist Inspection
O’Dell’s International Society of Arboriculture Certiﬁ ed Arborist will review all trees on site and provide data to the team for inclusion of information into the Tree Protection Plan. The review will include tree species, size (diameter at breast height - DBH), general health condition, recommendation for removal or preservation, and any suggested mitigation. The Arborist will also work with the team to determine appropriate protection measures and speciﬁ cation requirements during construction.

Deliverables
Draft Geotechnical Report in PDF format
Draft arborist repor
t
Site plan of topographic survey in PDF format
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DETAILED WORK PLAN
Task 3: Design Development

3.1 Preliminary Site Plan Development
Following site analysis efforts, the design team will
prepare two concept plans illustrating alternative
designs for the park. After the designs have been presented to the City for review and comment, a ﬁ nal rendered master plan will be prepared for presentation to the public via a design workshop. Following the workshop, revisions will reﬂ ect changes based on site limitations and opportunities, community input, and conversations with City staff about speciﬁ c design features. This is a crucial step to limit revisions later in the process and to avoid inefﬁ cient uses of time and resources. This site plan will be drawn with actual topographic data, to scale, and will be a rendered drawing depicting all proposed park features and amenities.

3.2 Public Outreach - Community Meetings
The O’Dell team will schedule meetings with the public, prepare audio/visual presentations, provide design for meeting
announcements, coordinate online announcements, and
arrange venues for these meetings. Interactive real-time polling will be used at meetings to gather data from those who are too reserved to speak up, and online surveys will be conducted to solicit input from those who are unable to attend meetings. A total of two meetings will be held—one meeting presenting the desired layout and one meeting presenting the revised design to the Parks and Planning Commission.

3.3 Design Development Drawings (30% PS&E)
The Design Development Drawing package includes drawings to convey general engineering and design concepts. This service will include the following preliminary plan sheets at a minimum:
Cover sheet and project information
Site plan
Existing conditions plan
Tree protection plan (ISA Arborist reviewed)
Grading, drainage, and utilities plan
Site ﬁ nishes and furnishings plans
Irrigation plans
Planting plan
Electrical plans
Major construction details
Shade Structure sections and plans
Technical speciﬁ cations table of contents
Deliverables
Print-ready public meeting ﬂ yer in PDF format
Digital PowerPoint presentation for public meetings

Raw data from public meetings
Site plan in PDF format
30% drawings in PDF format
30% estimates and quantities in PDF format
Technical speciﬁ cations TOC in PDF format
Updated project schedule with critical path milestones Task 4: Construction
Documentation

4.1 Construction Documents (PS&E)
Following the approval of a ﬁ nal site plan, the
team will prepare ﬁ nal site improvement plans for permitting.

Improvement plans include routine information normally required by governing agencies. The scope of work will include three packages: 65% construction documents with draft speciﬁ cations, 95% construction documents with updated speciﬁ cations, and 100% documents including ﬁ nal speciﬁ cations. This service will include the following tasks:
Improvement Plans - Plans may include the following sheets but are subject to change as the parameters, needs, and existing conditions of the project formalize:
» Cover sheet
» Notes and conditions
» Site plan
» Existing conditions and demolition plan
» Tree protection plan (ISA Arborist reviewed)
» Underground utilities plan
» Grading and drainage plans
» Erosion control plans
» Horizontal control plan
» Site ﬁ nishes and furnishings plans
» Enlargement plans (playground, etc.)
» Irrigation plans and water use calculations
» Planting plan
» Electrical plans and Title 24 calculations
» Construction details
» Shade Structure sections and plans
» As-built drawings as appropriate for reference
Construction quantities and estimates
Draft & ﬁ nal technical speciﬁ cations (City will provide boilerplate speciﬁ cations)
Draft & ﬁ nal storm water pollution prevention plan (SWPPP & NPDES permit coordination)

4.2 Bid Package
Following the approval of the 100% PS&E drawings, the team will prepare a ﬁ nal bid package. The bid package will include:
Front end documents (provided by the City)
Stamped and signed cover sheet
Bid forms
Bid item descriptions
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DETAILED WORK PLAN
Final stamped and signed PS&E
Final stamped and signed technical speciﬁ cations
Final cut sheets for important features and materials Geotechnical Report
Structural package (if needed)
Deliverables
Final Geotechnical Report in PDF format
Final structural design package in PDF format
65%, 95%, & 1
00% drawings in PDF format
65%, 95%, & 100% estimates and quantities in PDF format Technical speciﬁ cations TOC in PDF format
65% & 95% updated project schedule with critical path milestones in PDF format
SWPPP document in PDF format
Final bid package in PDF, AutoCAD,
and Mylar format
Task 5: Bidding & Contract Award

5.1 Bid Services & Project
Management
O’Dell Engineering will perform bidding and
contract award services to assist the City with selecting the appropriate contractors and product manufacturers. Services include the following: (We can provide additional support as requested.)
Attend pre-bid meeting
Respond to RFIs
Prepare Addenda and Transmittals (as needed)
Deliverables
Meeting agenda and minutes in PDF format
RFI responses in PDF format
Plan revisions in PDF format
Task 6: Construction Support
Services

6.1 Site Visits & Construction
Communications
O’Dell Engineering will perform construction support services throughout the project’s completion. Services include the following: (We can provide additional support as requested.) Attend pre-construction meeting
Review and approve Contractor’s schedule, RFIs, and
submittals
Review change orders, shop drawings, and submittals
Playground safety audit by an in-house Certiﬁ ed
Playground Safety Inspector
Prepare as-built drawings from contractor maintained ﬁ eld drawings
Construction observation site visits to review site ﬁ nishes, at irrigation installation phase, for plant review and approval prior to planting, during playground installation, following structural installations but prior to ﬁ nal surface covering, a ﬁ nal punch list walk, etc. Includes the following site visits:
» Pre-construction tree protection measure conformance
site visit
» Site progress visits to review rough grading, site ﬁ nishes (concrete, surfacing, etc.), irrigation installation, for plant review and approval prior to planting, following
playground retroﬁ ts, following structural installations but prior to ﬁ nal surface covering
» Final project site review and report
Deliverables
Meeting agenda and minutes in PDF format
Submittal & RFI responses in PDF format
Site obser
vation memos in PDF format
Playground Audit Report in PDF format
Supplemental instructions as needed in PDF
As-built drawings in PDF, AutoCAD, and Mylar format
Limitations and Understandings:
All governmental/regulatory fees to be provided by the City. It is assumed that building permits will be obtained by the contractor. It is assumed that environmental planning for the project is complete and that there is no coordination needed for such planning efforts. Does not include any adjustments to City standard details. Does not include any utility work within the roads.
This scope does not include revisions to the plans due to site plan changes, and/or signiﬁ cant client requested changes at 65% submittal stage or later, including revisions due to bid results or resulting value engineering efforts.
It is assumed that all structures will be pre-fabricated and considered deferred submittals for building permit purposes.
Does not include construction management services.
Potholing is not included. Utility locations will be based off of as-built drawings and information from utility departments and companies. Does not include off-site utility design or coordination. Does not include grant administration support.
Does not include postage costs.

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WƵďůŝĐĞƐŝŐŶtŽƌŬƐŚŽƉ ϭĚĂǇ DŽŶϰͬϮϮͬϮϰ DŽŶϰͬϮϮͬϮϰ WƌĞƉĂƌĞƐƵŵŵĂƌǇŽĨKƵƚƌĞĂĐŚ&ŝŶĚŝŶŐƐ ϭǁŬ DŽŶϰͬϮϮͬϮϰ &ƌŝϰͬϮϲͬϮϰ ŽŶĐĞƉƚĞƐŝŐŶZĞǀŝƐŝŽŶƐ ϭǁŬ DŽŶϰͬϮϵͬϮϰ &ƌŝϱͬϯͬϮϰ DĞĞƚŝŶŐǁŝƚŚWĂƌŬƐĂŶĚZĞĐŽŵŵŝƐƐŝŽŶ ϭŵŽŶ DŽŶϱͬϭϯͬϮϰ &ƌŝϲͬϳͬϮϰ ŽŶƐƚƌƵĐƚŝŽŶŽĐƵŵĞŶƚĂƚŝŽŶͲϲϱй ϰϱĚĂǇƐ DŽŶϲͬϭϬͬϮϰ &ƌŝϴͬϵͬϮϰ DĞĞƚŝŶŐǁŝƚŚŝƚǇ ϭĚĂǇ DŽŶϲͬϭϬͬϮϰ DŽŶϲͬϭϬͬϮϰ

ϲϱйΖƐ ϯǁŬƐ DŽŶϲͬϭϬͬϮϰ &ƌŝϲͬϮϴͬϮϰ
dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐͲƌĂĨƚ ϭǁŬ DŽŶϳͬϭͬϮϰ &ƌŝϳͬϱͬϮϰ ŽƐƚ
ƐƚŝŵĂƚĞ ϭǁŬ DŽŶϳͬϴͬϮϰ &ƌŝϳͬϭϮͬϮϰ
^ƵďŵŝƚϲϱйW^Θ
ϭĚĂǇ DŽŶϳͬϭϱͬϮϰ DŽŶϳͬϭϱͬϮϰ
ŝƚǇZĞǀŝĞǁ ϭŵŽŶ DŽŶϳͬϭϱͬϮϰ &ƌŝϴͬϵͬϮϰ
ŽŶƐƚƌƵĐƚŝŽŶŽĐƵŵĞŶƚĂƚŝŽŶͲϵϱй ϰϱĚĂǇƐ DŽŶϴͬϭϮͬϮϰ &ƌŝϭϬͬϭϭͬϮϰ DĞĞƚŝŶŐǁŝƚŚŝƚǇ ϭĚĂǇ DŽŶϴͬϭϮͬϮϰ DŽŶϴͬϭϮͬϮϰ
ϵϱйΖƐ ϯǁŬƐ DŽŶϴͬϭϮͬϮϰ &ƌŝϴͬϯϬͬϮϰ
dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐͲƌĂĨƚ ϭǁŬ DŽŶϵͬϮͬϮϰ &ƌŝϵͬϲͬϮϰ ŽƐƚ
ƐƚŝŵĂƚĞ ϭǁŬ DŽŶϵͬϵͬϮϰ &ƌŝϵͬϭϯͬϮϰ

^ƵďŵŝƚϵϱйW^Θ
ϭĚĂǇ DŽŶϵͬϭϲͬϮϰ DŽŶϵͬϭϲͬϮϰ
ŝƚǇZĞǀŝĞǁ ϭŵŽŶ DŽŶϵͬϭϲͬϮϰ &ƌŝϭϬͬϭϭͬϮϰ
ŽŶƐƚƌƵĐƚŝŽŶŽĐƵŵĞŶƚĂƚŝŽŶͲϭϬϬй ϯϱĚĂǇƐ DŽŶϭϬͬϭϰͬϮϰ &ƌŝϭϭͬϮϵͬϮ ϰ DĞĞƚŝŶŐǁŝƚŚŝƚǇ ϭĚĂǇ DŽŶϭϬͬϭϰͬϮϰ DŽŶϭϬͬϭϰͬϮϰ
ϭϬϬйΖƐ ϮǁŬƐ DŽŶϭϬͬϭϰͬϮϰ &ƌŝϭϬͬϮϱͬϮϰ
dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐͲƌĂĨƚ ϮĚĂǇƐ DŽŶϭϬͬϮϴͬϮϰ dƵĞϭϬͬϮϵͬϮϰ ŽƐƚ
ƐƚŝŵĂƚĞͲhƉĚĂƚĞ ϮĚĂǇƐ tĞĚϭϬͬϯϬͬϮϰ dŚƵϭϬͬϯϭͬϮϰ
^ƵďŵŝƚϭϬϬйW^Θ
ϭĚĂǇ &ƌŝϭϭͬϭͬϮϰ &ƌŝϭϭͬϭͬϮϰ
ŝƚǇZĞǀŝĞǁ ϭŵŽŶ DŽŶϭϭͬϰͬϮϰ &ƌŝϭϭͬϮϵͬϮϰ
ŝĚŽĐƵŵĞŶƚĂƚŝŽŶ ϭϭĚĂǇƐ DŽŶϭϮͬϮͬϮϰ DŽŶϭϮͬϭϲͬϮϰ

DĞĞƚŝŶŐǁŝƚŚŝƚǇ ϭĚĂǇ DŽŶϭϮͬϮͬϮϰ DŽŶϭϮͬϮͬϮϰ
ΖƐͲŝĚWĂĐŬĂŐĞ ϭǁŬ dƵĞϭϮͬϯͬϮϰ DŽŶϭϮͬϵͬϮϰ
dĞĐŚŶŝĐĂů^ƉĞĐŝĨŝĐĂƚŝŽŶƐͲ&ŝŶĂů ϯĚĂǇƐ dƵĞϭϮͬϭϬͬϮϰ dŚƵϭϮͬϭϮͬϮϰ ŽƐƚ
ƐƚŝŵĂƚĞͬ
ŶŐŝŶĞĞƌΖƐ
ƐƚŝŵĂƚĞ ϭĚĂǇ &ƌŝϭϮͬϭϯͬϮϰ &ƌŝϭϮͬϭϯͬϮϰ
^ƵďŵŝƚŝĚWĂĐŬĂŐĞW^Θ
ϭĚĂǇ DŽŶϭϮͬϭϲͬϮϰ DŽŶϭϮͬϭϲͬϮϰ
ŝĚWŚĂƐĞ ϭϬǁŬƐ DŽŶϭϮͬϮϯͬϮϰ &ƌŝϮͬϮϴͬϮϱ
/ƐƐƵĞ/ŶǀŝƚĂƚŝŽŶƚŽŝĚ ϭĚĂǇ DŽŶϭϮͬϮϯͬϮϰ DŽŶϭϮͬϮϯͬϮϰ WƌĞͲŝĚDĞĞƚŝŶŐ ϭĚĂǇ DŽŶϭͬϲͬϮϱ DŽŶϭͬϲͬϮϱ
Z&/ΖƐƵĞ ϭĚĂǇ DŽŶϭͬϮϳͬϮϱ DŽŶϭͬϮϳͬϮϱ
ŝĚΖƐƵĞƚŽŝƚǇ ϭĚĂǇ &ƌŝϮͬϳͬϮϱ &ƌŝϮͬϳͬϮϱ

ŝƚǇZĞǀŝĞǁŽĨŝĚƐ ϮǁŬƐ DŽŶϮͬϭϬͬϮϱ &ƌŝϮͬϮϭͬϮϱ
ŝƚǇŽƵŶĐŝůǁĂƌĚ ϭĚĂǇ dƵĞϮͬϮϱͬϮϱ dƵĞϮͬϮϱͬϮϱ
ŽŶƐƚƌƵĐƚŝŽŶWŚĂƐĞ;WƌŽũĞĐƚĞĚͿ ϱϰǁŬƐ DŽŶϯͬϯͬϮϱ &ƌŝϯͬϭϯͬϮϲ WƌĞͲŽŶƐƚƌƵĐƚŝŽŶĐƚŝǀŝƚŝĞƐ ϴǁŬƐ DŽŶϯͬϯͬϮϱ &ƌŝϰͬϮϱͬϮϱ ŽŶƐƚƌƵĐƚŝŽŶEdW ϭĚĂǇ DŽŶϰͬϮϴͬϮϱ DŽŶϰͬϮϴͬϮϱ
ŽŶƐƚƌƵĐƚŝŽŶKƉĞƌĂƚŝŽŶƐ ϭϵϲĚĂǇƐ &ƌŝϱͬϮͬϮϱ &ƌŝϭͬϯϬͬϮϲ ^ƵďƐƚĂŶƚŝĂůŽŵƉůĞƚŝŽŶ ϭϱĚĂǇƐ DŽŶϮͬϮͬϮϲ &ƌŝϮͬϮϬͬϮϲ WƌŽũĞĐƚůŽƐĞͲKƵƚ ϯǁŬƐ DŽŶϮͬϮϯͬϮϲ &ƌŝϯͬϭϯͬϮϲ

2FW 1RY 'HF -DQ )HE 0DU $SU 0D\ -XQ -XO $XJ 6HS 2FW 1RY 'HF -DQ )HE 0DU $SU 0D\ -XQ -XO $XJ 6HS 2FW 1RY 'HF -DQ )HE 0DU $SU 4WU 4WU 4WU 4WU 4WU 4WU 4WU 4WU 4WU 4WU 4WU 7DVN
6SOLW
0LOHVWRQH
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,QDFWLYH7DVN
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6WDUWRQO\
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([WHUQDO7DVNV
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EXHIBIT 1

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621
REV 2022‐05‐17
Insurance Requirements for Professional Services
Consultant shall procure and maintain fo
r the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, wit
h limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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

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

Additional Insured Status
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622
REV 2022‐05‐17
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this EXHIBIT 1

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623
REV 2022‐05‐17
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

Claims Made Policies
If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

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

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

EXHIBIT 1

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624
REV 2022‐05‐17
Verification of Coverage
Contractor shall furnish t
he City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
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625
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626
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627
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628
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629
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630
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631
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632
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633
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634
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635
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636
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637
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638
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639
City of Stockton
Legislation Text
File #: 23-0965, Version: 1

UPDATE ON CLEAN CITY INITIATIVE

RECOMMENDATION
Information only. No action to be taken.

Summary
This will be an informational presentation from Public Works staff to update Mayor and Council on the Clean City Initiative.

City of Stockton Printed on 11/30/2023Page 1 of 1
powered by Legistar™
640
2023 Update &
2024 Look Ahead
City Council Meeting
December 5, 2023
Item 15.1
641

THE INITIATIVE
As we complete the Clean City
Initiative’s third program year, we
are pleased to update you on the
program’s continued success.

But first, what is the Clean City
Initiative?
642

PROGRAMS
Beautification Events
Planned beautification activities such
as paint refreshment and planting of
trees and flowers at various city parks.

Drive-Thru Recycling Events
Drive-thru recycling and compost
giveaway events providing free
recycling and disposal services.

Planned and volunteer-led removal of
illegally dumped materials and litter
abatement activities.

Community Cleanup Events
“Adopt Our City”
Volunteer adoption of location(s) to
perform clean-up and beautification
activities over time.

Neighborhood Betterment
Proactive steps to improve quality of
life by removing garbage and blight,
working to reduce crime, and
increasing the sense of safety.

Public Works and Police coordinated
events to remove waste associated
with homeless encampments.

Encampment Cleanups
643

PARTNERS
Volunteers
644

DRIVE-THRU RECYCLING EVENTS
Green
Waste
Recycling
Confidential Paper
Shredding/
Recycling
Compost
Giveaways
Mattress and
Box Spring
Recycling
645

ADDITIONAL PLANNED EVENTS
Community
Cleanups
Neighborhood
Betterment Events
Beautification
Events
646
Number of Events:
6 Cars Served:
1,312
Compost Bags Distributed:
1,860
T rash Disposal:
56 tons
Organics Recycled:
8 tons
Appliances Recycled:
229
Tires Recycled:
183
Mattresses and
Box Springs Recycled:
275
Confidential Paper
Shredding/Recycling:
12 tons
Electronic Waste Recycled: 14 tons

BY THE NUMBERS
Drive-Thru Recycling Events
647
Number of Events*:
4 Cars Served:
415
T rash Disposal:
47 tons
Appliances Recycled:
82 Tires Recycled:
98 Mattresses and
Box Springs Recycled:
72 Electronic Waste Recycled:
3 tons * One event rolled over to 2024.

BY THE NUMBERS
Neighborhood Services/Neighborhood Betterment Team Events Number of Events: 15 Number of Volunteers: 457
T rees Planted: 72 Litter Bags Collected: 198
Community Cleanup and Beautification Events
648

VOLUNTEER-LED
EVENTS
• Volunteer-led community
cleanups and beautification
events continue thanks to current
and new partnerships within our
community.
• New partnerships in 2023:
⚬ Kiwanis Club of Stockton
⚬ University of the Pacific
⚬ ASM Global
Before
After
649

ARPA FUNDED

EQUIPMENT
Bobcat Tractor
Skip Loader
Sweeper
10-Wheel Dump Truck
Flat Bed Construction Truck
Equipment Trailer
650

ENCAMPMENT CLEANUPS
• Protects the health and
safety of the homeless
and nearby communities.
• Prevents fire hazards by
removing cardboard and
other easily combustible
debris.
• Allows staff access to
inspect critical
infrastructure and
perform needed repairs.
651

BY THE NUMBERS
Number of Events:
24 Number of T ruckloads
Removed: 583
T rash Disposal:
1,238 tons
Homeless Encampment Cleanups*
* December event numbers not included.
652
2024 LOOK AHEAD
Planned Events
Multiple events are planned for 2024 with locations already identified for the popular Drive-Thru Recycling and Community Beautification/Cleanup events.

Volunteer-Led Events
Anyone interested in holding a community clean-up or beautification event of their own should contact the Waste & Recycling Division for assistance. 653
CONTACT US!
Website
www.stocktonca.gov/cleancity
Email Address
[email protected]
Phone Number
209-937-7575
654
City of Stockton
Legislation Text
File #: 23-0978, Version: 1
ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO

ESTABLISH NEW LOGISTIC WAREHOUSE STANDARDS

RECOMMENDATION
It is recommended that the City Council:

1. Find the proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3) (Common Sense Exemption), and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan); and

2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Chapter 16.80 (Standards for Specific Land Uses) to add a new Section 16.80.390 (Logistic Warehouse), including one of the Options below:

Option A - Standards that reflect Memorandum of Agreement with the State of California Attorney General; or
Option B - Standards that reflect the Memorandum of Agreement with adjustments consistent with the Agreement requirements; or
Option C - Standards that reflect industry recommendations.

Summary
In December 2022, the City Council approved a Memorandum of Agreement (MOA) with the State of California Attorney General (AG) and a Settlement Agreement with the Sierra Club to promote responsible industrial development. Per the agreements, a new industrial warehouse ordinance, including (as a minimum consideration) 26 specified development conditions, must be presented to the City Council for consideration by December 31, 2023, for qualifying logistics warehouse buildings totaling 100,000 square feet or larger. The December deadline was established to align with the anticipated City-initiated Stockton Municipal Code Title 16 (Development Code) overhaul Project.

Due to delays with the Development Code overhaul Project, the proposed warehouse ordinance is being presented separately and in advance of the Development Code overhaul.

Earlier this year, Staff initiated preparation of a warehouse ordinance by conducting research on best practices for industrial warehouse development standards. To clarify, although the MOA refers to “development conditions”, they were intended to become development standards, so this report will refer to those original conditions as “standards”. Outreach was conducted to gather feedback from community stakeholders including environmental and health advocacy organizations, industry City of Stockton Printed on 11/30/2023Page 1 of 9
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advisors and State and regional regulatory agencies. Further, input was received through holding multiple study sessions with the Planning Commission and the Planning Commission Ad Hoc Committee. At the October 12
th Planning Commission Study Session, three (3) ordinance options were solidified as 1) Option A - MOA Standards, 2) Option B - Adjusted MOA Standards, and 3) Option C - Industry Recommended Standards. The Planning Commission directed staff to proceed with scheduling a public hearing for consideration of an ordinance for their recommendation to City Council.

On October 26, the Planning Commission held a Public Hearing and considered proposed ordinance Options A, B, and C along with public written and oral comments received. The Planning Commission approved a resolution recommending the City Council adopt Ordinance Option C, amending Title 16 of the Stockton Municipal Code to establish new industrial warehouse development standards.

DISCUSSION
Background
On December 6, 2022, the City Council adopted Resolutions 2022-12-06-1602-01 to 03 certifying an Environmental Impact Report, adopting a pre-zoning ordinance, adopting a Development Agreement, authorizing annexation requests, and approving related settlement agreements for the Mariposa Industrial Park Project (P20-0805). To reduce environmental and social impacts, the City, Project Applicant, AG, and the Sierra Club collaborated in negotiating enhanced mitigation measures for the Project as part of the Final Environmental Impact Report (EIR). These enhanced measures focused on potential impacts related to Air Quality, Greenhouse Gas Emissions, and Noise, since the Project was located adjacent to a disadvantaged unincorporated residential community.

The settlement agreements with the AG (Attachment A) and the Sierra Club (Attachment B) imposed an obligation on the City Staff to prepare an industrial warehouse ordinance including, at minimum, 26 specified development standards; a portion of which were derived from the enhanced mitigation measures in the Mariposa Industrial Project EIR. City Staff must present the warehouse ordinance to the City Council for adoption consideration by December 31, 2023. The deadline was based on integrating the warehouse standards into the City’s comprehensive Development Code overhaul that was already underway and anticipated for City Council consideration by end of 2023. If adopted, the warehouse ordinance and new development standards would apply to all future industrial logistics warehouse buildings measuring 100,000 square feet and greater.

Earlier this year, staff initiated the preparation of the warehouse development standards by engaging in research and information gathering, with the intent of incorporating these standards into the Development Code overhaul. In the last several months, it became evident that the Development Code overhaul would not be ready for Council until early or mid-2024. As a result, the scope of work to prepare the warehouse development standards was separated from the Development Code overhaul effort and prepared as an independent amendment to the existing Development Code (Title 16) to satisfy obligations under the settlement agreements.

On August 10, 2023, staff scheduled the first of several study sessions with the Planning Commission to present preliminary warehouse development standards and gather feedback for preparing the new industrial warehouse ordinance. The Planning Commission directed staff to schedule an upcoming City of Stockton Printed on 11/30/2023Page 2 of 9
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agenda item to form a three-member Ad Hoc Committee of the Planning Commission to expedite discussions and feedback to Staff on the initial preparation of the development standards and ordinance. On August 24
th, the Planning Commission appointed Vice Chair Nathaniel and Commissioners Boparai and Hull to the Ad Hoc Committee with Chair Rizvi as an alternate member.

On August 30, 2023, staff met with the Ad Hoc Committee to lay the groundwork for reviewing potential warehouse development standards and determining Committee preferences on meeting and receiving information from staff. The Ad Hoc Committee directed staff to establish a group of advisors made up of environmental, community advocate and industrial developer stakeholders based on public written and oral communications received at the August 24 th Commission meeting.

Staff assembled advisory groups consisting of two environmental representatives, two community advocate representatives and two industrial development representatives. The Ad Hoc Committee directed staff to meet with the advisors independent of the Ad Hoc Committee and report back to the Committee on discussions. The Committee began meeting on a weekly basis with staff, and staff began meeting weekly with the advisors to review potential warehouse standards for the proposed ordinance.

Subsequent study sessions were held with the Planning Commission and public on September 28 th
and October 12th. Staff conducted over twenty (20) meetings with industry, environmental and community advisors, residents, stakeholders and had conversations with representatives from other California cities with or considering warehouse ordinances, and consultants working on similar issues throughout the state (Attachment C - Outreach and Comment Summary).

Present Situation
As a result of much outreach conducted and meetings held, Staff and the Planning Commission concluded that some adjustments and possible alternatives to the MOA standards should be considered due to potential concerns with the feasibility of implementation, ongoing monitoring, and economic effects on business development in Stockton. The MOA requires Staff to consider including all 26 standards, at minimum, in the warehouse ordinance and provides for consideration of alternative standards if certain standards are considered infeasible, with appropriate rationale as defined under CEQA.

Staff proposes three (3) ordinance options (Attachments D, E, and F) for City Council’s consideration, two of which include adjustments and/or alternatives to certain MOA standards. The options consist of:

1. Option A - MOA Standards, that consists of all 26 measures as contained in the MOA, with slight adjustment to adapt them to ordinance regulation form,

2. Option B - Adjusted Standards, that includes some adjustments and alternatives to the MOA standards based on feasibility considerations, and

3. Option C - Industry Recommended, that mostly aligns with Option B, but includes further adjustments to standards to provide greater flexibility for industrial developers based on feasibility considerations.

A comparison table is provided as Attachment G to show the similarities and differences between the options.

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The following is a brief summary of the three ordinance Options:

Option A: MOA Standards
This Option includes all 26 standards from the MOA. Language for certain standards has been simplified to be more concise and align with the City’s zoning ordinance format, rather than mitigation measure format used in CEQA. This Option is the Attorney General’s preference that must be presented by City Staff and considered by City Council. Option A standards are shown as a draft ordinance in Attachment E.

Analysis
· Certain standards as drafted, pose a concern, do not respond to, or resolve, potential feasibility issues raised by staff during the study sessions (8/10, 9/28, and 10/12), however, they are the Attorney General’s preferred standards.
· As several of the standards proposed by this option have yet to be implemented by the State and are not standards in common practice, adoption of this Ordinance option could result in some ambiguity in implementation and unforeseen costs.
· Complies with General Plan policies for environmental protection but not for policies on encouraging development or establishing jobs.
· Exceeds greenhouse gas reduction standards of the Climate Action Plan (CAP) but does not align with the CAP strategies for securing funding for proposed reduction standards and lessening the impact of private development.
· The current State objective of climate change is carbon neutrality by 2045 which will implement many of the MOA standards addressed in the letter for solar ready, energy systems, and electric and/or near zero emission vehicles. The MOA standards will ultimately be carried out by State and responsible agencies regardless of the City implementing the measure as part of the agreement.

Option B: Adjusted MOA Standards
This Option includes 14 of the 26 MOA standards that are proposed in Option A. Ten (10) of the standards have been adjusted or alternatives are proposed based on concerns with feasibility of implementation, monitoring, and economic effects on development in Stockton. Two (2) of the MOA standards were removed due to redundancy and conflict with existing practices. Option B standards are shown in ordinance format as Attachment F; the following summarizes each of the adjusted standards and alternatives:

1. MOA # 2 Off-Road Construction Equipment: This Option requires smaller construction equipment to be powered by clean fuel sources, but does not regulate fuel sources for large construction equipment since source options are limited in availability and still emerging.

2. MOA #7 Paint Coating: This Option requires paint coatings applied on site to have a Volatile Organic Compound (VOC) that complies with San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen), whichever is most restrictive. In comparison, the MOA standard requires paint coatings applied on site to have a VOC compliance of <10g/L that is derived from a Southern California Air District voluntary standard.

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3. MOA# 10 CAL Green Building Standards: This Option requires compliance with CAL Green Building Code Tier 1 building standards for energy efficiency for all logistics warehouse facilities 400,000 square feet or greater. Current CAL Green Building Based Code standards shall apply to warehouse facilities measuring 399,999 square feet or less. In comparison, the MOA Standard requires the higher standard CAL Green Tier 2 building standards.

4. MOA#11 Loading Docks (i.e., setbacks from sensitive receptors): This Option requires a 2:1 ratio of building setback to building height is proposed. As an example, a 50’ tall building requires a 100’ setback from any property line of a sensitive receptor. In addition, a 300-foot setback for truck loading docks is required from any property line of a sensitive receptor. In comparison, the building setback aligns with the minimum MOA Standard of a 300-foot setback - however, the MOA requires consideration of up to a 1,000-foot truck loading dock setback from a sensitive receptor.

5. MOA #12 Landscaped buffer: The Option requires a 40-foot landscape buffer consistent with current practices in the State and region. A minimum 10-foot sound wall is also proposed unless a noise analysis indicates a taller wall is necessary to bring noise levels into compliance with nighttime and daytime standards. In comparison, the MOA standard requires a 14-foot sound wall and a landscape width at minimum equal to 50% of the building setback width (i.e., 50-foot for a 50-foot tall building).

6. MOA #13 Solar Power/Battery Energy Storage Systems : A consensus on the definition of “operational base power” for solar and energy calculation is proposed. This Option requires Solar Power installation to supply operational base power, with an option to forgo solar installation if “clean” power can be obtained through procuring clean energy from Ava Community Energy (formerly known as East Bay Community Energy (EBCE) Program or participating in the California’s Clean Solar Program, as well as the option for alternative fuels and energy that can achieve Near Zero Emission (NZE) for enhanced greenhouse gas reduction. In comparison, the MOA standard requires solar power installation to supply operational base power and increased solar installation for any future increase in operational base power. Additionally, a backup battery system is required.

7. MOA #14/17 EV Fleet and Monitoring: The Option provides an alternative standard to provide electric vehicle (EV) ready conduits for future EV truck integration at delivery docks and elsewhere onsite. In comparison, the MOA standard requires Heavy Duty trucks domiciled on site to be at minimum 2014 clean model or later and phased into EV Heavy Duty Trucks by end of year 2025; and requires Medium Duty vehicles domiciled on site to be phased in with clean vehicles starting in 2025 and 100% zero emission vehicles by end of year 2027.

8. MOA#18 Transport refrigeration units (TRUs): This Option requires electric connectivity installation for TRUs that serve cold storage facilities. In comparison, the MOA standard also requires electric connectivity for TRUs that serve cold storage and requires the owner of the project site to record a covenant to prohibit future TRUs if they are not initially proposed with a development project. If a cold storage is proposed in the future, the owner would have to remove the covenants recorded on the property.

9. MOA #25/26 Development Agreement (DA) Reviews and Public Noticing: The City already requires annual DA reviews for compliance and requires neighborhood meetings and public City of Stockton Printed on 11/30/2023Page 5 of 9
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hearings for certain discretionary warehouse projects. This includes projects that require California Environmental Quality Act (CEQA) analysis and public noticing. Other reviews that are ministerial require compliance with development standards and do not require public hearings, notices, and are exempt per CEQA guidelines. While Option B does not require additional meetings as they will result in longer processing times for ministerial actions, all projects are public record. As monitoring and public notification are not a common quantifiable mitigation under CEQA guidelines, and the items are already required per Stockton municipal code, no alternative is proposed.

Analysis
· Complies with General Plan policies for environmental protection and enhanced design standards without including ambiguity that could lead to confusion or added cost for the city and private developers.
· Exceeds greenhouse gas reduction standards of the Climate Action Plan (CAP) and conflicts with CAP strategies for securing funding for proposed reduction standards and lessening the impact of private development.
· Staff utilized eight different examples of Setbacks and buffers of other Cities exploring similar warehouse standards to compare what is considered acceptable practice. · While the standard would be implemented for ministerial and discretionary projects, all development would have to indicate compliance with the current State objective of climate change being carbon neutral by 2045. This includes all air quality, stormwater, and building code compliance at the time a permit is issued.

Option C: Industry Recommended
This Option reflects recommendations of the industrial development industry. Option C standards are shown in Attachment F. While industry representatives are mostly agreeable to the standards proposed in Option B, the following summarizes adjustments to the Option B standards which are reflected in Option C.

1. MOA#2 Off-Road Construction Equipment: This Option requires smaller construction equipment to be powered by clean fuel sources, but does not regulate fuel sources for large construction equipment since fuel source options are limited in availability and still emerging.

2. MOA #10 Building Standards : Recommended CALGreen State and local standards should be used for all new building structures. This is the current practice.

3. MOA #12 Landscaped buffer: A 20-foot landscape buffer is proposed as opposed to the 40- foot landscape buffer proposed in Option B. This is consistent with current Code (SMC

16.80.170).

4. MOA #13 Solar Power/Battery Energy Storage Systems : Proposed solar shall comply with all current State and local requirements. Further, the use of non-reflective materials on the roof is proposed. Language included for procuring clean energy Ava Community Energy (formerly known as East Bay Community Energy) and participating in California’s Community Solar Program
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5. MOA #15 Electric Charging: Provide EV charging for automobiles consistent with the California Building Code.

Analysis
· Complies with General Plan policies for environmental protection and enhanced design standards without including ambiguity that could lead to confusion or added cost for the City and private developers.
· Exceeds greenhouse gas reduction standards of the Climate Action Plan (CAP) and conflicts with CAP strategies for securing funding for proposed reduction standards and lessening the impact of private development.
· While the standards would be implemented for ministerial and discretionary projects, all development would have to indicate compliance with the current State objective of climate change being carbon neutral by 2045. This includes all air quality, stormwater, and building code compliance at the time a permit is issued.

Both Ordinance Options B and C propose adjustments and alternatives to certain MOA standards. If certain standards from the MOA are not included in the proposed warehouse ordinance, a justification must be provided to explain:

1. Why such standard is infeasible to include.

2. What alternative measure is being proposed for inclusion in lieu of any omitted measure.

3. How such alternative measure reduces potentially significant environmental impacts.

A feasibility analysis was prepared to address the process specified above for both Ordinance Option B ( see Attachment H - Feasibility Analysis) and Ordinance Option C (see Attachment I- Feasibility Analysis).

Environmental Analysis
The proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), (Common Sense Exemption) and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan).

Section 15061(b)(3) Exemption (“Common Sense Exception”) CEQA requires the analysis of agency approvals for discretionary actions that could lead to a direct or indirect physical change in the environment. The proposed project involves discretionary amendments to the Stockton Municipal Code (SMC) but is exempt from CEQA review as it would not significantly impact the environment. The Zoning Code amendments would amend the City’s zoning standards to add enhanced development standards for logistic warehouse construction and operation. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. The Project is exempt from CEQA because it would not significantly affect the environment.

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Section 15183 (General Plan Consistency) Exemption
The General Plan Environmental Impact Report (GP EIR) was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062). The proposed code amendments would amend the City’s zoning standards to add enhanced development standards for logistic warehouse construction and operation. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GP EIR. Therefore, no additional environmental review is required per CEQA Guidelines section 15183 (Consistency with General Plan or Community Plan).

Planning Commission
On October 26, 2023, the Planning Commission held a public hearing to consider the proposed warehouse ordinance. At the meeting, staff presented three (3) ordinance options for the Commission’s consideration that reflected discussions in the prior Commission study sessions, research efforts conducted by staff, and public input received. At the conclusion of staff’s presentation and public comments received, the Planning Commission voted 6-0 (Commissioner Nathaniel Absent) to recommend the City Council adopt Ordinance Option C (Attachment I - Approved PC Resolution). Following the Planning Commission’s approval of recommendation for Option C Ordinance to City Council for approval, City staff discovered some editorial errors and minor inconsistencies between the draft Option C ordinance and the Comparison Table provided in the Staff report. The comparison table showed that certain standards in Option C were the same as Option B, however, the draft ordinances contained in the staff report had slight clerical differences in phrasing that did not change the purpose and intent of the standard but should have been aligned. Staff performed minor clerical adjustments to the draft Option C ordinance for the City Council report to more accurately reflect the intended language. Further, staff discovered ambiguous language in the draft Option C ordinance for standard 2c, e and f that related to solar panel that have been adjusted to provide greater clarity based on consultation with the development industry that proposed the original standard language. These updates are incorporated in Attachment F for the Council’s consideration.

Public Notice
Notice for the City Council public hearing for this request was published in The Record on November 22, 2023.

A public comment was received prior to the staff report being published; included as Attachment K.

Please note that Attachment K has not been reviewed or vetted by staff. The assertions within said submittal are that of the author(s).

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FINANCIAL SUMMARY
The requested action to amend the Stockton Municipal Code Title 16 (Development Code) will have no immediate financial impact.

Attachment A - California Attorney General Approved Agreement Attachment B - Sierra Club Approved Agreement
Attachment C - Outreach and Comment Summary
Attachment D - Proposed Ordinance (Option A)
Attachment E - Proposed Ordinance (Option B)
Attachment F - Proposed Ordinance (Option C)
Attachment G - Ordinance Option Comparison Table)
Attachment H - Option B Feasibility Analysis
Attachment I - Option C Feasibility Analysis
Attachment J - Approved PC Resolution
Attachment K - Public Comment
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Warehouse
Ordinance Outreach Summary
Below summarizes the feedback and sugges�ons received by various groups from late August through October 2023. The points summarize numerous comment leters and mee�ngs held with City staﬀ in the crea�on of the proposed warehouse ordinance.

