City Council and Concurrent Authorities
September 17, 2024

Professional Services Contract – HDR ENGINEERING INC. – PROJECT NO. WT24037 (Updated 010/18/23)
B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E).

The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

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

D. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the Consultant choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the Consultant shall reimburse

Professional Services Contract – HDR ENGINEERING INC. – PROJECT NO. WT24037 (Updated 010/18/23)
the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to City the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by Consultant, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. APPRENTICESHIP STANDARDS The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with Appendix E of the Title VI Assurances attached as Exhibit F.

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

Professional Services Contract – HDR ENGINEERING INC. – PROJECT NO. WT24037 (Updated 010/18/23)

7. RIGHTS AND DUTIES OF CITY. City shall make available to Consultant all data and information in the possession of City which both parties deem necessary to complete the work, and City shall actively aid and assist Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.

8. OBLIGATIONS OF CONSULTANT. Throughout the term of this Contract, Consultant represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

9. OWNERSHIP OF WORK. All reports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Consultant shall keep materials confidential.

Materials shall not be used for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

11. TERMINATION. The City may terminate this Contract upon thirty (30) calendar days written notice to Consultant with the reason for termination stated in the notice. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

Professional Services Contract – HDR ENGINEERING INC. – PROJECT NO. WT24037 (Updated 010/18/23)

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant. The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

A. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written 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 required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To Consultant: HDR Engineering, Inc. To City: Public Works Director 3003 Oak Road City of Stockton
Suite 500 22 E. Weber Ave., Rm. 301
Walnut Creek, CA 94597 Stockton, CA 95202

Professional Services Contract – HDR ENGINEERING INC. – PROJECT NO. WT24037 (Updated 010/18/23)

16. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all 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 representative, 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 information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with 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 investment that would be affected in any manner 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 Consultant 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 Contract 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.

(Updated 010/18/23)

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 amended 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 occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. STATE PROVISIONS. Consultant shall comply with the State Funded Consultant Contract Provisions which are attached hereto as Exhibit “G” and incorporated herein by this reference.

25. 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.

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

27. 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 – HDR ENGINEERING INC. – PROJECT NO. WT24037

Professional Services Contract – HDR ENGINEERING INC. – PROJECT NO. WT24037 (Updated 010/18/23)
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON HDR ENGINEERING, INC.

By: By:

HARRY BLACK Signature

CITY MANAGER
ATTEST:

Print Name
By: ______
KATHERINE ROLAND, CMC, CPMC Title:

INTERIM CITY CLERK
APPROVED AS TO FORM:

By:

DEPUTY CITY ATTORNEY

City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
Task 1. Background Research
Task 1.1. Collect and Review Existing Data
HDR will request and review existing topographic mapping, photos/images, right of way maps, as-built plans, record maps, surveys, assessor maps, and local street improvement plans for the project.

Task 1.2. Field Investigations
HDR will conduct a site visit to field verify existing conditions along the corridor. HDR will document the site visit by taking photos that can be referenced during preliminary engineering design. It is anticipated that no traffic control will be required during the site visit.

Task 1.3. Utility Research and Mapping (A Letters)
HDR will request facility map information from utility companies and public agencies within the project limits (up to 8 total). The Utility Request Letter (Utility Letter A) will provide a description of the proposed project scope, its limits, and a vicinity map. The Letter will formally request utility location mapping showing the location of existing utility facilities, size, capacity, load, and what rights they have to be within the project limits.

The documentation received from the utility companies will be reviewed and incorporated into an existing utilities base map. The existing utility base map will include the utility owner, size, and capacity/load if available.

This scope of work does not include services to coordinate utility conflict resolution, utility relocations or modifications, utility potholing, utility service requests, Utility Letter B, Utility Letter C.

Task 1.4. Survey
HDR will establish a survey control network for the project and set aerial control panels at locations and frequency adequate to meet National Mapping Accuracy Standards of 1” = 40’ scale mapping with 1’ contour intervals. HDR will prepare aerial based mapping at the stated mapping scale and contour interval showing all visible surface features within the mapping limits. HDR will prepare color digital background imagery utilizing aerial photography; the imagery will be rectified within the ground control limits.

This mapping and photography are intended to depict the current horizontal conditions such as lane configuration, striping, hardscape limits (curb, gutter, and sidewalk), identify evidence of utilities, and to assist with right of way configuration and layout.

TASK 1 ASSUMPTIONS
This scope of services excludes the following:
 Setting or resetting of monuments damaged or destroyed during construction.  Topographical surveys. Only an aerial survey will be conducted with review of available record maps to identify existing R/W.
 Post-construction Record of Survey or Corner Records.  Construction staking or construction phase surveys.
 Preparation of legal descriptions/exhibits, grant deeds, appraisal mapping, etc.

TASK 1 DELIVERABLES:
 Utility contact summary in .xlsx format.
 Digital file of mapping in AutoCAD Civil 3D format.
 Digital aerial photos in .tif and/or .jpg format.

EXHIBIT A Page 10 of 62 EXHIBIT 2 942
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
Task 2. Environmental Services
This task assumes the project team will prepare environmental documents and technical studies to support one build and one no-build alternative to support approval of a Categorical Exemption from CEQA (City of Stockton as lead agency).

Task 2.1. Coordination
This task includes project oversight and coordination with the City and the Project Team via phone calls and email correspondence to the services identified in this proposal. The Environmental Team will coordinate to resolve outstanding information needs. HDR assumes up to two virtual meetings with the City will be required to receive confirmation on the level of technical documents required to achieve CEQA environmental clearance for the Project. The City will be copied on correspondence and provided a summary via email of phone discussions and correspondence not directed to the City.

Task 2.2. Project Description and Environmental Study Limits When consensus is reached on the scope of the Build Alternative, the Environmental Team will develop the Purpose and Need Statement and the Project Description for the proposed Project. HDR will include Project Location and Vicinity Figures that depict the Environmental Study Limits for the Project with the Project Description.

HDR will develop Impact Strip Maps for the Build Alternative. The Impact Strip Maps will depict the environmental study limits, right-of-way, permanent and temporary impact areas, tree removal, parking impacts and Project features on aerial imagery. The Impact Strip Maps will be revised no more than two (2) times as Project features are defined.

Task 2.3. Environmental Technical Studies
HDR will prepare the Biological Resources Memo and Floodplain Evaluation Summary Form following concurrence by the City on the preliminary geometric alignment of the build alternative.

Task 2.3.1. Biological Resources
HDR anticipates that a Biological Resources Memo would be the appropriate level of documentation for the project. HDR will prepare a biological study area (BSA) based on the environmental study limits and impact maps. HDR will then conduct preliminary desktop investigations that include various biological database searches, including a search of the California Natural Diversity Database (CNDDB), the California Native Plant Society’s (CNPS) Electronic Inventory, and the California Wildlife Habitat Relationships database. A formal list of special-status species with potential to occur in the area will be requested from the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) to develop a comprehensive list of special-status species to be evaluated in the Memo. The potential presence of plant, animal, or habitat considered sensitive, threatened, endangered, or otherwise unique by USFWS, CDFW, or CNPS will be evaluated. It is assumed that neither USFWS nor NMFS consultation will be required.

If necessary, a biologist will conduct a reconnaissance-level survey of the readily accessible areas of the biological study area. It is assumed that the biologist will be able to survey impact areas and ¼ mile buffer (SWHA country) in one field day. SJCOG coordination would be straightforward given the urban EXHIBIT A Page 11 of 62 EXHIBIT 2 943
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
environment and minimal impacts to natural habitats/species. A qualified biologist would perform a tree inventory of the BSA, where accessible. The result of the tree inventory would be included in the memo.

Task 2.3.2. Hydraulic Study
Based on HDR’s preliminary qualitative assessments, the Project is expected to have minimal floodplain encroachment. Therefore, HDR will prepare a hydraulic study memo.

Task 2.4 CEQA Documentation (Memorandum)
Drafting and finalizing the CEQA memo for the City’s approval is also included in this scope (The City will use CEQA memo to obtain NOE).

Task 2 Assumptions:
 This proposal and cost estimate is based on a fair and reasoned estimate of the effort required to advance and secure environmental clearance for the Project on behalf of the City. This proposal is based on the project information provided by the City in the Request for Proposals issued on September 27, 2023. Additional scope and budget may be required if the limits of the project or scope of the project change substantially, or if currently unknown circumstances arise in a manner affecting the technical studies or environmental documentation needed.  To reduce costs, this scope and cost estimate does not include in-person meetings. Additional scope and budget will be required should in-person meetings be needed.  Draft (City and County review) and Final (City and County approved) versions of CEQA memo will be prepared. Additional versions would require additional scope and budget. Reviewers will consolidate their comments where feasible. Deliverables will be submitted electronically via email or file sharing. No hard copies will be prepared.
 It is assumed that NEPA compliance documentation will be prepared during a later phase.

Therefore, this scope does not include NEPA compliance. Additional scope and budget will be required should NEPA compliance be added to scope.
 Completion of the PES form is not included in this scope.  The scope of work is limited to evaluating the existing conditions and one build alternative.

Additional build alternatives, design options, or design variants may require additional scope and budget.
 Scoping and/or attendance at public hearing or public meeting is not included in this scope and cost estimate.
 No permanent or temporary ROW would be required. The Project would not result in relocations or displacements of individual or business.
 The City will include the project on the San Joaquin Council of Governments (SJCOG) Federal Transportation Improvement Program and Federal Statewide Transportation Improvement Program. Support for Section 106 compliance, including the Screened Undertaking Memorandum is not included in this scope of work. AB52 under CEQA is not required for a CE, so scope and budget does not include tribal outreach or consultation with SHPO.  FHWA review or approval will not be required. Project is assumed to be exempt from SB743.  Air quality and greenhouse gas emissions would be qualitatively addressed for the CEQA memo, a construction memo or air quality report will not be required.  Construction noise can be qualitatively discussed in the CEQA memo, a separate report or memorandum will not be required. The City will prepare a noise study if it is required.  Caltrans will determine the appropriate documentation for Section 106 compliance during a later phase, if required.

EXHIBIT A Page 12 of 62 EXHIBIT 2 944
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
 Aquatic Resources Delineation Report is not required. The scope of work does not include coordination with regulatory agencies for Section 401 Water Quality Certification, Section 404 Permit, or Section 1602 Streambed Alteration Agreement.  Biologist will be able to survey impact areas and up to 0.25-mile buffer (SWHA country) in one field day. SJCOG coordination would be straightforward given urban environment and minimal impacts to natural habitats/species. Qualified biologist will take up to two field days. Protocol surveys will not be required.
 Endangered Species Act Section 7 consultation will not be required. Scope and cost estimate does not include preparation of a Biological Assessment or Letter of Concurrence.  Encroachment permits or rights of entry required to prepare the technical studies will be provided at no cost to HDR.
 ROW acquisitions will not be needed.
 An ISA or Phase I ESA will not be required.
 Data collection and documents research will include historical land use based on study of aerial photographs and other relevant documents. No field exploration and/or testing is included.  Project will result in no encroachment or impacts on floodplain.  Deliverables will be submitted electronically via email or file sharing.  The City will post the NOE at the State Clearinghouse and County, if needed. The City will pay any necessary filing fees directly. The City may elect to post the environmental documents onto a local agency website. Neither the environmental documents nor the technical studies will be posted on Caltrans website. No deliverables will need to be Section 508 or PAC3 compliant.

Task 2 Deliverables:
 Project Description
 Purpose and Need Statement
 Project Location and Vicinity Figures
 Impact Strip Maps
 Biological Resources Memorandum
 Hydraulic Study Memorandum
 CEQA Memorandum
Task 3. Traffic Analyses
Task 3.1. Existing Traffic Operations
HDR will review historical studies and City of Stockton and San Joaquin County existing and future daily, peak period, and peak hour turning movement counts, roadway volumes, and pedestrian/bicycle movements used to support other transportation analysis in the study area. Turning movement counts for the AM (7-9 AM), midday (11 AM – 1 PM), and PM (4-6 PM), including pedestrian and bicycle movements, for the following intersections will be collected:
 Alpine Avenue and Pershing Avenue
 Mendocino Avenue and Pershing Avenue
 Mendocino Avenue and Kensington Way
 Ryde Avenue and Alpine Avenue
 Plymouth Road and Alpine Avenue
 Delaware Avenue and Alpine Avenue
 Mission Road and Alpine Avenue
EXHIBIT A Page 13 of 62 EXHIBIT 2 945
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
Day traffic counts classified by axles and for pedestrian and bicycles will be done for the following roadways:
 Alpine Avenue west of Pershing Avenue
 Pershing Avenue between Alpine Avenue and Mendocino Avenue  Mendocino Avenue between Pershing Avenue and Kensington Way.

Google Earth will be used to determine lane widths and inputs into the Synchro traffic operations model.

The existing signal timing for the Alpine Avenue and Pershing Avenue will be collected from the City of Stockton. The Statewide Integrated Traffic Records System (SWITRS) will be used to gather the collision records for the last five years within our study intersections and roadways. HDR will produce a memo documenting the results of the existing analysis.

Task 3.2. Future Traffic Operations
HDR will review the City of Stockton and San Joaquin County General Plans to develop a reasonable longrange traffic growth percentage for future conditions, which would represent 20 years from project opening year. The future conditions will include a signal at Mendocino Avenue and Pershing Avenue. The future analysis will produce the signal timing for the intersection to operate at acceptable LOS. Mendocino Avenue will have a two-way left turn lane with parking on the north and south side of the street. An evaluation of the new configuration of the two-way stop-controlled intersection at Mendocino Avenue and Kensington Way.

HDR will use the pedestrian and bicycle data to provide an active transportation analysis. Specifically, evaluating the mid-block cross walk east of Manchester Avenue. The evaluation will look at signing or if signal will be needed in the future conditions.