Mee�ngs Conducted (alphabe�c order)
• Atorney General’s Representa�ve Mee�ngs: 8/30, 9/13, 9/21, 10/5 • Environmental Advisor Mee�ngs: 9/11, 9/14, 9/18, 9/21, 9/26, 10/11 • Industrial Advisor Mee�ng: 9/6, 9/20, 10/5
• Mee�ng with group of concerned residents: 9/18
• Mee�ng Climate Specialist: 10/3,
• Mee�ng with Municipali�es with Warehouse Ordinance or Considera�ons: 9/28, 9/29 • Planning Commission Ad-Hoc Commitee Mee�ng: 8/30, 9/7, 9/14, 9/21 (9/21 Release of Ad-Hoc Notes) • Planning Commission Study Sessions: 8/10, 8/24, 9/28, 10/12 • Release of Ad-Hoc Mee�ng Notes: 9/21
• Release of Working Dra� standards to Public and Groups: 9/15, 10/12, and 10/19

# Comment or Issue Raised City Response
Atorney General’s Representa�ve Mee�ng

1. EV ﬂeets and monitor could be diﬃcult to implement
and enforce. Suggest looking at truck routes (exis�ng
and new) to move away from sensi�ve receptors and
project review to ensure truck routes stay away from
these receptors before approval of the project’s
design.

Staﬀ is open to adding project speciﬁc reviews that prohibit new Truck routs from being located next to sensi�ve receptors like schools and homes.

2. Does not want City staﬀ to limit their review of
op�ons to just the MOA or past examples given to the
City.

City staﬀ are inves�ga�ng and exploring op�ons. The City is upda�ng its climate ac�on plan in 2024 and did indicate to the AG representa�ve that a general plan amendment would likely take this eﬀort into summer or fall of 2024.

3. The AG representa�ve wondering if the City would be open to General Plan amendments to reroute trucks
and explore ways to buﬀer land uses.

Staﬀ indicated a General Plan amendment would take �me and can only be done four �mes a year with the city already engaging in possible amendments for the city and private ATTACHMENT C - Outreach Summary
692
# Comment or Issue Raised City Response
projects. The industrial areas in the general plan were carefully selected, reviewed per CEQA, and adopted so staﬀ would not be comfortable making changes per the MOA that would alter or impact on the land use adopted in the general plan.

4. The AG oﬃce is open for an extension should
measures need further discussion.

Staﬀ will discuss if needed.

5. The AG oﬃce prefers a 1,000� buﬀer, rather than
300’ required and Tier 2 standards be considered for
new construc�on.

City staﬀ are inves�ga�ng.

6. The AG’s oﬃce sent clariﬁca�on measures to the City on 10/9/23.

While some measure included alterna�ve language, most of the sugges�ons seem to indicate the AG’s oﬃced preference the original measures included in the MOA and addi�onal items add for clarify and enhanced features (i.e., trees). Staﬀ will con�nue to work with the AG’s oﬃce for Op�on B adjustments and
propose the MOA in the original form.

Environmental Advisor Mee�ngs

7. Would like the city to enforce CARB standards directly instead of the Air District which is tasked with
implemen�ng state and CARB standards. Staﬀ
reaching out to Air District and state staﬀ on the
mater.

City staﬀ are inves�ga�ng; however, discussion with air district and climate specialist indicate that the state is s�ll working on standards and process to update new standards. This
complicates the task of applying new standards as they are s�ll being worked on.

8. Does not oppose development but feels the region
needs projects that improve air quality for residents.

Staﬀ will con�nue to work on improving environmental and health condi�ons.

9. Understands staﬀ shortages but would like the City to looking more monitoring and enforcement
procedures to ensure facili�es stay current with best
prac�ces.

City staﬀ are inves�ga�ng. City exploring more informa�on on the city’s website as con�nual monitor of exis�ng opera�ons would be costly and �me consuming as is not a typical prac�ce of most ci�es.

10. Encourages staﬀ to reach out to residents. Especially in the south Stockton areas.

Staﬀ have met with some residents and will con�nue to reach out for this and other city eﬀorts (development code and housing eﬀorts). This includes the rezones in 2022 to remove industrial uses from south and east Stockton areas.

Industry Advisors Mee�ngs
ATTACHMENT C - Outreach Summary
693
# Comment or Issue Raised City Response

11. Concerns with added costs of implemen�ng
standards that could make development projects
infeasible. Will put Stockton at a compe��ve
disadvantage with surrounding ci�es that are
suppor�ve of industrial and logis�c uses as job
generators and key components to the economic
market.

Staﬀ exploring feasibility through use of an outside consultant.

This includes review of direct project cost impacts and a compara�ve analysis of how those cost impacts compare with surrounding areas. Study should be complete by October 2023.

12. Does not oppose energy eﬃciency or climate
reduc�on methods but prefers a well thought out
approach.

No response yet. Coordina�ng with other departments on
status of the City’s Climate Ac�on Plan Update.

13. Signiﬁcant concerns with requirement to regulate
electric vehicle ﬂeet mixes on industrial operators
and EV repor�ng and compliance. Regula�on should
remain at the state level (Clean Air Resources Board
(CARB)), since they enter into agreements with heavy
and medium duty vehicle manufacturers regarding
vehicle produc�on availability to open market
deadlines. Further adequate vehicle charging
facili�es are s�ll not readily available through the
state to support EV heavy duty and medium duty
vehicles.

City Staﬀ discussing with the AG and Sierra Club, since requirement came from the setlement agreements for
Mariposa Industrial Project.

14. Concerns with costs of compliance with CalGreen Tier two building code requirements and are not a
requirement in most ci�es in the state for Industrial
development.

City staﬀ inves�ga�ng, reques�ng industrial to share cost analysis is available. Not much data on how many ci�es have Tier 1 or Tier or the quan�ta�ve amounts for cost or beneﬁts.

15. Concerns with Solar requirements to construct solar infrastructure, and encouraging the City to join the
East Bay Energy Collec�ve (EBEC), so industry can
purchase clean energy from Collec�ve to provide for
base power opera�ons
City Staﬀ have been going the EBEC and will consider it an op�on.

16. Concerns with what can occur in the 300’ buﬀer area.

Recommending the City of Fontana ordinance model
restricts diesel trucks in the area.

Staﬀ Inves�ga�ng City of Fontana Ordinance and other sources.

Examples given by the DOJ representa�ve are the basis for the ATTACHMENT C - Outreach Summary
694
# Comment or Issue Raised City Response
Op�on B adjusted measures which include the DOJ’s best
prac�ces.

Mee�ng with group of concerned residents

17. Many feel an ad-hoc commitee of residents is s�ll
needed regardless of consensus on measures. A
commitee for the measures and any Climate Ac�on
Plan update.

Coordina�ng with other departments on status of the City’s Climate Ac�on Plan Update.

18. Although the larger warehouse is not located near
south Stockton homes in urbanized areas, some feel
there will be indirect impacts (traﬃc, air quality) that need to be accommodated.

In 2022, staﬀ rezoned various industrial proper�es in south Stockton to commercial to remove the poten�al for noxious uses. Staﬀ is hoping to expand on this approach as part of the Development Code overhaul. In addi�on, in 2024 the City will begin the process of upda�ng its climate ac�on plan which will involve a revised emission report.

19. Need for direct dialogue with Commissioners and
Councilmembers on the issues impac�ng south
Stockton communi�es.

Staﬀ encouraged addi�onal mee�ng with city departments and outreach and comments at the hearings.

20. While inclusion of nonproﬁts and agency are
encouraged, some residents feel these groups do not
represent residents and owners within the
community.

Staﬀ encouraged addi�onal mee�ng with city departments and outreach and comments at the hearings. In addi�on, staﬀ have reached out to the Air District’s AB617 commitee
representa�ves and the Transforma�ve Climate Communi�es (TCC) representa�ves. In addi�on, the environmental advisors are comprised of community representa�ves and individuals familiar with the MOA and Mariposa Industrial Project
measures.

21. Members want staﬀ to extend the MOA �meline ﬁrst,
and then discuss measures, outreach, and other
eﬀorts to help south Stockton.

Staﬀ will discuss this at the study session and with the Atorney General’s oﬃce.

Mee�ng with Climate Specialist

22. Many groups and ci�es are watching what happens
with Stockton as this issue is something many are
Staﬀ will con�nue to explore.

ATTACHMENT C - Outreach Summary
695
# Comment or Issue Raised City Response
dealing with, and Fontana was the last example of
what the State wanted.

23. The state is s�ll working to outline how the new 2045 carbon neutral direc�ve will be implemented. This
includes new standards and direc�on to the regional
bodies tasked with implemen�ng them.

Staﬀ will con�nue to explore.

24. EV truck technology is present but s�ll not
commercially viable.

Staﬀ will con�nue to explore.

Mee�ng with Municipali�es with Warehouse Ordinance or Considera�ons

25. Many groups and ci�es are watching what happens
with Stockton as this issue is something many are
dealing with, and Fontana was the last example of
what the State wanted. Many ci�es have received
similar leters from environmental groups on similar
mi�ga�on measures for their projects.

Staﬀ will con�nue to explore and coordinate with those ci�es on feasible best prac�ces.

26. Some of the ci�es do not have the same poli�cal
environment or land available to large new
warehouses.

No ac�on.

Planning Commission Ad-Hoc Commitee1

27. Release measures as soon as possible to allow �me to review before adop�on.

Dra� zoning language released to public for review on Friday September 15, 2023. The September 28th mee�ng will focus on dra� language while the October 12th mee�ng will focus on alterna�ves and ﬁnal language for a proposed ordinance.

28. Members didn’t feel the City should exceed or
expedite items that are the responsibility of the state to monitor and enforce.

Measures requiring monitoring or enforcement of measures that exceed current code enforcement and zoning prac�ces removed. This includes measures that require enforcement of items not commercially available.
1 Mee�ng Notes and Materials included in Exhibit 1 and on the CDD Zoning Update Website ATTACHMENT C - Outreach Summary
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# Comment or Issue Raised City Response

29. Due to �me constraints, the Commitee directed staﬀ
to form a group of environmental/health advocates
and industry advisors in addi�on to mee�ng with
residents and the AG oﬃce.

Staﬀ conducted several weekly mee�ngs with each of these groups to solicit feedback and prepare dra� language for con�nued discussion.

30. Members requested staﬀ inves�gate alterna�ve
measures for EV ﬂeets and examples that allow
alterna�ve fuel op�ons instead of just EV.

City staﬀ are inves�ga�ng.

31. Requested feasibility analysis be conducted. Study is currently underway.

32. Requested all public feedback be considered in staﬀ’s discussion for the proposed zoning standards.

Staﬀ will include a summary of all comments and leters
received to indicate if the item is addressed or can be addressed.

Exh
ibit 1- Planning Commission Ad-Hoc Notes and Materials (release to public 9/21/23) ATTACHMENT C - Outreach Summary
697

Present: A
d Hoc Commitee Member Gurneel Boparai
Rajan Nathaniel
Terry Hull
Michael McDowell, City Staﬀ
Stephanie Ocasio
Mat Diaz
Adriana Guerrero (taking notes)
Mike and
Mat – Gave PPT presenta�on.

Stephani
e - Ad Hoc Commitee needs to iden�fy stakeholder groups (advisors) and determine when they need to be present at Ad Hoc mee�ngs.

Mike - Mee�n
g with Atorney General this week.
- EV Fleet is a signiﬁcant issue. Equipment may be diﬃcult for Logis�cs Operators to ﬁnd for purchase.
- Sierra Club can be a regular advisor; it is the Ad Hoc’s choice. - Setbacks of industrial projects (i.e.: air quality for South Stockton) - Commitee needs to determine involvement of advisors
- Recommends 2 measures are reviewed per mee�ng
Terry Hull - T
oo many advisors may take longer to get things done.

Gurneel -
Voiced preference for order of mee�ngs with advisors.
- As decisions are ﬁnalized, Ad Hoc should have mee�ngs for advisors to give input - Wants to get this done as quickly as possible.

Rajan - Ad Ho
c should be very clear on what informa�on is being requested of advisors. - Staﬀ can engage with advisors during regular business hours and bring info back to Ad Hoc. - Possible AG li�ga�on if deadline is not met.

Gurneel -
Ad Hoc should have 2 workshops with advisors.

Mike - Needed
clariﬁca�on on “workshops.”
Gurneel -
At least 2 mee�ngs with advisors. Does City Staﬀ have capacity to meet and stay in contact with advisors?
Mike - Staﬀ
can communicate with interested par�es, get feedback, and report back to Ad Hoc.

Gurneel -
Diﬀerent perspec�ve but willing to move forward as long as advisor/community input is received.

Stephani
e - Needs clarity.

Terry - Comm
ents from the public will s�ll be received.

Gurneel -
Minutes should be made available to public.

ATTACHMENT C - Outreach Summary
698
Stephani
e – No oﬃcial minutes for Ad Hoc, just notes to ensure nothing is forgoten.

Rajan - Ok with
City staﬀ engaging with advisors.

Stephani
e - Ad Hoc is leading and will advise City staﬀ on direc�on of responses to measures along with public input. Would like concurrence on all decisions made.

Gurneel -
Appreciates City staﬀ ge�ng input from the public.

Terry - There wil
l be plenty of public comment on 9/28 Study Session.

Mike - “Pu
blic” is advisors/stakeholders.

Gurneel -
Agrees
Mike - Sug
gested Sierra Club as advisor
Terry - Cont
ractor and industry should be involved to advise of feasibility.

Terry - Dates d
o not seem realis�c.
- Equipment might not be available by deadlines
Mike - Sier
ra Club & Atorney General agreed that deadlines are not realis�c with current Mariposa Road project.

Terry - New co
de should be more realis�c.

Mat - Shoul
d focus on six (6) bigger items. Staﬀ needs to determine how to follow up on standards put into place. Feasibility study being done.

Mike – Kno
ws of two industrial industry par�es available for City staﬀ to bring in as advisors if needed.

Gurneel -
Agrees with Hull. Demand for EV chargers and current ordinance is too heavy handed and manufacturers for chargers are backlogged.
- Hinderance and a loss of money
- There should be a Zoning designa�on for EV charging. Chargers should not be on warehouse proper�es.

Rajan - What
other direc�on is needed from Ad Hoc?
Mike - Need
to ﬁnalize length, frequency, and start �mes of mee�ngs.

Rajan - Sugg
ests 1 hour and extend to 1.5 hours as needed for diﬃcult topics.

Terry - 5pm
is challenging. Can make it but is not ideal. 1 hour is ok.

Mike - Sugge
sts lunch hour.

ATTACHMENT C - Outreach Summary
699

Gurneel
- Ok with lunch hour. Would like to keep under 1 hour.

Rajan - Ok with lunch hour

Mike - Thursdays?

Terry – Agreed to Thursdays

Mike - Time?

Terry – 1 pm

Rajan – Agreed to 1 pm

Gurneel – Agreed to 1 pm

All - Agreed to weekly Ad Hoc Mee�ngs on Thursdays at 1pm from 9/7/23 – 9/28/23.

Mat - 8/10 PPT atached to Teams chat
- Will keep everyone updated
- Dra�s will be posted to City website
ATTACHMENT C - Outreach Summary
700

PLANNING COMMISSION
Warehouse Ad-Hoc
Committee

Industrial Warehouse Standards
August 30, 2023
ATTACHMENT C - Outreach Summary
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Today’s Meeting

1. Project Schedule

2. Overview of Measures
– Define what staff proposes to keep; and items
to discuss with th
e ad-hoc group

3. Working Draft of Code

4. Measures Needing Discussion

5. Implementation and Alternatives

6. Ground Rules

7. Use of Advisors

8. Ad-Hoc Schedule
ATTACHMENT C - Outreach Summary
702
1) Project Schedule
• September
– Ad-Hoc and Working Group Meetings
– Ord. Working
Draft Available to Public Mid-Sept
• 9/28- PC Study Session on
Committee/grou
p findings & Draft Ordinance
• 10/26- PC for Recommendation
• 12/5- CC Consider
ation for Adoption
ATTACHMENT C - Outreach Summary
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2) MOA Overview
• 26 measures total
– 19 measures proposed to carry over into Code
– 5 measures for focusing Ad-Hoc discussions
• Several of the 6 measures/items may be consolidated
– 2 measures removed
• Discussion on size/definition applicability
ATTACHMENT C - Outreach Summary
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3) Working Draft Code
• MOA measures converted to typical code
outline.
• About 1
9 measures proposed to carry over.
• All were edited for codification, some of
which were chang
ed from their original
thresholds.
• Organized into submittal requirements,
development
standards, construction, and
ongoing activities.

ATTACHMENT C - Outreach Summary
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4) Measures for Discussion
• There are five (5) measures and one (1) size
qualifier to d
iscuss.
• Some may get included into the Code, but
others may
have alternatives proposed if
staff cannot find a reasonable compromise.
• Staff defines the issues and possible
solutions that will
likely require collaboration
with stakeholder groups (advisors).

ATTACHMENT C - Outreach Summary
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5) Implementation Table
ATTACHMENT C - Outreach Summary
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5) Alternatives
ATTACHMENT C - Outreach Summary
708
6) Ad-Hoc Schedule

1. 8/30- this meeting

2. 9/7- possible 2nd meeting

3. 9/13 - possible 2nd meeting

4. 9/18 or 9/21- possible 3rd meeting

5. 9/28- PC Study Session (no proposed Ad-
Hoc)

6. More/oth
er?
ATTACHMENT C - Outreach Summary
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7) Ground Rules
• Meeting Times
• Information Sharing
• At least 3 more ad-hoc meetings
– 1 per week ending PC meeting week 9/28
• Estimates an hour or more each
• Two discussion measures per meeting
• Materials will be sent to groups for review and
comment separ
ate from the discussion items
• Each meeting will have some time to
discuss commen
ts
• Roughly leaves 25-30 minutes for each discussion
point.

ATTACHMENT C - Outreach Summary
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8) Advisors
• Ad-Hoc group meets weekly
• Advisors c
alled on as needed
• Working Draft release in mid-September
– Will send to stakeholders and all individuals
expressing i
nterest in the effort. CDD
Warehouse Website
• Effort could extend into 2024, requires
consent of Sierr
a Club and A.G Office.

ATTACHMENT C - Outreach Summary
711

Present:

Gurneel Boparai
Rajan Nathaniel
Terry Hull
Michael McDowell
Stephanie Ocasio
Mat Diaz (taking notes)
Adriana Guerrero

General
• ADC wanted the public dra�s release asap to give people �me to review • Agreed with staﬀs approach to the advisors and reaching out to the general public • Wanted staﬀ to include all comments received, even if it is more policy based that may result in ac�ons beyond the code wri�ng.
• Staﬀ indicated measure 20 and the applicability would be the next topic for discussion. • Staﬀ indicated that the 9/28 study session could extend into 10/12 for the city and stakeholders to feel comfortable in moving towards a 10/26 or 11/7 PC and 12/5 CC • Staﬀ informed the ADC that the city received grant money to update the climate ac�on plan and that some may be more interested in that eﬀort than the code.

Measure 20-
• Most seem agreeable to the program, but wanted to know if there were costs associated with its inclusion.
• ADC stated the city should not be responsible for monitoring the program and agreed with staﬀ that enforcement of the program could be messy.
• The ADC indicated a preference to either amend the measure to remove enforcement/monitoring or look for an alterna�ve if agreeable to the DOJ

Measure 14/17-
• Staﬀ outlined the requirement for permit approval, the monitoring, and enforcement issues with requiring an all EV ﬂeet with yearly monitoring.
• The ADC members indicated it was not the city’s place to require and monitor/enforce forcing an industry standard that is not applied by the state and may result in a signiﬁcant impact in the market.
• The ADC was interested in a feasibility analysis for how this impacts the market. • One member of the ADC wanted staﬀ to explore incen�ves and alterna�ve fuels in addi�on to EV items.
• Staﬀ indicated that the DOJ is mee�ng with staﬀ to explore alterna�ves to these measures that would be more project based or involve analysis of truck movement. • The ADC directed staﬀ to explore more op�ons and alterna�ves and examples of how other ci�es are dealing with similar measures or with requiring EV ﬂeet mixes. • Since the ADC did not support the measures, the members agreed with staﬀ that an alterna�ve measure(s) should be explored with the help of the DOJ.

(MOA#20) The tenant/operator of the qualifying facility(ies) shall enroll and par�cipate the in SmartWay program for eligible businesses.

ATTACHMENT C - Outreach Summary
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 Issue: Staﬀ i
s unsure how to enforce the inclusion for all future tenants, if a compliant is ﬁlled about a facility not repor�ng data to the voluntary program.

 Solu�on (order of preference):

1. Deﬁne needed only at issuance of permit.

2. Remove programs (DOJ isn’t worried)

3. Alterna�ve measure for monitoring.

(MOA#14) EV Fleet and (MOA#17) EV Monitoring

 Issue:
• This measure exceeds the �meline of the state’s implementa�on of carbon neutral by 2045.
• The technology does not seem to be there for EV ﬂeets. • Staﬀ �me to monitory and legally of enforcing these measures. • Impacts to the city’s good movement and industrial sector.

 Solu�on (14/17):
• Remove and ﬁnd alterna�ve (revised truck routs via DOJ recommenda�on)
• Comply with CARB
• Look into alterna�ve fuel op�ons.

ATTACHMENT C - Outreach Summary
713
Planning Commission Ad-Hoc Committee 9/14/23 Meeting Notes (1:00-2:00 PM) 1 Present: Gurneel Boparai
Rajan Nathaniel
Terry Hull
Michael McDowell
Stephanie Ocasio
Matt Diaz
Adriana Guerrero (taking notes)

Notes:

Mike
- Requested Ad-Hoc member’s availability for Special meeting on 9/20 or 9/21.

All
- Yes, all are available.

Mike
- Might not have a quorum for tonight’s PC Meeting
- Will still have PC Meeting and continue items to Special Meeting

-----------
Mike
- Working with 4 Industry Representatives
Matt
- Some advisors are also consulting with other individuals on other committees - Explained how he has been interacting with consultants - Smart Way programs/EV - Sierra Club does not have confidence that Air District will enforce compliance to State standards
o Need to reach out to AG
- Has had group meetings with citizens that desire to be on Ad Hoc Committee o Discussed direction of groups & why there are no other committees being formed o Citizens want Ad-Hoc committee
o Shared info & process before code
o $650,000 grant for Housing Action Plan
o Citizens may be at next meeting voicing their concerns Gurneel
- Thinks current Ad Hoc Committee have already met guidelines set by City legal Matt
- Citizens did not give specifics on concerns
- Meeting with Environmental Advisors today
Gurneel
- Appreciates staff engaging with public on behalf of Ad-Hoc Committee Mike
- Targeting a 9/28 Study Session with PC
Matt
- Will be summarizing in notes from each advisory group in hopes to help study session on 9/28
- Solar Power Energy and Solar Systems
o No definition of base power makes it difficult
John
- Base Power can be defined in different ways
ATTACHMENT C - Outreach Summary
714
Planning Commission Ad-Hoc Committee 9/14/23 Meeting Notes (1:00-2:00 PM) 2 - Base Power will dictate what size solar system will be required - There are different places where solar can be installed o Roof top, car port, ground mount
o Ground mount system requires fire access roads
- How to deal with future changes to building
o Future occupants may have a different type of company (energy need) - Batteries
o Backup battery system so generators do not have to be used o Solar energy stored in batteries
o Too many batteries stored in building can cause hazardous occupancy o Spec Shell buildings - Buildings that are constructed without tenant present a challenge as energy need is not defined yet
Gurneel
- Storing solar energy in batteries is very expensive
- Father is starting a solar farm
- Suggests considering zone or utility piece that companies can offload into John
- Solar panels must be kept at 80% efficiency
Rajan
- What does Industry say about this measure?
Mike
- Industry is trying to define definition of base power.

Rajan
- Will need to know % of base power
Gurneel
- He understands base power to mean all in one system.
- Will need to know how much power is coming in and how much will need to be stored Stephanie
- What was AG’s perspective? How did this become a mitigation.

Mike
- AG & Sierra Club wanted to ensure less reliance on the grid - Industry does not think measure is reasonable or feasible Stephanie
- Confirmed intent was to reduce reliance on grid and the reduction of greenhouse gases Terry
- Do any other cities have similar measures?
Gurneel
- Need to calculate how much solar power will be needed Stephanie
- Base power may change depending on other factors
- How many solar panels will be enough?
Matt
- Will need to be reviewed at time of construction via building permit process - Will standard be enough to cover future tenants?
Stephanie
- Concerns with monitoring
Matt
- Staff does not have the capacity to monitor
ATTACHMENT C - Outreach Summary
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Planning Commission Ad-Hoc Committee 9/14/23 Meeting Notes (1:00-2:00 PM) 3 Matt
- Staff is not an expert
- Need to be easy to understand by applicants and by staff Stephanie
- Can baseline be estimated from energy currently being used without solar? Matt
- There are different ways to determine energy needed
- Anything Ad-Hoc Committee would like Staff to consider/explore? Rajan
- Recommends looking into percentage/amount of power being generated by solar Terry
- Recommends finding examples from other cities
- Do not reinvent the wheel
Matt
- AG provided case studies which were usually dictated by policy instead of standard Gurneel
- Make sure we are calculating amount of energy from solar Mike
- Community Solar Program with the State
o Not yet implemented
- East Bay Energy Collective is an offshoot of Community Solar Program o Solar power will be provided for citizens that cannot pay their energy bills Gurneel
- Confirmed this is Assembly Bill 2316
Mike
- Industry would like this to be included as an option in the standard Stephanie
- How are reductions in greenhouse gases quantified?
Matt
- AG is not worried about quantifying if groups are okay with the measure - AG has raised concerns of incentives & programs
- Might come up at 9/28 PC Meeting

Applicability
Matt
- Logistics is not only warehousing type. Trying to define “logistics” with AG. - Average warehouse size is 600-700 k sq ft, on a 20-50 acre project site - Staff is working on a map that identifies future use areas Gurneel
- 100k sq ft is a lot lower than the average determined by Dept of Labor which is 670k sq ft Matt
- Shared map of past entitlement improvements of the area o Used to determine average of sq ft
o 700k sq ft will require around 38 acres
Stephanie
- Recommends a large square footage and use market info to support Gurneel
- Can get that info from Dept of labor
ATTACHMENT C - Outreach Summary
716
Planning Commission Ad-Hoc Committee 9/14/23 Meeting Notes (1:00-2:00 PM) 4 Rajan
- Agrees with using larger sq ft along with market info Gurneel
- Suggests threshold of 100k – 400k
Mike
- Different sq ft might need different measures, similar to Fontana Ordinance. - Meant for logistics as in Cold storage and distribution with a lot of trucks Matt
- Is group interested in that type of standard?
Gurneel
- Requests staff determine and come back to Ad-Hoc with info Matt
- Next meeting will be discussing Measure 10 which is about energy efficiency of buildings Mike
- Would like to have draft ordinance by 9/28 PC Study Session Matt
- Committee will be receiving draft language of measure soon - Will also be released to the public
Gurneel
- Staff is doing a great job & he appreciates the work
Matt
- Will email to all that are interested in measure and post on website Gurneel
- Wants to be sure that final version is sent to the public

ATTACHMENT C - Outreach Summary
717
Planning Commission Ad-Hoc Committee 9/21/23 Meeting Notes (1:00-2:00 PM)

1 Meeting: PC Ad-Hoc Meeting
Date: 09/21/2023
Time: 1:00 – 2:00 pm
Attendance: Staff Ad Hoc Committee
Stephanie Ocasio Gurneel Boparai
Mike McDowell Rajan Nathaniel
John Schweigerdt Terry Hull
Matt Diaz
Adriana Guerrero (note taker)

Notes:

Mike
- Continued item from 9/14 PC meeting will be continued again due to applicant not being available for 9/28 PC meeting.
- Staff is compiling meeting notes for Ad Hoc Committee meetings and will post on City website.
- Ad Hoc members will receive notice regarding Draft Warehouse Ordinance which includes AG measures and alternate language recommended by Ad Hoc and advisors.

Rajan
- Glad notes are being released to the public
Matt
- Shared draft language of Warehouse standards
- Currently receiving feedback on wording
- Would like to focus on issues or standards that need to be discussed - Has received some feedback regarding landscape buffer - Explained what will be discussed at 9/28 PC Meeting
- Questions? (none from Committee)
Matt
- Measure #10 states that all buildings must meet Tier 2 CalGreen standards John
- Currently enforces statewide minimum/mandatory requirements of the CalGreen Code - Levels of the CalGreen Code are Mandatory, then Tier 1, Tier 2 - Tier 2 will be enforced with new ordinance. This is 2 levels higher than current.

ATTACHMENT C - Outreach Summary
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Planning Commission Ad-Hoc Committee 9/21/23 Meeting Notes (1:00-2:00 PM)

2 - Complying with entire division in CalGreen code will result in override of other measures that require Tier 1.

Matt
- Staff prefers consistent standards for everything
- Environmental groups prefer Tier 2
- Industry prefers current standards
- Staff is looking for healthy medium between the two
- Questions? (none from Committee)
Gurneel
- Needs time to go through CalGreen standards
- How many fall into each tier in the AG’s Best Practice Report? Matt
- Difficult to lock down AG best practices. Looking to have analysis ready for future study sessions.
- Will review each measure.
- DOJ Best Practices recommend and prefer tier 2
- Doing a cost estimate and will have figures at a later meeting Gurneel
- We need to get cleaned up and will review standards
Matt
- Will have an outline at a high level in the future
- Won’t have estimate from consultants before 9/28 PC Meeting Mike
- Asked John to share reference document that explains the differences between tiers John
- Shared a summary chart from CalGreen. Applies to all buildings. - 15 measures over minimums for Tier 1
- 25 measures over minimums for Tier 2
ATTACHMENT C - Outreach Summary
719
Planning Commission Ad-Hoc Committee 9/21/23 Meeting Notes (1:00-2:00 PM)

3 - Each tier is more restrictive.

Mike
- Regarding EV charging, what is currently mandatory under CalGreen? John
- About 10% of stalls
Matt
- LEED certification is reviewed by private outside agency and will still need to comply to CalGreen
John
- Confirmed
Matt
- LEED standards will be reviewed but will not determine a Tier of CalGreen.

Rajan
- Cost analysis will be helpful
Matt
- General Assessment of Costs is available online
- Asked Ad Hoc members to share ideas
- Questions?
Terry
- Has Fontana code been reviewed by staff?
Matt
- Staff has been putting together a list of alternatives to Fontana code Terry
- Fontana is the only code he’s been able to find in the state Matt
- Reviewer from AG Office recommends not using Fontana as an example - Staff is looking for a healthy medium. AG prefers a larger buffer zone.

Terry
- Fontana is the only example
ATTACHMENT C - Outreach Summary
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Planning Commission Ad-Hoc Committee 9/21/23 Meeting Notes (1:00-2:00 PM)

4 Matt
- Staff has compiled all examples from AG Office and is reviewing Terry
- Fontana’s code was just adopted in April 2022. Would like to see impacts to development since adoption.

Mike
- Current code is 20 feet. Agreement encourages staff consider a buffer of 1,000 ft. - Per AG, no semi trucks can be located in the buffer.

Stephanie
- Is Staff parking (i.e. personal passenger vehicles) permissable in buffer? Mike
- Yes
Matt
- Asked AG if Zero emissions trucks are ok to park in buffer but there is no way to regulate/monitor this
- Shared image of map that indicates areas that will accommodate new warehouses of that size
- Map shows industrial vacant lots that are 5.5 acres or more based on a calculation of 10 recent projects and lot coverage.
- Staff has paired standards provided by AG with Fontana and is using as a template - Staff is not comfortable implementing as proposed
Terry
- Colton is smaller than Stockton
Matt
- Colton standards are more aggressive than others but Colton does not have the same makeup as Stockton.
- Would like to find out how standards in Colton evolved Terry
- Fontana is closer to the size of Stockton
Matt
ATTACHMENT C - Outreach Summary
721
Planning Commission Ad-Hoc Committee 9/21/23 Meeting Notes (1:00-2:00 PM)

5 - Will most likely not have time to discuss alternatives at next PC Meeting. Staff to recommend discussing at a future meeting.

Mike
- Hopes PC will make determination at 9/28 meeting if discussions should continue Matt
- If PC recommends continuation, should we have another Ad Hoc meeting? Mike
- Deferred to Ad Hoc
Terry
- Will probably want to meet again
Gurneel
- Agrees to meeting again
Terry
- Might not be present at 9/28 PC Meeting
Mike
- Would like as many voters as possible to be present
Terry
- Will try and make it to meeting
Terry
- Can make it to the 10/26 meeting
Mike
- No action to be taken on 9/28 PC meeting but encouraged attendance for Ad Hoc members.

Matt
- Reviewed follow up items: staff will continue to review standards, Committee has no preference on Tiers without seeing financial figures, and Ad Hoc will meet again between 9/28 and 10/12 PC Meetings.

Terry
- Confirmed
Mike
ATTACHMENT C - Outreach Summary
722
Planning Commission Ad-Hoc Committee 9/21/23 Meeting Notes (1:00-2:00 PM) 6 - Ad Hoc will not meet next week as there’s the PC Study Session that evening.

Matt
- Will need to schedule an additional meeting if item continued Mike
- Will most likely be scheduled for 10/5
Gurneel
- Requested staff’s notes on CalGreen be shared with committee.

Matt
- Information will be in Staff Report and PPT presented at PC meeting. Will try to have ready by 9/28 meeting.

Stephanie
- Everything shared during Ad Hoc meetings will be attached to the meeting notes Matt
- Will be posting notes online
Gurneel
- Thanked staff for their hard work.

ATTACHMENT C - Outreach Summary
723

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ATTACHMENT C - Outreach Summary
724
Summary of CALGreen Measures w/ Proposed Warehouse Ordinance

CALGreen Related Measures from MOA (Exhibit A):

MOA Reference: Measure:

Pg. 5, Bullet #3 Cool Roof

Pg. 6, Bullet #5 Advanced Energy Efficiency

Pg. 12, Bullet #1,
Sub Bullet #1
Passenger EV

Pg. 12, Bullet #1,
Sub Bullet #2
Fuel Efficient Vehicle Parking:

Conflicting Measures:
• The “advanced energy efficiency” requirement above, specified for compliance with CALGreen Tier 2, would override the “cool roof” requirement that is specified for compliance at Tier 1. To meet compliance with Division A5.1, Tier 2, the aged solar reflectance and thermal emittance will exceed Tier 1 requirements nullifying the “cool roof” MOA measure.
• The “advanced energy efficiency” requirement above, specified for compliance with CALGreen Tier 2, would override the “passenger EV” requirement that is specified for compliance at Tier 1. To meet compliance with Division A5.1, Tier 2, the minimum number of EV stalls will exceed Tier 1 requirements by 15% nullifying the “passenger EV” MOA measure.
• The “advanced energy efficiency” requirement above, specified for compliance with CALGreen Tier 2, would override the “fuel efficient vehicle parking” requirement that is specified for compliance at Tier 1. To meet compliance with Division A5.1, Tier 2, the minimum number of stalls designated for fuel efficient ATTACHMENT C - Outreach Summary
725
vehicles will exceed Tier 1 requirements by 15% nullifying the “fuel efficient vehicle parking” MOA measure.

Other Conflicts:

MOA Reference: Measure:

Pg. 6, Bullet #2 VOC Limits
• Section 5.504 of the CALGReen Code, specifically Table 5.504.4.3, already has requirements for VOC content limits for architectural paints and coatings as part of the mandatory measures. This measure exceeds any level provided for in the CALGreen Code.

CALGreen Tier 1/Tier 2 Comparison Table.

Attached is a summary table of the differences between Tier 1 and Tier 2. Note that the MOA does not require compliance with Divisions A5.3 or A5.4 for Tier level compliance, however the mandatory measures of Division

5.3 and 5.4 are still applicable.

Attachments:

CALGreen Tier 1 and Tier 2 Comparison Table
Executed Memorandum of Agreement
ATTACHMENT C - Outreach Summary
726

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ATTACHMENT C - Outreach Summary
727
City Limits
Large Industrial Parcels
Legend
Vacant Industrial
Parcels Larger than

5.5-Acres
Map created by City of Stockton Advanced Planning
staff on September 18, 2023. Aerial image is from
ArcGIS baselayer, "Earthstar Geographics".

City of Stockton
Community Development Department
345 N. El Dorado Street
Map created by: Advanced Planning staff
Map created on: September 18, 2023
Eight Mile Road
Hammer Lane
March Lane
Pacific Avenue
Airport Way
Harding Way
West Lane
ATTACHMENT C - Outreach Summary
728
Attachment D - Proposed Ordinance (Option A)
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW INDUSTRIAL WAREHOUSE DEVELOPMENT STANDARDS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

SECTION I: FINDINGS AND INTENT
The City Council is authorized by section 16.212.030 of the Stockton Municipal Code (SMC) to adopt amendments to Title 16 (Development Code) based on the Mandatory Findings of Fact for Development Code Amendments per SMC 16.116.050.

1. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

Evidence: The proposed amendments to Title 16 are needed for consistency with General Plan policies to provide enhanced development measures to mitigate potential environmental impacts from future projects. These amendments are internally consistent with all policy and supportive regulatory documents.

2. Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

Evidence: The purpose of the proposed amendments is to comply with the General Plan policies to proactively mitigate potential impacts. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as they will not result in a physical change in the environment. Future proposals will be reviewed for their compliance with all federal, state, and local standards.

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

Evidence: The proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), (Common Sense Exemption) and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan).

For Section 15061(b)(3) Exemption (General Rule “Common Sense”) CEQA requires the analysis of agency approvals for discretionary actions that 729
Attachment D - Proposed Ordinance (Option A)
could lead to a direct or indirect physical change in the environment. The proposed Project involves discretionary amendments to the Stockton Municipal Code (SMC) but is exempt from CEQA review as it would not significantly impact the environment. The zoning code amendments would amend the City’s zoning standards to add enhanced development standards to logistics warehouses.

These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. The Project is exempt from CEQA because it would not significantly affect the environment.

For Section 15183 (General Plan Consistency) Exemption
The General Plan Environmental Impact Report (GPEIR) was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062). The proposed code amendments would amend the City’s zoning standards to add enhanced development standards to logistics warehouses. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GPEIR. Therefore, no additional environmental review is required per CEQA Guidelines section 15183 (Consistency with General Plan or Community Plan).

4. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

Evidence: The proposed amendments are needed to implement General Plan policies to provide enhanced development measures to mitigate potential environmental impacts from future projects. These amendments are internally consistent with all policy and supportive regulatory documents. The proposed amendments will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as they will not result in a physical change in the environment. Future proposals will be reviewed for their compliance with all federal, state, and local standards.