TASK 3 DELIVERABLE:
 Draft Traffic Memo including existing and future traffic counts (PDF)  Final Traffic Memo signed and stamped by Traffic Engineer (PDF) Task 4. Preliminary Engineering (40% Design)
Task 4.1. Preliminary Plans
The HDR team will develop preliminary layouts for the build alternative to support the project environmental studies (PES) form. The plans will include layout plan sheets. HDR will submit the plan set to the City for comments and responses. Comments from the City will be documented in a comment response format and preliminary responses assigned. If there are questions about the comments or their needs additional discussion on a topic, the HDR team will schedule a meeting with City staff to discuss. Meeting notes will document the disposition of comments.

It is assumed that there will likely be design exceptions under Caltrans R/W for non-standard lane widths.

This scope of services excludes design exception fact sheets development as that will be done during final PS&E design. HDR will show the location of the traffic signal at Alpine/Pershing and Mendocino Pershing intersections and three RRFB locations along Alpine Ave. In addition, the placement of the proposed curb ramps, traffic signal and RRFB poles, service equipment enclosures and controller cabinets will be carefully considered due to the residential proximity with multiple driveways located near the new traffic signal and RRFB intersections. Detailed design plans will not be included in this phase of the project.

EXHIBIT A Page 14 of 62 EXHIBIT 2 946
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
Task 4.2. 40% Design
HDR will update the project plans to a 40% level of design based on preliminary plan comments provided by the City. The 40% Design will include the title sheet, general note sheet, typical sections and the layout sheets. We will also incorporate changes that may have been identified through the environmental document process. It is assumed that the City will review the 40% Design to confirm that it is consistent with the environmental document and that any design modifications or additional details will be developed during subsequent phases of project development and is not included in this scope of services.

Task 4.3. Pavement Strategy Memo
HDR will prepare a Pavement Strategy Checklist for the preferred alternative. To develop the checklist a preliminary pavement condition evaluation will be performed. The evaluation will include a visual inspection of existing pavement to determine general pavement condition, limits of potential dig-out locations, identify areas of potential subsurface degradation. The evaluation will also include review of Pavement Condition Index for each road segment (if available) and review of available geotechnical/geologic reports pertinent to the project area. The Pavement Strategy Checklist will identify the areas of the project which involve pavement, issues associated with the existing and proposed pavement, geologic/geotechnical conditions that may affect pavement performance, provide paving strategies, benefits and risks for each paving strategy, and other potential issues associated with project pavement.

Task 4 Assumptions and Exclusions
 Two rounds of compiled preliminary plan comments from the City (City will obtain and include County comments).
 No coordination with utility company will be conducted for new services and relocations.  Attend 2 virtual meetings
 No Design Service Decision Document (DSDD) for Caltrans required for this phase  No utility potholing will be conducted.
 No field geotechnical field borings will be conducted.  Preliminary Landscape concepts will be deferred to the subsequent PS&E phase.

Task 4 Deliverables:
 Preliminary Plans (20 sheets total - PDF)
o Layout Plan Sheets (16 plan sheets, at 20 scale - PDF)  Preliminary plan comment responses (draft and final)
 Attend two virtual meetings (assuming 1 hour per meeting)  40% Plans (PDF and AutoCAD electronic files)
o Title Sheet (1 sheet)
o General Notes sheet (1 sheet)
o Typical Sections sheets (2 sheets)
o Layout Plan Sheets (16 plan sheets, at 20 scale)
 40% Cost Estimate (Engineer’s Estimate in Electronic format)  Plan graphics for public meeting
Task 5. Public Outreach
Task 5.1 Public Outreach & Engagement Plan
HDR will develop, in collaboration with the City of Stockton, a targeted Public Outreach & Engagement Plan that will highlight the public outreach and community engagement aspects of the Alpine-PershingMendocino Bicycle-Pedestrian Connectivity project through Preliminary Assessment/Environmental EXHIBIT A Page 15 of 62 EXHIBIT 2 947
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
Document (PA/ED). This project roadmap will outline outreach strategies and tactics to communicate project benefits and information to the public (residents, businesses, and area motorists), project stakeholders, community and equity-based organizations, and elected officials. The Public Outreach & Engagement Plan will outline key messages, strategies by audience, public outreach tools and materials, tactical action steps, schedules, and summary reports.

Task 5.2 Stakeholder Outreach
The Alpine-Pershing-Mendocino Bicycle-Pedestrian Connectivity project will adopt a comprehensive strategy to engage essential stakeholders. This approach will involve collaborating with community representatives from partner agencies, project stakeholders, organizations focusing on community and equity, as well as elected officials. The initiative will prioritize educating and informing these stakeholder representatives about the project, empowering them to disseminate information within their organizations, and actively seeking their valuable feedback. This outreach effort underscores the project's commitment to inclusive and informed decision-making.

Stakeholder outreach will include the following elements:

Task 5.2.1. Project Development Team (PDT) Meetings
HDR will establish a Project Development Team (PDT), consisting of partner agencies SJCDPW, Caltrans, RTD, the City of Stockton, and University of the Pacific. This team will monitor project activities from the Preliminary Assessment/Environmental Document (PA/ED) phase to the creation of the Draft Environmental Document. Each PDT member representative will act as the main contact for their organization, attending coordination meetings and subsequently updating their respective agencies on progress and project information. These meetings will not only facilitate information dissemination but also provide opportunities for members to stay informed about project advancements, public outreach efforts, and important updates throughout the Preliminary Assessment/Environmental Document (PA/ED) process.

Task 5.3 Public Meetings
In partnership and collaboration with the City of Stockton, HDR will facilitate the planning and implementation of one (1) in-person community meetings at a gathering location within the community to engage the public on the project. If necessary, the HDR team will facilitate the meetings in English.

Activities associated with this task will include:
 HDR will plan, organize, facilitate, and conduct one (1) public meeting that is open to area residents, businesses, key stakeholders, and community organizations.  For public meeting, develop and produce a meeting agenda (50 pieces), comment cards (50 pieces), one (1) informational handouts including a project fact sheet and a FAQ sheet (50 pieces each), up to three (3) printed 24-inch x 36-inch informational display boards, and a PowerPoint presentation.
 For public meeting, prepare a public meeting recap summary that includes a detailed overview of how the workshop was promoted/noticed, organized, facilitated, conducted, documentation of issues and comments from participants, and a list of action items/next steps.

Task 5 Assumptions:
 One (1) City (City will obtain County comments which will be included with City comments) draft review.
 City will be responsible for website programming and design services to implement the project webpage on www.StocktonCA.gov, whereas HDR will provide content including copy and graphics elements.