SECTION II: AMENDMENT OF CODE

730
Attachment D - Proposed Ordinance (Option A)
Title 16, Chapter 16.80 (Standards for Specific Land Uses) of the Stockton Municipal Code (SMC) is amended to add a new Section 16.80.390 (Logistics Warehouses) to read, as follows:

16.80.390 Industrial Warehouse Standards
This section establishes standards for logistics warehouses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Applicability. The standards will apply to the following applications:

1. These standards shall apply to logistics warehouses 100,000 square feet in size or greater.

B. Development Standards.

1. Site Plan Design. The following standards shall apply to all entitlement reviews (site plan), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. All loading docks shall be located no closer than 300 feet from all sensitive receptor groups. The distance shall be measured from the loading dock or any building edge, whichever is closer to the property line of any nearby sensitive receptor defined as any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in- home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, and dormitories.
b. All landscaping adjacent to residential or institution zoning designations or uses shall install an onsite landscape buffer. The buffer shall extend the property line abutting those designations and uses and be sized at a 2:1 ratio for the closest warehouse building(s)–for everyone (1) foot of building height, the buffer shall be two (2) foot minimum, unless approved by the Director if the depth is infeasible. The buffer shall be landscaped not be less than 50 percent of the total buffer size with two rows of 15-gallon trees planted along the length of the entire buffer.
c. The buffer landscape can include areas to be used for bioswales, retention/detention areas and/or other stormwater and water quality management areas in compliance with SMC Section 16.56 (Landscaping).
d. The buffer area shall include a minimum 14-foot solid decorative wall(s), or landscaped berm and wall, or landscaped berm 731
Attachment D - Proposed Ordinance (Option A)
adjacent to sensitive receptors unless a noise analysis indicates an alternative height is needed for sound attenuation.
e. All on and off-site landscaping shall comply with SMC Chapter

16.56 (Landscaping).
f. All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
g. All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth with no undue pruning.
h. Tree maintenance shall comply with SMC Section 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
i. All applicable facilities shall maintain Electric Vehicle (EV) fleets in accordance with the following:
i. Heavy-Duty Trucks: all heavy-duty trucks (Class 7 and 8) domiciled on site are model year 2014 or later from start of operations and shall expedite a transition to zero-emission vehicles, with the fleet fully zero-emission by December 31, 2025, or when commercially available for the intended
application, whichever date is later.
ii. Medium-Duty Vehicles: vehicles/delivery vans/trucks (Class 2 through 6) on site shall apply: (i) 33% of the fleet will be zero emission vehicles at start of operations, (ii) 65% of the fleet will be zero emission vehicles by December 31, 2023, (iii) 80% of the fleet will be zero emission vehicles by December 31, 2025, and (iv) 100% of the fleet will be zero emission vehicles by December 31, 2027.
iii. "Domiciled on site": applies to vehicles parked or kept overnight at the qualifying facility(ies) more than 70% of the calendar year or dedicated to the qualifying facility(ies) site (defined as more than 70% of the truck routes during the calendar year that start at the qualifying facility(ies) site even if parked or kept elsewhere). The tenant/operator of the qualifying facility(ies) shall not be responsible to meet "clean fleet" requirements for vehicles used by common carriers operating under their own authority that provide delivery services to or from the qualifying facility(ies) site.
iv. Zero emission vehicles that require maintenance can be temporarily replaced with alternative vehicles.
v. If an EV fleet is not commercially viable, documentation from a minimum of three (3) EV dealers identified on the
californiahvip.org website must be submitted prior to
issuance of a building permit for the new building
732
Attachment D - Proposed Ordinance (Option A)
demonstrating the inability to obtain the required EVs or equipment needed within 6 months.
vi. If a qualifying facility fails to meet the "clean fleet" requirement, the tenant/operator must implement a
Voluntary Emissions Reduction Agreement (VERA) that
mitigates emissions through emission reduction projects.

The Air District will verify the mitigation effort. The tenant/operator must continue to fund the VERA until fully compliant with the clean fleet requirements.
j. Electric charging facilities shall be provided onsite sufficient to charge all automobiles, and electric trucks domiciled on the site. k. All truck turning movements at entrances, exits, and street intersections shall be located on local industrial, collector or arterial streets and all vehicle entries shall be designed to prevent truck access to local and back-up residential collector streets. l. All trucks and commercial vehicles serving the facility shall occur in compliance with the City of Stockton Truck Traffic Route Map in SMC 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
m. Off-street loading shall comply with Section 16.64.110 Off-street loading space standards.
n. Signs shall be posted inside and outside of the building and facility indicating all off-site parking is prohibited for adjacent street that do not permit parking.
o. All truck driveway exits shall include signs directing truck drivers to the truck routes identified in the City of Stockton Truck Traffic Route Map and State Highway System designations.
p. Upon commencement of operations, the tenant/operator of the facility shall be required to restrict truck idling on site to a maximum of three (3) minutes, subject to exceptions defined by CARB’s commercial vehicle idling requirements.

Developer or tenant is not expected to exercise control over materials painted offsite by a third party.
733
Attachment D - Proposed Ordinance (Option A)
c. All buildings shall be constructed consistent with the California (CAL) Green Building Tier 2 Standards Energy Efficient Standard Section 5.1, 5.2, 5.5.
d. All buildings shall be constructed with Solar Power and Energy Systems large enough to accommodate the building and
operation’s base power use demand at the start of operation and as the base power demand increases to accommodate an electric fleet.
e. The energy storage systems shall have enough battery capacity to serve the photovoltaic system in the event of a blackout. f. All facilities shall be designed to accommodate enough space for all solar panels and batteries.
g. The solar system installation should be done by owners, operators, tenants, or a qualified solar system contractor.

Operation should begin after receiving permission from the utility.

The owner is responsible for maintaining the system at 80% of rated power for 20 years. After 20 years, install a new system or maintain the existing one for the life of the facility. h. Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.
i. The tenant/operator of the qualifying facility(ies) shall enroll and participate the in SmartWay program. Proof of enrollment shall be given to the Community Development Department prior to
issuance of a Building Permit for the facility.

3. Construction Permit Approval. The following standards shall apply to all construction related activity associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. Qualifying facilities shall comply with the San Joaquin Valley Air Pollution Control District (SJVAPCD) requirements prior to beginning construction.
b. All off-road construction equipment, with a power rating of less than 19 kilowatts (e.g., plate compactors, pressure washers, shall be electric-powered.
c. The use of electric-powered, battery-powered, natural gas, or hybrid construction equipment and vehicles are required during construction if commercially available meeting the highest rated California Air Resources Board (CARB) Tier technology available at the time of construction may be used.
d. Subject to all other idling restrictions, off-road diesel-powered construction equipment shall not be left in the “on position” for more than 10 hours per day.
734
Attachment D - Proposed Ordinance (Option A)
e. Temporary electrical hookups to all construction yards and associated work areas shall be required.
f. Temporary signage shall be posted in public view throughout the construction site indicating truck idling lasting more than five (5) minutes is prohibited. The signs shall include contact information for the facility operator or designee responsible for receiving complaints (i.e. excessive dust, fumes, odors) for the site and contact information for the San Joaquin Valley Air Pollution Control District’s on-line complaint system and its complaint call- line for those interested in filing a complaint. Any complaints made to the facility operator’s designee shall be answered within 72 hours of receipt.
g. The construction contractor(s) shall maintain on the construction site an inventory of construction equipment, maintenance records, and datasheets, including design specifications and emission control tier classifications.
h. The facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.
i. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers. j. Diesel Generators are prohibited, except in emergency situations and during construction when establishing the facility’s new electrical service connection. In those temporary cases, all generators shall have Best Available Control Technology (BACT) that meets CARB’s Tier 4 emission standards.

C. On-Going Operations: The following standards shall be implemented during all on-going business.

1. All forklifts, yard trucks, and other equipment used for on-site movement of trucks, trailers and warehoused goods, as well as landscaping maintenance equipment used on the site, shall be electrically powered or zero-emission.

2. All facilities shall maintain a zero emission vehicles/trucks required to meet the "clean fleet" requirements above.

3. Within 30 days of issuance of the final certificate of occupancy, the tenant/operator shall demonstrate to the satisfaction of CDD staff that the applicable clean fleet requirements are being met. Any extension of time granted to implement this condition shall be limited to the shortest period necessary to allow for 100% electrification under the clean fleet requirements.

4. The tenant/operator shall submit similar reports every two years thereafter until full compliance with the applicable clean fleet requirements is achieved.
735
Attachment D - Proposed Ordinance (Option A)

5. If the tenant/operator has not met each 100% clean fleet requirement by December 31, 2027, then the tenant/operator shall submit reports annually until the 100% clean fleet requirement is implemented.

6. After the 100% clean fleet requirement has been implemented, the tenant/operator shall submit to the CDD an on-going compliance report every three years containing all necessary documentation to verify that the clean fleet requirements are being met.

7. Each subsequent on-going compliance report shall be due within 30 days of, but not later than, the three-year anniversary of the preceding due date.

8. Refrigeration Units: proposed cold storage and associated transport refrigerated units (TRUs) shall include electric plug-in units at loading docks serving such refrigerated space.

9. Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.

10. Employers shall provide on-site locations for food or catering truck service and cooperate with food service providers to accommodate food service to operations employees.

11. All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.

12. All trucks, supportive vehicles and equipment shall be kept onsite in all loading, storage, and parking areas, and kept behind locked gates during nonbusiness hours.

13. Truck queuing, idling, or circling of vehicles, onsite or on public streets adjacent to the facility is prohibited.

14. Periodic yard and parking area sweeping shall be provided to minimize dust generation.

15. Every development agreement, approved and executed in conjunction with the applicable warehouse, shall be subject to periodic review of the applicant’s/contracting party’s compliance with the agreement, by the Commission, during the full term of the agreement, as specified in the agreement, but in no case less frequently than once every 12 months as required per SMC 16.128.110 (Periodic Review). Appropriate fees to cover the City’s cost(s) to conduct the periodic reviews in compliance with the Council’s fee resolution shall be collected from the applicant/contracting party.

16. A neighborhood meeting shall be required for any application requiring Council review. At the discretion of the Director, a neighborhood meeting may be required for other applications consistent with SMC section

16.88.025 (Neighborhood Meetings).

SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby 736
Attachment D - Proposed Ordinance (Option A)
declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

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

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

737
Attachment E - Proposed Ordinance (Option B)

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW INDUSTRIAL WAREHOUSE DEVELOPMENT STANDARDS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

For Section 15061(b)(3) Exemption (General Rule “Common Sense”) CEQA requires the analysis of agency approvals for discretionary actions that 738
Attachment E - Proposed Ordinance (Option B)

could lead to a direct or indirect physical change in the environment. The proposed Project involves discretionary amendments to the Stockton Municipal Code (SMC) but is exempt from CEQA review as it would not significantly impact the environment. The zoning code amendments would amend the City’s zoning standards to add enhanced development standards to logistics warehouses.

4. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

SECTION II: AMENDMENT OF CODE

739
Attachment E - Proposed Ordinance (Option B)

Title 16, Chapter 16.80 (Standards for Specific Land Uses) of the Stockton Municipal Code (SMC) is amended to add a new Section 16.80.390 (Logistics Warehouses) to read, as follows:

A. Applicability. The standards will apply to the following applications:

1. logistics warehouses 100,000 square feet in size or greater, unless specified otherwise in Section 16.80.390.

B. Development Standards.

1. Site Plan Design. The following standards shall apply to all entitlement reviews (site plan), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. Building Setbacks: 2:1 ratio of building setback to building height shall be required when adjacent to sensitive receptors. b. Loading Dock Setback: Unless determined to be physically impossible, when adjacent to sensitive receptors, a 300-foot buffer shall separate all truck loading docks unless the areas within the 300-foot buffer utilize zero emission trucks and equipment.
c. A sensitive receptor shall be defined as schools, health care facilities, libraries, churches, correctional facilities, parks/recreational facilities, in home daycare, health facilities (hospitals, long term care facilities, retirement, and nursing homes) or more than two directly contiguous residential units. d. A 40-foot landscaped planter (buffer) shall be installed along the property line adjacent to a sensitive receptor. The buffer shall be landscaped and not be less than 50% of the total buffer size with two rows of 15-gallon trees planted along the length of the property line adjacent to the sensitive receptor.
e. The buffer landscape can include areas to be used for bioswales, retention/detention areas and/or other stormwater and water quality management areas in compliance with SMC Section 16.56 (Landscaping).
f. The buffer area shall include a minimum 10-foot solid decorative wall(s), or landscaped berm and wall, or landscaped berm adjacent to sensitive receptors unless a noise analysis indicates an alternative height is needed for sound attenuation.
740
Attachment E - Proposed Ordinance (Option B)

g. All on and off-site landscaping shall comply with SMC Chapter

16.56 (Landscaping).
h. All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
i. All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth with no undue pruning.
j. Tree maintenance shall comply with SMC Section 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
k. Trees shall be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within fifteen years. Trees shall be planted that can meet this requirement. If solar panels are installed in parking areas, the shade area created by the panels shall be counted toward the 35% shade cover of passenger vehicular parking areas, in lieu of trees.
l. Electric Vehicle Chargers Stations (EVCS) Infrastructure for Trucks: provide conduits to provide EVCS to meet future needs.

Conduit should be provided on the site to serve 50% of the number of truck docking stations. Location of conduit is at the discretion of the developer (e.g., truck trailer parking spaces or docking stations).
m. Electric charging facilities shall be provided onsite sufficient to charge all electric automobiles, and electric trucks domiciled on the site, unless otherwise prescribed in Section 16.80.390. n. All truck turning movements at entrances, exits, and street intersections shall be located on local industrial, collector or arterial streets and all vehicle entries shall be designed to prevent truck access to local and back-up residential collector streets. o. All trucks and commercial vehicles serving the facility shall occur in compliance with the City of Stockton Truck Traffic Route Map in SMC 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
p. Off-street loading shall comply with Section 16.64.110 Off-street loading space standards and Section 16.36.30 to ensure driveway access and onsite circulation are designed and maintained to increase public safety and reduce congestion on public streets. q. Signs shall be posted inside and outside of the building and facility indicating all off-site parking is prohibited for adjacent street that do not permit parking.
r. All truck driveway exits shall include signs directing truck drivers to the truck routes identified in the City of Stockton Truck Traffic Route Map and State Highway System designations.
741
Attachment E - Proposed Ordinance (Option B)

s. Upon commencement of operations, the tenant/operator of the facility shall be required to restrict truck idling on site to a maximum of three (3) minutes, subject to exceptions defined by CARB’s commercial vehicle idling requirements.

2. Building Design. The following standards shall apply to all entitlement reviews (design review), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. All qualifying facilities shall be constructed using “cool roof” materials with an aged reflectance and thermal emittance values that are equal to or greater than those specified in the current edition of the California (CAL) Green Building Tier 1 Standards. b. Architectural and industrial coatings (e.g. paints) applied on the qualifying facility(ies) shall be consistent with the Volatile Organic Compound (VOC) content limits set by the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen),
whichever is most restrictive. Developer or tenant is not required to exercise control over materials painted offsite.
c. Logistics warehouses 400,000 square feet and greater shall meet the Tier 1 energy efficient standards of the CALGreen Code Divisions A5.1, A5.2, and A5.5.
d. The building permit application for qualifying facilities must demonstrate sufficient solar panels to provide power for the operational base power use at the start of operations. When available, applicant’s will be permitted to utilize “clean energy” sources in-lieu of providing onsite energy production. “Clean Energy” sources include programs such as, but not limited to, Ava Community Energy.
e. Operational base power is defined as the amount of power required to supply loads for all ordinary operational uses of the site. Loads for all ordinary operational uses of the site include, as non-exhaustive examples, loads for minimal heating for fire sprinklers, primary office space lighting, HVAC, warehouse power, warehouse lighting, site lighting, minimum power for dock positions (including chargers for yard equipment and any plug-ins for transport refrigeration units), and the amount of light-duty electric vehicle supply equipment required by CalGreen code.

Loads for all ordinary operational uses of the site exclude, as non- exhaustive examples, loads for specialized equipment, non- standard automation or material handling systems, and chargers for heavy-duty trucks.
742
Attachment E - Proposed Ordinance (Option B)

f. Projects shall be allowed to utilize alternative energy means that achieve comparable energy or greenhouse gas offsets. This includes Near Zero Emission (NZE) technology when
commercially available.
g. Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.
h. Tenant/Operator of the qualifying facility(ies) shall enroll and participate in the United States Environmental Protection Agency’s SmartWay program. Proof of enrollment shall be given to the Community Development Department prior to issuance of a Certificate of Occupancy of a Building Permit for the facility.

g. The facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.
h. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.

C. On-Going Operations: The following standards shall be implemented during all on-going business.

2. Where transport by temperature-controlled trucks or trailers is proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.

3. Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.

4. Employers shall provide on-site locations for food or catering truck service and cooperate with food service providers to accommodate food service to operations employees.

5. All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.

6. All trucks, supportive vehicles and equipment shall be kept onsite in all loading, storage, and parking areas, and kept behind locked gates during nonbusiness hours.

7. Truck queuing, idling, or circling of vehicles on public streets adjacent to the facility is prohibited.

8. Periodic yard and parking area sweeping shall be provided to minimize dust generation.

9. Diesel Generators are prohibited, except in emergency situations and during construction when establishing the facility’s new electrical service connection. In those temporary cases, all generators shall have Best Available Control Technology (BACT) that meets CARB’s Tier 4 emission standards.

SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE
744
Attachment E - Proposed Ordinance (Option B)

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

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

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

745
Attachment F - Proposed Ordinance (Option C)

ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW INDUSTRIAL WAREHOUSE DEVELOPMENT STANDARDS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

For Section 15061(b)(3) Exemption (General Rule “Common Sense”) CEQA requires the analysis of agency approvals for discretionary actions that 746
Attachment F - Proposed Ordinance (Option C)

4. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

SECTION II: AMENDMENT OF CODE

747
Attachment F - Proposed Ordinance (Option C)

Title 16, Chapter 16.80 (Standards for Specific Land Uses) of the Stockton Municipal Code (SMC) is amended to add a new Section 16.80.390 (Logistics Warehouses) to read, as follows:

A. Applicability. The standards will apply to the following applications:

1. These standards shall apply to logistics warehouses 100,000 square feet in size or greater.

B. Development Standards.

1. Site Plan Design. The following standards shall apply to all entitlement reviews (site plan), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. Unless determined to be physically impossible, when adjacent to sensitive receptors, a loading dock door shall be oriented away from the sensitive receptor and located a distance of 300- feet from said receptor, unless the dock doors are utilized by zero emission trucks and equipment only. The building and auto parking can be located within the 300-foot distance. A sensitive receptor shall be defined as schools, health care facilities, libraries, churches, correctional facilities, parks/recreational facilities, in home daycare, health facilities (hospitals, long term care facilities, retirement, and nursing homes) or more than two directly contiguous residential units.
b. A 20-foot landscaped planter (buffer) shall be installed along the property line adjacent to a sensitive receptor.
c. The buffer shall be landscaped and not be less than 50 percent of the total buffer size with two rows of 15-gallon trees planted along the length of the property line adjacent to the sensitive receptor. d. The buffer landscape can include areas to be used for bioswales, retention/detention areas and/or other stormwater and water quality management areas in compliance with SMC Section 16.56 (Landscaping).
e. The buffer area shall include a minimum 10-foot solid decorative wall(s), or landscaped berm and wall, or landscaped berm adjacent to sensitive receptors unless a noise analysis indicates an alternative height is needed for sound attenuation.
f. All on and off-site landscaping shall comply with SMC Chapter

16.56 (Landscaping).
748
Attachment F - Proposed Ordinance (Option C)

g. All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
h. All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth with no undue pruning.
i. Tree maintenance shall comply with SMC Section 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
j. Trees shall be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within fifteen years. Trees shall be planted that can meet this requirement. The 35% shade created by trees amount can be substituted for solar canopy upon approval by the Director. k. To facilitate the installation of future electric vehicle charging stations for heavy-heavy duty (HHD) trucks, in connection with each individual development proposal, the subject building improvement plans shall identify an area for future HHD truck charging stations and the subject developer shall install conduit from the power source to the identified area.
l. Provide EV charging stations for automobiles per building code and provide conduit to a future designated area for Heavy Duty Turck Charging Facility.
m. All truck turning movements at entrances, exits, and street intersections shall be located on local industrial, collector or arterial streets and all vehicle entries shall be designed to prevent truck access to local and back-up residential collector streets. n. All trucks and commercial vehicles serving the facility shall occur in compliance with the City of Stockton Truck Traffic Route Map in SMC 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
o. Off-street loading shall comply with Section 16.64.110 Off-street loading space standards and Section 16.36.30 to ensure driveway access and onsite circulation are designed and maintained to increase public safety and reduce congestion on public streets. p. Signs shall be posted inside and outside of the building and facility indicating all off-site parking is prohibited for adjacent street that do not permit parking.
q. All truck driveway exits shall include signs directing truck drivers to the truck routes identified in the City of Stockton Truck Traffic Route Map and State Highway System designations.
r. Upon commencement of operations, the tenant/operator of the facility shall be required to restrict truck idling on site to a maximum of three (3) minutes, subject to exceptions defined by CARB’s commercial vehicle idling requirements.
749
Attachment F - Proposed Ordinance (Option C)

2. Building Design. The following standards shall apply to all entitlement reviews (design review), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistics Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. All qualifying facilities shall be constructed using “cool roof” materials with an aged reflectance and thermal emittance values that are equal to or greater than those specified in the current edition of the California (CAL) Green Building Tier 1 Standards. b. Architectural and industrial coatings (e.g. paints) applied on the qualifying facility(ies) shall be consistent with the Volatile Organic Compound (VOC) content limits set by the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen),
whichever is most restrictive. Developer or tenant is not required to exercise control over materials painted offsite.
c. Qualifying facilities shall be constructed in compliance with the most current edition of all adopted City building codes, including the adopted Green Building Standards Code. Prior to the issuance of building permits, the applicant/developer of the qualifying facility(ies) shall demonstrate (e.g., provide building plans) that the proposed buildings are designed and will be built. d. Each developer of an individual specific development proposal shall prepare the subject building structures in such a way to accommodate future solar panels pursuant to applicable Building Code requirements.
e. The building permit application for qualifying facilities must demonstrate that sufficient power will be provided from clean energy sources for the operational base power use at the start of operations. Developers shall have the following options, or any combination of options, for procuring clean energy to meet operational base power needs for new building structures.

Options may include 1) installing solar panels on the subject building or building site, and/or 2) procuring 100% clean energy from AVA Community Energy, and/or 3) participating in
California’s Community Solar Program.
f. Operational base power is defined as the amount of power required to supply loads for all ordinary operational uses of the site. Loads for all ordinary operational uses of the site include, as non-exhaustive examples, loads for minimal heating for fire sprinklers, primary office space lighting, HVAC, warehouse power, warehouse lighting, site lighting, minimum power for dock positions (including chargers for yard equipment and any plug-ins for transport refrigeration units), and the amount of light-duty 750
Attachment F - Proposed Ordinance (Option C)

electric vehicle supply equipment required by CalGreen code.

g. The office portion of a building’s rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78.

h. Electrical Room Sizing. To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.
i. Warehouse Dock Seal Doors. Exterior loading dock doors that are adjacent to conditioned or indirectly conditioned spaces shall have dock seals or dock shelters installed at the time of permitting.
j. Onsite Equipment Infrastructure. Project should provide infrastructure to support charging of electric power onsite equipment.
k. Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.
l. Tenant/Operator of the qualifying facility(ies) shall enroll in the United States Environmental Protection Agency's SmartWay Program. Proof of enrollment shall be given to the Community Development Department prior to issuance of a Certificate of Occupancy of a Building Permit for the facility.

be electric-powered.
c. Subject to all other idling restrictions, off-road diesel-powered construction equipment shall not be left in the “on position” for more than 10 hours per day.
d. Temporary electrical hookups to all construction yards and associated work areas shall be required.
e. Temporary signage shall be posted in public view throughout the construction site indicating truck idling lasting more than five (5) minutes is prohibited. The signs shall include contact information for the facility operator or designee responsible for receiving complaints (i.e. excessive dust, fumes, odors) for the site, and contact information for the San Joaquin Valley Air Pollution Control District’s on-line complaint system and its complaint call- line for those interested in filing a complaint. Any complaints made to the facility operator’s designee shall be answered within 72 hours of receipt.
f. The construction contractor(s) shall maintain on the construction site an inventory of construction equipment, maintenance records, and datasheets, including design specifications and emission control tier classifications.
g. The facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.
h. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.

C. On-Going Operations: The following standards shall be implemented during all on-going business.

3. Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.

4. Employers shall provide on-site locations for food or catering truck service and cooperate with food service providers to accommodate food service to operations employees.

5. All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.
752
Attachment F - Proposed Ordinance (Option C)

6. All trucks, supportive vehicles and equipment shall be kept onsite in all loading, storage, and parking areas, and kept behind locked gates during nonbusiness hours.

7. Truck queuing, idling, or circling of vehicles, on public streets adjacent to the facility is prohibited.

8. Periodic yard and parking area sweeping shall be provided to minimize dust generation.

SECTION III. SEVERABILITY
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE

This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

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

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

753
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
1 The following table reflects the following:
 First column - Numbering assigned to MOA Standards.
 Second column – OPTION A- Proposed Ordinance with MOA Standards.  Third column - OPTION B- Proposed Ordinance with MOA Adjusted Standards.  Fourth column - OPTION C- Proposed Ordinance with Industry Recommended Standards.  Fifth column - City staff notes and references relating to initial draft standards contained in Column 3 (Option B and Option C Standards)

Proposed Ordinance Format:

Each of the Adoption Options shown below will be presented in a similar zoning code format for consideration. The above language will be kept and formatted in the following format and proposed as a new Title 16 (Development Code) Section 16.80.390 (Logistics Warehouse) in Chapter

16.80 (Standards for Specific Land Uses). Any adopted ordinance will be included in the current Development Code as well as the Development Code Overhaul currently in progress.

Proposed Format for New Section 16.80.390 (Logistics Warehouse) A. Applicability
B. Development Standards
a. Site Design Standards
b. Building Design Standards
c. Construction Activity Standards
C. On-Going Requirements

754
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
2 1 2 3 4 5
Measure
#
Option A- Proposed MOA
Ordinance Standards
Option B- Adjust MOA
Ordinance Standards
Option C- Proposed Industry
Ordinance Standards
Notes/References Relating
to Column 3

0. These standards shall apply to
logistics warehouses 100,000 square
feet in size or greater.

These standards shall apply to
logistics warehouses 100,000 square
feet in size or greater.

Option B Language for Code Added to Applicability
section of new code.

Construction Mitigation

1. Qualifying facilities shall comply
with the San Joaquin Valley Air
Pollution Control District
(SJVAPCD) requirements prior to
beginning construction.

Qualifying facilities shall comply
with the San Joaquin Valley Air
Pollution Control District
(SJVAPCD) requirements prior to
beginning construction.

Option B Language for Code Language shortened and
simplified for clarity.

Added to Construction
Permit Approval section of
new code.

2.  All off-road construction
equipment, with a power
rating of less than 19
kilowatts (e.g., plate
compactors, pressure
washers, shall be electric-
powered.
 The use of electric-
powered, battery-powered,
natural gas, or hybrid
construction equipment and
vehicles are required during
construction if
commercially available
meeting the highest rated
California Air Resources
Board (CARB) Tier
technology available at the
time of construction may
be used.
 Subject to all other idling
restrictions, off-road diesel-
 All off-road construction
equipment, with a power
rating of less than 19
kilowatts (e.g., plate
compactors, pressure
washers) shall be electric
powered, battery-powered,
natural gas, or hybrid if
commercially available.
 Subject to all other idling
restrictions, off-road diesel-
powered construction
equipment shall not be left
in the “on position” for
more than 10 hours per
day.
 All off-road construction
equipment, with a power
rating of less than 19
kilowatts (e.g., plate
compactors, pressure
washers, shall be electric-
powered.

 Subject to all other idling
restrictions, off-road diesel-
powered construction
equipment shall not be left
in the “on position” for
more than 10 hours per
day.

Language shortened and
simplified for clarity.

Removed the CARB option
as it is unclear what those
standards may be as there
does not appear to be a set
list to pull from. Staff will
continue to consider should
a CARB list of requirements
or options be established by
working professionals or the
CARB itself. Added to
Construction Permit
Approval section of new
code.

Per discussions with
contractors (Teichert and
Knife River), they are not
aware of any large
construction equipment, like
an electric scraper being
755
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
3 powered construction
equipment shall not be left
in the “on position” for
more than 10 hours per day
available in the market
today.

3. All qualifying facilities shall be
constructed using “cool roof”
materials with an aged reflectance
and thermal emittance values that
are equal to or greater than those
specified in the current edition of the
California (CAL) Green Building
Tier 1 Standards.

All qualifying facilities shall be
constructed using “cool roof”
materials with an aged reflectance
and thermal emittance values that
are equal to or greater than those
specified in the current edition of the
California (CAL) Green Building
Tier 1 Standards.

Option B language for code. No change from original.

Added to Site Design
section of new code.

4. Temporary electrical hookups to all
construction yards and associated
work areas shall be required.

Temporary electrical hookups to all
construction yards and associated
work areas shall be required.

Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Construction
Permit Approval section of
new code.

5. Temporary signage shall be posted
in public view throughout the
construction site indicating truck
idling lasting more than five (5)
minutes is prohibited. The signs
shall include contact information for
the facility operator or designee
responsible for receiving complaints
(i.e. excessive dust, fumes, odors)
for the site and contact information
for the San Joaquin Valley Air
Pollution Control District’s on-line
complaint system and its complaint
call-line for those interested in filing
a complaint. Any complaints made
to the facility operator’s designee
shall be answered within 72 hours of
receipt.

Temporary signage shall be posted
in public view throughout the
construction site indicating truck
idling lasting more than five (5)
minutes is prohibited. The signs
shall include contact information for
the facility operator or designee
responsible for receiving complaints
(i.e. excessive dust, fumes, odors)
for the site and contact information
for the San Joaquin Valley Air
Pollution Control District’s on-line
complaint system and its complaint
call-line for those interested in filing
a complaint. Any complaints made
to the facility operator’s designee
shall be answered within 72 hours of
receipt.

Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Construction
Permit Approval section of
new code.
756
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
4 6. The construction contractor(s) shall
maintain on the construction site an
inventory of construction
equipment, maintenance records,
and datasheets, including design
specifications and emission control
tier classifications.

The construction contractor(s) shall
maintain on the construction site an
inventory of construction
equipment, maintenance records,
and datasheets, including design
specifications and emission control
tier classifications.

Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Construction
Permit Approval section of
new code.

7. All architectural and industrial
maintenance coatings (e.g., paints)
applied on site shall be consistent
with a VOC content of <10 g/L.

Developer or tenant is not expected
to exercise control over materials
painted offsite by a third party.

Architectural and industrial coatings
(e.g. paints) applied on the
qualifying facility(ies) shall be
consistent with the Volatile Organic
Compound (VOC) content limits set
by the San Joaquin Valley Air
Pollution Control District
(SJVAPCD) or the current edition of
the California Green Building
Standards Code (CALGreen),
whichever is most restrictive.

Developer or tenant is not required
to exercise control over materials
painted offsite.

Option B language for code. VOC 10g/L or less has been
found to be infeasible and
difficult to implement. Parts
may be superseded by
overall building standard
mentioned in MOA#10.

Added to Buildings Design
section of new code.

8. The facilities shall require the
construction contractor to establish
one or more locations for food or
catering truck service to
construction workers and to
cooperate with food service
providers to provide consistent food
service.

The facilities shall require the
construction contractor to establish
one or more locations for food or
catering truck service to
construction workers and to
cooperate with food service
providers to provide consistent food
service.

Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Construction
Permit Approval section of
new code.

9. The facilities shall require the
construction contractor to provide
transit and ridesharing information
for construction workers.

The facilities shall require the
construction contractor to provide
transit and ridesharing information
for construction workers.

Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Construction
Permit Approval section of
new code.

Site Design
757
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
5 10. All buildings shall be constructed
consistent with the California (CAL)
Green Building Tier 2 Standards
Energy Efficient Standard Section

5.1, 5.2, 5.5.

Logistic warehouses 400,000 square
feet and greater shall meet the Tier 1
energy efficient standards of the
CALGreen Code Divisions A5.1,
A5.2, and A5.5.

Qualifying facilities shall be
constructed in compliance with the
most current edition of all adopted
City building codes, including the
adopted Green Building Standards
Code. Prior to the issuance of
building permits, the
applicant/developer of the
qualifying facility(ies) shall
demonstrate (e.g., provide building
plans) that the proposed buildings
are designed and will be built.

Option B changed from
original to Tier 1 and
applied only to buildings
400,000 sqft feet or larger.

Added to Buildings Design
section of new code.

11. All loading docks shall be located
no closer than 300 feet from all
sensitive receptor groups. The
distance shall be measured from the
loading dock or any building edge,
whichever is closer to the property
line of any nearby sensitive receptor
defined as any residence including
private homes, condominiums,
apartments, and living quarters,
schools, preschools, daycare centers,
in-home daycares, health facilities
such as hospitals, long term care
facilities, retirement and nursing
homes, community centers, places
of worship, parks (excluding trails),
prisons, and dormitories.
 Building Setbacks: 2:1 ratio
of building setback to
building height shall be
required when adjacent to
sensitive receptors.
 Loading Dock Setback:

Unless determined to be
physically impossible,
when adjacent to sensitive
receptors, a 300-foot buffer
shall separate all truck
loading docks unless the
areas within the 300-foot
buffer utilize zero emission
trucks and equipment.
 Sensitive receptor shall be
defined as schools, health
care facilities, libraries,
churches, correctional
facilities, parks/recreational
facilities, in home daycare,
health facilities (hospitals,
long term care facilities,
retirement, and nursing
homes) or more than two
directly contiguous
residential units.

Loading Dock Door Setback: Unless
determined to be physically
impossible, when adjacent to
sensitive receptors, a loading dock
door shall be oriented away from the
sensitive receptor and located a
distance of 300-feet from said
receptor, unless the dock doors are
utilized by zero emission trucks and
equipment only. The building and
auto parking can be located within
the 300-foot distance. A sensitive
receptor shall be defined as schools,
health care facilities, libraries,
churches, correctional facilities,
parks/recreational facilities, in home
daycare, health facilities (hospitals,
long term care facilities, retirement
and nursing homes) or more than
two directly contiguous residential
units.

Building setback reflects
other examples found in the
state and still maintains a
slip scale of height to
building setback as well as
the 300-foot buffer for
loading areas. Added to Site
Design section of new code.
758
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
6 12.  All landscaping adjacent to
residential or institution
zoning designations or uses
shall install an onsite
landscape buffer. The
buffer shall extend the
property line abutting those
designations and uses and
be sized at a 2:1 ratio for
the closest warehouse
building(s)–for everyone
(1) foot of building height,
the buffer shall be two (2)
foot minimum, unless
approved by the Director if
the depth is infeasible. The
buffer shall be landscaped
not be less than 50 percent
of the total buffer size with
two rows of 15-gallon trees
planted along the length of
the entire buffer.
 The buffer landscape can
include areas to be used for
bioswales,
retention/detention areas
and/or other stormwater
and water quality
management areas in
compliance with SMC
Section 16.56
(Landscaping).
 The buffer area shall
include a minimum 14-foot
solid decorative wall(s), or
landscaped berm and wall,
or landscaped berm
adjacent to sensitive
receptors unless a noise
analysis indicates an
 A 40-foot landscaped
planter (buffer) shall be
installed along the property
line adjacent to a sensitive
receptor.
 The buffer shall be
landscaped, and not be less
than 50% of the total buffer
size with two rows of 15-
gallon trees planted along
the length of the property
line adjacent to the
sensitive receptor.
 The buffer landscape can
include areas to be used for
bioswales,
retention/detention areas
and/or other stormwater
and water quality
management areas in
compliance with SMC
Section 16.56
(Landscaping).
 The buffer area shall
include a minimum 10-foot
solid decorative wall(s), or
landscaped berm and wall,
or landscaped berm
adjacent to sensitive
receptors unless a noise
analysis indicates an
alternative height is needed
for sound attenuation.
 All on and off-site
landscaping shall comply
with SMC Chapter 16.56
(Landscaping).
 All landscaping shall be
drought tolerant and, to the
extent feasible, comprised
 A 20-foot landscaped
planter (buffer) shall be
installed along the property
line adjacent to a sensitive
receptor.

Option B Language for
remainder of code
Landscape reflects other
examples found in the state
and a large enough planter
space for large trees to grow.

Alternative added to
increase shade tree
requirements in areas.

Added to Site Design
section of new code.
759
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
7 alternative height is needed
for sound attenuation.
 All on and off-site
landscaping shall comply
with SMC Chapter 16.56
(Landscaping).
 All landscaping shall be
drought tolerant and, to the
extent feasible, comprised
of species with low
biogenic emissions. Palm
trees shall not be utilized.
 All landscaping areas shall
be properly irrigated for the
life of the facility to allow
for plants and trees to
maintain growth with no
undue pruning.
 Tree maintenance shall
comply with SMC Section

16.56 as a certified
Landscape Architect must
prepare the Preliminary and
Final Landscape plan and
certify the planting is water
efficient at the time of
construction permit
approval.
of species with low
biogenic emissions. Palm
trees shall not be utilized.
 All landscaping areas shall
be properly irrigated for the
life of the facility to allow
for plants and trees to
maintain growth with no
undue pruning.
 Tree maintenance shall
comply with SMC Section

16.56 as a certified
Landscape Architect must
prepare the Preliminary and
Final Landscape plan and
certify the planting is water
efficient at the time of
construction permit
approval.
 Trees shall be installed in
automobile parking areas to
provide at least 35% shade
cover of passenger
vehicular parking areas
within fifteen years. Trees
shall be planted that can
meet this requirement. If
solar panels are installed in
parking areas, the shade
area created by the panels
shall be counted toward the
35% shade cover of
passenger vehicular
parking areas, in lieu of
trees.

Operational Mitigation
760
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
8 13.  All buildings shall be
constructed with Solar Power
and Energy Systems large
enough to accommodate the
building and operation’s base
power use demand at the start
of operation and as the base
power demand increases to
accommodate an electric fleet.
 The energy storage systems
shall have enough battery
capacity to serve the
photovoltaic system in the event
of a blackout.
 All facilities shall be designed
to accommodate enough space
for all solar panels and
batteries.
 The solar system installation
should be done by owners,
operators, tenants, or a qualified
solar system contractor.

Operation should begin after
receiving permission from the
utility. The owner is responsible
for maintaining the system at
80% of rated power for 20
years. After 20 years, install a
new system or maintain the
existing one for the life of the
facility.
 The building permit
application for qualifying
facilities must demonstrate
sufficient solar panels to
provide power for the
operational base power use
at the start of operations.

When available, applicant’s
will be permitted to utilize
“clean energy” sources in-
lieu of providing onsite
energy production. “Clean
Energy” sources include
programs such as, but not
limited to, Ava Community
Energy.
 Operational base power is
defined as the amount of
power required to supply
loads for all ordinary
operational uses of the site.

Loads for all ordinary
operational uses of the site
include, as non-exhaustive
examples, loads for
minimal heating for fire
sprinklers, primary office
space lighting, HVAC,
warehouse power,
warehouse lighting, site
lighting, minimum power
for dock positions
(including chargers for yard
equipment and any plug-ins
for transport refrigeration
units), and the amount of
light-duty electric vehicle
supply equipment required
by CalGreen. Loads for all
ordinary operational uses of
 Each developer of an
individual specific
development proposal shall
prepare the subject building
structures in such a way to
accommodate future solar
panels pursuant to
applicable Building Code
requirements.
 The building permit
application for qualifying
facilities must demonstrate
that sufficient power will
be provided from clean
energy sources for the
operational base power use
at the start of operations.

Developers shall have the
following options, or any
combination of options, for
procuring clean energy to
meet operational base
power needs for new
building structures.

Loads for all ordinary
Revised to define base
power and add option for
when “clean” energy sources
are available. Removed the
compliance provisions as the
City will rely on the state
and responsible agencies to
direct staff to best practices
in common usage and
changes to state law. Added
to Building Design section
of new code.
761
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
9 the site exclude, as non-
exhaustive examples, loads
for specialized equipment,
non-standard automation or
material handling systems,
and chargers for heavy-
duty trucks.
 Projects shall be allowed to
utilize alternative energy
means that achieve
comparable energy or
greenhouse gas offsets.

This includes Near Zero
Emission (NZE)
technology when
commercially available.

operational uses of the site
include, as non-exhaustive
examples, loads for
minimal heating for fire
sprinklers, primary office
space lighting, HVAC,
warehouse power,
warehouse lighting, site
lighting, minimum power
for dock positions
(including chargers for yard
equipment and any plug-ins
for transport refrigeration
units), and the amount of
light-duty electric vehicle
supply equipment required
by CalGreen code. Loads
for all ordinary operational
uses of the site exclude, as
non-exhaustive examples,
loads for specialized
equipment, non-standard
automation or material
handling systems, and
chargers for heavy-duty
trucks.
 The office portion of a
building’s rooftop that is
not covered with solar
panels or other utilities
shall be constructed with
light colored roofing
material with a solar
reflective index of not less
than 78.
 Electrical Room Sizing. To
ensure that warehouse
electrical rooms are
sufficiently sized to
762
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
10 accommodate the potential
need for additional
electrical panels, either a
secondary electrical room
shall be provided in the
building, or the primary
electrical room shall be
sized 25% larger than is
required to satisfy the
service requirements of the
building or the electrical
gear shall be installed with
the initial construction with
25% excess demand
capacity.
 Warehouse Dock Seal
Doors. Exterior loading
dock doors that are
adjacent to conditioned or
indirectly conditioned
spaces shall have dock
seals or dock shelters
installed at the time of
permitting.
 Onsite Equipment
Infrastructure. Project
should provide
infrastructure to support
charging of electric power
onsite equipment.