EXHIBIT A Page 16 of 62 EXHIBIT 2 948
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
 City will be responsible for securing a place for the public meeting. HDR will assist the City in identifying appropriate requirements for the meeting location.  City will be responsible for social media sites (Facebook and Twitter) to push out project related social media content.
 HDR will prepare the public meeting notification letter that will be reproduced and distributed/mailed by the City.
 Advertisement, informational handouts, FAQ sheets and display boards, will be billed back to the City of Stockton as ODC.
 No Spanish translator is anticipated at the public outreach event at this time Task 5 Deliverables:
 One (1) Public Outreach Plan
 One (1) in-person public meeting (approximately 1-1.5 hours in duration)  One (1) outreach canvassing activity with up to two (2) HDR staff (up to 8 hours in duration) with canvassing recap report.
 One (1) public meeting notification letter.
 Supportive collateral materials for each public meeting to include meeting agenda (50 pieces), comment cards (50 pieces), one (1) informational handout (50 pieces each), up to three (3) printed 24-inch x 36-inch informational display board.
 PowerPoint presentation for each public meeting
 Recap summary report for each public meeting
Task 6. Project Management and Coordination Meetings
HDR will assist, plan, organize, and monitor project work activities and resources in accordance with contracted scope, schedule, and budget. This task will include managing the team, coordinating with the City of Stockton (City), and includes preparing contract paperwork, memos, letters, and e-mail, making phone calls, and maintaining project files. This activity commences with receiving the Notice-To-Proceed, continues through submittal of the key final project deliverables, and concludes when the project’s PR is signed. The PA&ED is anticipated to take 11 months.

Task 6.1. Project Administration
This task will include managing subconsultant contracts and planning for milestones requiring joint project team effort. Our project manager will develop and maintain a Project Schedule, prepare monthly invoices, and progress reports, and maintain project files. The monthly progress report will include a summary report of progress, including schedule and budget notes. It is assumed the project schedule will be updated monthly.

HDR will assist the project team, which includes general project coordination with the City, preparing contract paperwork, memo’s, letters, and e-mail, making phone calls, preparing invoices and monthly progress report, and maintaining project files. We will update the Critical Path Schedule (CPM) monthly to track performance and identify issues that could either delay or accelerate the schedule. Each submittal will clearly be shown in the CPM and tracked for internal progress and external review periods. The CPM will be presented as a discussion item at each Project Development Team (PDT) meeting. Other managerial duties include keeping the Project History file up to date.

Task 6.2. Meetings and Coordination
This task will include coordinating and scheduling meetings, periodically checking in on subconsultant progress, and assisting in communication between team members, City, and other. HDR will attend a EXHIBIT A Page 17 of 62 EXHIBIT 2 949
City of Stockton |
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project hdrinc.com
project kickoff meeting with the City and hold up to two (2) Project Development Team (PDT) meetings and six (6) check-in meetings with City staff to keep the project on track.

HDR will establish a Project Development Team (PDT) including members of the design team, City, County, and other individuals critical to the project delivery. This task includes preparing agendas and summarizing the meeting notes, including action items. Action items will be tracked until resolved. This scope assumes a total of 2 virtual meetings over the anticipated 11-month schedule.

Task 6.3. Quality Assurance / Quality Control
HDR will use their in-house specific Quality Management Plan that describes the quality procedures that will be implemented for work performed during the development, review, and approval of the preliminary engineering and environmental document. This task also includes performing QA/QC work on project deliverables.

TASK 6 DELIVERABLES:
 Project Schedule with monthly updates (up to 11)
 Monthly invoices and progress reports (up to 11)
 Meeting Agendas and Minutes for Kickoff Meeting:
 1 Kick-off Meeting
 2 PDT Meetings
 6 Check-In meetings
 QA/QC documentation
 Deliverables to be submitted in .pdf format unless specifically stated otherwise EXHIBIT A Page 18 of 62 EXHIBIT 2 950
COST PROPOSAL FOR PROJECT SCOPE ‐ City of Stockton: Alpine Pershing Mendocino Bicycle‐Pedestrian Connectivity Project HDR Engineering
Classifications:

HDR Principle In
Charge
HDR Project
Manager
Environmental
Lead
CEQA Lead
Environmental
Support
Planner
GIS
Technical Editor
Planner
Biologist
Biologist
Planner
Cultural Resources
Air Quality /Climate
Change
Traffic Lead
Traffic QAQC
Traffic Analysis
EIT Traffic
ITS Lead
Staff Names (if necessary): Garrett Low
Andrew
Sekioka
George
Gorman
Dawn
Edwards Cathy LaFata Aivy Le
Ruchi
Shrivastava Matt Hodgson Hillary Rolf Dan Williams Adam Fuentes Natalie Bogan John Lloyd Victoria Hsu Ravi
Narayanan Doug Smith David Petree
Alexis
Plancarte Vincent Fung
Loaded (FAR Multiplier x 10% profit) $ 314.31 $ 286.43 $ 224.51 $ 229.49 $ 345.02 $ 94.19 $ 205.10 $ 104.06 $ 136.47 $ 158.99 $ 96.05 $ 154.92 $ 210.39 $ 242.82 $ 292.55 $ 350.59 $ 176.40 $ 121.83 $ 257.51

1.0 BACKGROUND RESEARCH1.1 Collect and Review Existing Data 44

1.2 Field Investigations 8 8

1.3 Utility Research and Mapping (A Letters) 2

1.4 Survey Control & Aerial Base Mapping
Subtotal Phase 1 010 0 0 0 0 0 0 0 0 0 0 0 0 0 01240

2.0 ENVIRONMENTAL SERVICES2.1 Coordination 48 12

2.2 Project Description and Environmental Study Limits 4 8 24 2 8

2.3 Environmental Technical Studies

2.3.1 Biological Resources 4 0 8 4 40 40

2.3.2 Hydraulic Study 40

2.4 CEQA Documentation (NOE) 12 4 24 4 12 8
Subtotal Phase 2 028 020 048 12 632 40 4000800000

3.0 TRANSPORTATION ANALYSES3.1 Existing Traffic Operations and Safety Analysis 4 12 4 32 963.2 Future Traffic Operations and Safety Analysis 2 12 4 24 80 Subtotal Phase 3 0 6 0 0 0 0 0 0 0 0 0 0 0 024 856 176 0

4.0 PRELIMINARY ENGINEERING (40% DESIGN)

4.1 Preliminary Design 16 8

4.2 40% Plans 16 4

4.3 Pavement Strategy Memo 4
Subtotal Phase 4 036 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 012

5.0 PUBLIC OUTREACH5.1 Public Outreach & Engagement Plan 45.2 Stakeholder Outreach

5.2.1 Project Development Team Meetings 8 8

5.3 Public Meetings

5.3.1 Public Meeting Notification Letter 1

5.3.2 Project Fact Sheet & Project Map 15.3.4 Public Meeting Coordination 85.3.5 Public Meeting Materials 4 Subtotal Phase 5 02608000000000000000

6.0 COORDINATION MEETINGS

6.1 Project Administration 8 246.2 Meetings and Coordination 8 406.3 Quality Assurance / Quality Control 24 Subtotal Phase 6 16 8800000000000000000
TOTAL HOURS 16 194 0 28 0 48 12 6 32 40 40 0 0 8 24 8 68 180 12 OTHER DIRECT COSTSTOTAL COST $5,029 $55,568 $0 $6,426 $0 $4,521 $2,461 $624 $4,367 $6,360 $3,842 $0 $0 $1,943 $7,021 $2,805 $11,995 $21,930 $3,090