14. All applicable facilities shall
maintain Electric Vehicle (EV)
fleets in accordance with the
following:
 Heavy-Duty Trucks: all
heavy-duty trucks (Class 7
and 8) domiciled on site are
Electric Vehicle Chargers Stations
(EVCS) Infrastructure for Trucks:
provide conduits to provide EVCS
to meet future needs. Conduit should
be provided on the site to serve 50%
of the number of truck docking
stations. Location of conduit is at
To facilitate the installation of future
electric vehicle charging stations for
heavy-heavy duty (HHD) trucks, in
connection with each individual
development proposal, the subject
building improvement plans shall
identify an area for future HHD
Alternative standard is
proposed to require
installation of conduits for
heavy duty charging stations
for future installation of
charging stations. California
Air Resources Board
763
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
11 model year 2014 or later
from start of operations and
shall expedite a transition
to zero-emission vehicles,
with the fleet fully zero-
emission by December 31,
2025, or when
commercially available for
the intended application,
whichever date is later.
 Medium-Duty Vehicles:
vehicles/delivery
vans/trucks (Class 2
through 6) on site shall
apply: (i) 33% of the fleet
will be zero emission
vehicles at start of
operations, (ii) 65% of the
fleet will be zero emission
vehicles by December 31,
2023, (iii) 80% of the fleet
will be zero emission
vehicles by December 31,
2025, and (iv) 100% of the
fleet will be zero emission
vehicles by December 31,
2027.
 "Domiciled on site":
applies to vehicles parked
or kept overnight at the
qualifying facility(ies)
more than 70% of the
calendar year or dedicated
to the qualifying
facility(ies) site (defined as
more than 70% of the truck
routes during the calendar
year that start at the
qualifying facility(ies) site
even if parked or kept
the discretion of the developer (e.g.,
truck trailer parking spaces or
docking stations).

truck charging stations and the
subject developer shall install
conduit from the power source to the
identified area.
(CARB) is responsible for
regulating and enforcing
state standards for electric
vehicle (EV) heavy duty and
medium duty fleet
compliance requirements.

Revised as EV Fleets and
monitor are not current
requirements per state law
nor in common practice or
commercially available.

Staff proposed alternatives
based on other examples
provided by independent
consultants. Alternatives
include EV ready truck
charging stations and
enhance automobile parking.

Added to Site Design
section of new code.
764
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
12 elsewhere). The
tenant/operator of the
qualifying facility(ies) shall
not be responsible to meet
"clean fleet" requirements
for vehicles used by
common carriers operating
under their own authority
that provide delivery
services to or from the
qualifying facility(ies) site.
 Zero emission vehicles that
require maintenance can be
temporarily replaced with
alternative vehicles.
 If an EV fleet is not
commercially viable,
documentation from a
minimum of three (3) EV
dealers identified on the
californiahvip.org website
must be submitted prior to
issuance of a building
permit for the new building
demonstrating the inability
to obtain the required EVs
or equipment needed within
6 months.
 If a qualifying facility fails
to meet the "clean fleet"
requirement, the
tenant/operator must
implement a Voluntary
Emissions Reduction
Agreement (VERA) that
mitigates emissions
through emission reduction
projects. The Air District
will verify the mitigation
effort. The tenant/operator
765
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
13 must continue to fund the
VERA until fully compliant
with the clean fleet
requirements.

15. Electric charging facilities shall be
provided onsite sufficient to charge
all automobiles, and electric trucks
domiciled on the site.

Electric charging facilities shall be
provided onsite sufficient to charge
all electric automobiles, and electric
trucks domiciled on the site, unless
otherwise prescribed in Section

16.80.390.

Provide EV charging stations for
automobiles per building code and
provide conduit to a future
designated area for Heavy Duty
Truck Charging Facility.

Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Site Design
section of new code.

16. All forklifts, yard trucks, and other
equipment used for on-site
movement of trucks, trailers and
warehoused goods, as well as
landscaping maintenance equipment
used on the site, shall be electrically
powered or zero-emission.

All forklifts, yard trucks, and other
equipment used for on-site
movement of trucks, trailers and
warehoused goods, as well as
landscaping maintenance equipment
used on the site, shall be electrically
powered or zero-emission unless
new technology is determined to be
commercially unavailable.

Option B language for code. Language shortened and
simplified for clarity and
address future equipment
that may not be
commercially available. No
Change from MOA,
development standard
written in Ordinance format.

Added to Ongoing
Operations section of new
code.

17. EV Compliance Reporting
 All facilities shall maintain
a zero emission
vehicles/trucks required to
meet the "clean fleet"
requirements above.
 Within 30 days of issuance
of the final certificate of
occupancy, the
tenant/operator shall
demonstrate to the
satisfaction of CDD staff
that the applicable clean
fleet requirements are being
met. Any extension of time
granted to implement this
No standard is recommended since
the California Air Resources Board
(CARB) is responsible for
regulating manufacturers of EV
heavy duty and medium duty
vehicles and enforcing state
standards for electric vehicle (EV)
heavy duty and medium duty fleet
compliance requirements.

Same position as Option B.
766
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
14 condition shall be limited
to the shortest period
necessary to allow for
100% electrification under
the clean fleet
requirements.
 The tenant/operator shall
submit similar reports
every two years thereafter
until full compliance with
the applicable clean fleet
requirements is achieved.
 If the tenant/operator has
not met each 100% clean
fleet requirement by
December 31, 2027, then
the tenant/operator shall
submit reports annually
until the 100% clean fleet
requirement is
implemented.
 After the 100% clean fleet
requirement has been
implemented, the
tenant/operator shall submit
to the CDD an on-going
compliance report every
three years containing all
necessary documentation to
verify that the clean fleet
requirements are being met.
 Each subsequent on-going
compliance report shall be
due within 30 days of, but
not later than, the three-
year anniversary of the
preceding due date.

18. Refrigeration Units: proposed cold
storage and associated transport
Where transport by temperature-
controlled trucks or trailers is
Option B language for code. Language shortened and
simplified for clarity and
767
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
15 refrigerated units (TRUs) shall
include electric plug-in units at
loading docks serving such
refrigerated space.
proposed, on-site electrical hookups
shall be provided at loading docks.

Idling or use of auxiliary truck
engine power to power climate-
control equipment shall be
prohibited.
covenant requirement
removed from MOA
language shortened and
standard written in
Ordinance format. Added to
Ongoing Operations section
of new code.

19. Demonstration of compliance with
the San Joaquin Valley Air Pollution
Control District (SJVAPCD) Rule
9510 (Indirect Source Review) is
required prior to obtaining any
building permit for a qualifying
facility.

Demonstration of compliance with
the San Joaquin Valley Air Pollution
Control District (SJVAPCD) Rule
9510 (Indirect Source Review) is
required prior to obtaining any
building permit for a qualifying
facility.

Option B language for code. Language shortened and
simplified for clarity. May
consolidate with MOA#1 as
they both talk about
SJCAPCD compliance.

Added to Building Design
section of new code.

20. The tenant/operator of the qualifying
facility(ies) shall enroll and
participate in the SmartWay
program. Proof of enrollment shall
be given to the Community
Development Department prior to
issuance of a Building Permit for the
facility.

The tenant/operator of the qualifying
facility(ies) shall enroll and
participate in United States
Environmental Protection Agency’s
SmartWay program. Proof of
enrollment shall be given to the
Community Development
Department prior to issuance of
Certificate of Occupancy of a
Building Permit for the facility.

Option B language for code. Kept but removed
enforcements provisions
from MOA. Added to
Building Design section of
new code.

21.  All truck turning
movements at entrances,
exits, and street
intersections shall be
located on local industrial,
collector or arterial streets
and all vehicle entries shall
be designed to prevent
truck access to local and
back-up residential
collector streets.
 All trucks and commercial
vehicles serving the facility
shall occur in compliance
with the City of Stockton
Truck Traffic Route Map in
 All trucks and commercial
vehicles serving the facility
shall occur in compliance
with the City of Stockton
Truck Traffic Route Map in
SMC 10.08.030 and
Surface Transportation
Assistance Act (STAA)
Truck Route Map.
 Off-street loading shall
comply with Section

16.64.110 Off-street
loading space standards and
Section 16.36.30 to ensure
driveway access and onsite
circulation are designed
Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standard
written in Ordinance format.

Added to Site Design
section of new code.
768
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
16 SMC 10.08.030 and
Surface Transportation
Assistance Act (STAA)
Truck Route Map.
 Off-street loading shall
comply with Section

16.64.110 Off-street
loading space standards.
 Signs shall be posted inside
and outside of the building
and facility indicating all
off-site parking is
prohibited for adjacent
street that do not permit
parking.
 All truck driveway exits
shall include signs directing
truck drivers to the truck
routes identified in the City
of Stockton Truck Traffic
Route Map and State
Highway System
designations.
 Upon commencement of
operations, the
tenant/operator of the
facility shall be required to
restrict truck idling on site
to a maximum of three (3)
minutes, subject to
exceptions defined by
CARB’s commercial
vehicle idling requirements.

and maintained to increase
public safety and reduce
congestion on public
streets.
 Signs shall be posted inside
and outside of the building
and facility indicating all
off-site parking is
prohibited for adjacent
street that do not permit
parking.
 All truck driveway exits
shall include signs directing
truck drivers to the truck
routes identified in the City
of Stockton Truck Traffic
Route Map and State
Highway System
designations.
 Upon commencement of
operations, the
tenant/operator of the
facility shall be required to
restrict truck idling on site
to a maximum of three (3)
minutes, subject to
exceptions defined by
CARB’s commercial
vehicle idling requirements.

22.  Employers shall provide
employees with transit
route and schedule
information on systems
serving the facility area and
 Employers shall provide
employees with transit
route and schedule
information on systems
serving the facility area and
Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standards
written in Ordinance format.

The standard may be
769
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
17 coordinate ridesharing
amongst employees.
 Employers shall provide
on-site locations for food or
catering truck service and
cooperate with food service
providers to accommodate
food service to operations
employees.
 All outdoor areas allowing
smoking shall be located at
least 25 feet from the
nearest property line.
 All trucks, supportive
vehicles and equipment
shall be kept onsite in all
loading, storage, and
parking areas, and kept
behind locked gates during
nonbusiness hours.
 Truck queuing, idling, or
circling of vehicles, onsite
or on public streets
adjacent to the facility is
prohibited.

coordinate ridesharing
amongst employees.
 Employers shall provide
on-site locations for food or
catering truck service and
cooperate with food service
providers to accommodate
food service to operations
employees.
 All outdoor areas allowing
smoking shall be located at
least 25 feet from the
nearest property line.
 All trucks, supportive
vehicles and equipment
shall be kept onsite in all
loading, storage, and
parking areas, and kept
behind locked gates during
nonbusiness hours.
 Truck queuing, idling, or
circling of vehicles on
public streets adjacent to
the facility is prohibited.

superseded by overall
building standard MOA#10.

Added to Ongoing
Operations section of new
code.

23. Periodic yard and parking area
sweeping shall be provided to
minimize dust generation.

Periodic yard and parking area
sweeping shall be provided to
minimize dust generation.

Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
development standards
written in Ordinance format.

Added to Ongoing
Operations section of new
code.

24. Diesel Generators are prohibited,
except in emergency situations and
during construction when
Diesel Generators are prohibited,
except in emergency situations and
during construction when
Option B language for code. Language shortened and
simplified for clarity. No
Change from MOA,
770
ATTACHMENT G – ORDINANCE OPTION COMPARISON TABLE
18 establishing the facility’s new
electrical service connection. In
those temporary cases, all generators
shall have Best Available Control
Technology (BACT) that meets
CARB’s Tier 4 emission standards
establishing the facility’s new
electrical service connection. In
those temporary cases, all generators
shall have Best Available Control
Technology (BACT) that meets
CARB’s Tier 4 emission standards.
development standards
written in Ordinance format.

Added to Construction
Permit Approval section of
new code.

Additional Mitigation

25. Every development agreement,
approved and executed in
conjunction with the applicable
warehouse, shall be subject to
periodic review of the
applicant’s/contracting party’s
compliance with the agreement, by
the Commission, during the full
term of the agreement, as specified
in the agreement, but in no case less
frequently than once every 12
months as required per SMC

16.128.110 (Periodic Review).

Appropriate fees to cover the City’s
cost(s) to conduct the periodic
reviews in compliance with the
Council’s fee resolution shall be
collected from the
applicant/contracting party.

Staff proposes removal. Annual
compliance reviews are already
required by State Law and the
Development Code.

Same position as Option B. Staff proposes removal.

Annual compliance reviews
are already required by State
Law and the Development
Code ordinance. Not
include in Option B or C
options. Added to Ongoing
Operations section of new
code for Option A only.

26. A neighborhood meeting shall be
required for any application
requiring Council review. At the
discretion of the Director, a
neighborhood meeting may be
required for other applications
consistent with SMC section

16.88.025 (Neighborhood
Meetings).

Staff proposes removal. Conflicts
with ministerial reviews and already
required for approvals requiring
public hearings and annexations.

Same position as Option B. Staff proposes removal.

Conflicts with ministerial
reviews and already required
for approvals requiring
public hearings and
annexations. Added to
Ongoing Operations section
of new code for Option A
only.
771

ATTACHMENT H
Option B Feasibility Analysis

1 PREPARED BY

The City of Stockton Community Development Department with the assistance from PlaceWorks (Climate, Economics, CEQA).

INTRODUCTION

In 2022, the City Council approved two agreements with the State of California Attorney General (AG) and the Sierra Club, respectively, to improve and facilitate approval of the Mariposa Industrial Park Project in particular, and to promote sustainable warehouse development in general going forward. Per the agreements, a new industrial warehouse ordinance must be presented to the City Council for its consideration by December 31, 2023, including proposed new development standards for qualifying warehouse development projects engaged in logistics uses with a building or buildings totaling 100,000 square feet or larger. The Memorandum of Agreement (MOA) with the AG defines qualifying facilities engaged in logistics use as any warehouse or wholesaling and distribution land use which entails facilities to be used for the storage of farm products, furniture, household goods, or other commercial goods of any nature for distribution to wholesalers and/or retails, including cold storage.

Per the Memorandum of Agreement with the AG’s office, if any of the conditions included in Exhibit A to the MOA are not included in the proposed warehouse ordinance, an explanation needs be provided to explain: (1) why such condition is infeasible as defined under CEQA; (2) what alternative conditions are being proposed for inclusion in lieu of any omitted conditions; and (3) how such alternative conditions reduce potentially significant environmental impacts. While the MOA refers to “conditions,” this report herein refers to them as “standards” for the purpose of preparing an ordinance.

To prepare the proposed warehouse ordinance, City staff conducted extensive research and performed outreach with other municipalities that either prepared or are in the process of preparing logistics warehouse development standards (i.e., City of Fontana, City of Irwindale, San Joaquin County, and City of Tracy). Additionally, staff sought input from Stockton residents, local community advocates, industrial developers and their consultants (i.e., architects, environmental professionals), and representatives from State and local regulatory agencies (i.e., California Air Resources Board, San Joaquin Valley Air Pollution Control District, Attorney General’s Office). This was achieved via phone conversations, emails, virtual meetings, Planning Commission workshops, and responses to comments received by staff. A summary of meeting dates is provided below:

 Attorney General’s Representative Meetings: 8/30, 9/13, 9/21, 10/5, 10/19  Environmental Advisor Meetings1: 9/11, 9/14, 9/18, 9/21, 9/26, 10/11, 10/16

1 Representatives from Sierra Club, Catholic Charities of the Diocese of Stockton, and Little Manila Rising 772

ATTACHMENT H
Option B Feasibility Analysis

2  Industrial Advisor Meeting2: 9/6, 9/20, 10/5, 10/11  Meeting with group of Stockton residents expressing interest in the Ordinance3 9/18, 10/17
 Meeting Climate Specialists (PlaceWorks): 10/3, 10/16  Meeting with Municipalities with Warehouse Ordinance or Considerations: 9/28, 9/29
 Planning Commission Ad-Hoc Committee Meetings4: 8/30, 9/7, 9/14, 9/21 (9/21 Release of Ad-Hoc Notes)
 Planning Commission Public Study Sessions: 8/10, 8/24, 9/28, 10/12  Planning Commission Public Hearing: 10/26

In addition, Working Draft standards were emailed to the above groups and posted on the City’s website on 9/15 and 10/12, respectively, for review. This was in addition to drafts presented at the Planning Commission public study sessions in the same months.

Project Description
The Project entails a City initiated amendment of the Stockton Municipal Code, Title 16 (Development Code), Chapter 16.80 (Standards for Specific Land Uses) to add a new Section 16.80.390 (Logistic Warehouse) containing development standards for logistics warehouse development. The MOA outlined 26 items as the basis for new development standards to serve as the foundation of a future ordinance. In accordance with Title

16.116, the City Council is the review authority for amendments to the Development Code, based on the recommendation of the Planning Commission. The process for consideration entails providing public notice of and conducting public hearings, with any decisions needing to be supported by required findings.

Project Objectives
The project objective is to propose an ordinance for adoption that is consistent with the MOA. The proposed ordinance would apply to all qualifying logistics warehouse projects whether discretionary or ministerial and whether CEQA applies or not, and would achieve the following objectives:

 Satisfy obligations of the MOA.
 Reduce potential environmental impacts through enhanced design standards.  Balance the need for high-quality and sustainable design with the project feasibility  Continue to streamline reviews and provide clarity in the development review process.
 Create consistency through objective design standards.  Minimize future legal challenges through enhanced design.

2 Greenlaw Partners (Rob Mitchell, Mike Souza), Dermody Properties (George Condon), Lazares Companies (Trevor Smith)
3 Group meetings as well as individual meetings for residents who expressed interest in the effort. 4 Commissioners Gurneel Boparai, Terry Hull, and Rajan Nathaniel 773

ATTACHMENT H
Option B Feasibility Analysis

3 FINDINGS FOR ALTERNATIVES

Staff performed significant research, outreach, and held meetings as summarized above and concluded that certain MOA standards were infeasible. Per the MOA, if certain standards from the MOA are not included in the proposed warehouse ordinance, an explanation needs be provided to explain:

1) Why such condition is infeasible as defined under CEQA5; 2) What alternative conditions are being proposed for inclusion in lieu of any omitted conditions; and
3) How such alternative conditions reduce potentially significant environmental impacts.

The following provides findings that incorporate feasibility analysis, explanations, responses to comments, and conclusions of staff’s review of all proposed standards that require feasibility consideration consistent with the MOA criteria listed above. This feasibility analysis was prepared by the City with the assistance of outside consultants (PlaceWorks) hired independently by the City.

For this analysis, staff is proposing to incorporate the proposed alternatives into an optional ordinance, referred to in the analysis as "Option B (Adjusted Standards)” and are herein referred to as the “Project” for the purposes of the feasibility analysis presented in this report. The MOA standards (original MOA Exhibit A language) are considered Option A. A third optional ordinance (Option C) is proposed by members of the industrial development community which has several differences from Option B - this analysis does not address (Option C). The analysis for Option C is a separate document.

MOA# 7 Paint Coating6:

MOA Original Language (Option A) Proposed Alternative (Option B) All architectural and industrial
maintenance coatings (e.g., paints)
applied on site shall be consistent with a
VOC content of <10 g/L. Developer or
tenant is not expected to exercise control
over materials painted offsite by a third
party.

Architectural and industrial coatings (e.g.,
paints) applied on the qualifying
facility(ies) shall be consistent with the
Volatile Organic Compound (VOC)
content limits set by the San Joaquin
Valley Air Pollution Control District
(SJVAPCD) or the current edition of the
California Green Building Standards
Code (CALGreen), whichever is most
restrictive. Developer or tenant is not

5 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. [CEQA §15364] 6 The MOA Exhibit A included bullet points and not numbers. For the purposes of tracking changes, those bullet points have been converted to numbers for easier reference. All proposed standards have been kept in the same order.
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4 required to exercise control over
materials painted offsite.

Analysis:

Feasibility
This MOA (Option A) standard is deemed to be infeasible based on legal and economic factors discussed below. This measure is taken directly from the South Coast Air Quality Management District (SCAQMD) Rule Book. The following language was proposed by the California Attorney General’s Office on October 9, 2023:

o “Architectural paints and coatings used shall have maximum VOC emissions of 10 g/L or the most current regulatory standard promulgated by the South Coast Air Quality Management District, whichever is lower. o All other adhesive, sealant, or specialty coating products used shall have VOC emissions meeting the most current regulatory standard promulgated by the South Coast Air Quality Management District.
o [If City staff deem definitions necessary] Define architectural paints and coatings and other adhesive, sealant, and specialty coating products as they are defined by the South Coast Air Quality Management District.”

Per the SCAQMD, the above language (referencing Rule 1113 – Architectural Coatings) “…is applicable…to any architectural coating that is intended to be field applied within the [SCAQMD] District…[and] The purpose of this rule is to limit the VOC content of architectural coatings used in the [SCAQMD] District.” Further, the strictest building codes (CAL Green Tier 2), LEED, and most air district standards throughout the State do not require this mitigation standard. Therefore, the City of Stockton, which is located within the San Joaquin Valley Air Pollution Control District (SJVAPCD), over 300 miles north of SCAQMD, does not find Rule 1113 applicable nor appropriate for utilization in our region as it has not been evaluated as such. Accordingly, use of this standard is not appropriate in Stockton nor legally required.

Additionally, the recent Mariposa Industrial development project attempted to comply with this requirement as a CEQA mitigation measure and determined (from their architect) that a paint that low in VOC (<10 g/L) was not commercially available as the process to manufacture VOC that low involved high production costs due to heating and preparation7. Despite market availability, excessive costs are an economic factor, which is recognized by CEQA as a relevant and appropriate factor when determining feasibility.

Further, via a third-party economic consultant (PlaceWorks), it was confirmed that while water-based zero VOC interior paints (defined as <10 g/L) are widely available at comparable costs to widely available higher VOC paints, the commercial availability of

7 Correspondence from V. Melton BRR Architecture, Letters from PPG & Sherwin Williams (on file) 775

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5 zero VOC (<10 g/L) exterior paint is generally very limited and expensive (approximately 77% higher cost8). It is important to note that, upon consultation with a major paint manufacturer9, not all paint manufacturers provide exterior zero VOC paint options (only low VOC <50 g/L was more commonly available).

Alternative Standards Proposed
As an alternative, Option B proposes a standard metric for paint VOC that aligns with current California Green Building Standards Code and San Joaquin Valley Air Pollution Control District (SJVAPCD) requirements. Based on feedback from climate and environmental professionals, staff anticipates the Building Code and Air District standards to increase as the State works to implement it’s 2045 carbon neutral objectives via enhanced minimum air quality and building standards. Including this language in the proposed ordinance will ensure that more restrictive standards will automatically apply once adopted by CALGreen or SJVAPCD.

Reduction of Environmental Impacts
The proposed standard is consistent with State, local, and best management practices and will automatically correspond with changes to paint VOC requirements adopted by the SJVAPCD and consistent with State Carbon Neutrality objectives.

It is important to note that, absent adoption of the ordinance, ministerial projects would not be required to exceed minimum standards, therefore, these standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing greenhouse gases.

MOA# 10 Building Standards:

MOA Original Language (Option A) Proposed Alternative (Option B) Qualifying facilities shall be constructed in
compliance with the most current edition
of all adopted City building codes,
including the adopted Green Building
Standards Code. Prior to the issuance of
building permits, the applicant/developer
of the qualifying facility(ies) shall
demonstrate (e.g., provide building plans)
that the proposed buildings are designed
and will be built to, at a minimum, meet
the Tier 2 advanced energy efficiency
requirements of the Nonresidential
Voluntary Standards of the California
Green Building Standards code, Divisions
Logistic warehouses 400,000 square feet
and greater shall meet the Tier 1 energy
efficient standards of the CALGreen Code
Divisions A5.1, A5.2, and A5.5.

8 Sherwin Williams 5-gallon A-100 low-VOC (<50 g/L) is $277.45 and 5-gallon Emerald zero-VOC (<10 g/L) is $489.95 9 PlaceWorks met with Behr on November 8, 2023
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6 A5.1, A5.2 and A5.5, Energy Efficiency as
outlined under Section A5.203.1.2.

Analysis:

Feasibility
This MOA Option A standard is deemed to be infeasible based on the economic factors discussed below. There are not many examples of other cities in the State utilizing Tier 1 or Tier 2 for all building standards. Some cities and air districts utilize Tier 1 or Tier 2 standards specific to a select item (i.e., employee parking), but there aren’t many examples of this requirement in common practice.

As shown below, the application of California Green Building Standards Code (CalGreen) Tier 2 standards on warehouse development less than 400,000 square feet is not feasible as it could be cost prohibitive for that size development; excessive costs are an economical factor, which is recognized by CEQA when determining feasibility.

Division A5.1—Planning and Design

A5.104.1 Reduce development footprint and optimize open space.

For industrial uses in the IL and IG zoning district, the City’s development code requires a landscaped 20-foot setback from any public street and, for an industrial site abutting a residential zoning district, the Code requires a landscaped setback equal to the height of the building. There is no setback specified for side or rear property lines that are adjacent to other industrially zoned properties.

The cost estimate is based on a typical 2.5 million-square foot warehouse site.10 The area required for landscaping will vary from site to site, based on street frontage, parcel shape, and the presence of adjacent residential zoning districts. This analysis assumes a square site with one side adjacent to a street, with a 20-foot landscaped setback, and a rear property line abutting a residential zone with a 36-foot landscaped setback (reflecting a 36-foot building height). The total landscaped setback area would be 88,348 square feet. Section A5.104.1.1 would require the site to provide an additional 25 percent landscaped open space, an additional 22,087 square feet.

The cost to acquire land for this additional open space, install landscaping, and maintain the landscaping is calculated in Table 1. The analysis estimates that the additional land would cost $331,000 and installing landscaping would cost $248,000.

Financed over 20 years, this upfront capital cost would require a monthly debt service payment of $6,700. With a 9.8 percent allowance for vacancies and a 30 percent allowance for operations, the increase in gross rent would need to be $11,240. For the

10 The size of a typical warehouse site is based on the average lot/parcel size for ten recent large (>100,000 sq. ft.) warehouse development projects identified by city staff: Permit numbers: P19-0189, P20-0114, P20- 0115, P20-0242, P20-0395, P20-0805, P21-0277, P21-0576, P21-0980.
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7 typical 1,072,076-square foot warehouse, the asking lease rate would need to increase by $0.01 per square foot per month, rising from $0.7111 to $0.72.

Table 1: Cost Calculation for Increased Open Space
Additional required landscaped area (sq. ft.) 22,087
Land acquisition @ $15/sq. ft. 331,305
Landscape Installation @ $11.2512 per sq. ft. 248,479
Total upfront capital cost ($) 579,784
Monthly debt service ($) 6,691
w/Vacancies and operations ($) 11,114
Warehousing space (sq. ft.) 1,072,076
Increase lease rate ($/sq. ft./month) 0.01
Source: PlaceWorks, 2023, using data from industry interviews13, property sales data, vacancy rate data from CB Richard Ellis, and financing cost data from RealtyRates.com.

The additional open space that would be required under this standard could overlap with other standards in the MOA, namely the increased setback for industrial buildings and the 300-foot buffer between loading docks and potential sensitive receptors. In addition, this standard and others that would result in additional land and/or smaller warehouse footprints will have the effect of spreading warehousing development out and consuming more land over time; in direct conflict with compact development14 and agricultural preservation15 policies.

A5.106.3 Low Impact Development (LID)
Drainage and stormwater management will vary considerably from site to site. Onsite facilities would need to be engineered for the 85th percentile 24-hour runoff event or hourly intensity for each individual site and additional land area may have to be acquired.

City of Stockton Municipal Utilities Department (MUD) estimates the cost to comply with SWQCP requirements to be approximately $2,000 per acre for a 1.1 MSF warehouse on a 58-acre site. This assumes the project is connecting to an existing storm drain conveyance system and pump station. For sites required to design master plans and build public storm drain improvements including conveyance systems, basins, and pump stations, the costs would be considerably more.

Division A5.2—Energy Efficiency

11 CB Richard Ellis’ Central Valley Industrial Figures Q3 2023 report 12 Averages from $10 to $12.50 per square foot
13 Industry representatives: Greenlaw Partners, Cushman Wakefield, Dermody Properties, and Lazares Companies 14 SJCOG 2022 Regional Transportation Plan/Sustainable Communities Strategy, Sierra Club California Urban Growth Management Policy Guidelines
15 San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), Sierra Club California Urban Growth Management Policy Guidelines

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8 A5.203.1.1 Tier 1 and Tier 2 Prerequisites
To comply with Tier 2, Two (2) efficiency measures (listed under CalGreen Section A5.203.1.1.1/4/5) are required. Said measures are formatted menu-style where developers can select which measures to utilize to meet CalGreen Tier 1 and Tier 2 thresholds.

The Tier 1 standard would require a new warehouse development to implement one of the efficiency measures referenced above. Tier 2 would require a new warehouse to implement a second efficiency measure. The analysis assumes that the outdoor lighting efficiency measure (available under CalGreen Sections A5.203.1.1.1/4/5) would be the easiest to implement and would be chosen to satisfy the Tier 1 requirement. The analysis assumes that the second easiest measure (available under CalGreen Sections A5.203.1.1.1/4/5) to implement would be the warehouse dock seal doors. Thus, the analysis estimates the cost for this measure as the cost to satisfy the MOA standard to require Tier 2 compliance.

The South Coast Air Quality Management District (SCAQMD)’s High Cube Warehouse Truck Trip Study from 2014 found that the average warehouse has 1.8 dock doors per 10,000 square feet of warehousing floor area. Based on this rate, the typical 1,072,076 square foot warehouse would be expected to have 193 dock doors. With an estimated cost of $10,000 per dock seal door, Table 2 provides the estimated cost to implement this standard.

The analysis estimates that the total cost for this measure would be $1.93 million. To finance this amount, the lease rate would need to increase by $0.03 per squa re foot per month, which represents a 4.9 percent increase over the asking lease rate of $0.71; an increase of $32,162.28 per month.

Table 2: Cost Calculation for Dock Seal Doors
Number of Dock Doors 193
Cost per Dock Seal ($) 10,000
Total Cost ($) 1,930,000
Monthly Debt Service ($) 22,272
Gross Monthly Income w/Vacancies and
operations ($)
36,996
Warehousing Floor Area (sq. ft.) 1,072,076
Increased Lease Rate ($/sq. ft./month) 0.03
Source: PlaceWorks, 2023, using data from industry interviews, vacancy rate data from CB Richard Ellis, and financing cost data from RealtyRates.com.

A5.203.1.2 Performance Standard
To reduce a building's energy usage below code minimums by 10-15% as required, upgrades to building components would be necessary such as: exterior wall/roof assemblies, higher efficiency mechanical units, reduction in lighting power, high efficiency water heating appliances. Determining compliance with this standard requires 779

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9 detailed engineering analysis of a specific building, its components, and its intended tenant, which is beyond the scope of this analysis. However, most buildings are designed to meet code minimums for envelope and mechanical, electrical, plumbing designs and would therefore require upgrades, increasing construction costs.

Section A5.211 Renewable Energy
If a new warehouse facility provides solar power and battery storage under MOA #13, then it would appear that A5.211.1 would be satisfied. For MOA #13, the analysis estimated that providing onsite solar power generation would cost $6.41 million. If an alternative to MOA #13 is adopted and this standard is adopted, then the electric generation would be generally about 1 percent of the cost for MOA #13, or about $641,000. This would be a negligible cost increase. However, the standard described above requires additional calculation beyond the simple percentage adjustment used here, and it also requires electric power generation equivalent to 1 percent of the natural gas and propane use, so the final cost could be somewhat larger.

A5.211.3 Green power
With Ava Community Energy expected to begin offering service in Stockton in 2025, this standard can be implemented. There would be a slight increase in utility rates for Ava’s Renewable 100 service plan. On their website, they estimate that participation in this plan would cost about 0.7 percent more than standard PG&E rates for a small commercial business.

For a 1,072,076 square-foot warehouse, the base power requirement is 5,038,756 kWh per year16 for non-refrigerated warehouses and 31,733,465 for refrigerated warehouses.

With Ava’s rate being ¼ cent more per kilowatt hour than PG&E17, this equates to a monthly utility cost increase of $1,049.74 and $6,611.14 for non-refrigerated and refrigerated warehouses (respectively) over PG&E.

Section A5.212 Elevators, Escalators and Other Equipment Based on interviews with industry representatives, elevators and escalators are generally not installed in typical warehouses. Thus, the analysis does not estimate a cost for this standard.

Section A5.213 Energy Efficient Steel Framing
Based on interviews with industry representatives, we have not been able to identify how this standard would affect warehouse construction, so the analysis does not estimate a cost for this standard. However, there might be a substantive cost to comply with this standard or it might be negligible.

16 See MOA #13 for calculation
17 https://avaenergy.org/service-plans-business/
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10 Division A5.5—Environmental Quality

A5.504.2.1 IAQ Testing
There is the potential to incur additional costs in meeting the standards if indoor air flushing alone is not sufficient (and the premise of this standard is that an engineer has determined that flushing out is not feasible), and, because this testing occurs after construction and before occupancy (the provision to allow occupancy after four days applies to facilities in which flushing out is feasible), there is also the potential to delay occupancy, which itself imposes a cost.

A5.504.4.7 Resilient flooring systems
Under base CALGreen, 80 percent of the floor space receiving resilient flooring would have to be constructed with VOC-specific flooring material. The Tier 2 standard increases the coverage from 80 percent to 100 percent. Based on interviews with industry representatives, the costs to comply for the final 20 percent of the floor area receiving resilient flooring would be negligible.

A5.507.1 Lighting and thermal comfort controls
Based on interviews with industry representatives, it appears that the costs to comply with this standard for the office space would be negligible and the standard would not be applicable to warehousing space. The cost estimates analysis has not calculated a cost to comply with this standard.

A5.507.3 Views
Based on interviews with industry representatives, it appears that the costs to comply with this standard for office space would be negligible relative to the financial feasibility of warehousing development. However, it is not clear if or how this standard would apply to occupants in the warehousing space. The cost estimates analysis has not calculated a cost to comply with this standard.

Based on discussion with industry experts and the City’s consultant, Tier 2 standards are not commonly applied by most municipalities throughout California as the primary means to reduce greenhouse gas emission for industrial warehouses. While some municipalities and agencies have selected components of CAL Green Tier 2 standards for various items (i.e., EV parking amount), using the standards on a comprehensive basis does not appear to be a standard in common usage.

In conclusion, the application of Tier 2 standards on warehouse development less than 400,000 square feet is currently infeasible as the known costs would increase overall construction cost, building user costs and leasable spaces, and put the City at a competitive disadvantage for attracting industrial warehouse projects compared to surrounding jurisdictions that do not have these requirements.

Alternative Standards Proposed
Option B changed the original MOA measure of Tier 2 to Tier 1 and applied only to buildings 400,000 square feet or larger. All other warehouse facilities would have to 781

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11 maintain compliance with current state and local standards. Since larger facilities (i.e., greater than 400,000 square feet) typically have large businesses that can accommodate the increased cost, the threshold was proposed to provide cost savings for smaller companies with facilities less than 400,000 square feet.

Reduction of Environmental Impacts
The proposed alternative is effective as the increased building standards for warehouses larger than 400,000 square feet will help with energy efficiency and greenhouse gas reduction and exceed current practices. The proposed standard is consistent with state, local, and best management practices and will automatically correspond with changes in minimum building requirements (CAL Green) adopted by the state, consistent with State Carbon Neutrality objectives. These standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing greenhouse gases.

MOA #11 Loading Docks:

MOA Original Language (Option A) Proposed Alternative (Option B) Qualifying facilities and their associated
loading docks must be located no closer
than 300 feet from sensitive receptors,
and the City staff should consider the
public health and safety benefits of
requiring a larger buffer, up to 1,000 ft. All
such setbacks will be measured from the
loading dock or any building edge,
whichever is closer to the property line of
any nearby sensitive receptors using the
straight-line method. The setbacks and
buffers required in this ordinance shall
prevail over any less-stringent standards
in the City’s Development Code.

Sensitive receptor shall be defined as any
residence including private homes,
condominiums, apartments, and living
quarters, schools, preschools, daycare
centers, correctional facilities,
parks/recreation facilities, in-home
daycares, and health facilities such as
hospitals, long term care facilities,
retirement, and nursing homes.

Building Setbacks: 2:1 ratio of building
setback to building height shall be
required when adjacent to sensitive
receptors.

Loading Dock Setback: Unless
determined to be physically impossible,
when adjacent to sensitive receptors, a
300-foot buffer shall separate all truck
loading docks unless the areas within the
300-foot buffer utilize zero emission
trucks and equipment.

Sensitive receptor shall be defined as
schools, health care facilities, libraries,
churches, correctional facilities,
parks/recreational facilities, in home
daycare, health facilities (hospitals, long
term care facilities, retirement, and nursing
homes) or more than two directly
contiguous residential units.
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12 Analysis:

Feasibility
This MOA Option A standard is deemed to be infeasible based on the practical, technological, and economic factors discussed below. An analysis conducted by staff using Geographic Information Systems (GIS) mapping indicated that, a proposed 300- foot and 1,000-foot buffer consistent with that metric, would have a significant impact on what new facilities industrially designated properties would be allowed to develop.

Exhibits shown to the Planning Commission at public study sessions provided examples of actual local industrial parcels that would see their respective building area reduced by 60-80 percent. Parcels that were large enough and not next to receptors that would trigger the buffer requirement were located within the City’s sphere of influence, but not in a legal position to be annexed into the City as they were not contiguous to the City limits. Contiguous location is defined as “territory adjacent to an agency to which annexation is proposed” and is a State (Local Government Reorganization Act) and local requirement for annexation consideration. Since the total amount of warehouse space would be significantly reduced by the MOA’s 300- and 1,000-foot buffers, it is infeasible due to its impracticality, technological and economic factors. Therefore, staff is proposing an alternative.

As discussed elsewhere in the analysis, this requirement could result in the effective loss of all viable use of some industrial parcels in Stockton. The other question is what is the economic impact of requiring a 300 or 1,000 buffer on industrial properties adjacent to potential sensitive receptors when such parcels are not large enough to physically accommodate such a buffer. Generally, an industrial developer makes full use of a site, given the needs for truck movement onsite, employee parking, stormwater management and so forth. The required buffer would necessitate the developer purchasing additional land area for a warehouse and this land area would provide no economic benefit for the property owner or tenant.

PlaceWorks reviewed ten recent warehouse projects18,four of which appear as though a buffer would be required if developed under the MOA language. PlaceWorks estimates the total property line length for these four buffers would be 13,135 feet. Across the four sites, the 300-foot buffer would require the purchase of an additional 90.5 acres of land (assuming the developer builds similarly sized warehouses and simply purchases additional land to accommodate the buffer). This additional land area would be a 28 percent increase in site area for the four projects, with the individual sites requiring an increase ranging from 23 to 52 percent. A 1,000-foot buffer area would require the purchase of an additional 301.5 acres of land, or an increase of 93 percent.

Based on an analysis of industrial property sales in San Joaquin County from 2021 to 2023, PlaceWorks, estimates the cost to acquire industrial zoned land at $699,000 per acre. As this land value, the 300-foot buffer would increase the cost of development by

18 Permit numbers: P19-0189, P20-0114, P20-0115, P20-0242, P20-0395, P20-0805, P21-0277, P21-0576, P21-0980. 783

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13 $15.8 million based on a weighted average for the four projects evaluated. The 1,000- foot buffer area would increase the cost of development by $52.7 million, on average.