EXHIBIT B

EXHIBIT 2
951
Engineering Lead
Engineering
Support
Geotechnical Lead
Geologist2
Drainage and
Sotormwater Data
Drainage, Water
Quality, and
Stormwater Quality
Control Plan
Drainage, Water
Quality, and
Stormwater Quality
Control Plan
Floodplain
Evaluation
Summary Report
Drainage, Water
Quality, and
Stormwater Quality
Control Plan
Floodplain
Evaluation
Summary Report
Technical Editor
Strategic
Communications
Lead
Lead Senior
Strategic
Communications
Coordinator
Strategic
Communications
Graphic Designer
Strategic Communicaitons ‐
Database
Coordinator
Project Coordinator
Project Controller
Glenn
Armstrong Hayley Quan
Dave
Kitzmann Jason Olsson
Analette
Ochoa Andrew Chin Joyce Cheng
Kazuya
Tsurushita
Babak kaviani
Kosarkhizi Denny Zhu Paula Rek
Lisa Marie
Alley Tammy Teurn Susan Sugnet
Crystal
Wallace
Stefan
Vallecillo Sue Wang
5% Escalation in
2025 for 25% of
work
$ 275.48 $ 126.19 $ 264.36 $ 171.30 $ 346.71 $ 209.77 $ 200.37 $ 191.99 $ 132.19 $ 152.12 $ 111.70 $ 281.39 $ 135.28 $ 123.62 $ 108.28 $ 115.72 $ 180.76 48 20 $3,304.40 $41.31 $3,345.71
48 28 $5,814.12 $72.68 $5,886.80
420 26 $4,198.65 $52.48 $4,251.13
8 8 $1,009.55 $12.62 $15,752.48 $16,774.65
12 44 0 0 0 0 0 0 0 0 0 0 0 0 0 0 082 $14,326.72 $179.09 $15,752.48 $0.00 $0.00 $30,258.29 24 $4,619.26 $57.74 $4,677.00
24 70 $9,570.59 $119.63 $9,690.22
96 $13,404.62 $167.56 $13,572.18
1 4 4 816 24 4 65 $10,881.63 $136.02 $11,017.652 66 $11,709.57 $146.37 $11,855.94 0 24 0 0 3 4 4 816 24 4 0 0 0 0 0 0321 $50,185.67 $627.32 $0.00 $0.00 $0.00 $50,812.99 148 $23,399.55 $292.49 $23,692.04122 $19,466.14 $243.33 $19,709.47 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0270 $42,865.69 $535.82 $0.00 $0.00 $0.00 $43,401.51 80 250 354 $60,229.71 $752.87 $60,982.58
36 120 176 $30,673.43 $383.42 $31,056.85
24 40 2 70 $14,565.91 $182.07 $14,747.98
116 370 24 40 0 0 0 0 0 0 2 0 0 0 0 0 0600 $105,469.05 $1,318.36 $0.00 $0.00 $0.00 $106,787.41 10 10 10 34 $6,395.24 $79.94 $6,475.18
$0.00 $0.00
16 $4,127.39 $51.59 $4,178.98
1 2 8 12 $1,827.33 $22.84 $1,850.17
4 4 8 16 33 $4,976.89 $62.21 $5,039.10
16 24 $6,793.78 $84.92 $4,920.17 $11,798.87
12 16 24 56 $9,653.74 $120.67 $9,774.41
0 4 0 0 0 0 0 0 0 0 043 36 48 10 0 0175 $33,774.37 $422.17 $0.00 $0.00 $4,920.17 $39,116.71 16 16 64 $14,132.51 $176.66 $14,309.17
48 $13,971.77 $174.65 $14,146.4224 $6,874.38 $85.93 $6,960.31 0 0 0 0 0 0 0 0 0 0 0 0 0 0 016 16 136 $34,978.66 $437.24 $0.00 $0.00 $0.00 $35,415.90 128 442 24 40 3 4 4 816 24 643 36 48 10 16 16 1584
$9,392.70 $11,500.00 $0.00 $11,250.00 $32,142.70
$35,261 $55,777 $6,345 $6,852 $1,040 $839 $801 $1,536 $2,115 $3,651 $670 $12,100 $4,870 $5,934 $1,083 $1,852 $2,892 $290,992.86 $3,520.00 $27,252.48 $0.00 $16,170.17 $337,935.51 TOTAL COST Total
Hours
HDR Cost
Subconsultants
KSN
ICF
ImagenPR

EXHIBIT B

EXHIBIT 2
952
ID Task Name Start Finish Duration
1 Notice to Proceed Wed 6/26/24 Wed 6/26/24 0 days
2 Coordination Meetings Thu 6/27/24 Tue 12/17/24 122 days3 Kickoff Meeting Thu 6/27/24 Thu 6/27/24 0 days4 Monthly Coordination Meetings Tue 7/23/24 Tue 12/17/24 105 days5 Coordination Mtg #1 Tue 7/23/24 Tue 7/23/24 0 days6 Coordination Mtg #2 Tue 8/20/24 Tue 8/20/24 0 days7 Coordination Mtg #3 Tue 9/17/24 Tue 9/17/24 0 days8 Coordination Mtg #4 Tue 10/15/24 Tue 10/15/24 0 days9 Coordination Mtg #5 Tue 11/19/24 Tue 11/19/24 0 days 10 Coordination Mtg #6 Tue 12/17/24 Tue 12/17/24 0 days11 PDT Meeting #1 Tue 9/3/24 Tue 9/3/24 0 days12 PDT Meeting #2 Tue 10/29/24 Tue 10/29/24 0 days13 Background Research Wed 6/26/24 Tue 8/27/24 45 days14 Collect and Review Existing Data Wed 6/26/24 Tue 8/6/24 30 days15 Field Investigations Wed 6/26/24 Tue 7/2/24 5 days16 Utility Research & Mapping Wed 6/26/24 Tue 8/27/24 45 days17 Survey Wed 6/26/24 Fri 8/2/24 28 days18 Environmental Services (CEQA) Wed 6/26/24 Fri 1/10/25 143 days19 Project Description & Impact Maps Mon 9/16/24 Fri 10/11/24 20 days20 Draft Technical Studies Wed 6/26/24 Tue 9/24/24 65 days21 Draft CEQA Memorandum Wed 9/25/24 Fri 11/8/24 33 days22 Submit Draft Tech Studies and CEQA Memo to City Fri 11/8/24 Fri 11/8/24 0 days23 City Review Mon 11/11/24 Fri 12/6/24 20 days24 Final Technical Studies and CEQA Memo Mon 12/9/24 Fri 1/10/25 25 days25 Submit Final Tech Studies and CEQA Memo to City Fri 1/10/25 Fri 1/10/25 0 days26 Transportation Analysis Wed 8/7/24 Fri 1/10/25 113 days27 Existing Traffic Operations Wed 8/7/24 Tue 9/3/24 20 days28 Future Traffic Operations Wed 9/4/24 Fri 10/11/24 28 days29 Draft Traffic Memorandum Mon 10/14/24 Fri 11/8/24 20 days30 Submit Draft Traffic Memo to City Fri 11/8/24 Fri 11/8/24 0 days31 City Review Mon 11/11/24 Fri 12/6/24 20 days32 Final Traffic Memorandum Mon 12/9/24 Fri 1/10/25 25 days33 Submit Final Traffic Memo to City Fri 1/10/25 Fri 1/10/25 0 days34 Preliminary Engineering Mon 8/5/24 Fri 1/24/25 125 days35 Draft Preliminary Plans Mon 8/5/24 Fri 9/13/24 30 days36 Draft Pavement Strategy Memorandum Mon 8/5/24 Fri 9/13/24 30 days37 Submit Draft Preliminary Plans & Pavement Memo to City Fri 9/13/24 Fri 9/13/24 0 days38 City Review Mon 9/16/24 Fri 10/4/24 15 days39 Final Preliminary Plans Mon 10/7/24 Fri 11/8/24 25 days40 Final Pavement Strategy Memo Mon 10/7/24 Fri 11/8/24 25 days41 Submit Final Preliminary Plans & Pavement Memo to City Fri 11/8/24 Fri 11/8/24 0 days42 City Review Mon 11/11/24 Fri 12/6/24 20 days43 40% Plans & Cost Estimate Mon 12/9/24 Fri 1/24/25 35 days44 Submit 40% Plans & Cost Estimate to City Fri 1/24/25 Fri 1/24/25 0 days45 Public Outreach Mon 10/7/24 Thu 11/21/24 34 days46 Public Outreach & Engagement Plan Mon 10/7/24 Thu 11/14/24 29 days47 Informational Public Meeting #1 Thu 11/21/24 Thu 11/21/24 0 days 6/26
6/27
7/23
8/20
9/17
10/15
11/19
12/17
9/3
10/29
11/8
1/10
11/8
1/10
9/13
11/8
1/24
11/21
6/23 6/30 7/7 7/14 7/21 7/28 8/4 8/11 8/18 8/25 9/1 9/8 9/15 9/22 9/29 10/6 10/13 10/20 10/27 11/3 11/10 11/17 11/24 12/1 12/8 12/15 12/22 12/29 1/5 1/12 1/19 1/26 2025
Task Milestone
Alpine Pershing Mendocino Bicycle-Pedestrian Connectivity Project

EXHIBIT C

EXHIBIT 2
953
REV 2022‐05‐17
Insurance Requirements for Professional Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

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

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

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

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

Additional Insured Status
EXHIBIT D Page 22 of 62 EXHIBIT 2 954
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 D Page 23 of 62 EXHIBIT 2 955
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 Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

Claims Made Policies
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 claimsmade 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 D Page 24 of 62 EXHIBIT 2 956
REV 2022‐05‐17
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D Page 25 of 62 EXHIBIT 2 957
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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

Pertinent Nondiscrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
EXHIBIT F Page 40 of 62 EXHIBIT 2 972
• The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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State Funded Consultant Contract Provisions

ALPINE PERSHING MENDOCINO BICYCLE-PEDESTRIAN CONNECTIVITY City Project No. WT24037/ ATPSB1L-5008(205)

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION.................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS..................................................................... 4 ARTICLE III STATEMENT OF WORK ................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................ 5 ARTICLE V ALLOWABLE COSTS AND PAYMENTS........................................................................... 5 ARTICLE VI TERMINATION................................................................................................................ ..6 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... ..7 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. ..7 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... ..8 ARTICLE X SUBCONTRACTING........................................................................................................ ..9 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES............................. 10 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................. 11 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 14 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION........................ 15

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.................................................................................................................................. 15 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 15 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................. 17 ARTICLE XVIII NONE.......................................................................................................................... 17 ARTICLE XIX INSURANCE................................................................................................................. 17 ARTICLE XX FUNDING REQUIREMENTS.......................................................................................... 17 ARTICLE XXI CHANGE IN TERMS..................................................................................................... 17

EXHIBIT G
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ARTICLE XXII CONTINGENT FEE...................................................................................................... 18 ARTICLE XXIII DISPUTES .................................................................................................................. 18 ARTICLE XXIV INSPECTION OF WORK ............................................................................................ 18 ARTICLE XXV SAFETY ...................................................................................................................... 18 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 19 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............. 19 ARTICLE XXVIII CONFIDENTIALITY OF DATA.................................................................................. 20 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 20 ARTICLE XXX EVALUATION OF CONSULTANT............................................................................... 20 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 20 ARTICLE XXXII TITLE VI ASSURANCES........................................................................................... 21 ARTICLE XXXIII NOTIFICATION......................................................................................................... 21 ARTICLE XXXIV CONTRACT ............................................................................................................. 21 ARTICLE XXXV SIGNATURES........................................................................................................... 21 EXHIBIT 2 Page 43 of 62 975
Local Assistance Procedures Manual Exhibit 10-R
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May 2023

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:

HDR ENGINEERING, INC.

Incorporated in the State of California
The Project Manager for the “CONSULTANT” will be

ANDREW SEKIOKA
The name of the “LOCAL AGENCY” is as follows:

CITY OF STOCKTON
The Contract Administrator for LOCAL AGENCY will be

LETICIA SALDIVAR
B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated April 5, 2024. The approved CONSULTANT’s Cost Proposal is attached hereto Exhibit B and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.

ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
See Exhibit “A”, Scope of Services of the Professional Services Contract.

B. Right of Way
See Exhibit “A”, Scope of Services of the Professional Services Contract.

C. Surveys
See Exhibit “A”, Scope of Services of the Professional Services Contract.

D. Subsurface Investigations
See Exhibit “A”, Scope of Services of the Professional Services Contract.

E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly. See “Rights and Duties of City” of the Professional Services Contract.

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F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on September 17, 2024 contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on November 30, 2028, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

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shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $337,935.51.The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:

CITY OF STOCKTON PUBLIC WORKS DEPARTMENT
22 E. WEBER AVENUE, ROOM 301
STOCKTON, CA 95202
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $337,935.51 J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, (See Section 11 of the Professional Services Contract).

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B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

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ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

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Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

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E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant.

The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

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B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be EXHIBIT 2 Page 52 of 62 984
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verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT.

The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

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F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this EXHIBIT 2 Page 55 of 62 987
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AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any EXHIBIT 2 Page 56 of 62 988
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employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

C. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

D. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

E. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

F. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

G. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 – Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

H. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XIX INSURANCE
See Section 3 of the Professional Services Contract.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

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listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and Department Head or Designee, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

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D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

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ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:

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(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.

ARTICLE XXXII TITLE VI ASSURANCES
Refer to the Professional Services Contract.

ARTICLE XXXIII NOTIFICATION
Refer to the Professional Services Contract.

ARTICLE XXXIV CONTRACT
Refer to the Professional Services Contract.

ARTICLE XXXV SIGNATURES
Refer to the Professional Services Contract.

EXHIBIT 2 Page 62 of 62 994
City of Stockton
Legislation Text
File #: 24-0819, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE COUNTY-CITY AGREEMENTS FOR THE

OPERATION AND MAINTENANCE OF THE TRAFFIC SIGNALS AT THE INTERSECTIONS OF

ARCH AIRPORT ROAD AND GIANNECCHINI LANE, AND ARCH AIRPORT ROAD AND POCK LANE

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

1. Authorize the City Manager to sign the County-City Agreement to operate and maintain the traffic signals at the intersections of Arch Airport Road and Giannecchini Lane.