If these projects were developed under the MOA language and had to purchase additional land to accommodate a 300-foot buffer, these lease rate would need to increase by $0.09 per square foot per month (based on a permanent loan for the full cost19 of the additional land, with an interest rate of 7.07 percent, and a debt service coverage ratio of 1.45, representing third quarter 2023 market conditions as reported by RealtyRates.com). This would represent a 13 percent increase in the average lease rate, $0.71 per square foot per month, as reported by CB Richard Ellis for Stockton in their Central Valley Industrial Figures Q3 2023 report. Currently, Stockton has the third highest lease rates in the Central Valley, and an increase of $0.09 would push it into second place, just behind Tracy, where the average lease rate is $0.82. If a 1,000-foot buffer were required, lease rates would have to increase by $0.31, or 43 percent, to $1.02. However, this accounts just for the cost of the land; the cost to provide landscaping still needs to be considered.

In addition to economic impacts to the developer, this would also result in the permanent elimination of farmland, in direct contradiction with San Joaquin County General Plan (SJC GP)20, the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan (SJMSCP), and Sierra Club California Urban Growth Management Policy Guidelines21. Further, the premature conversion of farmland could create pressure to develop on surrounding agricultural lands, conflicting with SJC GP Goal LU-7 Provide for the long-term preservation of productive farmland.

Alternative Standards Proposed
Consistent with the MOA, Option B proposes a 300-foot loading dock setback but is reducing the building setback to align with the proposed height of the building. This 2:1 ratio of setback to height (i.e., 50ft tall building=100ft setback) maintains a larger than currently required setback based on proposed height.

Reduction of Environmental Impacts
The proposed standard is consistent with State, local, and best management practices.

The new loading standard maintains the intent of the MOA 300-foot buffer and increases the setback distance from the building to the sensitive receptors which will reduce noise, visibility, and possible odor impacts.

It is important to note that, absent adoption of the ordinance, ministerial projects would

19 Typically, a construction loan might provide half the cost of land acquisition, with the developer’s equity investment making up the remainder. It is very unlikely that a warehouse would be financially feasible if the developer is required to invest an additional $7.9 million to purchase land that generates no economic activity.

However, it is also not certain whether a developer would be able to finance the full buffer-area acquisition through the construction loan or permanent loan.
20 Goal LU -1.7 Farmland Preservation
21 https://www.sierraclub.org/sites/default/files/sce/mother-lode- chapter/Website/Growth%20Management%20Guidelines.pdf
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14 not be required to exceed minimum standards, therefore, these standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing noise, visibility, and possible odor impacts to sensitive receptors.

MOA# 12 Landscaped Buffer:

MOA Original Language (Option A) Proposed Alternative (Option B) Qualifying facilities must include an onsite
landscape buffer, measured from the
property line of all adjacent sensitive
receptors. The width of the buffer shall be
proportionate to the height of the
warehouse building with specified
minimums as set forth below unless
infeasible. Landscaping shall be installed
at the periphery of the qualifying
facility(ies) site along adjacent rights of
way and the landscaping buffer area shall
not include the right of way itself.

Landscape buffers shall not be required
on interior boundaries of the qualifying
facility(ies).
a) The width of the buffer shall be set at
a 2:1 ratio for all warehouses–for
every 1 foot of building height, the
buffer shall be 2 feet. The landscaping
portion of this buffer shall not be less
than 50% of this buffer, but may
include areas to be used for
bioswales, retention/detention areas
and/or other stormwater and water
quality management areas.
b) The buffer area(s) shall include, at a
minimum, a solid decorative wall(s)
adjacent to sensitive receptors,
natural ground landscaping, and solid
screen buffering trees, as described
below, unless there is an existing solid
block wall. Onsite buffer areas shall
not include deceleration lanes or right-
turn lanes. To the extent allowed by
other applicable City codes, policies,
and regulations the height of the
decorative wall shall be at least 14
feet, except in buffer areas adjacent to
 A 40-foot landscaped planter (buffer)
shall be installed along the property
line adjacent to a sensitive receptor.
 The buffer shall be landscaped, and
not be less than 50% of the total buffer
size with two rows of 15-gallon trees
planted along the length of the
property line adjacent to the sensitive
receptor.
 The buffer landscape can include
areas to be used for bioswales,
retention/detention areas and/or other
stormwater and water quality
management areas in compliance with
SMC Section 16.56 (Landscaping).
 The buffer area shall include a
minimum 10-foot solid decorative
wall(s), or landscaped berm and wall,
or landscaped berm adjacent to
sensitive receptors unless a noise
analysis indicates an alternative height
is needed for sound attenuation.
 All on and off-site landscaping shall
comply with SMC Chapter 16.56
(Landscaping).
 All landscaping shall be drought
tolerant and, to the extent feasible,
comprised of species with low
biogenic emissions. Palm trees shall
not be utilized.
 All landscaping areas shall be properly
irrigated for the life of the facility to
allow for plants and trees to maintain
growth with no undue pruning.
 Tree maintenance shall comply with
SMC Section 16.56 as a certified
Landscape Architect must prepare the
Preliminary and Final Landscape plan
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15 sensitive receptors. For areas
adjacent to sensitive receptors, the
decorative wall shall be a minimum of
14 to 18 feet to the extent otherwise
permitted by city codes, policies, and
regulations.
c) Trees shall be used as part of the
solid screen buffering treatment. Trees
used for this purpose shall be
evergreen, drought tolerant, and shall
be spaced in two rows along the
length of the buffer, with trees in each
row offset, and each tree no greater
than 15 feet on center. Spacing up to
20 feet may be allowed if wide canopy
trees are used sufficient to create wall
of vegetation that filters warehouse
pollution. The property owner, tenant,
operator, and any successors in
interest shall maintain these trees for
the duration of ownership, ensuring
any unhealthy or dead trees are
replaced with a similar tree as soon as
possible.
d) All landscaping shall be drought
tolerant, and to the extent feasible,
species with low biogenic emissions.

Palm trees shall not be utilized.
e) All landscaping areas shall be
properly irrigated for the life of the
qualifying facility(ies) to allow for
plants and trees to maintain growth
with no undue pruning.
and certify the planting is water
efficient at the time of construction
permit approval.
 Trees shall be installed in automobile
parking areas to provide at least 35%
shade cover of passenger vehicular
parking areas within fifteen years.

Trees shall be planted that can meet
this requirement. The 35% shade
trees amount can be substituted for
solar canopy upon approval by the
Director.

Analysis:

Feasibility
This MOA Option A standard is deemed to be infeasible based on the practical and economic factors discussed below. As further explained here, for certain properties, 1,000 feet of landscape buffer would render the property undevelopable for warehouse development.

The landscaping required for this standard would vary from one project to the next. To provide an assessment of the economic feasibility, the analysis assesses the impact of the cost to provide landscaping in the buffer area as described in the analysis for MOA #11. The actual area requiring landscaping for MOA #12 could be different because it is 786

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16 based on the height of the building and it also allows stormwater management facilities, which would not be a new cost item.

PlaceWorks’ landscape architects recommend using a generalized cost estimate of $10 per square foot for the cost to install irrigation and landscaping, and to include an upper range of $12.50 per square foot. The analysis for MOA #11 evaluated a 300-foot and a 1,000-foot buffer. Because the standard would be 2 feet of buffer for every one foot of building height, a 300-foot buffer would be applicable to a building that is 150 feet in height or less. This analysis is based solely on the 300-foot buffer width and the assumption that it would be landscaped in its entirety.

Based on PlaceWorks’ analysis of four recent warehouse projects that would require a buffer adjacent to sensitive receptors, the average cost to install landscaping for a 150 to 300-foot-wide buffer area would range from $4.95 million to $12.3 million.

If the four projects were developed under the MOA language and had to install landscaping for a 300-foot buffer, lease rates would need to increase by $0.06. to $0.07 per square foot per month (based on a permanent loan for the full cost22 of the additional land, with an interest rate of 7.07 percent, and a debt service coverage ratio of 1.45, representing third quarter 2023 market conditions as reported by RealtyRates.com). This would represent an 8.1 to 10.1 percent increase in lease rates.

Taken together with the added land cost for a buffer area, the combined impact of the buffer and landscaping would be an increase in monthly lease rates from $0.71 to $0.86, an increase of 21 percent. This would also push the cost for new warehousing space in Stockton to the highest in the region, exceeding asking lease rates in Tracy by 5 to 6.5 percent.

It is important to note that the economic/market conditions between Tracy and Stockton differ, with Stockton facing higher unemployment, lower household income, and higher poverty rates (among other factors as sampled below):

7/7/202223 Tracy Stockton
Population 97,328 321,819 330% 
Employment Rate 67.7 59.6 12% 
Retail Sales Per Capita 2017 ($1,000) $16,195 $12,715 21.5% 

22 Typically, a construction loan might provide half the cost of land acquisition, with the developer’s equity investment making up the remainder. It is very unlikely that a warehouse would be financially feasible if the developer is required to invest an additional $7.9 million to purchase land that generates no economic activity.

However, it is also not certain whether a developer would be able to finance the full buffer-area acquisition through the construction loan or permanent loan.
23 Typically, a construction loan might provide half the cost of land acquisition, with the developer’s equity investment making up the remainder. It is very unlikely that a warehouse would be financially feasible if the developer is required to invest an additional $7.9 million to purchase land that generates no economic activity.

However, it is also not certain whether a developer would be able to finance the full buffer-area acquisition through the construction loan or permanent loan.
787

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17 Median Household Income $102,336 $63,916 37.5% 
Poverty Rate 9.8% 16.3% 166% 
U.S. Census QuickFacts - U.S. Census Bureau QuickFacts: Tracy city, California; Stockton city, California

Alternative Standards Proposed
Consistent with examples provided by the state attorney office and other cities within the state, a 40-foot landscape buffer is proposed. A minimum 10-foot sound wall is also proposed unless a noise analysis indicates a taller wall is needed to bring noise levels into compliance with nighttime and daytime standards. In addition, staff added an alternative based on other city examples. That addition requires that trees be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within fifteen years. Trees shall be planted that can meet this requirement; however, parking area trees could be substituted for solar canopies to help provide shade and energy efficiency consistent with current practices in the state.

Reduction of Environmental Impacts
The proposed alternative measure will provide environmental enhancements similar to the MOA standards and will exceed current local standards. The increase in landscaping will provide a larger and enhanced buffer between operational uses and the adjacent receptors that will mitigate noise, visual, and potential odor impacts from the facilities. It is important to note that, absent adoption of the ordinance, ministerial projects would not be required to exceed minimum standards, therefore, these standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing noise, visual, and potential odor impacts to adjacent receptors.

MOA# 13: Solar, Battery Energy System:

MOA Original Language (Option A) Proposed Alternative (Option B) Solar Power/Battery Energy Storage
Systems:
a) The building permit application for
qualifying facilities must demonstrate
sufficient solar panels to provide power
for the operation’s base power use at the
start of operations and as base power
use demand increases. The application
shall include analysis of plans to meet (a)
projected power requirements at the start
of operations and as base power demand
increases corresponding to the
implementation of the “clean fleet”
requirements, and (b) generating capacity
of the solar installation.
 The building permit application for
qualifying facilities must demonstrate
sufficient solar panels to provide
power for the operational base power
use at the start of operations. When
available, applicants will be permitted
to utilize “clean energy” sources in-lieu
of providing onsite energy production.
“Clean Energy” sources include
programs such as, but not limited to,
Ava Community Energy.
 Operational base power is defined as
the amount of power required to
supply loads for all ordinary
operational uses of the site. Loads for
all ordinary operational uses of the site
788

ATTACHMENT H
Option B Feasibility Analysis

18 a) The photovoltaic system(s) shall
include a battery energy storage system
to serve the qualifying facility(ies) in the
event of a power outage to the extent
required by the most current edition of the
California Building Standards Code.
b) Stockton’s Community
Development Department (CDD) shall
verify the size and scope of the solar
project based upon the analysis of the
projected power requirements and
generating capacity as well as the
available solar panel installation space.
c) In the event sufficient space is not
available on the subject lot to
accommodate the needed number of
solar panels to produce the operation’s
base or anticipated power use, the
applicant of the qualifying facility(ies)
shall demonstrate how all available space
has been maximized (e.g., roof, parking
areas, etc.) for photovoltaic and battery
energy storage system use. Areas which
provide truck movement may be excluded
from these calculations unless otherwise
deemed acceptable by the supplied
reports and applicable building standards.
d) The owners, operators or tenants,
or qualified solar system contractor
engaged by the developer or tenant, shall
install the system when the City has
approved building permits and the
necessary equipment has arrived. The
tenant/operator of the qualifying
facility(ies) shall commence operation of
the system only when it has received
permission to operate from the utility. The
photovoltaic system owner shall be
responsible for maintaining the system(s)
at not less than 80% of the rated power
for 20 years. At the end of the 20-year
period, the owners, operators, or tenants
shall install a new photovoltaic system
meeting the capacity and operational
requirements of this measure, or continue
include, as non-exhaustive examples,
loads for minimal heating for fire
sprinklers, primary office space
lighting, HVAC, warehouse power,
warehouse lighting, site lighting,
minimum power for dock positions
(including chargers for yard equipment
and any plug-ins for transport
refrigeration units), and the amount of
light-duty electric vehicle supply
equipment required by
CalGreen. Loads for all ordinary
operational uses of the site exclude,
as non-exhaustive examples, loads for
specialized equipment, non-standard
automation or material handling
systems, and chargers for heavy-duty
trucks.
 Projects shall be allowed to utilize
alternative energy means that achieve
comparable energy or greenhouse
gas offsets. This includes Near Zero
Emission (Near ZE) technology when
commercially available.

789

ATTACHMENT H
Option B Feasibility Analysis

19 to maintain the existing system, for the
life of the qualifying facility(ies).

Analysis:

Feasibility
This MOA Option A standard requiring solar power to power multiple components of the building operation and provide battery backup power is deemed to be infeasible for the practical and economic factors discussed below. There has been much uncertainty as to what the base power of operation consists of. Additionally, there are concerns from the industry that the placement of solar power on the roofs of warehouse buildings is a risk for potential fire hazard. This has triggered some instances of ligation and safety concerns for workers.

To define the energy needed for base power, which is not yet fully defined per building standards, the analysis uses average energy consumption. The US Energy Information Administration conducts the Commercial Buildings Energy Consumption Survey every five years (https://www.eia.gov/consumption/commercial/), with the most recent report being from 2018. At that time, they calculated the average electricity use at non- refrigerated warehouses at 4.7 kWh per square foot per year, which jumps 29.6 kWh per square foot per year for refrigerated warehouses. For the ten recent warehouses used in the economic analysis, the average size is 1,072,076 sq. ft. To assess the economic impact of this standard, the analysis defines the base power requirement as 5,038,756 kWh per year (4.7 kWh X 1,072,076 square feet) for non-refrigerated warehouses, which is equal to 13,805 kWh per day. For refrigerated warehouses this increases to 86,941 kWh per day.

The number of solar power panels is based on the average number of hours of peak sunlight. There are a variety of sources that estimate this, and in general, the analysis found that the average that would apply to Stockton is 5.38 hours per day, averaging over the course of a year. Solar panels generate electricity in DC, which then must be converted to AC. Typically, there is an 80 percent efficiency for the conversion. To provide base power (as defined above) solar panels would need to generate 3,207 kW (or 20,200 kW for refrigerated warehouses): 13,805 kWh per day ÷ 5.38 peak hours of sunlight per day ÷ 80 percent efficiency in converting from DC to AC.

A 72-cell solar panel generates 0.375 kW and costs $750. For an average size warehouse as analyzed for this report (1,072,076 sq. ft.) needing solar power to generate 13,805 kWh per day, it would take 8,553 72-cell solar panels (3,207 kW ÷

0.375 kW per panel), which would cost $6,414,876 (8,553 panels X $705 per panel).

For a refrigerated warehouse, 53,867 72-cell solar panels would be required, costing $40,400,067.

A solar power analysis for an 890,000 square foot warehouse on Mariposa Road found that it would require 13.21 acres to accommodate the solar panels needed for base power generation. That plan would use solar panels over car parking areas for 31.2 percent of the required area, with the remaining solar panels over unused land on the 790

ATTACHMENT H
Option B Feasibility Analysis

20 site. Assuming the same proportions for the typical warehouse, 1,072,000 square feet, analyzed above, the typical project would require 15.9 acres to accommodate the solar panels, and 11.7 acres would need to be accommodated on unused land. For a non- refrigerated warehouse, the cost to acquire the additional unused land area needed to accommodate the solar panels would be $8.2 million.

This MOA standard also requires a battery energy storage system. To evaluate this cost, the assessment analyzes battery units that store 2,288 kWh and cost $2,471,0405. For the non-refrigerated warehouse’s average daily electricity need, 13,805 kWh, 6.03 battery storage units would be required. The cost would be $14.9 million. For a refrigerated warehouse, 38 battery units would be needed at a total cost of $93.9 million.

The total cost of this MOA standard for a 1,072,076-square foot warehouse would be $29.5 million, with $6.4 million for solar panels, $8.2 million for the land area for the solar panel installation, and $14.9 million for battery energy storage. A developer incurring this cost on a new warehouse would need to increase the lease rate by $0.27 per square foot per month, or 37.6 percent, going from $0.71 to $0.98 per square foot per month (based on a permanent loan for the full cost of the solar panels and battery storage, with an interest rate of 7.07 percent, and a debt service coverage ratio of 1.45, representing third quarter 2023 market conditions as reported by RealtyRates.com).

Alternative Standards Proposed
The solar requirement remains as staff has added a definition of what “base power” is as it was lacking from the original standards and is not a definition commonly used in planning and building profession. While the battery component was considered, due to the potential cost and additional detail missing from the MOA (length of charge, and location of batteries), that requirement has been removed due to the potential cost associated with the different types and needed capacity of the batteries beyond base power. In addition, Option B is proposing an option for the use of “clean” energy sources as an alternative to installing solar equipment when they become available for use in projects. Option B is proposing to remove the monitoring component for the upgrades and will rely on changes to state law or projects specific reviews.

Reduction of Environmental Impacts (MOA #13)
The proposed alternative will still result in positive environmental effects on the environment, there are simply more options being provided for the industry to have greater flexibility to determine what is best for their individual project. The proposed alternative will exceed current standards and increase energy efficiency to reduce greenhouse gases and impacts on the City’s energy systems. This includes an increase in required solar or mandate to purchase clean energy, both of which are not current requirements. The proposed standard is consistent with state, local, and best management practices for energy production, management, and coordination with clean energy providers throughout the state.

It is important to note that, absent adoption of the ordinance, ministerial projects would 791

ATTACHMENT H
Option B Feasibility Analysis

21 not be required to exceed minimum standards, therefore, these standards will lessen environmental impacts for all future projects and align with the state’s objectives regarding energy efficiency.

MOA# 14/17 EV Fleet and Monitoring

MOA Original Language (Option A) Proposed Alternative (Option B) #14- The lease agreement should include
requirements for sustainable business
practices, such as the use of trucks from
2014 or newer that transition to zero-
emission vehicles. Clean fleet standards
must be met by all other vehicles on-site.
(SEE MOA FOR FULL TEXT)
Electric Vehicle Chargers Stations
(EVCS) Infrastructure for Trucks: provide
conduits to provide EVCS to meet future
needs. Conduit should be provided on the
site to serve 50% of the number of truck
docking stations. Location of conduit is at
the discretion of the developer (e.g., truck
trailer parking spaces or docking
stations).
#17- (REMOVE) Facilities need to
purchase electric vehicles to comply with
clean fleet rules. Reports are due every
two years until requirements are met.

Public hearings will evaluate compliance.

Annual reports are required if
requirements aren't met by December 31,
2027. After achieving a 100% clean fleet,
reports are due every three years.

Display signs prohibiting off-site parking
and truck idling. Report complaints about
dust, fumes, odors, and parking to
designated representatives and the air
pollution control district. Complaints must
be addressed within 72 hours. (SEE MOA

FOR FULL TEXT)
No standard is recommended since the
California Air Resources Board (CARB) is
responsible for regulating manufacturers
of EV heavy duty and medium duty
vehicles and enforcing state standards for
electric vehicle (EV) heavy duty and
medium duty fleet compliance
requirements.

#14 and #17 Analysis:

Feasibility
Both of these MOA Option A standards are deemed to be infeasible based on the economic, technological, and practical factors discussed below. The California Clean Air Resources Board (CARB) is the responsible state agency for mandating Medium and Heavy-Duty electrical vehicle (EV) fleet conversions throughout the State of California. As concerns over adequate vehicle charging infrastructure being ready to support the implementation of EV fleets, the State entered into agreements with vehicle manufacturers to roll out this technology by certain timelines (by 2035 and later). CARB is currently responsible for monitoring the vehicle manufacturing industry to ensure heavy duty vehicles become more commercially available in the coming future. 792

ATTACHMENT H
Option B Feasibility Analysis

22 MOA #14 would require all heavy-duty trucks domiciled at a warehouse subject to these standards to be zero-emission vehicles by December 31, 2025, or when commercially available. For medium-duty trucks, the requirement has a more structured phasing requirement, with 80 percent of the domiciled fleet to be zero emission by December 31, 2025, and 100 percent by December 31, 2027. MOA #17 provides requirements for reporting and monitoring compliance with MOA #14. There would be administrative costs for reporting, but these costs would be negligible relative to the costs that affect the financial feasibility of warehouse development and warehouse operations.

Electrifying a commercial fleet requires a significant amount of upfront capital investment. Compared to their diesel counterparts, list prices for Class 6 and Class 7 electric trucks can be anywhere from two to three times as much, depending on the manufacturer. PlaceWorks found that a Class 6 diesel truck (cab and chassis only) can cost between $80,000 and $120,000, whereas the equivalent electric model costs between $225,000 and $280,000. A Class 7 diesel truck (cab and chassis only) can cost between $95,000, whereas $140,000 and their electric equivalent can cost between $250,000 and $320,000. The price difference is larger for Class 8 trucks, primarily driven by the limited options currently available on the market. A Class 8 diesel truck (day cab only) costs between $140,000 and $150,000. The equivalent Class 8 electric truck (day cab only) can cost upwards of $525,000, more than three and a half times as much.

Despite the high sticker prices, incentives from local, state, and regional agencies can make upgrading to an electric fleet more feasible. CARB’s Hybrid and Zero-Emission Truck and Bus Voucher Program (HVIP) offers vouchers worth $85,000 per Class 6 / 7 truck and $120,000 per Class 8 truck through a formal application process. The San Joaquin Valley Air Pollution Control District (Valley Air District) administers a Standard Truck Replacement Program that offers up to $180,000 for surrendering an eligible Class 6 or 7 truck and up to $410,000 for surrendering an eligible Class 8 truck. In addition, the HVIP and Valley Air District incentives may be stacked but may not exceed 80% of the new vehicle base cost (excluding taxes and fees) for fleets 10 trucks or smaller, or 50% of the new vehicle base cost (excluding taxes and fees) for fleets with more than 10 trucks.

Based on information from Mack Trucks, the added cost to purchase a Class 6 electric truck in lieu of purchasing a diesel truck would be about $137,000 ($225,000 electric truck cost minus the $87,700 diesel truck cost). With the CARB voucher, the difference declines to $52,000, or about a 59.6 percent increase in cost. Stacking the CARB incentive, $85,000, with the Valley Air District incentive, up to $180,000, would cover up to 80 percent of the cost for a warehouse operator for surrendering a Class 6 diesel truck and replacing it with a new Class 6 electric truck. This would bring the cost of the electric truck to about $45,000 or 33 percent of the cost of a new diesel truck. While this may result in cost benefits on an individual basis, the rebates are not guaranteed, and current state and local funding sources are not sufficient to guarantee fully funded fleets. In addition, many facilities rely on outside vendors for distribution purposes and 793

ATTACHMENT H
Option B Feasibility Analysis

23 there is no way to require those vendors to comply with the requirement for the facility.

These outside vendors could be coming from outside the region and state and operate equipment that would violate the requirements of the facility for a 100% EV fleet.

Freightliner indicated that the cost for its Class 8 electric truck starts at $525,000. With the CARB $120,000 voucher, the starting cost, $405,000, would exceed the cost for a comparable diesel truck by $255,000 or 170 percent more expensive than the diesel.

Stacking the CARB incentive, $120,000, with the Valley Air District incentive, up to $410,000, would cover up to 80 percent of the cost for a warehouse operator for surrendering a Class 6 diesel truck and replacing it with a new Class 6 electric truck.

This would bring the cost of the electric truck to about $105,000 or 70 percent of the cost of a new diesel truck.

For both medium duty and light duty trucks, there would be a substantial cost increase to outfit a new warehouse operation with new electric trucks rather than diesel trucks.

The extent of this added cost will vary from one operation to the next depending on how many trucks in their fleet would meet the definition of being domiciled at the warehouse facility; however, PlaceWorks was unable to quantify what an expected average number of domiciled trucks would be to estimate a cost.

For standard #17, the City does not have the technological and staffing resources to monitor or review reporting of warehouse operators’ fleet mixes to determine compliance. Further, the City is not informed when warehouse ownership or tenants change over time which further makes this impractical to monitor.

Alternative Standards Proposed
Since no other viable or comparable alternative could be found, Staff is proposing the following alternative standard that requires conduits to be installed at building construction to provide for future opportunities to direct electrical power to charge heavy duty trucks at docking stations.

Reduction of Environmental Impacts
The proposed standards in Option B still include enhanced building standards to improve energy efficiency through encouraging alternative fuel use that is either zero or near zero emission vehicles. These improvements help to reduce greenhouse gases and achieve the State’s goal for carbon neutrality.

MOA# 18 Transport Refrigeration Units (TRUs):

MOA Original Language (Option A) Proposed Alternative (Option B) 794

ATTACHMENT H
Option B Feasibility Analysis

24 For qualifying facilities at which cold
storage and associated transport
refrigeration units (TRUs) are proposed or
may be a future use, unless the owner of
the facility records a covenant on the title
of the underlying property ensuring that
the property cannot be used to provide
cold storage, a conduit shall be installed
during construction of the building shell
from the electrical room to 100% of the
loading dock doors that have potential to
serve the refrigerated space. If tenant
improvement building permits are issued
for any such cold storage space, electric
plug-in units shall be installed at every
dock door servicing the cold storage
space to allow TRUs to plug in and truck
operators a with TRUs shall be required
to utilize the electric plug-in units when at
loading docks serving such refrigerated
space.

Where transport by temperature-
controlled trucks or trailers is proposed,
on-site electrical hookups shall be
provided at loading docks. Idling or use of
auxiliary truck engine power to power
climate-control equipment shall be
prohibited.

Analysis:

Feasibility
This MOA Option A standard is deemed infeasible based on the technological and practical factors discussed below. The requirement for electrified TRUs remains, however the requirement to record a covenant on the title of the underlying property to ensure the property cannot be used for cold storage is technologically and practically infeasible for City staff to monitor for warehouse buildings that are not proposing cold storage. Property recordings occur at the County recorder’s office which is independent from the City of Stockton. The County Recorder’s technology does not have the ability to notify the City of recordings that affect properties in the City. As such, City staff would be unaware if any recorded covenant was removed by a subsequent recording performed by the property owner.

Alternative Standards Proposed
The proposed language removes the covenant requirement. The proposed standard would still require all TRUs onsite to be plugged into electricity thus prohibiting gas powered units onsite. The covenant to prohibit future gas powered TRUs would be redundant as the code would not allow it. Further, the addition of the covenant would require more time and money for the applicant and would not significantly help should a code enforcement case arise from unpermitted gas powered TRUs onsite.

Reduction of Environmental Impacts
No change in impact as the TRU requirement and prohibition of gas powered TRUs would still be in place. Where transport by temperature-controlled trucks or trailers is 795

ATTACHMENT H
Option B Feasibility Analysis

25 proposed, on-site electrical hookups shall be provided at loading docks. Idling or use of auxiliary truck engine power to power climate-control equipment shall be prohibited.

MOA #25: (REMOVE) Development Agreement Monitoring

MOA Original Language (Option A) Proposed Alternative (Option B) Every development agreement, approved
and executed in conjunction with the
applicable warehouse, shall be subject to
periodic review of the
applicant’s/contracting party’s compliance
with the agreement, by the Commission,
during the full term of the agreement, as
specified in the agreement, but in no case
less frequently than once every 12
months as required per SMC 16.128.110
(Periodic Review). Appropriate fees to
cover the City’s cost(s) to conduct the
periodic reviews in compliance with the
Council’s fee resolution shall be collected
from the applicant/contracting party.

Staff proposes removal. Annual
compliance reviews are already required
by State Law and the Development Code.

Analysis:

Feasibility
Since State regulation and the Stockton Municipal Code Section 16.112.110 requirements already require conducting annual reviews of Development Agreements, it is not necessary to include a redundant regulation in the proposed Warehouse Ordinance.

Alternative Standards Proposed
Option B proposes removal of the MOA standard, since the State regulation and Stockton Municipal Code Section 16.112.110 requirements already require conducting annual reviews of Development Agreements.

Reduction of Environmental Impacts
No impact as staff will conduct the annual reviews consistent with the MOA.

MOA #26: (REMOVE) Community Engagement

MOA Original Language (Option A) Proposed Alternative (Option B) A neighborhood meeting shall be required
for one or more discretionary permits for
qualifying facility(ies) application requiring
Council review. At the discretion of the
Director, a neighborhood meeting may be
Staff proposes removal. Conflicts with
ministerial reviews and already required
for approvals requiring public hearings
and annexations.
796

ATTACHMENT H
Option B Feasibility Analysis

26 required for other applications consistent
with SMC section 16.88.025
(Neighborhood Meetings).

Analysis:

Feasibility
Staff currently requires neighborhood meetings for projects that require Council review and public notices sent to all properties within 300 feet of a project for discretionary actions subject to the Brown Act. All submitted projects are Public Record regardless of Ministerial or Discretionary.

Alternative Standards Proposed?
None needed as the City already conducts outreach and notices for project approvals.

Reduction of Environmental Impacts
No impact as staff will conduct neighborhood outreach and noticing consistent with the agreement.

FINDING SUMMARY
The City finds that the Project would have the following environmental and economic benefits:

Feasibility Finding
 Most of the Option A standards have been maintained and included within Option B (Option C discussed in a separate report).
 Option A standards for 10, 11, 12, 13, 14, and 18 have been revised but maintain original components of the Option A request by the MOA. These revisions will exceed current practices and standards for regulating industrial warehouse design and operation.
 Option B proposes to remove three standards (MOA#17, 25, 26) as they are infeasible, conflict with current practices and/or standards, or are achieved by current standards.
 The remaining measures that do not implement the original MOA Option A standards are still consistent with state, local, and best management practices and will automatically correspond with changes in minimum building requirements (CAL Green) and air quality standards adopted by the state, consistent with State Carbon Neutrality objectives. This includes project reviews, applicable construction standards and practices, and monitoring from regional and state agencies.
 If the following MOA standards are applied, Industrial asking lease rates are projected to increase by 64.8 percent.

Amount Percentage
Base Asking Lease Rate $0.71
MOA #10 – Open Space + 0.01 1.4
MOA #10 – Dock Seal Doors + 0.03 4.2
797

ATTACHMENT H
Option B Feasibility Analysis

27 MOA #11 – 300’ Loading Dock Buffer land costs + 0.09 12.7 MOA #12 – 300’ Landscaped Buffer + 0.06 8.5
MOA #13 – Solar/Battery Costs + 0.27 38
Increased Asking Lease Rate ($/sq. ft./month) $1.17 +64.8% Alternative Standards Finding
 The adjusted conditions will provide enhanced mitigation for future project review that will lead to greenhouse gas reduction via more energy efficient buildings. The Project includes enhanced designs standards that reduce future impacts from projects. The standards have been designed to be objective and applied to all applicable projects.
 The proposed standards are more agreeable to the development community as many of the original standards in the MOA included measures that were not quantifiable and had many unforeseen impacts as they invol ved enforcement of standards that have not been established by the state or its enforcement agencies.

Some of the standards not included in the Option B standards (#7, 10, 13, 14, 17) require the abundant use of technology that is not in common usage or monitoring that exceeds city staff resources and expertise or conflicts with internal review or noticing processes.

Reduction of Environmental Impacts Finding
 Option B standards exceed the City’s current standards and will add enhanced design features to further mitigate future warehouse design and operations.  The proposed measures are consistent with many General Plan policies for environmental review, enhanced design standards, and balance requirements that do not adversely impact existing industries and property owners in the City.  The proposed standards are consistent with the provisions of the Municipal Code and do not conflict with other industrial and zoning standards and would supersede any conflicting measure as they are specific to logistic warehouses of a certain size.
 The adjusted conditions will provide enhanced mitigation for future project review that will lead to greenhouse gas reduction via more energy efficient buildings. The Project includes enhanced designs standards that reduce future impacts from projects. The standards have been designed to be objective and applied to all applicable projects.
 The proposed standards are more agreeable to the development community.

Many of the original standards in the MOA included measures that were not quantifiable and had many unforeseen impacts as they involved enforcement of standards that have not been established by the state or its enforcement agencies.

It also included standards that required technology that is not in common usage or monitoring that exceeded city staff resources and expertise.  The State and Regional Agencies will continue to enforce str icter climate change requirements regarding air quality, water quality, and building standards. All future projects will have to comply with state and local air quality and climate standards.

This includes ministerial projects not subject to CEQA.  Absent adoption of the ordinance, ministerial projects would not be required to 798

ATTACHMENT H
Option B Feasibility Analysis

28 exceed minimum standards, therefore, these standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing greenhouse gases.
799

ATTACHMENT I
Option C Feasibility Analysis
1 PREPARED BY

The City of Stockton Community Development Department with the assistance from PlaceWorks (Climate, Economics, CEQA).

INTRODUCTION

 Attorney General’s Representative Meetings: 8/30, 9/13, 9/21, 10/5, 10/19  Environmental Advisor Meetings1: 9/11, 9/14, 9/18, 9/21, 9/26, 10/11, 10/16

1 Representatives from Sierra Club, Catholic Charities of the Diocese of Stockton, and Little Manila Rising 800

ATTACHMENT I
Option C Feasibility Analysis
2  Industrial Advisor Meeting2: 9/6, 9/20, 10/5, 10/11  Meeting with group of Stockton residents expressing interest in the Ordinance3:
9/18, 10/17
 Meeting Climate Specialists (PlaceWorks): 10/3, 10/16  Meeting with Municipalities with Warehouse Ordinance or Considerations: 9/28, 9/29
 Planning Commission Ad-Hoc Committee Meetings4: 8/30, 9/7, 9/14, 9/21 (9/21 Release of Ad-Hoc Notes)
 Planning Commission Public Study Sessions: 8/10, 8/24, 9/28, 10/12  Planning Commission Public Hearing: 10/26

ATTACHMENT I
Option C Feasibility Analysis
3 FINDINGS FOR ALTERNATIVES

For this analysis, staff is proposing to incorporate the proposed alternatives into an optional ordinance, referred to in the analysis as "Option C (Industry Standards)” and are herein referred to as the “Project” for the purposes of the feasibility analysis presented in this report. Option C is proposed by members of the industrial development community and has several differences from Option B proposed by staff.

While the Option B feasibility analysis is contained in a separate report, since many of the changes (from MOA measures) in Option C are identical to Option B, a reference to the Option B analysis is provided in sections where the changes were identical. The MOA standards (original MOA Exhibit A language) are considered Option A and are not analyzed as they would accept all of the MOA measures and would not require an alternative.

MOA# 2 Heavy Equipment6:

MOA Original Language (Option A) Proposed Alternative (Option C) All off-road construction equipment, with
a power rating of less than 19 kilowatts
(e.g., plate compactors, pressure
washers, shall be electric-powered.

The use of electric-powered, battery-
powered, natural gas, or hybrid
Language shortened and simplified for
clarity. Removed the CARB option as it is
unclear what those standards may be as
there does not appear to be a set list to
pull from. Staff will continue to consider
should a CARB list of requirements or
options be established by working

ATTACHMENT I
Option C Feasibility Analysis
4 construction equipment and vehicles are
required during construction if
commercially available meeting the
highest rated California Air Resources
Board (CARB) Tier technology available
at the time of construction may be used.

Subject to all other idling restrictions, off-
road diesel-powered construction
equipment shall not be left in the “on
position” for more than 10 hours per day
professionals or the CARB itself.

Added to Construction Permit Approval
section of new code.

Per discussions with contractors (Teichert
and Knife River), they are not aware of
any large construction equipment, like an
electric scraper being available in the
market today.

Feasibility
Per discussions with contractors (Teichert and Knife River), they are not aware of any large construction equipment, like an electric scraper, being available in the market today. Language removed the CARB option as it is unclear what those standards may be as there does not appear to be a set list to pull from. The developers anticipate significant increases in cost for all electric equipment that is currently available for use in addition to the onsite availability to charge this equipment during the initial construction stages. In addition, since some of the technology may not be readily available, securing equipment to comply with the requirement could lead to delays in construction and securing a tenant due to equipment delays and shortages.

Alternative Standards Proposed
Option C changed the original MOA measure to the use of current state requirements for all logistic warehouses.

Reduction of Environmental Impacts
The proposed standard is consistent with State, local, and best management practices and will automatically correspond with changes in minimum building requirements (CAL Green) and air quality standards adopted by the state, consistent with State Carbon Neutrality objectives. These standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing greenhouse gases.

MOA# 7 Paint Coating:

MOA Original Language (Option A) Proposed Alternative (Option C) All architectural and industrial
maintenance coatings (e.g., paints)
applied on site shall be consistent with a
VOC content of <10 g/L. Developer or
tenant is not expected to exercise control
over materials painted offsite by a third
party.

Same position as Option B. Architectural
and industrial coatings (e.g., paints)
applied on the qualifying facility(ies) shall
be consistent with the Volatile Organic
Compound (VOC) content limits set by
the San Joaquin Valley Air Pollution
Control District (SJVAPCD) or the current
edition of the California Green Building
Standards Code (CALGreen), whichever
803

ATTACHMENT I
Option C Feasibility Analysis
5 is most restrictive. Developer or tenant is
not required to exercise control over
materials painted offsite.

Analysis:

Same analysis as Option B.

MOA# 10 Building Standards:

MOA Original Language (Option A) Proposed Alternative (Option C) Qualifying facilities shall be constructed in
compliance with the most current edition
of all adopted City building codes,
including the adopted Green Building
Standards Code. Prior to the issuance of
building permits, the applicant/developer
of the qualifying facility(ies) shall
demonstrate (e.g., provide building plans)
that the proposed buildings are designed
and will be built to, at a minimum, meet
the Tier 2 advanced energy efficiency
requirements of the Nonresidential
Voluntary Standards of the California
Green Building Standards code, Divisions
A5.1, A5.2 and A5.5, Energy Efficiency as
outlined under Section A5.203.1.2.

Qualifying facilities shall be constructed in
compliance with the most current edition
of all adopted City building codes,
including the adopted Green Building
Standards Code. Prior to the issuance of
building permits, the applicant/developer
of the qualifying facility(ies) shall
demonstrate (e.g., provide building plans)
that the proposed buildings are designed
and will be built.

Analysis:

Feasibility
Same analysis as Option B.

Alternative Standards Proposed
Option C changed the original MOA measure to the use of current state requirements for all logistic warehouses.

Reduction of Environmental Impacts
The proposed standard is consistent with state, local, and best management practices and will automatically correspond with changes in minimum building requirements (CAL Green) adopted by the State, consistent with State Carbon Neutrality objectives. These standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing greenhouse gases.

804

ATTACHMENT I
Option C Feasibility Analysis
6 MOA #11 Loading Docks:

MOA Original Language (Option A) Proposed Alternative (Option C) Qualifying facilities and their associated
loading docks must be located no closer
than 300 feet from sensitive receptors,
and the City staff should consider the
public health and safety benefits of
requiring a larger buffer, up to 1,000 ft. All
such setbacks will be measured from the
loading dock or any building edge,
whichever is closer to the property line of
any nearby sensitive receptors using the
straight-line method. The setbacks and
buffers required in this ordinance shall
prevail over any less-stringent standards
in the City’s Development Code.

The building and auto parking can be
located within the 300-foot distance. A
sensitive receptor shall be defined as
schools, health care facilities, libraries,
churches, correctional facilities,
parks/recreational facilities, in home
daycare, health facilities (hospitals, long
term care facilities, retirement and
nursing homes) or more than two directly
contiguous residential units.

Analysis:

Feasibility
Same analysis as Option B.

Alternative Standards Proposed
Option C includes the 300-foot setback for truck dock loading similar to MOA A; however, it does not include the enhanced building setback.

Reduction of Environmental Impacts
The proposed standard is consistent with State, local, and best management practices.

805

ATTACHMENT I
Option C Feasibility Analysis
7 MOA# 12 Landscaped Buffer:

MOA Original Language (Option A) Proposed Alternative (Option C) Qualifying facilities must include an onsite
landscape buffer, measured from the
property line of all adjacent sensitive
receptors. The width of the buffer shall be
proportionate to the height of the
warehouse building with specified
minimums as set forth below unless
infeasible. Landscaping shall be installed
at the periphery of the qualifying
facility(ies) site along adjacent rights of
way and the landscaping buffer area shall
not include the right of way itself.

The buffer shall be landscaped, and not
be less than 50% of the total buffer size
with two rows of 15-gallon trees planted
along the length of the property line
adjacent to the sensitive receptor.

The buffer landscape can include areas
to be used for bioswales,
retention/detention areas and/or other
stormwater and water quality
management areas in compliance with
SMC Section 16.56 (Landscaping).

The buffer area shall include a minimum
10-foot solid decorative wall(s), or
landscaped berm and wall, or landscaped
berm adjacent to sensitive receptors
unless a noise analysis indicates an
alternative height is needed for sound
attenuation.

All on and off-site landscaping shall
comply with SMC Chapter 16.56
(Landscaping).

All landscaping shall be drought tolerant
and, to the extent feasible, comprised of
species with low biogenic emissions.

Palm trees shall not be utilized.

All landscaping areas shall be properly
irrigated for the life of the facility to allow
for plants and trees to maintain growth
with no undue pruning.

Tree maintenance shall comply with SMC
Section 16.56 as a certified Landscape
Architect must prepare the Preliminary
and Final Landscape plan and certify the
planting is water efficient at the time of
construction permit approval.

Trees shall be installed in automobile
parking areas to provide at least 35%
shade cover of passenger vehicular
parking areas within fifteen years. Trees
shall be planted that can meet this
806

ATTACHMENT I
Option C Feasibility Analysis
8 permitted by city codes, policies, and
regulations.
c) Trees shall be used as part of the
solid screen buffering treatment. Trees
used for this purpose shall be
evergreen, drought tolerant, and shall
be spaced in two rows along the
length of the buffer, with trees in each
row offset, and each tree no greater
than 15 feet on center. Spacing up to
20 feet may be allowed if wide canopy
trees are used sufficient to create wall
of vegetation that filters warehouse
pollution. The property owner, tenant,
operator, and any successors in
interest shall maintain these trees for
the duration of ownership, ensuring
any unhealthy or dead trees are
replaced with a similar tree as soon as
possible.
d) All landscaping shall be drought
tolerant, and to the extent feasible,
species with low biogenic emissions.

requirement. The 35% shade trees
amount can be substituted for solar
canopy upon approval by the Director.

Analysis:

Feasibility
Same analysis as Option B.

Alternative Standards Proposed
Consistent with examples provided by the State Attorney’s Office and other cities within the state, a 20-foot landscape buffer is proposed. A minimum 10-foot sound wall is also proposed unless a noise analysis indicates a taller wall is needed to bring noise levels into compliance with nighttime and daytime standards. In addition, staff added an alternative based on other city examples. That addition requires that trees be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within fifteen years. Trees shall be planted that can meet this requirement; however, parking area trees could be substituted for solar canopies to help provide shade and energy efficiency consistent with current practices in the state.

807

ATTACHMENT I
Option C Feasibility Analysis
9 Reduction of Environmental Impacts
The proposed alternative measure will provide environmental enhancements similar to the MOA standards in regard to landscape and sound wall which will be added and will exceed current local standards. The measure also goes beyond Option A with specific tree types and landscape materials. The increase in landscaping will provide a larger and enhanced buffer between operational uses and the adjacent receptors that will mitigate noise, visual, and potential odor impacts from the facilities.

MOA# 13: Solar, Battery Energy System:

MOA Original Language (Option A) Proposed Alternative (Option C) Solar Power/Battery Energy Storage
Systems:
a) The building permit application for
qualifying facilities must demonstrate
sufficient solar panels to provide power
for the operation’s base power use at the
start of operations and as base power
use demand increases. The application
shall include analysis of plans to meet (a)
projected power requirements at the start
of operations and as base power demand
increases corresponding to the
implementation of the “clean fleet”
requirements, and (b) generating capacity
of the solar installation.
a) The photovoltaic system(s) shall
include a battery energy storage system
to serve the qualifying facility(ies) in the
event of a power outage to the extent
required by the most current edition of the
California Building Standards Code.
b) Stockton’s Community
Development Department (CDD) shall
verify the size and scope of the solar
project based upon the analysis of the
projected power requirements and
generating capacity as well as the
available solar panel installation space.
c) In the event sufficient space is not
available on the subject lot to
accommodate the needed number of
solar panels to produce the operation’s
base or anticipated power use, the
applicant of the qualifying facility(ies)
shall demonstrate how all available space
Each developer of an individual specific
development proposal shall prepare the
subject building structures in such a way
to accommodate future solar panels
pursuant to applicable Building Code
requirements.

The building permit application for
qualifying facilities must demonstrate that
sufficient power will be provided from
clean energy sources for the operational
base power use at the start of operations.

Developers shall have the following
options, or any combination of options, for
procuring clean energy to meet
operational base power needs for new
building structures. Options may include
1) installing solar panels on the subject
building or building site, and/or 2)
procuring 100% clean energy from AVA
Community Energy, and/or 3)
participating in California’s Community
Solar Program.

ATTACHMENT I
Option C Feasibility Analysis
10 has been maximized (e.g., roof, parking
areas, etc.) for photovoltaic and battery
energy storage system use. Areas which
provide truck movement may be excluded
from these calculations unless otherwise
deemed acceptable by the supplied
reports and applicable building standards.
d) The owners, operators or tenants,
or qualified solar system contractor
engaged by the developer or tenant, shall
install the system when the City has
approved building permits and the
necessary equipment has arrived. The
tenant/operator of the qualifying
facility(ies) shall commence operation of
the system only when it has received
permission to operate from the utility. The
photovoltaic system owner shall be
responsible for maintaining the system(s)
at not less than 80% of the rated power
for 20 years. At the end of the 20-year
period, the owners, operators, or tenants
shall install a new photovoltaic system
meeting the capacity and operational
requirements of this measure, or continue
to maintain the existing system, for the
life of the qualifying facility(ies).
vehicle supply equipment required by
CalGreen code. Loads for all ordinary
operational uses of the site exclude, as
non-exhaustive examples, loads for
specialized equipment, non-standard
automation or material handling systems,
and chargers for heavy-duty trucks.

The office portion of a building’s rooftop
that is not covered with solar panels or
other utilities shall be constructed with
light colored roofing material with a solar
reflective index of not less than 78.

Electrical Room Sizing. To ensure that
warehouse electrical rooms are
sufficiently sized to accommodate the
potential need for additional electrical
panels, either a secondary electrical room
shall be provided in the building, or the
primary electrical room shall be sized
25% larger than is required to satisfy the
service requirements of the building or
the electrical gear shall be installed with
the initial construction with 25% excess
demand capacity.

Warehouse Dock Seal Doors. Exterior
loading dock doors that are adjacent to
conditioned or indirectly conditioned
spaces shall have dock seals or dock
shelters installed at the time of permitting.

Onsite Equipment Infrastructure. Project
should provide infrastructure to support
charging of electric power onsite
equipment.

Revised to define base power and add
option for when “clean” energy sources
are available. Removed the compliance
provisions as the City will rely on the state
and responsible agencies to direct staff to
best practices in common usage and
changes to state law. Added to Building
Design section of new code.

809

ATTACHMENT I
Option C Feasibility Analysis
11 Analysis:

Feasibility
Same analysis as Option B.

Alternative Standards Proposed
Option C is very similar to Option B; however, it provides more options for providing that base power though the use of solar, clean energy and other means. The solar and battery requirement remain as staff has added a definition of what “base power” is as it was lacking from the original standards and is not a definition commonly used in planning and building profession. In addition, staff is proposing an option for the use of “clean” energy sources as an alternative to installing solar equipment when they become available for use in projects. Staff is proposing to remove the monitoring component for the upgrades and will rely on changes to state law or projects specific reviews.

Reduction of Environmental Impacts
The proposed alternative will still result in positive environmental effects on the environment, there are simply more options being provided for the industry to have greater flexibility to determine what is best for their individual project. While energy efficiency is not a required impact under CEQA, it does influence climate change and the reduction of greenhouse gases. The proposed standard is consistent with state, local, and best management practices.

MOA# 14/17 EV Fleet and Monitoring

MOA Original Language (Option A) Proposed Alternative (Option C) #14- The lease agreement should include
requirements for sustainable business
practices, such as the use of trucks from
2014 or newer that transition to zero-
emission vehicles. Clean fleet standards
must be met by all other vehicles on-site.
(SEE MOA FOR FULL TEXT)
To facilitate the installation of future
electric vehicle charging stations for
heavy-heavy duty (HHD) trucks, in
connection with each individual
development proposal, the subject
building improvement plans shall identify
an area for future HHD truck charging
stations and the subject developer shall
install conduit from the power source to
the identified area.
#17- Facilities need to purchase electric
vehicles to comply with clean fleet rules.

Reports are due every two years until
requirements are met. Public hearings will
evaluate compliance. Annual reports are
required if requirements aren't met by
December 31, 2027. After achieving a
100% clean fleet, reports are due every
three years. Display signs prohibiting off-
site parking and truck idling. Report
Same position as Option B. No standard
is recommended since the California Air
Resources Board (CARB) is responsible
for regulating manufacturers of EV heavy
duty and medium duty vehicles and
enforcing state standards for electric
vehicle (EV) heavy duty and medium duty
fleet compliance requirements.
810

ATTACHMENT I
Option C Feasibility Analysis
12 complaints about dust, fumes, odors, and
parking to designated representatives
and the air pollution control district.

Complaints must be addressed within 72
hours. (SEE MOA FOR FULL TEXT)

#14/17 Analysis:

Same analysis as Option B.

MOA #15 EV Charging Facilities

MOA Original Language (Option A) Proposed Alternative (Option C) Electric charging facilities shall be
provided onsite sufficient to charge all
automobiles, and electric trucks
domiciled on the site.

Provide EV charging stations for automobiles
per building code and provide conduit to a
future designated area for Heavy Duty Truck
Charging Facility.

Analysis:

Feasibility
The development community has indicated it can be very difficult to assess at the time of building permits, how many extra EV spaces or capacity will be needed for future domiciled vehicle demands and if the initial estimate is lesser than demand, it could render future tenants in violation of this ordinance. This unknown would lead to increases in cost due to supplementing EV areas beyond the required parking areas in addition to construction costs for their maintenance.

Alternative Standards Proposed
Option C changed the original MOA measure to the use of current state requirements for all logistic warehouses. Since required parking areas will have EV parking spaces, it will be recommended that the facilities use those current spaces for domicile vehicle outside of normal business hours.

Reduction of Environmental Impacts
The proposed standard is consistent with state, local, and best management practices and will automatically correspond with changes in minimum building requirements (CAL Green) and air quality standards adopted by the state, consistent with State Carbon Neutrality objectives. These standards will lessen environmental impacts for all future projects and align with the state’s objectives on reducing greenhouse gases.

MOA# 18 Transport Refrigeration Units (TRUs):

MOA Original Language (Option A) Proposed Alternative (Option B) For qualifying facilities at which cold
storage and associated transport
refrigeration units (TRUs) are proposed or
Where transport by temperature-
controlled trucks or trailers is proposed,
on-site electrical hookups shall be
811

ATTACHMENT I
Option C Feasibility Analysis
13 may be a future use, unless the owner of
the facility records a covenant on the title
of the underlying property ensuring that
the property cannot be used to provide
cold storage, a conduit shall be installed
during construction of the building shell
from the electrical room to 100% of the
loading dock doors that have potential to
serve the refrigerated space. If tenant
improvement building permits are issued
for any such cold storage space, electric
plug-in units shall be installed at every
dock door servicing the cold storage
space to allow TRUs to plug in and truck
operators a with TRUs shall be required
to utilize the electric plug-in units when at
loading docks serving such refrigerated
space.
provided at loading docks. Idling or use of
auxiliary truck engine power to power
climate-control equipment shall be
prohibited.

Analysis:

Same analysis as Option B.

MOA #25: (REMOVE) Development Agreement Monitoring

MOA Original Language (Option A) Proposed Alternative (Option C) Every development agreement, approved
and executed in conjunction with the
applicable warehouse, shall be subject to
periodic review of the
applicant’s/contracting party’s compliance
with the agreement, by the Commission,
during the full term of the agreement, as
specified in the agreement, but in no case
less frequently than once every 12
months as required per SMC 16.128.110
(Periodic Review). Appropriate fees to
cover the City’s cost(s) to conduct the
periodic reviews in compliance with the
Council’s fee resolution shall be collected
from the applicant/contracting party.

Same position as Option B. Annual
compliance reviews are already required
by State Law and the Development Code.

Analysis:

Same analysis as Option B.

812

ATTACHMENT I
Option C Feasibility Analysis
14 MOA #26: (REMOVE) Community Engagement

MOA Original Language (Option A) Proposed Alternative (Option C) A neighborhood meeting shall be required
for one or more discretionary permits for
qualifying facility(ies) application requiring
Council review. At the discretion of the
Director, a neighborhood meeting may be
required for other applications consistent
with SMC section 16.88.025
(Neighborhood Meetings).

Same position as Option B. Conflicts with
ministerial reviews and already required
for approvals requiring public hearings
and annexations.

Analysis:

Same analysis as Option B.

FINDING SUMMARY
The City finds that the Project would have the following environmental and economic benefits:

Feasibility Finding

 Most of the Option A standards have been maintained and included within Option B (discussed in a separate report) and Option C.
 Option A standards for 11, 12, 13, and 14 have been revised but maintain original components of the Option A request by the MOA. These revisions will exceed current practices and standards for regulating industrial warehouse design and operation.
 The remaining measures that do not implement the original MOA Option A standards are still consistent with state, local, and best management practices and will automatically correspond with changes in minimum building requirements (CAL Green) and air quality standards adopted by the state, consistent with State Carbon Neutrality objectives. This includes project reviews, applicable construction standards and practices, and monitoring from regional and state agencies.
 If the following MOA standards are applied, Industrial asking lease rates are projected to increase by 64.8 Percent.

Amount Percentage
Base Asking Lease Rate $0.71
MOA #10 – Open Space + 0.01 1.4
MOA #10 – Dock Seal Doors + 0.03 4.2
MOA #11 – 300’ Loading Dock Buffer land costs + 0.09 12.7 MOA #12 – 300’ Landscaped Buffer + 0.06 8.5
MOA #13 – Solar/Battery Costs + 0.27 38
Increased Asking Lease Rate ($/sq. ft./month) $1.17 64.8%

813

ATTACHMENT I
Option C Feasibility Analysis
15 Alternative Standards Finding

 The adjusted conditions will provide enhanced mitigation for future project review that will lead to greenhouse gas reduction via more energy efficient buildings. The Project includes enhanced designs standards that reduce future impacts from projects. The standards have been designed to be objective and applied to all applicable projects.
 The proposed standards are mor e agreeable to the development community as many of the original standards in the MOA included measures that were not quantifiable and had many unforeseen impacts as they involved enforcement of standards that have not been established by the state or its enforcement agencies.

Some of the standards not included in the Option B standards (#7,10,13, 14, 17) require the abundant use of technology that is not in common usage or monitoring that exceeds city staff resources and expertise or conflicts with interna l review or noticing processes.

Reduction of Environmental Impacts Finding

 Option C standards exceed the City’s current standards and will add enhanced design features to further mitigate future warehouse design and operations.  The proposed measures are consistent with many General Plan policies for environmental review, enhanced design standards, and balance requirements that do not adversely impact existing industries and property owners in the City.  The proposed standards are consistent with the p rovisions of the Municipal Code and do not conflict with other industrial and zoning standards and would supersede any conflicting measure as they are specific to logistic warehouses of a certain size.
 The adjusted conditions will provide enhanced mitiga tion for future project review that will lead to greenhouse gas reduction via more energy efficient buildings. The Project includes enhanced designs standards that reduce future impacts from projects. The standards have been designed to be objective and ap plied to all applicable projects.
 The State and Regional Agencies will continue to enforce stricter climate change requirements regarding air quality, water quality, and building standards. All future projects will have to comply with state and local air quality and climate standards.

This includes ministerial projects not subject to CEQA.  Absent adoption of the ordinance, ministerial projects would not be required to exceed minimum standards, therefore, these standards will lessen environmental impacts fo r all future projects and align with the state’s objectives on reducing greenhouse gases.

814
Resolution No.2O23-1O-26-O5O3

STOCKTON PLANNING COMMISSION

RESOLUTION RECOMMENDING THE CITY COUNCIL FIND NO FURTHER

ENVIRONMENTAL REVIEW IS REQUIRED AND ADOPT AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW

INDUSTRIAL WAREHOUSE DEVELOPMENT STANDARDS
In 2022, the City Council approved two agreements with the State of California Attorney General (AG) and the Sierra Club (respectively) to promote responsible industrial development. Per the agreements, a new industrial warehouse ordinance must be presented to the Council for their consideration by December 31, 2023, including new zoning standards for qualifying warehouse development over 100,000 square feet; and Since the City's current Development Code Overhaul may not meet the deadline, the proposed standards are being presented as a separate ordinance to be added to Title 16 of the Stockton Municipal Code; and
The Planning Commission conducted study sessions on the matter on August 10th, August 24th, September 28th, and October 12th. In addition to the study session, a Planning Commission Ad Hoc Committee was formed and met weekly to discuss the standards while staff conducted over twenty meetings with industry and environmental advisors, residents, stakeholders, cities in the state with similar ordinances, and numerous consultants working on this issue throughout the state; and At the conclusion of the October 12th study session, the Commission directed staff to prepare options so that it could consider and make a recommendation to Council; and On October 26, 2023, the Planning Commission held a duly noticed public hearing, pursuant to Stockton Municipal Code (SMC) Section 16.116.040(0), to consider the proposed Amendments, at which all times all interested parties had the opportunity to be heard. At the conclusion of the meeting, the Commission expressed their preference for recommending the City Council adopt Attachment ji_ (Option Q; now, therefore,

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

1. Pursuant to SMC Section 16.116.050(8), the Planning Commission makes the following Mandatory Findings of Fact for the Development Code Amendments:
a. Finding #1: The proposed amendment ensures and maintains internal consistency with general land uses, objectives, policies, programs, and actions of all elements of the General Plan on balance and would not create any inconsistencies with this Development Code.

ATTACHMENT J
815
Evidence: The proposed amendments to Title 16 are needed for consistency with General Plan policies to provide enhanced development measures to mitigate potential environmental impacts from future projects. These amendments are internally consistent with all policy and supportive regulatory documents. b. Finding #2: The proposed amendment will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the City.

Evidence: The proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061 (b)(3), (Common Sense Exemption) and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan).

For Section 15061(b)(3) Exemption (General Rule "Common Sense'J CEQA requires the analysis of agency approvals for discretionary actions that could lead to a direct or indirect physical change in the environment. The proposed Project involves discretionary amendments to the Stockton Municipal Code (SMC) but is exempt from CEQA review as it would not significantly impact the environment. The zoning code amendments would amend the City's zoning standards to add enhanced development standards to logistic warehouses. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. The Project is exempt from CEQA because it would not significantly affect the environment.

ATTACHMENT J
816
warehouses. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GPEIR. Therefore, no additional environmental review is required per CEQA Guidelines section 15183 (Consistency with General Plan or Community Plan).
d. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

2. The Planning Commission herby approves a Resolution recommending the City Council adopt an Ordinance amending Title 16 of the Stockton Development Code (Exhibit 1), based on the findings and evidence detailed above.

PASSED, APPROVED, and ADOPTED __ O=-c=-=t=ob=-=e:....:...r-=2..:::...6,L....::2=-=0=2..:::...3 __ ATTEST:

MltaHAEt MCD�WELL, SECRETARY
City of Stockton Planning Commission

WAQAR IZVI, CHAIR
City of Stockton Planning

ATTACHMENT J
817
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE TO ESTABLISH NEW INDUSTRIAL WAREHOUSE DEVELOPMENT STANDARDS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON AS FOLLOWS:

3. Finding #3: The proposed amendment complies with the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

For Section 15061(b)(3) Exemption (General Rule “Common Sense”) CEQA requires the analysis of agency approvals for discretionary actions that

ATTACHMENT J
818
could lead to a direct or indirect physical change in the environment. The proposed Project involves discretionary amendments to the Stockton Municipal Code (SMC) but is exempt from CEQA review as it would not significantly impact the environment. The zoning code amendments would amend the City’s zoning standards to add enhanced development standards to logistic warehouses.

For Section 15183 (General Plan Consistency) Exemption
The General Plan Environmental Impact Report (GPEIR) was prepared and certified by the City Council as part of the Envision Stockton 2040 General Plan process (SCH# 2017052062). The proposed code amendments would amend the City’s zoning standards to add enhanced development standards to logistic warehouses. These amendments are consistent with General Plan policies to enhance project reviews, environmental protections, and balance changes to encourage a strong industrial and goods movement market. The amendment would not result in a physical change to the environment as future projects would be reviewed on a case-by-case basis for this consistency to Federal, State, General Plan, zoning, and developmental standards. No potential new impacts related to the Project have been identified that would necessitate further environmental review beyond the impacts and issues already disclosed and analyzed in the GPEIR. Therefore, no additional environmental review is required per CEQA Guidelines section 15183 (Consistency with General Plan or Community Plan).

4. Finding #4 (Development Code Amendments): The proposed amendment would be internally consistent with other applicable provisions of this Development Code.

SECTION II: AMENDMENT OF CODE

ATTACHMENT J
819
Title 16, Chapter 16.80 (Standards for Specific Land Uses) of the Stockton Municipal Code (SMC) is amended to add a new Section 16.80.390 (Logistic Warehouses) to read, as follows:

16.80.390 Industrial Warehouse Standards
This section establishes standards for logistic warehouses in zoning districts where they are allowed in compliance with the provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A. Applicability. The standards will apply to the following applications:

1. These standards shall apply to logistic warehouses 100,000 square feet in size or greater.

B. Development Standards.

1. Site Plan Design. The following standards shall apply to all entitlement reviews (site plan), grading and improvement plans, and construction permit reviews associated with facilities subject to the Logistic Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. Cool Surfaces. Cool surface treatments shall be added to all drive aisles and parking areas, or such areas shall be constructed with a solar reflective cool pavement such as concrete or other materials used in common construction practices.
b. Unless determined to be physically infeasible, when adjacent to sensitive receptors, a loading dock door shall be oriented away from the sensitive receptor and located a distance of 300-foot feet from said receptor, unless the dock doors are utilized by zero emission trucks and equipment only. The building and auto parking can be located within the 300-foot distance.
c. A 20-foot landscaped planter shall be install along the property line and the receptor buffer.
d. The buffer shall be landscaped not be less than 50 percent of the total buffer size with two rows of 15-gallon trees planted along the length of the entire buffer.
e. The buffer landscape can include areas to be used for bioswales, retention/detention areas and/or other stormwater and water quality management areas in compliance with SMC Section 16.56 (Landscaping).
f. The buffer area shall include a minimum 10-foot solid decorative wall(s), or landscaped berm and wall, or landscaped berm adjacent to sensitive receptors unless a noise analysis indicates an alternative height is needed for sound attenuation.
g. All on and off-site landscaping shall comply with SMC Chapter

16.56 (Landscaping).

ATTACHMENT J
820
h. All landscaping shall be drought tolerant and, to the extent feasible, comprised of species with low biogenic emissions. Palm trees shall not be utilized.
i. All landscaping areas shall be properly irrigated for the life of the facility to allow for plants and trees to maintain growth with no undue pruning.
j. Tree maintenance shall comply with SMC Section 16.56 as a certified Landscape Architect must prepare the Preliminary and Final Landscape plan and certify the planting is water efficient at the time of construction permit approval.
k. Trees shall be installed in automobile parking areas to provide at least 35% shade cover of passenger vehicular parking areas within fifteen years. Trees shall be planted that can meet this requirement.
l. To facilitate the installation of future electric vehicle charging stations for heavy-heavy duty (HHD) trucks, in connection with each individual development proposal, the subject building improvement plans shall identify an area for future HHD truck charging stations and the subject developer shall install conduit from the power source to the identified area.
m. Provide EV charging stations for automobiles per building code and provide conduit to a future designated area for Heavy Duty Turck Charging Facility.
n. All truck turning movements at entrances, exits, and street intersections shall be located on local industrial, collector or arterial streets and all vehicle entries shall be designed to prevent truck access to local and back-up residential collector streets. o. All trucks and commercial vehicles serving the facility shall occur in compliance with the City of Stockton Truck Traffic Route Map in SMC 10.08.030 and Surface Transportation Assistance Act (STAA) Truck Route Map.
p. Off-street loading shall comply with Section 16.64.110 Off-street loading space standards.
q. Signs shall be posted inside and outside of the building and facility indicating all off-site parking is prohibited for adjacent street that do not permit parking.
r. All truck driveway exits shall include signs directing truck drivers to the truck routes identified in the City of Stockton Truck Traffic Route Map and State Highway System designations.
s. Upon commencement of operations, the tenant/operator of the facility shall be required to restrict truck idling on site to a maximum of three (3) minutes, subject to exceptions defined by CARB’s commercial vehicle idling requirements.

2. Building Design. The following standards shall apply to all entitlement reviews (design review), grading and improvement plans, and construction

ATTACHMENT J
821
permit reviews associated with facilities subject to the Logistic Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. Architectural and industrial coatings (e.g. paints) applied on the qualifying facility(ies) shall be consistent with the Volatile Organic Compound (VOC) content limits set by the San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen),
whichever is most restrictive. Developer or tenant is not required to exercise control over materials painted offsite.
b. Qualifying facilities shall be constructed in compliance with the most current edition of all adopted City building codes, including the adopted Green Building Standards Code. Prior to the issuance of building permits, the applicant/developer of the qualifying facility(ies) shall demonstrate (e.g., provide building plans) that the proposed buildings are designed and will be built. c. Each developer of an individual specific development proposal shall prepare the subject building structures in such a way to accommodate future solar panels pursuant to applicable Building Code requirements.
d. The office portion of a building’s rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index of not less than 78.
e. As soon as reasonably practicable, after the State of California allows formal submittal of applications tied to the California’s Community Solar Program, each developer shall apply for entry into California’s Community Solar Program and provide evidence to the Community Development Director of such submittal. If allowed by law, after the Community Solar program sells 51% of its power to low-income residents in Stockton, the building owner or solar producer may allocate a percentage of the building’s remaining Community Solar power to occupants of the subject buildings. If the formal submittal is denied by the State of California, one additional good faith effort to re-apply shall be attempted. If accepted or denied twice, this measure is considered satisfied as it relates to California’s Community Solar program.
f. The developer shall include a provision in each lease that requires tenants to purchase clean power from East Bay
Community Energy.
g. Electrical Room Sizing. To ensure that warehouse electrical rooms are sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room

ATTACHMENT J
822
shall be sized 25% larger than is required to satisfy the service requirements of the building or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.
h. Warehouse Dock Seal Doors. Exterior loading dock doors that are adjacent to conditioned or indirectly conditioned spaces shall have dock seals or dock shelters installed at the time of permitting. (CALGreen Tier 2)
i. Onsite Equipment Infrastructure. Project should provide infrastructure to support charging of electric power onsite equipment.
j. Demonstration of compliance with the San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 9510 (Indirect Source Review) is required prior to obtaining any building permit for a qualifying facility.
k. Property owner shall provide facility operator with information on incentive programs such as the Carl Moyer Program and voucher incentive program and shall require all facility operators to enroll in the United States Environmental Protection Agency's
SmartWay Program.

3. Construction Permit Approval. The following standards shall apply to all construction related activity associated with facilities subject to the Logistic Warehouse standards. A copy of these standards shall be included on the approved (issued) construction plan and kept on-site during all phases of construction.
a. Qualifying facilities shall comply with the San Joaquin Valley Air Pollution Control District (SJVAPCD) requirements prior to beginning construction.
b. All off-road construction equipment, with a power rating of less than 19 kilowatts (e.g., plate compactors, pressure washers, shall be electric-powered.
c. Subject to all other idling restrictions, off-road diesel-powered construction equipment shall not be left in the “on position” for more than 10 hours per day.
d. Temporary electrical hookups to all construction yards and associated work areas shall be required.
e. Temporary signage shall be posted throughout the construction site indicating truck idling lasting more than five (5) minutes is prohibited. The signs shall include all idling and restrictions in additional to contact information for the San Joaquin Valley Air Pollution Control District’s for those interested in filing a complaint.
f. The construction contractor(s) shall maintain on the construction site an inventory of construction equipment, maintenance records,

ATTACHMENT J
823
and datasheets, including design specifications and emission control tier classifications.
g. The facilities shall require the construction contractor to establish one or more locations for food or catering truck service to construction workers and to cooperate with food service providers to provide consistent food service.
h. The facilities shall require the construction contractor to provide transit and ridesharing information for construction workers.

C. On-Going Operations: The following standards shall be implemented during all on-going business.

3. Consistent with the General Plan, a Traffic Demand transportation demand management program (TDM) to indicate truck movement and parking consistent with state and local standards.

4. Employers shall provide employees with transit route and schedule information on systems serving the facility area and coordinate ridesharing amongst employees.

5. Employers shall provide on-site locations for food or catering truck service and cooperate with food service providers to accommodate food service to operations employees.

6. All outdoor areas allowing smoking shall be located at least 25 feet from the nearest property line.

7. All trucks, supportive vehicles and equipment shall be kept onsite in all loading, storage, and parking areas, and kept behind locked gates during nonbusiness hours.

8. Truck queuing, idling, or circling of vehicles, onsite or on public streets adjacent to the facility is prohibited.

9. Periodic yard and parking area sweeping shall be provided to minimize dust generation.

10. Diesel Generators are prohibited, except in emergency situations and during construction when establishing the facility’s new electrical service connection. In those temporary cases, all generators shall have Best Available Control Technology (BACT) that meets CARB’s Tier 4 emission standards.

SECTION III. SEVERABILITY

ATTACHMENT J
824
If any part of this Ordinance is held invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of this Ordinance if such invalid portion thereof had been deleted.

SECTION IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED:

EFFECTIVE:

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

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

ATTACHMENT J
825
From: Jonathan Pruitt
To: Matt Diaz; Michael McDowell; Stephanie Ocasio; Tristan Osborn Cc: patricia barrett; Margo Praus; Alicia Valenzuela; Esperanza Vielma; Ector Olivares; Gloria Alonso; Eliza Garza; Eric Parfrey
Subject: Re: Our Option D for the Stockton Warehouse Ordinance update Date: Tuesday, November 28, 2023 9:30:40 PM
Attachments: Stockton Warehouse Ordinance Comparison Table with Option D_updated_ (1).pdf Stockton Warehouse Ordinance Update Option D Recommendation_.pdf CAUTION: This email originated from outside the City of Stockton. Do not click any links or open attachments if this is unsolicited email.

Hello again!
I wanted to share an updated version of the previous documents I shared with you in the email chain. The updated ones provide clarity on what Option D is which are attached below.

For clarity, Option D covers the measures we’d like to see amended (#10 - 11, 13 - 15) from the comparison table. We are okay with measure #s 0 - 9, 12, 16 - 24 as stated in Option B.

We ask if we can have this included in your staff report and as an attachment for the specific agenda item.

Thank you,
Jonathan Alexander Pruitt
On Tue, Nov 28, 2023 at 4:56ௗPM Jonathan Pruitt <[email protected]> wrote:

Hello all!
I realized that we haven't officially shared the Stockton EJ Coalition's Option D with City Staff. Attached are our Option D recommendation documents. It would be great if this was incorporated as part of the agenda item attachments and part of the staff report.

Thank you,
Jonathan Alexander Pruitt
Master's in Public Health Candidate
Johns Hopkins University
[email protected]
Attachment K
826
Stockton Warehouse Ordinance Update
Stockton Environmental Justice Coalition Recommendation (OPTION D) Below is the Stockton Environmental Justice Coalition’s recommendation for Stockton Warehouse Ordinance Update, referred to as Option D. Option D covers the measures we’d like to see amended (#10 - 11, 13 - 15). We are okay with measure #s 0 - 9, 12, 16 - 24 as stated in Option B.

Measures:
#10 Building
Standards
Recommended amendment language: Logistic warehouses 250,000 square feet and greater shall meet the Tier 1 energy efficient standards of the CALGreen Code Divisions A5.1, A5.2, and A5.5.

Justification: Tier 1 for warehouses 250,000 sq feet and greater is a good medium compared to Option B.
#11
Setbacks
Recommended amendment language: Building Setbacks: 2:1 ratio of building setback to building height. Loading Dock Setback: When adjacent to sensitive receptors, a 300-foot buffer shall separate all truck loading docks . Loading docks shall be oriented away from nearby sensitive receptors. Loading docks, truck entries, and truck drive aisles shall not abut adjacent sensitive receptors.

Justification: In all three options, A, B, and C, what is missing are the truck entries and truck drive aisles (the aisles for the trucks to take when on the lot). The City of Fontana (a city that the City of Stockton has relied on as an advisor to this warehouse ordinance update process) is updating its own warehouse ordinance on setbacks where there are no contingencies to orienting loading docks, truck drive aisles, and truck entries next to sensitive receptors. Refer to their planning commission resolution (also screenshot below). The City of Stockton staff’s option B for the setbacks states: “Loading Dock Setback: Unless determined to be physically infeasible, when adjacent to sensitive receptors, a 300-foot buffer shall separate all truck loading docks unless the areas within the 300-foot buffer utilize zero-emission trucks and equipment.” However, the City of Fontana has actually recognized that it is physically and feasibly possible to provide setbacks away from sensitive receptors. Therefore, the City of Stockton should follow and not place contingencies on the setback.

City of Stockton’s Option B language:
(Compared to)
City of Fontana’s Setback language
Attachment K
827
#13 Solar Recommended amendment language:

All facilities shall be designed to accommodate enough space for all solar panels and batteries.

On buildings over 250,000 square feet and greater, prior to issuance of a business license, the City shall ensure solar panels are installed and operated in such a manner that they will supply 100% of the power needed to operate all non-refrigerated portions of the facility including the parking areas.

Operational base power is defined as the amount of power required to supply loads for all ordinary operational uses of the site. Loads for all ordinary operational uses of the site includes, as non-exhaustive examples, loads for minimal heating for fire sprinklers, primary office space lighting, HVAC, warehouse power, warehouse lighting, site lighting, minimum power for dock positions (including chargers for yard equipment, and any plug-ins for transport refrigeration units), and the amount of light-duty electric vehicle supply equipment required by CalGreen. Loads for all ordinary operational uses of the site exclude, as non-exhaustive examples, loads for specialized equipment, non-standard automation or material handling systems, and chargers for heavy-duty trucks.

The energy storage systems shall have enough battery capacity for 48 hours to serve the photovoltaic system in the event of a blackout. Augmented by green energy (PG&E and/or East Bay Community Energy)
The solar system installation should be done by owners, operators, tenants, or a qualified solar system contractor. Operation should begin after receiving permission from the utility.

The owner is responsible for maintaining the system at 80% of rated power for 20 years.

After 20 years, install a new system or maintain the existing one for the life of the facility.

Justification: The City of Fontana has an ordinance that ensures that solar panels are installed and operated to supply 100% of the power of the facility. Here’s the direct link to the ordinance.

Attachment K
828
#14 EV
Fleets
Recommended amendment language:

Add to Option B Ordinance the following Option A requirements with underlined change
C. On-Going Operations: The following standards shall be implemented during all on-going business.

2. All facilities shall maintain a zero emission vehicles/trucks required to meet the "clean fleet" requirements above as set forth by the California Air Resources Board’s “Advanced Clean Fleets” rule adopted in April 2023. The rule requires Electric Vehicle (EV) fleets in accordance with the following schedule:
- 20% of medium-duty fleet electric by 2025
- 50% of heavy-duty (Class 8) fleet electric or ZEV by 2030 - 100% of all fleet electric or ZEV by 2040

4. The tenant/operator shall submit similar reports every two years thereafter until full compliance with the applicable clean fleet requirements is achieved.

7. Each subsequent on-going compliance report shall be due within 30 days of, but not later than, the three-year anniversary of the preceding due date.

8. Refrigeration Units: proposed cold storage and associated transport refrigerated units (TRUs) shall include electric plug-in units at loading docks serving such refrigerated space.

Justification:

Ensures installation of electric vehicle charging stations, especially for heavy-duty trucks while being conscious of market. Medium-duty and heavy-duty electric vehicles are commercially available through these sites https://californiahvip.org/vehicles/ and https://globaldrivetozero.org/tools/zeti/
2021 Catalog of EV availability Guide from SDG&E
https://www.sdge.com/sites/default/files/2021_sdge_electric_vehicle_availability_guide_1. pdf
ZEV grants are available today:
https://fleets.pge.com/
Attachment K
829
#15 Electric
Charging
Add to Option C (industry group)
Provide EV charging stations onsite sufficient to charge all for automobiles and electric trucks domiciled on the site per to meet the Tier 1 energy efficient standards of the CALGreen Code, and provide a conduit to a future designated area for Heavy Duty Truck Charging Facility. Conduit should be provided on the site to serve 50% of the number of truck docking stations. Location of conduit is at discretion of the developer (e.g., truck trailer parking spaces or docking stations).

Attachment K
830
Stockton Warehouse Ordinance Update
Stockton Environmental Justice Coalition Recommendation (OPTION D) BelowistheStocktonEnvironmentalJusticeCoalition’srecommendationforStocktonWarehouseOrdinanceUpdate,referredtoasOptionD.OptionDcoversthemeasureswe’dliketosee amended(#10-11,13-15).Weareokaywithmeasure#s0-9,12,16-24asstatedinOptionB.

OTHER -- ZONING CHANGE
The City shall amend the Stockton Municipal Code to require discretionary approval of all large warehouse projects. The Stockton Municipal Code (SMC) currently allows the construction of “Warehouses” and “Wholesaling and distribution” uses by right, with no requirement of a discretionary use permit with environmental review and public notice and hearings.

Section 16.20.020 of the SMC must be amended to require conditional use permit approval for all warehouse and distribution center uses over (250,000) square feet in size. Table 2.2 (“Allowable Land Uses and Permit Requirements”) in Sec.16.20.020 must be amended to show that “Warehouses” and “Wholesaling and distribution” uses shall be listed as “C” (conditional) not “P” (permitted by right) for the IL, IG, and PT zoning districts. See https://library.qcode.us/lib/stockton_ca/pub/municipal_code/item/title_16-division_2-chapter_16_20-16_20_020.

Measure
#
Option A- Proposed MOA Ordinance
Standards
Option B- Adjust MOA Ordinance Standards Option C- Proposed Industry Ordinance Standards
Option D - Proposed
Community EJ Standards
10 Allbuildingsshallbeconstructedconsistent
withtheCalifornia(CAL)GreenBuilding
Tier2StandardsEnergyEfficientStandard
Section5.1,5.2,5.5.

Logisticwarehouses400,000squarefeetandgreater
shallmeettheTier1energyefficientstandardsofthe
CALGreenCodeDivisionsA5.1,A5.2,andA5.5.