2. Authorize the City Manager to sign the County-City Agreement to operate and maintain the traffic signals at the intersections of Arch Airport Road and Pock Lane.

It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution Summary
As part of the San Joaquin County’s (County) Airpark 599 Development, certain roadway improvements have been constructed within the City’s limit (Attachment A). The existing intersections of Arch Airport Road and Giannecchini Lane, and Arch Airport Road and Pock Lane are partially located within the roadways and within City and County jurisdictions. The City jurisdiction falls on the northern portion of the intersections while the County jurisdiction falls on the southern portion. As standard practice, the City will take the lead on the operation and maintenance of these traffic signals, with the County reimbursing the City for their share of the costs as noted in the County-City Agreements.

DISCUSSION
Background
The City and County coordinate on transportation improvement projects and developments that are situated or border City and County areas. This coordination optimizes opportunities in cost savings, reduction of duplicate efforts, and produces a more uniform transportation system in areas that transition back and forth between the two jurisdictions. Agreements for maintenance and cost sharing are created and vary depending on the project circumstances.

The County’s Airpark 599 Development added an additional southerly access to the existing intersection at Arch Airport Road and Giannecchini Lane. This was required in order to provide City of Stockton Page 1 of 2 Printed on 9/13/2024
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access to one of the major logistic buildings recently constructed as part of the Airpark 599 Development. The new access required the installation of a new traffic signal to safely facilitate traffic to and from Airpark 599.

In 2020, the City was awarded with Congestion Mitigation and Air Quality (CMAQ) grant funds to synchronize the Arch Airport corridor, including installation of new signals at the intersections of Arch Airport Road at Pock Lane, and Arch Airport Road at Giannecchini Lane. This federally funded signal installation and synchronization project reduces traffic congestion and improves air quality along Arch Airport Road, where rapid development has occurred in the last few years. The City will take lead on the operation and maintenance of the traffic signals at Pock Lane and Giannecchini, including the portion or leg of the intersections within the County’s jurisdiction. The County will be responsible for their proportional share of cost to maintain the portion or leg of the signalized intersection within their jurisdiction.

Present Situation
As part of the Airpark 599 Development and the City’s CMAQ project, signal intersection improvements have been constructed at the intersections of Giannecchini Lane and Pock Lane along Arch Airport Road (Attachment A). Maintenance agreements have been prepared in order to secure coordinated maintenance responsibilities and cost sharing for these two signalized intersections. As standard practice, the City will take the lead on the operation and maintenance of these traffic signals, with the County reimbursing the City for their share of the costs as noted in the County-City Agreements. Once these Agreements are approved by Council, the County will execute the Agreements through the Board of Supervisors.

FINANCIAL SUMMARY
Operation and maintenance of the traffic signal systems will be part of routine traffic signal maintenance performed by the City’s Public Works Department, Operations and Maintenance Division. The City will invoice the County for the shared costs of the operation, maintenance, and energy on a quarterly basis.

There are sufficient funds in the Public Works Operating budget to perform traffic signal maintenance.

The estimated cost to maintain one traffic signal is approximately $4,000 annually. Based on the above cost sharing, the County’s approximate share will be $2,000 annually for each traffic signal at Arch Airport Road and Giannecchini Lane, and Arch Airport Road and Pock Lane. The cost will fluctuate depending on the actual cost of electricity and the maintenance required.

Attachment A - Vicinity Maps
City of Stockton Page 2 of 2 Printed on 9/13/2024
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996
City of Stockton, CA

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 193.74662552445554 ft

ATTACHMENT A
County
City
Arch Airport Road
Pock Lane
997
City of Stockton, CA

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 193.74618316384397 ft

ATTACHMENT A
County
City
Giannecchini Lane
Arch Airport Road
998
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ADOPTING THE COUNTY-CITY AGREEMENTS FOR THE

OPERATION AND MAINTENANCE OF THE TRAFFIC SIGNALS AT THE

INTERSECTIONS OF ARCH AIRPORT ROAD AND GIANNECCHINI LANE, AND

ARCH AIRPORT ROAD AND POCK LANE
Transportation projects sharing City and San Joaquin County jurisdictions require mutual participation and coordination to effectively administer project implementation and ongoing operation and maintenance; and
As part of the San Joaquin County Airpark 599 Development, certain roadway segments, including a portion of the intersections of Arch Airport Road and Giannecchini Lane, and Arch Airport Road and Pock Lane, have been annexed into City limits; and Currently, at the intersection of Arch Airport Road and Giannecchini Lane, the City jurisdiction falls on the northern portion of the intersection, while San Joaquin County jurisdiction falls on the southern portion; and
Currently, at the intersection of Arch Airport Road and Pock Lane the City jurisdiction falls on the northern portion of the intersection, while San Joaquin County jurisdiction falls on the southern portion; and
The City will take the lead on the maintenance and operation of these traffic signals, with San Joaquin County reimbursing the City for their share of the costs according to the County-City Agreements; now, therefore,

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

1. The City Council hereby authorizes the City Manager to execute an agreement between the City of Stockton and San Joaquin County to share with the City the cost to maintain and operate the traffic signal at the intersection of Arch Airport Road and Giannecchini Lane, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council hereby authorizes the City Manager to execute an agreement between the City of Stockton and San Joaquin County to share with the City the cost to maintain and operate the traffic signal at the intersection of Arch Airport Road and Pock Lane, a copy of which is attached as Exhibit 2 and incorporated by this reference.
999

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

PASSED, APPROVED, and ADOPTED September 17, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1000
COUNTY-CITY Agreement – COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON

COUNTY-CITY OPERATION AND MAINTENANCE AGREEMENT OF THE

TRAFFIC SIGNAL SYSTEM AT THE

INTERSECTION OF ARCH AIRPORT ROAD AND GIANNECCHINI LANE

THIS AGREEMENT FOR THE OPERATION AND MAINTENANCE OF THE

TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF ARCH AIRPORT ROAD AND GIANNECCHINI LANE (“Agreement”) is made and entered into this ________ day of ____________, 2024, by and between the CITY OF STOCKTON, a Municipal Corporation to the State of California, (“CITY”) and SAN JOAQUIN COUNTY AIRPORT, a political subdivision of the State of California, (“COUNTY”).