Qualifyingfacilitiesshallbeconstructedin
compliancewiththemostcurrenteditionofall
adoptedCitybuildingcodes,includingthe
adoptedGreenBuildingStandardsCode.

Priortotheissuanceofbuildingpermits,the
applicant/developerofthequalifying
facility(ies)shalldemonstrate(e.g.,provide
buildingplans)thattheproposedbuildings
aredesignedandwillbebuilt.

Logisticwarehouses250,000
squarefeetandgreatershall
meettheTier1energyefficient
standardsofthe CALGreenCode
DivisionsA5.1,A5.2,andA5.5.
11 Allloadingdocksshallbelocatedno
closerthan300feetfromallsensitive
receptorgroups.Thedistanceshallbe
measuredfromtheloadingdockorany
buildingedge,whicheverisclosertothe
propertylineofanynearbysensitive
receptordefinedasanyresidence,
includingprivatehomes,condominiums,
apartments,livingquarters,schools,
● BuildingSetbacks:2:1ratioofbuildingheightto
buildingsetback.
● LoadingDockSetback:

Unlessdeterminedtobephysicallyinfeasible
whenadjacenttosensitivereceptors,a300-foot
buffershallseparatealltruckloadingdocks
unlesstheareaswithinthe300-footbuffer
utilizezero-emissiontrucksandEquipment.
● Forthepurposesofdefiningreceptorsforthe
LoadingDockDoorSetback:

Unlessdeterminedtobe
physicallyinfeasible,whenadjacentto
sensitivereceptors,aloadingdockdoorshall
beorientedawayfromthesensitivereceptor
andlocatedadistanceof300-footfeetfrom
said
receptorunlessthedockdoorsareutilizedby
zero-emissiontrucksandequipmentonly.The
BuildingSetbacks:2:1ratioof
buildingsetbacktobuilding
height.Loadingdocks,truck
entries,andtruckdriveaisles
shallnotabutadjacentsensitive
receptors.LoadingDockSetback:

Whenadjacenttosensitive
receptors,a300-footbuffershall
separatealltruckloadingdocks.

Attachment K
831
preschools,daycarecenters,in-home
daycares,healthfacilitiessuchas
hospitals,longtermcarefacilities,
retirementandnursinghomes,community
centers,placesofworship,parks
(excludingtrails),prisons,and
dormitories.
300-footbufferrequirements,receptorsshall
includeallschools,healthcarefacilities,
libraries,churches,correctionalfacilities,
parks/recreationalfacilities,in-homedaycare,
healthfacilities(hospital,long-termcare
facilities,retirement,andnursinghomes),or
morethantwodirectlycontiguousresidential
units.
buildingandautoparkingcanbelocated
withinthe300-footdistance
Loadingdocksshallbeoriented
awayfromnearbysensitive
receptors.

Justification:TheCityofFontana
(acitythattheCityofStockton
hasrelieduponasanadvisorto
thiswarehouseordinanceupdate
process)isupdatingitsown
warehouseordinanceon
setbackswherethereareno
contingenciestoorientingloading
docks,truckdriveaisles,and
truckentriesnexttosensitive
receptors.Refertotheir planning
commissionresolution.TheCity
ofFontanahasactually
recognizedthatitisphysically
andfeasiblypossibletoprovide
setbacksawayfromsensitive
receptors.

CityofRiversidehasa800foot
setbackfor100ksqfeet
warehouse
12 ● Alllandscapingadjacentto
residentialorinstitutionzoning
designationsorusesshallinstallan
onsitelandscapebuffer.Thebuffer
shallextendthepropertyline
● A40-footlandscapedplanter(buffer)shallbe
installedalongthepropertylineadjacentto
sensitivereceptors.
● Thelandscapeplantershallincludetworowsof
15-gallontreesplantedalongthelengthofthe
OptionB,lastbullet:Useofconcreteinareas
thatcanbeasphaltwillhavesignificantcost
implications.Thesecondtolastbullet(shade
treesinparkingareas)willmitigateheat
islands.

OkaywithaddingOptionC
recommendationforMeasure12
buthavingOptionAthebase.

Attachment K
832
abuttingthosedesignationsand
usesandbesizedata2:1ratiofor
theclosestwarehouse
building(s)–foreveryone(1)footof
buildingheight,thebuffershallbe
two(2)footminimumunless
approvedbytheDirectorifthe
depthisinfeasible.Thebuffershall
belandscapednotbelessthan50
percentofthetotalbuffersize,with
tworowsof15-gallontreesplanted
alongthelengthoftheentirebuffer.
● Thebufferlandscapecaninclude
areastobeusedforbioswales,
retention/detentionareas,and/or
otherstormwaterandwaterquality
managementareasincompliance
withSMCSection16.56
(Landscaping).
● Thebufferareashallincludea
minimum14-footsoliddecorative
wall(s),orlandscapedbermand
wall,orlandscapedbermadjacent
tosensitivereceptorsunlessa
noiseanalysisindicatesan
alternativeheightisneededfor
soundattenuation.
● Allonandoff-sitelandscapingshall
complywithSMCChapter16.56
(Landscaping).
● Alllandscapingshallbedrought
tolerantand,totheextentfeasible,
comprisedofspecieswithlow
biogenicemissions.Palmtrees
shallnotbeutilized.
● Alllandscapingareasshallbe
properlyirrigatedforthelifeofthe
facilitytoallowforplantsandtrees
tomaintaingrowthwithnoundue
pruning.
● Treemaintenanceshallcomplywith
SMCSection16.56asacertified
LandscapeArchitectmustprepare
thePreliminaryandFinal
Landscapeplanandcertifythe
plantingiswaterefficientatthetime
ofconstructionpermitapproval.
landscapebuffer.
● Thebufferlandscapecanincludeareastobe
usedforbioswales,retention/detentionareas,
and/orotherstormwaterandwaterquality
managementareasincompliancewithSMC
Section16.56(Landscaping).
● Thebufferareashallincludeaminimum10-foot
soliddecorativewall(s),orlandscapedberm
andwall,orlandscapedbermadjacentto
sensitivereceptorsunlessanoiseanalysis
indicatesanalternativeheightisneededfor
soundattenuation.
● Allonandoff-sitelandscapingshallcomplywith
SMCChapter16.56(Landscaping).
● Alllandscapingshallbedroughttolerantand,to
theextentfeasible,comprisedofspecieswith
lowbiogenicemissions.Palmtreesshallnotbe
utilized.
● Alllandscapingareasshallbeproperlyirrigated
forthelifeofthefacilitytoallowforplantsand
treestomaintaingrowthwithnounduepruning.
● TreemaintenanceshallcomplywithSMC
Section16.56asacertifiedLandscape
ArchitectmustpreparethePreliminaryand
FinalLandscapeplanandcertifytheplantingis
waterefficientatthetimeofconstructionpermit
approval.
● Treesshallbeinstalledinautomobileparking
areastoprovideatleast35%shadecoverof
passengervehicularparkingareaswithinfifteen
years.Treesshallbeplantedthatcanmeetthis
requirement.The35%shadetreesamountcan
besubstitutedforsolarcanopyuponapproval
bytheDirector.

Attachment K
833
13 ● Allbuildingsshallbeconstructed
withSolarPowerandEnergy
Systemslargeenoughto
accommodatethebuildingand
operation’sbasepoweruse
demandatthestartofoperation
andasthebasepowerdemand
increasestoaccommodatean
electricfleet.
● Theenergystoragesystemsshall
haveenoughbatterycapacityto
servethephotovoltaicsysteminthe
eventofablackout.
● Allfacilitiesshallbedesignedto
accommodateenoughspaceforall
solarpanelsandbatteries.
● Thesolarsysteminstallationshould
bedonebyowners,operators,
tenants,oraqualifiedsolarsystem
contractor.Operationshouldbegin
afterreceivingpermissionfromthe
utility.Theownerisresponsiblefor
maintainingthesystemat80%of
ratedpowerfor20years.After20
years,installanewsystemor
maintaintheexistingoneforthelife
ofthefacility.
● Thebuildingpermitapplicationforqualifying
facilitiesmustdemonstratesufficientsolar
panelstoprovidepowerfortheoperational
basepoweruseatthestartofoperations.

Whenavailable,applicantswillbepermittedto
utilize“cleanenergy”sourcesinlieuof
providingonsiteenergyproduction.“Clean
Energy”sourcesincludeprogramssuchas,but
notlimitedto,EastBayCommunityEnergy
(EBCE).
● Operationalbasepowerisdefinedasthe
amountofpowerrequiredtosupplyloadsforall
ordinaryoperationalusesofthesite.Loadsfor
allordinaryoperationalusesofthesiteinclude,
asnon-exhaustiveexamples,loadsforminimal
heatingforfiresprinklers,primaryofficespace
lighting,HVAC,warehousepower,warehouse
lighting,sitelighting,minimumpowerfordock
positions(includingchargersforyard
equipmentandanyplug-insfortransport
refrigerationunits),andtheamountoflight-duty
electricvehiclesupplyequipmentrequiredby
CalGreen.Loadsforallordinaryoperational
usesofthesiteexclude,asnon-exhaustive
examples,loadsforspecializedequipment,
non-standardautomationormaterialhandling
systems,andchargersforheavy-dutytrucks.
● Projectsshallbeallowedtoutilizealternative
energymeansthatachievecomparableenergy
orgreenhousegasoffsets.ThisincludesNear
ZeroEmission(NZE)technologywhen
commerciallyavailable.
● Eachdeveloperofanindividual
specificdevelopmentproposalshall
preparethesubjectbuildingstructures
insuchawaytoaccommodatefuture
solarpanelspursuanttoapplicable
BuildingCoderequirements.
● Theofficeportionofabuilding’s
rooftopthatisnotcoveredwithsolar
panelsorotherutilitiesshallbe
constructedwithlight-coloredroofing
materialwithasolarreflectiveindexof
notlessthan78.Assoonas
reasonablypracticable,aftertheState
ofCaliforniaallowsformalsubmittalof
applicationstiedtoCalifornia’s
CommunitySolarProgram,each
developershallapplyforentryinto
California’sCommunitySolarProgram
andprovideevidencetothe
CommunityDevelopmentDirectorof
suchsubmittal.Ifallowedbylaw,after
theCommunitySolarprogramsells
51%ofitspowertolow-income
residentsinStockton,thebuilding
ownerorsolarproducermayallocate
apercentageofthebuilding’s
remainingCommunitySolarpowerto
occupantsofthesubjectbuildings.If
theformalsubmittalisdeniedbythe
StateofCalifornia,oneadditional
good-faithefforttore-applyshallbe
attempted.Ifacceptedordenied
twice,thismeasureisconsidered
satisfiedasitrelatestoCalifornia’s
CommunitySolarprogram.
● AsanalternativetoCalifornia’s
CommunitySolarProgram,the
developershallincludeaprovisionin
eachleasethatrequirestenantsto
purchasecleanpowerfromEastBay
CommunityEnergy.
● ElectricalRoomSizing.Toensurethat
warehouseelectricalroomsare
● Allfacilitiesshallbe
designedtoaccommodate
enoughspaceforallsolar
panelsandbatteries.
● Onbuildingsover250,000
squarefeetandgreater,
priortoissuanceofa
businesslicense,theCity
shallensuresolarpanels
areinstalledandoperated
insuchamannerthat
theywillsupply100%of
thepowerneededto
operateall
non-refrigeratedportions
ofthefacilityincludingthe
parkingareas.
(Reference)
● Operationalbasepoweris
definedastheamountof
powerrequiredtosupply
loadsforallordinary
operationalusesofthe
site.Loadsforallordinary
operationalusesofthe
siteincludes,as
non-exhaustiveexamples,
loadsforminimalheating
forfiresprinklers,primary
officespacelighting,
HVAC,warehousepower,
warehouselighting,site
lighting,minimumpower
fordockpositions
(includingchargersfor
yardequipment,andany
plug-insfortransport
refrigerationunits),and
theamountoflight-duty
electricvehiclesupply
equipmentrequiredby
CalGreen.Loadsforall
Attachment K
834
sufficientlysizedtoaccommodatethe
potentialneedforadditionalelectrical
panels,eitherasecondaryelectrical
roomshallbeprovidedinthebuilding,
ortheprimaryelectricalroomshallbe
sized25%largerthanisrequiredto
satisfytheservicerequirementsofthe
buildingortheelectricalgearshallbe
installedwiththeinitialconstruction
with25%excessdemandcapacity.
● WarehouseDockSealDoors.Exterior
loadingdockdoorsthatareadjacent
toconditionedorindirectlyconditioned
spacesshallhavedocksealsordock
sheltersinstalledatthetimeof
permitting.(CALGreenTier2)
● OnsiteEquipmentInfrastructure.The
projectshouldprovideinfrastructureto
supportthechargingofelectricpower
onsiteequipment.
ordinaryoperationaluses
ofthesiteexclude,as
non-exhaustiveexamples,
loadsforspecialized
equipment,non-standard
automationormaterial
handlingsystems,and
chargersforheavy-duty
trucks.
● Theenergystorage
systemsshallhave
enoughbatterycapacity
for48hourstoservethe
photovoltaicsysteminthe
eventofablackout.

Augmentedbygreen
energy(PG&Eand/or
EastBayCommunity
Energy)
● Thesolarsystem
installationshouldbe
donebyowners,
operators,tenants,ora
qualifiedsolarsystem
contractor. Operation
shouldbeginafter
receivingpermissionfrom
theutility.Theowneris
responsiblefor
maintainingthesystemat
80%ofratedpowerfor20
years.After20years,
installanewsystemor
maintaintheexistingone
forthelifeofthefacility.

Justification:TheCityofFontana
hasanordinancethatensures
thatsolarpanelsareinstalledand
operatedtosupply100%ofthe
powerofthefacility.Here’sthe
directlinktotheordinance
Attachment K
835
14 Allapplicablefacilitiesshallmaintain
ElectricVehicle(EV)fleetsinaccordance
withthefollowing:
● Heavy-DutyTrucks:allheavy-duty
trucks(Class7and8)domiciledon
sitearemodelyear2014orlater
fromstartofoperationsandshall
expediteatransitionto
zero-emissionvehicles,withthe
fleetfullyzeroemissionby
December31,2025,orwhen
commerciallyavailableforthe
intendedapplication,whichever
dateislater.
● Medium-DutyVehicles:
vehicles/deliveryvans/trucks(Class
2through6)on-siteshallapply:(i)
33%ofthefleetwillbe
zero-emissionvehiclesatthestart
ofoperations,(ii)65%ofthefleet
willbezero-emissionvehiclesby
December31,2023,(iii)80%ofthe
fleetwillbezero-emissionvehicles
byDecember31,2025,and(iv)
100%ofthefleetwillbe
zero-emissionvehiclesby
December31,2027.
● "Domiciledon-site":appliesto
vehiclesparkedorkeptovernightat
thequalifyingfacility(ies)morethan
70%ofthecalendaryearor
dedicatedtothequalifying
facility(ies)site(definedasmore
than70%ofthetruckroutesduring
thecalendaryearthatstartatthe
qualifyingfacility(ies)siteevenif
parkedorkeptelsewhere).The
tenant/operatorofthequalifying
facility(ies)shallnotberesponsible
tomeet"cleanfleet"requirements
forvehiclesusedbycommon
carriersoperatingundertheirown
authoritythatprovidedelivery
servicestoorfromthequalifying
facility(ies)site.

ElectricVehicleChargersStations(EVCS)
InfrastructureforTrucks:provideconduitsto
provideEVCStomeetfutureneeds.Conduitshouldbe
providedonthesitetoserve50%ofthenumberof
truckdockingstations.Locationofconduitisat
discretionofthedeveloper(e.g.,trucktrailerparking
spacesordockingstations).

Tofacilitatetheinstallationoffutureelectric
vehiclechargingstationsforheavy-heavy
duty
(HHD)trucks,inconnectionwitheach
individual
developmentproposal,thesubjectbuilding
improvementplansshallidentifyanareafor
futureHHDtruckchargingstations,andthe
subjectdevelopershallinstallconduitfrom
thepowersourcetotheidentifiedarea.

Add to Option B Ordinance the
following Option A
requirements with underlined
change
● C.On-GoingOperations:

Thefollowingstandards
shallbeimplemented
duringallon-going
business.
● 1.Allforklifts,yardtrucks,
andotherequipmentused
foron-sitemovementof
trucks,trailersand
warehousedgoods,as
wellaslandscaping
maintenanceequipment
usedonthesite,shallbe
electricallypoweredor
zero-emission.
● 2.Allfacilitiesshall
maintainazeroemission
vehicles/trucksrequiredto
meetthe"cleanfleet"
requirementsaboveas
setforthbytheCalifornia
AirResourcesBoard’s
“AdvancedCleanFleets”
ruleadoptedinApril2023.

TherulerequiresElectric
Vehicle(EV)fleetsin
accordancewiththe
followingschedule:
○ 20%of
medium-dutyfleet
electricby2025
○ 50%ofheavy-duty
(Class8)fleet
electricorZEVby
2030
○ 100%ofallfleet
electricorZEVby
Attachment K
836
● Zeroemissionvehiclesthatrequire
maintenancecanbetemporarily
replacedwithalternativevehicles.
● IfanEVfleetisnotcommercially
viable,documentationfroma
minimumofthree(3)EVdealers
identifiedonthecaliforniahvip.org
websitemustbesubmittedpriorto
issuanceofabuildingpermitforthe
newbuildingdemonstratingthe
inabilitytoobtaintherequiredEVs
orequipmentneededwithin6
months.
● Ifaqualifyingfacilityfailstomeet
the"cleanfleet"requirement,the
tenant/operatormustimplementa
VoluntaryEmissionsReduction
Agreement(VERA)thatmitigates
emissionsthroughemission
reductionprojects.TheAirDistrict
willverifythemitigationeffort.The
tenant/operatormustcontinueto
fundtheVERAuntilfullycompliant
withthecleanfleetrequirements.
2040
● 3.Within30daysof
issuanceofthefinal
certificateofoccupancy,
thetenant/operatorshall
demonstratetothe
satisfactionofCDDstaff
thattheapplicableclean
fleetrequirementsare
beingmet.Anyextension
oftimegrantedto
implementthiscondition
shallbelimitedtothe
shortestperiodnecessary
toallowfor100%
electrificationunderthe
cleanfleetrequirements.
● 4.Thetenant/operator
shallsubmitsimilar
reportseverytwoyears
thereafteruntilfull
compliancewiththe
applicablecleanfleet
requirementsisachieved.
● 5.Ifthetenant/operator
hasnotmeteach100%
cleanfleetrequirementby
December31,2027,then
thetenant/operatorshall
submitreportsannually
untilthe100%cleanfleet
requirementis
implemented.
● 6.Afterthe100%clean
fleetrequirementhas
beenimplemented,the
tenant/operatorshall
submittotheCDDan
on-goingcompliance
reporteverythreeyears
containingallnecessary
documentationtoverify
thatthecleanfleet
Attachment K
837
requirementsarebeing
met.
● 7.Eachsubsequent
on-goingcompliance
reportshallbeduewithin
30daysof,butnotlater
than,thethree-year
anniversaryofthe
precedingduedate.
● 8.RefrigerationUnits:
proposedcoldstorage
andassociatedtransport
refrigeratedunits(TRUs)
shallincludeelectric
plug-inunitsatloading
docksservingsuch
refrigeratedspace.

Justification:

Ensuresinstallationofelectric
vehiclechargingstations,
especiallyforheavy-dutytrucks
whilebeingconsciousofmarket.

Medium-dutyandheavy-duty
electricvehiclesarecommercially
availablethroughthesesites
https://californiahvip.org/vehicles/
and
https://globaldrivetozero.org/tools/
zeti/
2021CatalogofEVavailability
GuidefromSDG&E
https://www.sdge.com/sites/defau
lt/files/2021_sdge_electric_vehicl
e_availability_guide_1.pdf
ZEVgrantsareavailabletoday:
https://fleets.pge.com/
15 Electricchargingfacilitiesshallbe
providedonsitesufficienttochargeall
automobiles,andelectrictrucksdomiciled
onthesite.

Electricchargingfacilitiesshall
beprovidedonsitesufficientto
chargeallelectricautomobiles
andelectrictrucksdomiciledon
ProvideEVchargingstationsfor
automobilesperbuildingcode
andprovideaconduittoafuture
designatedareaforHeavyDuty
Add to Option C (industry
group)
ProvideEVchargingstations
onsitesufficienttochargeallfor
Attachment K
838
thesiteunlessotherwise
prescribedinSection16.80.390.

TruckChargingFacility. automobilesandelectrictrucks
domiciledonthesitepertomeet
theTier1energyefficient
standardsoftheCALGreen
Code,andprovideaconduittoa
futuredesignatedareaforHeavy
DutyTruckChargingFacility.

Conduitshouldbeprovidedon
thesitetoserve50%ofthe
numberoftruckdockingstations.

Locationofconduitisat
discretionofthedeveloper(e.g.,
trucktrailerparkingspacesor
dockingstations).

CaseStudies:
- TheEnvironmentalandTrafficImpactsofWarehousesinSouthernCalifornia - HealthEffectsofCalifornia’sWarehouseBoomRaiseConcernsAmongResidentsandPolicyMakers - https://environmentalhealth.ucdavis.edu/blog/californias-warehouse-boom-raises-health-concerns -
WarehouseSustainableexamples
PortofLosAngeles
https://www.portoflosangeles.org/references/2023-news-releases/news_102523_caap_update_nov8 https://www.portoflosangeles.org/environment/sustainability/solar-power https://www.portoflosangeles.org/references/news_101515_solar_power_projects https://kentico.portoflosangeles.org/getmedia/3f92f886-236e-4f05-a99d-64ba50d831b1/07_13_15_special_agenda_item_5_transmittal_2 PortofStockton
https://www.portofstockton.com/wp-content/uploads/2022/08/port-fact-sheet.pdf https://www.portofstockton.com/zef-blueprint/#:~:text=The%20Port%20of%20Stockton%20MD,a%20small%20port%20or%20public SanDiegoHeavyDutyTruckAB617
https://www.sdapcd.org/content/dam/sdapcd/documents/grants/Final_Project%20Plan_Short-Haul%20ZE%20Truck%20Pilot.pdf ZANZEFFFritoLay
https://www.prnewswire.com/news-releases/frito-lay-transforms-california-facility-into-showcase-for-sustainability-301725247.html https://www.fritolay.com/frito-lay-transforms-california-facility-into-showcase-for-sustainability Attachment K
839

STOCKTON CITY COUNCIL
Public Hearing
ZONING CODE AMENDMENT:

Industrial Warehouse Standards
December 05, 2023
Agenda Item 16.1
840
Background
• On December 6, 2022, the City entered into
a Memorandum of Agreement (MOA) with
the CA Attorney General’s Office (AG).
– Settled on Mariposa Industrial Park mitigation
measures
– Staff to prepare and present a warehouse
ordinance with development standards for the
City Council's consideration by 12/31/23.
841
Purpose of Warehouse Ordinance
• Identify and apply all feasible mitigation measures
to qualifying warehouse and distribution facility
projects.
– Facilities used for storage of farm products,
furniture, household goods, or other commercial
goods for distribution to wholesalers and/or
retailers, including cold storage.
– Buildings 100,000 square feet or larger
842
Agreement Obligations
• Staff to consider minimum conditions included
in Exhibit A to the AG Agreement
• If Certain Conditions are not included, staff to
explain:
1) Why conditions are infeasible as defined by CEQA;
2) What alternative conditions are proposed in lieu of
any such omitted conditions;
3) How such alternative conditions reduce
environmental impacts
843
Preparation of Ordinance
• Staff Performed Research
• Initial PC Study Session held 8/10
• PC Ad-Hoc Committee formed on 8/24
– Environmental and Community Advisors
– Industrial Developer Advisors
844
City Objectives for Code
• Reduce potential environmental impacts
• Balance the need for high-quality and
sustainable design with the project
feasibility
• Streamline reviews
• Create consistency through objective design
• Minimize future legal challenges
845
Outreach/Communications
• Over 20 meetings and numerous
communications from August to October:
– Planning Commission Ad-Hoc Committee
– Environmental and Industry Advisors
– Meeting with Residents and Citizens
– Attorney General's Office
– Other City & County agencies
– Environmental and Climate Professionals
– PC Study Sessions held on 9/28, and 10/12
846
Ordinance Outline
• Added to 16.80 “Standards for
Specific Land Uses”
• New Section 16.80.390
–Applicability
–Development Standards
• Site Design
• Building Design
• Construction Activity
–On-Going
847
Evaluation of Ordinance
Options
• OPTION A - Original MOA Standards
• OPTION B - Adjusted MOA Standards
• OPTION C - Industry Recommended
848
Ordinance Option A
• 26 minimum standards included in the original Attorney General Agreement
• Language has been simplified from the original
agreement to align with the City’s zoning ordinance
format.
• While these standards do not respond to, or resolve,
potential feasibility issues raised by staff and the
public they are the Attorney General’s preferred
standards.
• Complies with General Plan policies for environmental protection but not necessarily for policies on encouraging development or establishing jobs
849
Ordinance Option B - Adjusted
Measures

1. MOA #2 Off-Road Construction Equipment

2. MOA #7 Paint Coating

3. MOA#10 Building Standards

4. MOA#11 Loading Docks

5. MOA #12 Landscaped buffer

6. MOA#13 Solar and Energy

7. MOA#14 Maintaining EV Fleet

8. MOA 17 EV Fleet and Monitoring

9. MOA #18 Transport refrigeration units (TRUs)

10. MOA#25 Development Agreement Monitoring

11. MOA#26 Neighborhood Meetings (Deleted)
850
Ordinance Option C - Industry
Mostly the same as Option B except for adjustments to
7 standards
1) MOA#2 Off-Road Construction Equipment
2) MOA #10 Building Standards
3) MOA#11 Loading docks
4) MOA #12 Landscaped buffer
5) MOA#13 Solar Energy System
6) MOA# 14 Maintain Electric Fleets
7) MOA #15 EV Charging facilities
851
Option B - Adjusted Measures
MOA #11 Building and Loading Dock Setbacks:
 Building Setbacks:
 Option B - 2:1 ratio of building setback to building height.  Option C – Code Standard building setback equal to building height.  Loading Dock Setback:
 Options B and C - 300-foot buffer shall separate all truck loading docks from sensitive receptors
MOA# 12 Landscaped Buffer:
 Option B - 40-foot landscaped buffer
 Option C – 20-foot landscaped buffer
 10' soundwall unless noise analysis justifies taller
852
Option B - Adjusted Measures
MOA #13 Solar Power Systems:

Option B:
• Solar Panels at start of operations
• When available, utilization of clean energy sources in lieu of onsite energy production (potential sources Ava Community Energy) • Meet Operational Base Power Needs
Option C:
• 1) installing solar panels on the subject building or building site • 2) procuring 100% clean energy from AVA Community Energy • 3) participating in California’s Community Solar Program. • Meet Operational Base Power Needs
853
Option B - Adjusted Measures
 MOA# 7 Paint Coating:

Volatile Organic Compound (VOC) limits per San Joaquin Valley Air Pollution Control District (SJVAPCD) or the current edition of the California Green Building Standards Code (CALGreen), whichever is most restrictive.

MOA# 10 Building Standards:

Option B
 CALGreen State Building Standard requirements less than 400,000 square feet; or
 CALGreen Tier 1 Energy Efficient Standard 400,000 square feet or greater Option C
• CalGreen State Building Standard requirements for all qualifying warehouses
854
Feasibility Analysis for
Alternative Options B and C
• Feasibility Analysis prepared as Attachment H to address adjustments to the AG Agreement Standards (Ordinance
Option A)
• Feasible, per CEQA Guidelines Section 15364 means
capable of being accomplished in a successful manner
within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors.
• Based on staff research and advisement from outside
City hired consultants.
855
Planning Commission
• PC Hearing held on October 26, 2023
• Staff Presented Options A, B, and C.
• Written and oral public comments
received.
• Approved a recommendation for City
Council to Adopt Option C Ordinance.
856
Recommendation
Staff recommends that City Council that the City Council:
1) Find the proposed ordinance is exempt pursuant to the California Environmental Quality Act (CEQA) Section 15061(b)(3), and that no future environmental review is required for proposed code amendments pursuant to CEQA Section 15183 (Consistency with General Plan and Community Plan)
2) Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC) Chapter 16.80 (Standards for Specific Land Uses) to add a new Section 16.80.390 (Logistic Warehouse), including a recommendation on one of the options below: a. Option A - Standards that reflect original Memorandum of Agreement (MOA) with the State of California Attorney General (AG); or b. Option B - Standards that reflect original MOA with suggested alternatives consistent with the MOA requirements; or c. Option C - Standards that reflect industry recommendations.
857
Purposely Blank
858
Option B- Adjusted Measures
Setbacks and Landscaping (MOA #11/12)
859
Stars = Receptor Location
Areas not subject to
300ft and 1,000ft buffer
Setback/Buffer Example #1
860
Stars = Receptor Location
Areas not subject to
300ft and 1,000ft buffer
Setback/Buffer Example #2
861
Red = 1,000 ft and Orange = 300 ft
Stars= Receptor location
Setback/Buffer Example #3
Red = 1,000 ft Buffer
Orange = 300 ft Buffer
Stars = Receptor Location
Areas not subject to
300 ft & 1,000 ft buffers
862
City of Stockton
Legislation Text
File #: 23-1104, Version: 1

PUBLIC HEARING FOR THE CONSIDERATION OF THE PROPOSED MEASURE A SUNSET EXTENSION; ADOPTION OF AN ORDINANCE EXTENDING THE TERM OF THE TAX MEASURE;

AND ADOPTION OF A RESOLUTION AMENDING THE ANNUAL BUDGET

RECOMMENDATION
It is recommended that the City Council hold the second required public hearing to discuss an extension of the ¾ Cent General Transaction and Use Tax previously approved by voters at the November 5, 2013 election (Measure A) and at the conclusion of the public hearing:

1. Adopt an ordinance which adopts requisite findings and extends the sunset of the tax measure, and

2. Adopt a resolution amending the authorized positions in the FY 2023-24 Annual Budget.

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

Summary
Measure A is a ¾ cent general transaction and use (sales) tax initiative that was approved by voters on November 5, 2013. Pursuant to the Measure A ordinance (2013-07-09-1601, Attachment A), the tax would sunset after ten years, on March 31, 2024, unless Council holds two publicly noticed meetings and adopts specific findings based on evidence. The findings and evidence must demonstrate that the revenues provided by the tax continue to be necessary to accomplish the City’s general purposes, and that the total compensation paid to City employees is not excessive when compared to those of other similarly situated public-sector employers. This item represents the second of the two required public hearings to review these findings and evidence, which are included in the proposed ordinance. The first hearing was held on November 14, 2023. In that hearing, members of the public spoke positively to the retention plan described later in this staff report. In addition, the findings have been presented to the Measure A Citizen’s Advisory Committee at two meetings on November 13 and November 20, 2023. After a lengthy discussion, the Measure A Citizens’ Advisory Committee made no recommendations to the City Council concerning the sunset.

It is recommended that Council vote to adopt the proposed ordinance extending the sunset an additional ten years until March 31, 2034. It is further recommended that the Council approve a resolution amending the FY 2023-24 budget to reduce the 485 authorized sworn officer position count by 60 vacant positions for a remaining total of 425 and program the resulting savings for recruitment and retention benefits and activities for all remaining positions, the cost of these retention efforts and the feasibility of reprogramming these savings to restore additional positions to be reviewed and evaluated every year during the annual budget process.

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DISCUSSION
Background
In April 2012, the City initiated development of a Marshall Plan to reduce homicides and violence.

Also in 2012, the City took the necessary action of filing for bankruptcy to maintain health and safety services for the Stockton community. An ultimate recovery plan was needed to emerge from the bankruptcy, become financially solvent again, restore City services, and invest in the Marshall Plan.

In June of 2013, the City Council approved the Funding Proposal for Stockton’s Marshall Plan on Crime and Recovery from Bankruptcy. The Law Enforcement, Crime Prevention, and Other Essential Services Measure was approved by the City Council on July 9, 2013 for placement on the November 5, 2013 ballot. The measure was assigned the letter A on the ballot and was approved by voters with an effective date of April 1, 2014.

Measure A is a ¾ cent transaction and use (sales) tax that was approved as a general tax. Under California law, a general tax is any tax imposed for general governmental purposes, while a special tax is one imposed for specific purposes. However, Measure A was accompanied by advisory Measure B, which allowed voters to express an advisement that 65% of Measure A proceeds would be prioritized for law enforcement and crime prevention purposes such as those outlined in the Marshall Plan, while the remaining 35% would be prioritized for bankruptcy recovery and general service purposes. Measure A and B also instituted the Measure A Citizens’ Oversight Advisory committee, which would meet at least once annually to review the expenditures of revenues generated by the tax measure and make recommendations to Council.

Measure B’s primary programmatic document is the Marshall Plan, which called for doubling the staff of the Office of Violence Prevention (OVP), the institution of Neighborhood Betterment (previously Blitz) Teams, and the approval of 120 additional fully funded police officers. The Office of Violence Prevention targets the highest risk individuals in the community, offering resources and assistance to alleviate the factors that lead to continued violence and gang activity on an individual level. The Neighborhood Betterment Teams perform targeted abatement actions on neighborhoods to reduce blight. Another component of the Marshal Plan that has been implemented through Measure A is Operation Ceasefire, a partner-based violence reduction strategy that uses respectful, direct communication with the highest-risk youth and young adults.

On February 25, 2014, the City Council approved the Marshall Plan implementation plan to add 120 sworn police officers and 43 civilian staff positions to rebuild the Police Department, establish the Neighborhood Betterment Team, expand the Office of Violence Prevention, and provide administrative support to these areas. The Police Officer positions were phased in over a three-year period adding 120 new positions to the 365 authorized sworn positions prior to the new tax measure.

The chart below, “Authorized Police Officer Positions” shows the City’s authorized sworn positions and the percent filled for each fiscal year through June 30, 2023. The chart below labeled “Cumulative Police Officer Retention” shows the amount of police positions hired compared to the three categories of attrition since 2012. Over two thirds (67%) of officers that have left the City have done so as a result of not passing training or academy, retiring, having their employment terminated for cause, or have left the law enforcement industry altogether. Only 33% of departures have left for other agencies. Over the years, Measure A also funded 114 cars, 412 radios, police recruitment expenses, police academy costs, OVP client services, fuel, radio system improvements, and numerous other services and supplies.

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In addition to the 65% programmed for law enforcement and crime prevention efforts, 35% was advised, per Measure B, to be programmed towards funding the City’s bankruptcy exit plan, restoring reserves, replacing failing assets, and preparing for the next economic recession. In addition, any savings from the 65% also went to contribute to these efforts, including likely future programming for public safety. The FY 2023-24 Adopted Budget programmed 55%, or $158 million, of the General Fund’s $290 million in expenditures towards the Police Department alone.

Measure A funds have been subject to high levels of scrutiny since the ordinance’s inception, including a separate page for Measure B expenditures in both the City’s Annual Comprehensive Financial Report (ACFR) and Annual Budgets, additional external auditor attestation concerning the Measure’s agreed-upon procedures each year, and, most recently, a performance audit performed by the City’s internal auditors, which was presented to the Council Audit Committee in October 2023.

In addition to expending most of the unrestricted City funds each year on law enforcement, the following restorations to service from bankruptcy were funded using General Fund dollars. While the Measure A funds are legally classified as general-purpose revenues (i.e., General Fund), many of these service restorations would likely have been impossible without the additional General Fund City of Stockton Printed on 11/30/2023Page 3 of 12
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revenues afforded by Measure A. Over the years that the transaction and use tax has been in effect, the City has leveraged the tax to effect considerable service recovery and delivery accomplishments.

Selected General Service / Bankruptcy Recovery Accomplishments Made Possible by Measure A Over the decade that Measure A has been in service, the General Fund:

1. Provided for the fueling and operation of the City’s Police Helicopter and Unmanned Air Support program.

2. Resumed Cost of Living Adjustments for police officers. Cost-of-living and market adjustments increased Police salaries by an average of 6.1% annually over the last five years.

3. Added four Human Resources and Administrative Services Department positions.

4. Provided for a police wellness staff member and wellness program.

5. Performed clean-up efforts related to the City’s unhoused population consistent with Marshall Plan recommendation “Reclaim Neighborhoods: Disorder & Blight Reduction.”

6. Provided for community clean-ups/Clean City initiatives consistent with Marshall Plan recommendation “Reclaim Neighborhoods: Disorder & Blight Reduction.“

7. Maintained the Integrated Ballistics Identification (IBIS) System, software that allows for enhanced forensics in gun-related crimes.

8. Implemented Police Body Cameras.

9. Provided for the restoration and reopening of Fire Station No. 1, including facility improvements and the procurement of furniture, firefighting tools, and equipment.

10.Increased Fire sworn staffing levels by 17 positions, with 9 positions for Station No. 1 which will be fully funded by the General Fund when the Staffing for Adequate Fire and Emergency Response (SAFER) grant ends.

11.Expanded the Fire Dispatch Center by 10 positions.

12.Implemented a fireworks program designed to decrease the possession and use of illegal fireworks through public awareness and enforcement.

13.Replaced outdated cardiac monitor/defibrillator equipment for emergency cardiac care.

14.Added a second fire academy per year to meet firefighter retention demands.

15.Added an Emergency Manager position that is responsible for emergency mitigation, preparedness, response, and recovery.

16.Allowed for Street Maintenance efforts, including: resurfacing streets, installing striped edge line lanes, improving sidewalk tripping hazards address, replacing sidewalks, sealing roadway cracks, street lighting improvement, and filling potholes.

17.Provided for tree services, including stump removal, trees trimmed at City Parks, and removed dead and hazardous trees citywide.

18.Helped fund parks maintenance and improvements, including replenishing playground surfacing; sports courts resurfacing; repairing and replacing playground structures; remodeling park restrooms; improvements to Pixie Woods’ boat, bridge, concession stands, irrigation system, and carousel; swimming pool repairs; Van Buskirk gym floor replacement; Victory Park tennis courts lighting improvements; Weber Point Events Center shade structure maintenance; and Oak Park ball field improvements.

19.Supported one-time costs associated with reopening the Fair Oaks Library in 2017, which was closed during the bankruptcy.

20.Performed field maintenance supporting youth and adult sports at City parks.

21.Allocated $2 million in grant funding for expanded Youth Service programming in FY 2023-24.

22.Resumed and expanded staff training efforts, such as the City Manager’s Leadership City of Stockton Printed on 11/30/2023Page 4 of 12
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Academy.

23.Provided a complete replacement of all public safety radios; nearly every radio was beyond its useful life, and implemented and funded a replacement schedule for radio equipment.

Completed installation of a new radio infrastructure core and new network infrastructure.

24.Investment in the Animal Shelter operations resulting in significantly improved live release rates.

25.Internal self-insurance fund resources have been restored to positive balances from negative $48 million.

26.Implemented a modernized Human Resources and Financial System resulting in increased financial accountability and efficiency.

Present Situation
The voter-approved Measure A ordinance allows the City Council to extend the 10-year sunset of the tax through Section 17 of the ordinance, which reads:

Sunset of Tax. (a) The taxes imposed by this Ordinance shall remain effective until the soonest to occur of the following: (i) the City Council repeals, or the voters repeal, this Ordinance; (ii) the City Council determines that the City has experienced economic recovery as defined in Section 18 of this ordinance, or (iii) ten (10) years from the date the taxes imposed by this Ordinance are first collected. However, the voters hereby authorize the Council to extend the sunset of the taxes pursuant to paragraph (b) of this Section 17.
(b) The City Council may extend the sunset of the taxes imposed by this ordinance as follows.

The Council shall hold two publicly noticed meetings at least 14 days apart and shall adopt findings based on evidence before it that: (i) the revenues provided by the taxes imposed by this Ordinance continue to be necessary to accomplish the purposes stated in Section 21 of this Ordinance and (ii) the total compensation paid to City employees is not excessive when compared to those of other similarly situated public-sector employees.

The above-referenced Section 21 defines the purpose of Measure A revenues as:

Declaration. The proceeds of the taxes imposed by this Ordinance may be used for any lawful purpose of the City, as authorized by ordinance, resolution or action of the City Council. These Taxes are not special taxes within the meaning of section 1, subdivision (d) of Article XIII C of the California Constitution, but are general taxes imposed for general governmental purposes.

This item represents the second of the two publicly-noticed meetings required to extend Measure A.

Two meetings of the Measure A Citizens’ Advisory Committee were held on November 13 and November 20, 2023 to review the findings. The committee made no formal recommendation concerning the sunset extension. Measure A is a vital tool for economic recovery and for the City to City of Stockton Printed on 11/30/2023Page 5 of 12
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remain fiscally solvent at its current level of services offered to the community. Approximately 17% of General Fund Revenues are provided for by Measure A funding. If Measure A were to sunset, the financial situation of the City would substantially deteriorate without significant budget cuts to General Fund supported programs, quickly eating through reserves and putting the City back at risk of insolvency.

The Long-Range Financial Plan (L-RFP) projects the City’s financial state over the next twenty years.

Measure A tax revenues contributed an average of $36 million per year to the General Fund since 2014. These revenues and the use of the funds are part of the financial projections in the L-RFP. The chart below shows the projected ending General Fund balance with Measure A revenues continuing to the end of the model.

As can be seen in the graph below, without Measure A revenues, the City would quickly start operating at a deficit, consuming General Fund reserves by FY 2027-28, and quickly returning the City to a state of insolvency. Extensive cuts to vital City Services would become necessary for the City to remain solvent.

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To best understand the implications of this eventuality, City departments prepared a list of services they would be forced to scale back or eliminate in order to reduce their impact on the General Fund by 17% to maintain solvency. While these cuts are not an action plan, they demonstrate a plausible look at the choices City leadership would be forced to make in terms of service delivery without the revenue provided by Measure A. A select number of these service delivery impacts include:

Department Citizen Impact from Potential Service Reductions Police* Elimination of 155 sworn police positions. Authorized strength would be reduced to 330 from 485, permanently impacting our ability to restore services to the community and our gun violence reduction strategy.

Additionally, there would be staffing cuts in Neighborhood Services, eliminating the Neighborhood Betterment Team funded by Measure A.

Many support positions would be eliminated, further impacting department operations. Maintaining public safety positions is critical to our community's safety.

Office of
Violence
Prevention*
The Office of Violence Prevention (OVP) faces total closure. The department's staff, once 16 strong, would be slashed in half, reverting to pre-Marshall Plan era staffing levels. This extreme budget cut would incapacitate the Office of Violence Prevention, severely impairing their ability to combat gun and gang violence effectively in the community.

The consequences would be dire: a breakdown in conflict mediation could fuel a surge in gang violence. The OVP's shooting emergency response program, a crucial peacekeeping initiative, would be eliminated, heightening the risk of retaliation without intervention.

Emergency relocation services, essential for protecting victims and families, would be severely diminished, leaving them exposed to further harm. Additionally, the reduction in OVP's intensive case management would deprive high-risk clients of vital support, potentially forcing them back into a cycle of gang and gun violence in a desperate pursuit of necessities. This devastating scenario would significantly exacerbate gang and gun violence, posing an overwhelming threat to the citizens of Stockton. This significant budget cut threatens to plunge the City of Stockton back to the alarming homicide levels of 2012, reminiscent of the pre-Marshall Plan era when the city experienced its highest recorded number of homicides-72.

Fire
Department
Total reduction in sworn fire personnel of approximately 30% to meet the 17% budget reduction target. Immediate response areas affected by the closures of three (3) engine companies and one (1) additional truck company will nearly double response times; and the effective response force on-scene time will almost triple the national standard identified in National Fire Protection Association (NFPA) 1710.

Elimination of three engine companies will also result in the closure of three (3) fire stations as there will be insufficient number of personnel on duty each day to keep all fire stations open. Only 10 out of 13 fire stations will remain open. There will be limited resources for firefighting, medical, and all other services provided to citizens and businesses throughout the City; which will have a substantial impact on the Fire Department's ability to respond to emergencies. Reduction of relief crew will impact daily staffing levels as less staff will be available to fill in for absences due to illness, injuries, required training, or vacation.

Loss of three engine companies and one truck company identified above will bring the total number of sworn personnel below the required SAFER grant minimum staffing maintenance requirement, resulting into the potential loss of grant funds and the reduction of an additional 16 grant-funded firefighters.

Public Works General Fund park sites (some City parks are funded through property owner assessments) will no longer be watered or maintained, with the exception being fire hazard mitigation (weed abatement) only. An example of this type of maintenance is the former Van Buskirk Golf Course site. Contracted services for illegal dumping and homeless encampment cleanups will be reduced to about 50% leaving a large amount of garbage and debris across the City.

Community
Services
Reduction of security guard presence in Community Centers, fields, and aquatics, resulting in a loss of patron confidence in visiting centers, and participation in sports programs. Shootings have occurred at four facilities this year. Increased levels of vandalism and break-ins to facilities, and unruly behavior will be more difficult to stop and prevent.

Additional funds were requested for FY 2023-24 for security services because of patron feedback; seniors and others report feeling unsafe without guards. Stockton Arts Commission annual grants would have to be scaled back, resulting in reduced support of local artists and mural beautification projects. Reduce field maintenance (Stockton Soccer Complex, Misty Holt-Singh, Louis Park), resulting in increased weeds and general health of playfields negatively impacting sports activities and creating safety hazards and poor aesthetic appearance. Loss of revenue from field rentals and tournaments. Eliminate library and community center staff, resulting in a reduction of open hours, including evening and weekend hours. This would further reduce programming available to patrons, access to resources, literacy programming, community-specific programs, and youth/adult activities. Reduce Library Materials, Resulting in City patrons waiting for digital books exasperating the already long wait times for materials as demand for digital items is increasing; fewer copies of newly released physical materials; patrons will need to wait longer. Eliminate support staff, resulting in an inability to support picnic rentals; slow response times to customer inquiries; delayed invoice processing and payment; extended timeline to fill vacant positions; reduced support of Stockton Arts and Parks and Recreation commissions; slower updates to websites.

Economic
Development
Eliminate a position responsible for tracking and fostering business attraction leads, which has greatly improved Stockton’s ability to attract new businesses and assist current businesses with expansion efforts, as well as to recruit developers that best fit with the goals of the Economic Development Strategic Plan. Shut down the Oak Park Ice Rink. The Oak Park Ice Rink is the only Ice Rink in this region and used by several organizations in the area, including St. Mary's high school.

Total to operate is approximately $1.1 million per year, and currently generates approximately $500,000 of operating revenues which helps to offset yearly operating costs. Downscale special events such as Fourth of July, Christmas Parade/Tree Lighting, and Concerts in the Park.

Institute a seasonal closure of the Civic Auditorium, resulting in one full- time position reduction and decreased utilization by the public.

Downscale landscaping and maintenance of Pixie Woods, resulting in a less well-kept and enjoyable park.

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Department Citizen Impact from Potential Service Reductions Police* Elimination of 155 sworn police positions. Authorized strength would be reduced to 330 from 485, permanently impacting our ability to restore services to the community and our gun violence reduction strategy.

Additionally, there would be staffing cuts in Neighborhood Services, eliminating the Neighborhood Betterment Team funded by Measure A.

Many support positions would be eliminated, further impacting department operations. Maintaining public safety positions is critical to our community's safety.

Institute a seasonal closure of the Civic Auditorium, resulting in one full- time position reduction and decreased utilization by the public.

Downscale landscaping and maintenance of Pixie Woods, resulting in a less well-kept and enjoyable park.

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Department Citizen Impact from Potential Service Reductions Police* Elimination of 155 sworn police positions. Authorized strength would be reduced to 330 from 485, permanently impacting our ability to restore services to the community and our gun violence reduction strategy.

Additionally, there would be staffing cuts in Neighborhood Services, eliminating the Neighborhood Betterment Team funded by Measure A.

Many support positions would be eliminated, further impacting department operations. Maintaining public safety positions is critical to our community's safety.

Institute a seasonal closure of the Civic Auditorium, resulting in one full- time position reduction and decreased utilization by the public.

Downscale landscaping and maintenance of Pixie Woods, resulting in a less well-kept and enjoyable park.

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Department Citizen Impact from Potential Service Reductions Police* Elimination of 155 sworn police positions. Authorized strength would be reduced to 330 from 485, permanently impacting our ability to restore services to the community and our gun violence reduction strategy.

Additionally, there would be staffing cuts in Neighborhood Services, eliminating the Neighborhood Betterment Team funded by Measure A.

Many support positions would be eliminated, further impacting department operations. Maintaining public safety positions is critical to our community's safety.

Institute a seasonal closure of the Civic Auditorium, resulting in one full- time position reduction and decreased utilization by the public.

Downscale landscaping and maintenance of Pixie Woods, resulting in a less well-kept and enjoyable park.
*Due to Police and OVP utilizing 65% of Measure A funding under Measure B, these departments were asked to provide a scenario which depicted the elimination of all of the 65% Measure B expenditures and their percentage of the 35% remaining in the General Fund, rather than the flat 17% scenario that other departments were asked to prepare.

It is clear that the City would face vital challenges without the proceeds from Measure A; it is for that reason that the process outlined in the Ordinance to renew Measure A is being undertaken and the recommendation is to extend the tax an additional 10 years through March 31, 2034.

Updating the Measure B Spending Plan with the Extension In alignment with the advisory Measure B, Measure A funds have been successfully utilized to implement the Marshall Plan components as outlined in the June 2013 funding plan including rebuilding the Police Department and expanding the Office of Violence Prevention. It is only in the last few years (since the COVID-19 pandemic) that filling police officer positions has become a significant challenge. While the 120 Measure A funded police positions stand open and ready for recruits, hiring to the full authorized strength of 485 sworn police officers has proved a challenge due to many factors, including a nationwide staffing shortage of police officers. The number of filled police positions has risen as high as 97% of the 485 approved positions in recent years, but historic challenges have resulted in a vacancy rate of 28% as of November 6, 2023.

In the October 2023 performance audit, the City’s internal auditors made several recommendations to improve transparency and utilization of Measure A funds, including a more strategic approach to officer retention, developing key performance indicators (KPIs) to better define and publish success of the measure, and implement expenditure guidelines to fully define what expenditures can be classified as Measure B.

If Measure A is continued, several actions will occur to accept these recommendations:
· Additional guidelines on the use of Measure A funds for Measure B purposes are in development and will be introduced during the FY 2024-25 Budget Development process.

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service needs such as adding back police officer positions, reopening Fire Truck Company No. 7, adding more OVP outreach workers, or park improvements. · A new strategy will be proposed to reprogram the funding currently appropriated for 60 sworn positions that the City has been unable to fill toward recruitment and retention benefits for all non-management police officer positions. This proposed change in the spending plan is consistent with the recommendations in the October 2023 performance audit. Even with this reprogramming, per the required findings, officer compensation will not be excessive, being lower than several comparable agencies.

The New Strategy
With the consideration to extend Measure A, Staff is proposing a revision to the spending plan that will help in reducing the number of police officer vacancies. The City and the Stockton Police Officers Association (SPOA) have been collaborating to bring a plan to Council that represents a historic breakthrough in the City’s ongoing challenges to recruit and retain law enforcement officers. The City has attempted year after year to hire the 120 officers authorized by the Marshall Plan, and has come close, but new nationwide challenges have pushed this objective farther than ever in the last two years. By reducing the 120 positions to a more achievable target of 60 officers and reprogramming the funds allocated to those positions toward a retention program for all officers, the City will become a more attractive and enticing employer of sworn law enforcement professionals.

The total funding positions out of Measure A would be reduced from 120 to 60 police officers. The funding for these 60 positions would be reprogrammed to additional pay and benefits for all other police positions. These compensation items are subject to the extension of Measure A and will only continue as long as economically feasible. The agreement with the union includes the following language:

1. Funding for recruitment and retention incentives is contingent on the extension of the sunset date in Measure A, which will be considered for approval by Council in December 2023.

2. The City will be reallocating Measure A funding to pay for temporary programs to address critical recruitment and retention issues of police officers.

3. The reallocation of Measure A funds by decreasing the number of allocated police positions from 120 to 60 full-time employees is temporary to fund a temporary recruitment and retention plan for the Police Department.

4. The reallocation of Measure A funds towards these recruitment and retention incentives shall be reviewed annually by the City Manager and the City Council and are subject to available Measure A Funding. The City retains the sole discretion to make changes to the reallocation and such determination shall be final.

5. The City retains the right to increase or decrease the allocation of police positions based on the performance of Measure A Sales Tax.

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retention and recruitment plan will be reassessed for economic feasibility and opportunities to add officer positions back to the annual budget.

Findings Based on Evidence
The evidence attached to the proposed ordinance clearly supports the findings required by the Measure A ordinance: that the Measure A tax has been and continues to be necessary to provide for the general purposes of the City. The evidence contains a list of services that were restored using the General Fund as well as a list of General Fund supported services that would be considered for elimination in order for the City to remain solvent should Measure A sunset.

The evidence also supports the finding that City employee compensation is not excessive when compared to other similarly situated public-sector employees. While the details of each labor negotiation are protected and confidential information, the broad process and methodology used to determine employee compensation is outlined in the proposed ordinance and the results of these efforts are shown in the appendices which are attached to the ordinance as Exhibit 5. In summary, during negotiations, an external consultant compares each position to comparable positions in other similar agencies to determine the median or “middle” rate for each position. Market adjustments are made to keep employee pay at this median.

FINANCIAL SUMMARY
The City’s FY 2023-24 Annual Budget assumed the continuation of Measure A tax revenues and would need to be amended if the tax sunsets on March 31, 2024. Approval of the extension of Measure A would continue the City’s current budget assumption and there would be no change to the current operations as a result of approving the extension. If the sunset is not extended, a budget amendment would be required to reduce the estimated revenue and appropriated expenditures by approximately $11.6 million in revenues and $9.5 million in Measure B eligible expenditures. Further, allowing Measure A to sunset would immediately trigger the process to develop an expenditure reduction plan using the previously described 17% budget cuts as a baseline starting point.

Future implications of approving or refusing the proposed action will be addressed in subsequent annual budget processes but allowing Measure A to sunset at this time would likely result in disastrous consequences. Measure A revenues have averaged $36 million per year since enactment with $46 million budgeted in FY 2023-24. While sales tax revenue increases since the pandemic should be viewed as an anomaly and these levels are not likely to be sustained long-term, it is safe to assume that tens of millions in sales tax revenue that the City depends on to provide City services would be forfeited in the event of Measure A sunset. In FY 2023-24, 82% of the projected Measure A revenues are budgeted toward public safety expenses and 55% of the overall General Fund, are budgeted towards the Police Department. The sunset of Measure A would inevitably result in a broad reduction to vital City services to the public.

Attachment A - Ordinance No. 2013-07-09-1601 An Ordinance of the City of Stockton Enacting a General Transactions and Use Tax to be Administered by the State Board of Equalization, Upon Adoption by the Voters
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AMENDING THE AUTHORI ZED TOTAL SWORN POSI TION COUNT

AND RELATED BUDGET

On November 15, 2013, Measure A was adopted by voters at the same time as Measure B. Measure A is a ¾ cent general transaction and use (sales tax). Measure B is a non-binding advisory measure which advises that 65% of the proceeds from the tax will be prioritized for Law Enforcement and Crime Preventio n Services as described in the City’s Marshall Plan on Crime, and

Among other crime prevention and law enforcement actions, the Marshall Plan on Crime proposed authorizing another 120 sworn law enforcement positions for a total of 485 positions overall, and

Since 2020, the City has encountered high levels of difficulty retaining sworn officer positions at the level advised by Measure B and the Marshall Plan, and

A performance audit of the Measure A funds recommended using salary savings from vacant positions to provide greater recruitment and retention efforts and benefits , and

The retention and recruitment incentives are contingent upon the extension of the Measure A Transaction tax through March 31, 2034, and subject to available Measure A funding as determined by the City Council, and

The retention and recruitment benefits and services will be reevaluated annually to ensure economic feasibility and to identify opportunities to reprogram those costs back to additional officer positions; now, therefore,

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

1. The number of authorized full -time positions in the FY 2023 -24 Annual Budget is amended reducing sworn officer postions by 60 vacant positions, bringing the total police sworn positions from 485 to 425.

2. The City Council approves amending the budget to reprogram the salary and benefit costs associated with the 60 vacant positions to provide for a temporary program to address critical retention and recruitment issues of police officers.

3. The City Council Authorizes the City Manager to reassess the resulting retention and recruitment plan on an annual basis for economic feasibility and opportunities to add officer positions back to the annual budget.

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

PASSED, APPROVED, and ADOPTED December 5, 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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ORDINANCE NO.

AN ORDINANCE OF THE CITY OF STOCKTON EXTENDING FOR 10 YEARS THE

TERM OF THE CITY OF STOCKTON TRANSACTIONS AND USE TAX ORDINANCE (“MEASURE A”) APPROVED BY VOTERS AT THE NOVEMBER 5, 2013, ELECTION

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

Section I. Background and Purpose

On July 9, 2013, the City Council of the City of Stockton (the “Council”) adopted Ordinance No. 2013 -07-09-1601, enacting a general transaction and use tax (Measure A) upon adoption by the voters. On November 5, 2013, voters approved Measure A, and the taxes imposed were first collected on April 1, 2014.

Ordinance No. 2013-07-09-1601 Section 17 reads:

Sunset of Tax. (a) The taxes imposed by this Ordinance shall remain effective until the soonest to occur of the following: (1) the City Council repeals, or the voters repeal, this Ordinance; (ii) the City Council determines that the City has experienced economic recovery as defined in Section 18 of this ordinance , or (iii) ten (10) years from the date the taxes imposed by this Ordinance are first collected. However, the voters hereby authorize the Council to extend the sunset of the taxes pursuant to paragraph (b) of this Section 17.

(b) The City Council may extend the sunset of the taxes imposed by this ordinance as follows. The Council shall hold two publicly noticed meetings at least 14 days apart and shall adopt findings based on evidence before it that: (i) t he revenues provided by the taxes imposed by this Ordinance continue to be necessary to accomplish the purposes stated in Section 21 of this Ordinance and (ii) the total compensation paid to City employees is not excessive when compared to those of other similarly situated public-sector employees.

The above-referenced Section 21 reads:

Declaration. The proceeds of the taxes imposed by this Ordinance may be used for any lawful purpose of the City, as authorized by ordinance, resolution or action of the City Council. These taxes are not special taxes within the meaning of Section 1, subdivision (d) of Article XIII C of the California Constitution, but are general taxes imposed for general governmental purposes.

Section II. Findings

Finding I: The revenues provided by the taxes imposed by Measure A continue to be necessary to accomplish the purposes stated in Section 21 of this Ordinance . (Any 886
lawful purpose of the city, as authorized by ordinance, resolution, or action of the City Council.)

Evidence Supporting this Finding:

Exhibit 1: The Long-Range Financial Plan With and Without Measure A

Attached as Exhibit 1 are two Long-Range Financial Plan scenarios, one that assumes the revenues from Measure A continue for the foreseeable future, and one that assumes that the revenues sunset on March 31, 2024. It is clear from the evidence that while the General Fund remains positive in a scenario with Measure A, at the current expenditure level, the City will likely become insolvent by FY 2027-28 if Measure A is sunset.

Exhibit 2: City Services Restored from Bankruptcy Levels Using General Fund. Measure

A has helped the City ’s General Fund to partially recover from the “Great Recession,” prepare for the next economic downturn, and provide for the restoration of services. The attached service areas were identified as experiencing significant cuts in the staff report accompanying Motion 2013-06-25-1502 that proposed Measure A . The C ity has demonstrated that Measure A has significantly contributed to the General fund, indirectly improving recovery in these service areas. Attached as Exhibit 2 is a list of these restored services which would likely be unsustainable without continued Measure A funding.

Exhibit 3 : City Services that would be existentially threatened by the sunset of Measure A

Currently Measure A accounts for 17% of Budgeted General Fund Revenues. City departments were required to provide a likely scenario for the case where 17% of their General Fund usage were to be eliminated, with the results included as Exhibit 3. The list at Exhibit 3 does not represent an action plan but does illustrate the difficult decisions that City Council would be forced to make, and the subsequent service impact that Citizens may feel as City services are impaired.

Finding II: The total compensation paid to City employees is not excessive when compared to those of other similarly situated public-sector employees.

Exhibit 4: Methodology Used when Preparing Compensation Studies and Negotiating Employee Salaries

The City regularly undergoes a process facilitated by an external consultant to ensure that employee remuneration is at the median or middle of market. Attached as Exhibit 4 is a detailed write-up of the methodology used to do so.

Exhibit 5: Memorandum of Understanding Appendices

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Attached at Exhibit 5 are the appendices from the Memorandum s of Understanding (MOUs) between the City and the bargaining groups outlining the COLAs and Market Adjustments made during this year’s labor negotiations demonstrating the effort to bring these classifications to the median of market.

Section III. Extension of Sunset

The sunset date of the taxes imposed by Measure A is hereby extended for a period of 10 years, through March 31, 2034.

Adoption of this ordinance does not modify the other means by which Measure A may be repealed or expire.

Adoption of this ordinance does not impair the ability of the Council to further extend the sunset of Measure A pursuant to paragraph (b) of Section 17 of Measure A.

Section IV. Severability

If any section of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provisions or application, and to this end the provisions of this act are severable.

Section V. Effective Date

This ordinance shall take effect and be in full force thirty (30) days after its passage.

ADOPTED: ___________________

EFFECTIVE: ___________________

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

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

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EXHIBIT 1
The Long-Range Financial Plan With and Without Measure A The Long-Range Financial Plan (L-RFP) projects the City’s financial state over the next twenty years. Measure A tax revenues contributed an average of $36 million per year to the General Fund since 2014. These revenues and the use of the funds are part of the financial projections in the L-RFP. The chart below shows the projected ending General Fund balance with Measure A revenues continuing to the end of the model.

As can be seen in the graph bel ow, without Measure A revenues the City would quickly start operating at a deficit, consuming General Fund reserves by FY 2027-28, and quickly returning the City to a state of insolvency. Extensive cuts to vital City Services would become necessary for the City to remain solvent.

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City Services Restored From Bankruptcy Levels Using General Fund:

Over the years that the transaction and use tax has been in effect, the City has leveraged the tax to affect considerable service recovery and delivery accomplishments:

Measure B Eligible Accomplishments
Measure A specifically:

1. Performed Neighborhood Betterment missions each year, including inspections, enforcement actions, property clean-ups, graffiti removal, and abandoned vehicle citations.

2. Overhauled the Police Department ’s radio system s, including a complete replacement of all 412 radios and implementation of the infrastructure to support them.

3. Put 114 Police and Office of Violence Prevention Vehicles into service.

4. Provided ongoing strategic Office of Violence Prevention efforts, includ ing employee placements, social services, educational advancements, housing assistance, ID & DMV issue resolution, and family relocations.

Selected General Service / Bankruptcy Recovery Accomplishments Made Possible by Measure A
Over the decade that Measure A has been in service, the General Fund:

5. Provided for the fueling and operation of the City ’s Police Helicopter and Unmanned Air Support program.

6. Resumed Cost of Living Adjustments for police officers. Cost-of-living and market adjustments increased Poli ce salaries by an average of 6.1% annually over the last five years.

7. Added four Human Resources and Administrative Services Department positions.

8. Provided for a police wellness staff member and wellness program.

9. Performed clean-up efforts related to the C ity’s unhoused population consistent with Marshall Plan recommendation “Reclaim Neighborhoods: Disorder & Blight Reduction.”

10. Provided for community clean -ups/Clean City initiatives consistent with Marshall Plan recommendation “Reclaim Neighborhoods: Disorder & Blight Reduction.“

11. Maintained the Integrated Ballistics Identification (IBIS) System, software that allows for enhanced forensics in gun-related crimes.

12. Implemented Police Body Cameras.

13. Provided for the restoration and reopening of Fire Station No. 1, including facility improvements and the procurement of furniture, firefighting tools, and equipment. 890
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14. Increased Fire sworn staffing levels 17 positions, with 9 positions for Station No. 1 which will be fully funded by the General Fund when the Staffing for Adequate Fire and Emergency Response (SAFER) grant ends.

15. Expanded the Fire Dispatch Center by 10 positions.

16. Implemented a fireworks program designed to decrease the possession and use of illegal fireworks through public awareness and enforcement.

17. Replaced outdated cardiac monitor/defibrillator equipment for emergency cardiac care.

18. Added a second fire academy per year to meet firefighter retention demands.

19. Added an Emergency Manager position that is responsible for emergency mitigation, preparedness, response, and recovery.

20. Allowed for Street Maintenance efforts, including: resurfacing streets, installing striped edge line lanes, improving sidewalk tripping hazards address, replacing sidewalks, sealing roadway cracks, street lighting improvement, and filling potholes.

21. Provided for tree services, including stump removal, tree s trimmed at City Parks, and removed dead and hazardous trees citywide.

22. Helped fund parks maintenance and improvements, including replenishing playground surfacing; sports courts resurfacing; repairing and replacing playground structures; remodeling park restrooms; improvements to Pixie Woods’ boat, bridge, concession stands, irrigation system, and carousel; swimming pool repairs; Van Buskirk gym floor replacement; Victory Park tennis courts lighting improvements; Weber Point Events Center shade structure maintenance; and Oak Park ball field improvements.

23. Supported one-time costs associated with reopening the Fair Oaks Library in 2017, which was closed during the bankruptcy.

24. Performed field maintenance supporting youth and adult sports at City parks.

25. Allocated $2 million in grant funding for expanded Youth Service programming in FY 2023-24.

26. Investment in the Animal Shelter operations resulting in significantly improved live release rates.

27. Resumed and expanded staff training efforts, such as the City Manager ’s Leadership Academy.

28. Provided a complete replacement of all public safety radios; nearly every radio was beyond its useful life, and implemented and funded a replacement schedule for radio equipment. Completed installation of a new radio infrastructure core and new network infrastructure.
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EXHIBIT 2

29. Internal self -insurance fund resources have been restored to positive balances from negative $48 million.

30. Implemented a modernized Human Resources and Financial System resulting in increased financial accountability and efficiency.

The above list represents “one-time” and ongoing initiatives that might not have been possible without Measure A proceeds. The ongoing costs associated would likely make maintaining some of these efforts infeasible. Reproducing the “one-time” efforts the next time they are needed, such as the next financial system implementation or the next refresh of radio equipment or law enforcement vehicles would become very difficult without the continuation of Measure A revenues, eventually returning many service areas back to bankruptcy levels.
892
EXHIBIT 3
City Services that would be existentially threatened by the sunset of Measure A Select Impacts of 17% General Fund Reduction on Key Departments Department Citizen Impact
Police*
Elimination of 155 sworn police positions. Authorized strength would be reduced to 330 from 485, permanently impacting our ability to restore services to the community and our gun violence reduction strategy.

Additionally, there would be staffing cuts in Neighborhood Services, eliminating the Neighborhood Betterment Team funde d by Measure A.

Many support positions would be eliminated, further impacting department operations. Maintaining public safety positions is critical to our community's safety.

Office of
Violence
Prevention*
The Office of Violence Prevention (OVP) faces t otal closure. The department's staff, once 16 strong, would be slashed in half, reverting to pre-Marshall Plan era staffing levels. This extreme budget cut would incapacitate the Office of Violence Prevention, severely impairing their ability to combat gun and gang violence effectively in the community.

The consequences would be dire: a breakdown in conflict mediation could fuel a surge in gang violence. The OVP's shooting emergency response program, a crucial peacekeeping initiative, would be eliminated, h eightening the risk of retaliation without intervention.

This significant budget cut threatens to plunge the City of Stockton back to the alarming homicide levels of 2012, reminiscent of the pre-Marshall Plan era when the city experienced its highest recorded number of homicides—72.

Fire
Department
Total reduction in sworn fire personnel of approximately 30% to meet the 17% budget reduction target. Immediate response areas affected by the closures of three (3) engine companies and one (1) additional truck co mpany will nearly double response times; and the effective response force on -scene time will almost triple the national standard identified in National Fire Protection Association (NFPA) 1710.

Elimination of three engine companies will also result in the c losure of three (3) fire stations as there will be insufficient number of personnel 893
EXHIBIT 3
on duty each day to keep all fire stations open. Only 10 out of 13 fire stations will remain open.

There will be limited resources for firefighting, medical, and all other services provided to citizens and businesses throughout the City; which will have a substantial impact on the Fire Department's ability to respond to emergencies.

Reduction of relief crew will impact daily staffing levels as less staff will be available to fill in for absences due to illness, injuries, required training, or vacation.

Loss of three engine companies and one truck company identified above will bring the total number of sworn personnel below the required SAFER grant minimum staffing main tenance requirement, resulting in to the potential loss of grant funds and the reduction of an additional 16 grant-funded firefighters.

Contracted services for illegal dumping and homeless encampment cleanups will be reduced to about 50% leaving a large amount of garbage and debris across the City.

Community
Services
Reduction of security guard presence in Community Centers, fields, and aquatics, resulting in a loss of patron confidence in visiting centers, and participation in sports programs. Shootings have occurred at four facilities this year. Increased levels of vandalism and break -ins to facilities, and unruly behavior will be more difficult to stop and prevent.

Additional funds were requested for FY 2023 -24 for security services because of patron feedback; seniors and others report feeling unsafe without guards.

Stockton Arts Commission annual grants would have to be scaled back, resulting in reduced support of local artists and mural beautification projects.

Reduce field maintenance (Stockton Soccer Complex, Misty Holt-Singh, Louis Park), resulting in increased weeds and general health of playfields negatively impacting sports activities and creating safety hazards and poor aesthetic appearance. Lo ss of revenue from field rentals and tournaments.
894
EXHIBIT 3

Eliminate library and community center staff, resulting in a reduction of open hours, including evening and weekend hours. This would further reduce programming available to patrons, access to resources, literacy programming, community-specific programs, and youth/adult activities.

Reduce Library Materials, Resulting in City patrons waiting for digital books exasperating the already long wait times for materials as demand for digital items is increasing; fewer copies of newly released physical materials; patrons will need to wait longer.

Eliminate support staff, resulting in an inability to support picnic rentals; slow response times to customer inquiries; delayed invoice processing and payment; extended timeline to fill vacant positions; reduced support of Stockton Arts and Parks and Recreation commissions; slower updates to websites.

Shut down the Oak Park Ice Rink. The Oak Park Ice Rink is the only Ice Rink in this region and used by several organizations in the area, including St. Mary's high school. Total to operate is approximately $1.1 million per year, and currently generates approximately $500,000 of operating revenues which helps to offset yearly operating costs.

Downscale special events such as Fourth of July, Christmas Parade/Tree Lighting, and Concerts in the Park.

Institute a seasonal closure of the Civic Auditorium, resulting in one full- time position reduction and decreased utilization by the public.

Downscale landscaping and maintenance of Pixie Woods, resulting in a less well-kept and enjoyable park.

*Due to Police and OVP utilizing 65% of Measure A funding under Measure B, these departments were asked to provide a scenario which depicted the elimination of all Measure B expenditures and their percentage of the 35% remaining in the General Fund, rather than the flat 17% scenario that other departments were asked to prepare.

895
EXHIBIT 4
Methodology Used when Preparing Compensation Studies and Negotiating Employee Salaries
During negotiations of successor Memoranda of Understanding (MOU) with the City ’s Safety and Miscellaneous bargaining units, the City utilizes the services of an external consultant to conduct a comprehensive compensation study to use as a tool for negotiating employee salaries. The compensation study helps the City ensure that employees receive fair and equitable compensation to attract and retain talented individuals.

The compensation survey parameters include the selection of public agencies that are used to compare wages and benefits of the City of Stockton. These comparable agencies are selected based on public service employers with whom the City would compete for employees, the size and complexity of the agency, the geographic proximity, and the nature of services provided. During the most recent contract negotiations for Safety in 2022 and with the Miscellaneous bargaining units in 2023, the City utilized the following agencies:
 The Stockton Police Officers ’ Association (SPOA) and the Stockton Police Management Association (SPMA): Bay Area Rapid Transit (BART), City of Bakersfield, City of Elk Grove, City of Fresno, City of Livermore, City of Modesto, City of Ontario, City of Pomona, City of Riverside, City of Sacramento, City of San Bernardino, City of Tracy, and County of San Joaquin.
 The Stockton Firefighters Local 456 (Fire) and Stockton Fire Management Unit:

Alameda County Fire Department, City of Bakersfield, City of Fresno, City of Modesto, City of Ontario, City of Pleasanton, City of Sacramento, San Joaquin Fire Authority (Tracy), Cosumnes Community Services District, County of San Bernardino, Sacramento Metro Fire Department.
 Miscellaneous Units and Unr epresented Management/Confidential and Law Employees: City of Bakersfield, City of Chula Vista, City of Fairfield, City of Fremont, City of Hayward, City of Livermore, City of Lodi, City of Manteca, City of Modesto, City of Riverside, City of Sacramento, City of Salinas, City of San Bernardino, San Joaquin County, City of Tracy.

The consultant gathers key salary and benefits data from comparable agencies to determine the City’s position in the labor market based on the median of the market. The labor market median is described as the “middle” of the market and is a common market position because the data is less likely to be skewed by outliers (high and low -paying agencies in the market). The City ’s philosophy for salary increases is to offer a combination of Cost-of-Living Adjustment (COLA) and Market Adjustment increases that will move employees to the median of the market based on total compensation. The City has accomplished moving employees near or at the median of the market during the 2022 and 2023 MOU contract negotiations. The exception is the Operations and Maintenance (O&M) and Trades and Maintenance (T&M) units which have not yet reached an agreement on successor MOUs. Some classifications in these units remain with salaries under the median of the market.
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971
Measure A
Extension
Second Public
Hearing
December 5, 2023
Agenda Item 16.2
972
• ¾ Percent Sales and Use Tax
• $36 million average in General Revenue
• 17% of General Fund Revenues
• Tax will sunset after 10 Years
• Extension requires two Public Hearings
and adoption of findings
2 Measure A Overview
• ¾ Percent Sales and Use Tax
• $36 million average in General
Revenue
• 17% of General Fund Revenues
• Tax will sunset after 10 Years
• Extension requires two Public
Hearings and adoption of findings
973
• ¾ Percent Sales and Use Tax
• $36 million average in General Revenue
• 17% of General Fund Revenues
• Tax will sunset after 10 Years
• Extension requires two Public Hearings
and adoption of findings
3 Extension Timeline

1. November 13 – Measure A Committee
Reviewed Findings

2. November 14 – First Public Hearing

3. November 20 – Measure A Committee
Second Review of Findings

4. December 5 – Second Public Hearing
and vote to extend
974

APPROVED BY VOTERS
Measures A and B were approved by voters as a General Tax.

MEASURE B
• Nonbinding advisory measure
• Created 120 new police positions
• Advised 65% prioritized for Law Enforcement & Crime Prevention AUDITS
Subject to the General Fund (ACFR) Audit, Agreed Upon Procedures Attestation, and Most recently an internal performance audit 4 Approved by Voters
Measures A and B were
approved by voters as a General
Tax
Measure B
Advised 65% Prioritized for Law
Enforcement & Crime Prevention
Healthy City
Instrumental to a fiscally healthy
City that can perform basic
services
BackgroundBackground
975
976
Sunset Provision
Section 17 of the ordinance
Sunset of Tax. The taxes imposed by this
Ordinance shall remain effective until:
(i) the City Council or the voters repeal it
(ii) The City has experienced economic
recovery
(iii)Ten years from the date the tax is
first collected.
977
Extension and Findings
Revenues continue to
be necessary
The revenues continue
to be necessary to
accomplish the
purposes* of this
Ordinance
*SECTION 21
The proceeds of the taxes imposed by this Ordinance may be used for any lawful purpose of the City.

Employee compensation
is not excessive
The total compensation
paid to City Employees is
not excessive when
compared to similarly
situated public employees
Section 17 (b) In order to extend the sunset, Council
needs two publicly noticed hearings to adopt findings
based on evidence that:
978
Employee Salaries are NOT
excessive Compared to
Similarly Situated Agencies
Employee Salaries are NOT
excessive Compared to
Similarly Situated Agencies

MOUS ARE REGULARLY

NEGOTIATED
The City uses an
external consultant
who compares City
employee
compensation to
other agencies

THE MIDDLE OF THE

MARKET RATE
The City
targets the
labor market
median
(middle)

MARKET ADJUSTMENTS
Market
adjustments
based on the study
are negotiated
and included in
labor agreements
979
Without Measure A, the City will expend its reserves by the end of FY 2027-28 and become insolvent unless significant cuts to vital city services are made.

Impact on Long-Range Financial PlanImpact on Long-Range Financial Plan Fund Balance without
Measure A
Fund Balance with
Measure A
980
• 17% of General Fund
• Loss = Massive cuts to nearly every service area
• Reduced police force and response times
• Effective Elimination of Violence Prevention
• Closure of three fire stations doubling response
times
• Reduction of Library Open Hours
• Closure of Oak Park Ice Rink
• Severe reductions in park maintenance and
watering
• Reduced cleanups of homeless encampments
10 Measure A is NECESSARYMeasure A is NECESSARY
981
Marshall Plan Recommendations
95% 96% 92% 92% 97% 96% 95% 91% 82% 75%
365
405
445
485
6/30/2014 6/30/2017 6/30/2019 6/30/2021 6/30/2023
Authorized Police Officer Positions
% Hired Authorized Sworn Postions
49 58
71 32
49 49 49 55
33 34
56 39 42
2010 2012 2014 2016 2018 2020 2022
Homicides
Measure A
Effective
4/1/14

1. Operation Ceasefire
Strategically partner with high-risk
individuals

2. OVP/Outreach Workers
Leverage targeted resources and
services that alleviate violent crime
factors

3. Neighborhood Betterment
Team Improve the areas where
crime happens

4. Add 120 Police Officer
Positions Budgeted positions
increased to 485. Filled to 97% in
FY 2017-18
982
Authorized Number
of Positions
983
Updating the Measure B Spending
Plan with the Extension
13 984
• The Measure A Performance Audit released in
October 2023 recommended:
• Leverage Salary Savings for greater retention
• Create expenditure Guidelines to help identify
Measure B eligible costs
• To address these recommendations, the City
will:
• Reimagine Key Performance Indicators (KPIs) and
publish successes
• Develop Measure B Expenditure Guidelines
• Reallocate salary savings for better retention
• The Measure A Performance Audit released in
October 2023 recommended:
• Leverage Salary Savings for greater retention
• Create expenditure Guidelines to help identify
Measure B eligible costs
• To address these recommendations, the City
will:
• Reimagine Key Performance Indicators (KPIs) and
publish successes
• Develop Measure B Expenditure Guidelines
• Reallocate salary savings for better retention
14 Better StrategiesBetter Strategies
985
A historic breakthrough in Police retention:
• Reprogram 60 unfilled positions towards
retention and recruitment
• Existing budgeted funds will be reprogrammed
• Subject to the extension of Measure A and
economic feasibility
• Assessed annually for opportunity to restore
sworn positions
Will make the City more competitive in the Law
Enforcement recruitment marketplace.

A historic breakthrough in Police retention:
• Reprogram 60 unfilled positions towards
retention and recruitment
• Existing budgeted funds will be reprogrammed
• Subject to the extension of Measure A and
economic feasibility
• Assessed annually for opportunity to restore
sworn positions
Will make the City more competitive in the Law
Enforcement recruitment marketplace.

A New Retention PlanA New Retention Plan
986
Recommendations
At the conclusion of the Public Hearing:

1. Approve an ordinance which adopts
requisite findings and extends the sunset
of the tax measure, and

2. Approve a resolution amending the
authorized positions in the FY 2023-24
Annual Budget.
987

City Council and Concurrent AuthoritiesDecember 5, 2023

City Council and Concurrent Authorities
December 5, 2023