WHEREAS, the intersection of Arch Airport Road and Giannecchini Lane is located within the boundaries of the CITY and COUNTY; and
WHEREAS, the CITY and COUNTY find from a traffic safety standpoint that the traffic actuated signal system at the above-mentioned intersection is warranted for the operation of the intersection with a new driveway entering the Airpark 599 development; and
WHEREAS, the CITY and COUNTY further find that the maintenance and operation costs incurred be shared by CITY and COUNTY in proportions herein set forth; and
NOW, THEREFORE, it is mutually agreed by and between CITY and COUNTY as follows:

1. For the purpose of this Agreement, CITY shall act as the fiscal agent for the COUNTY relevant to the operation and maintenance of the signal system; and

2. CITY shall act as the lead agency in the operation and maintenance of the signal; and

3. COUNTY shall grant access rights along Arch Airport Road and Giannecchini Lane at the said intersection to CITY; and

4. COUNTY shall permit all pertinent work within COUNTY jurisdiction at no cost; and

5. CITY shall perform all work necessary, including the daily operation and maintenance of the traffic signal systems; and

6. COUNTY shall make all fiscal arrangements for the operation and maintenance costs of the Giannecchini Lane Driveway with the property owner; and

7. CITY shall notify COUNTY of any major upgrades or improvements prior to proceeding with improvements. COUNTY shall respond within 30 days. Major EXHIBIT 1 1001
COUNTY-CITY Agreement – COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON upgrades will be scheduled for work on the following fiscal year, unless otherwise noted; and

8. CITY shall make available to COUNTY all documents showing all costs incurred by CITY pertaining to said maintenance and operation; and

9. CITY shall invoice COUNTY each quarter for the portion of operation, maintenance, and energy costs; and

10. Future amendments to this Agreement shall be mutually agreed upon between CITY and COUNTY. CITY Manager or his designee’s and COUNTY shall have the authority to amend this Agreement by written concurrence; and

11. All costs of operation, maintenance and energy shall be shared between COUNTY and CITY in the following ratio, until such time that a change in the corporate limits of CITY alter the ratio of intersection approaches:
50 percent to be paid by COUNTY 50 percent to be paid by CITY IN WITNESS WHEREOF, this Agreement has been executed by the respective parties hereto through their respective authorized officers at Stockton, California, the day and year first above written.

COUNTY OF SAN JOAQUIN, CITY OF STOCKTON
political subdivision of the State of
California
_______________________________

HARRY BLACK
By: CITY MANAGER

MIGUEL VILLAPUDUA, CHAIRMAN
OF THE BOARD OF DIRECTORS ATTEST:

ATTEST:

RACHEL DEBORD, Clerk of By: ____________________________ The Board of Supervisors of the
COUNTY of San Joaquin, State of

KATHERINE ROLAND, CMC, CPMC

INTERIM CITY CLERK
California
APPROVED AS TO FORM:

By:

DEPUTY CLERK
By: ____________________________

ASSISTANT CITY ATTORNEY
EXHIBIT 1 1002
COUNTY-CITY Agreement – COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON Recommended for Approval:
___________________________

RICHARD SOKOL

STOCKTON METROPOLITAN AIRPORT

SAN JOAQUIN COUNTY
APPROVED AS TO FORM:

By:

MATTHEW DACEY

DEPUTY COUNTY COUNSEL
EXHIBIT 1 1003
COUNTY-CITY Agreement – COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON

COUNTY-CITY OPERATION AND MAINTENANCE AGREEMENT OF THE

TRAFFIC SIGNAL SYSTEM AT THE

INTERSECTION OF ARCH AIRPORT ROAD AND POCK LANE

THIS AGREEMENT FOR THE OPERATION AND MAINTENANCE OF THE

TRAFFIC SIGNAL SYSTEM AT THE INTERSECTION OF ARCH AIRPORT ROAD AND POCK LANE (“Agreement”) is made and entered into this ________ day of ____________, 2024, by and between the CITY OF STOCKTON, a Municipal Corporation to the State of California, (“CITY”) and SAN JOAQUIN COUNTY AIRPORT, a political subdivision of the State of California, (“COUNTY”).

WHEREAS, the intersection of Arch Airport Road and Pock Lane is located within the boundaries of the CITY and COUNTY; and
WHEREAS, the CITY and COUNTY find from a traffic safety standpoint that the traffic actuated signal system at the above-mentioned intersection is warranted for the operation of the intersection; and
WHEREAS, the CITY and COUNTY further find that the maintenance and operation costs incurred be shared by CITY and COUNTY in proportions herein set forth; and
NOW, THEREFORE, it is mutually agreed by and between CITY and COUNTY as follows:

1. For the purpose of this Agreement, CITY shall act as the fiscal agent for the COUNTY relevant to the operation and maintenance of the signal system; and

2. CITY shall act as the lead agency in the operation and maintenance of the signal; and

3. COUNTY shall grant access rights along Arch Airport Road and Pock Lane at the said intersection to CITY; and

4. COUNTY shall permit all pertinent work within COUNTY jurisdiction at no cost; and

5. CITY shall perform all work necessary, including the daily operation and maintenance of the traffic signal systems; and

6. CITY shall notify COUNTY of any major upgrades or improvements prior to proceeding with improvements. COUNTY shall respond within 30 days. Major upgrades will be scheduled for work on the following fiscal year, unless otherwise noted; and

7. CITY shall make available to COUNTY all documents showing all costs incurred by CITY pertaining to said maintenance and operation; and EXHIBIT 2 1004
COUNTY-CITY Agreement – COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON

8. CITY shall invoice COUNTY each quarter for the portion of operation, maintenance, and energy costs; and

9. Future amendments to this Agreement shall be mutually agreed upon between CITY and COUNTY. CITY Manager or his designee’s and COUNTY shall have the authority to amend this Agreement by written concurrence; and

10. All costs of operation, maintenance and energy shall be shared between CITY and COUNTY in the following ratio, until such time that a change in the corporate limits of CITY alter the ratio of intersection approaches:
50 percent to be paid by COUNTY 50 percent to be paid by CITY IN WITNESS WHEREOF, this Agreement has been executed by the respective parties hereto through their respective authorized officers at Stockton, California, the day and year first above written.

COUNTY OF SAN JOAQUIN, CITY OF STOCKTON
political subdivision of the State of
California
_______________________________

HARRY BLACK
By: CITY MANAGER

MIGUEL VILLAPUDUA, CHAIRMAN
OF THE BOARD OF DIRECTORS ATTEST:

ATTEST:

RACHEL DEBORD, Clerk of By: ____________________________ The Board of Supervisors of the
COUNTY of San Joaquin, State of

KATHERINE ROLAND, CMC, CPMC

INTERIM CITY CLERK
California
APPROVED AS TO FORM:

By:

DEPUTY CLERK
By: ____________________________

ASSISTANT CITY ATTORNEY
Recommended for Approval:
___________________________

RICHARD SOKOL

STOCKTON METROPOLITAN AIRPORT

SAN JOAQUIN COUNTY
EXHIBIT 2 1005
COUNTY-CITY Agreement – COUNTY OF SAN JOAQUIN AND CITY OF STOCKTON APPROVED AS TO FORM:

By:

MATTHEW DACEY

DEPUTY COUNTY COUNSEL
EXHIBIT 2 1006
City of Stockton
Legislation Text
File #: 24-0834, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 - SLURRY SEAL PROJECT

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

1. Approve Notice of Exemption No. NOE32-24 under the California Environmental Quality Act for the Local Street Resurfacing Program FY 2023-24 SB1 - Slurry Seal, Project No.

WD24003.

2. Approve the plans and specifications for the Local Street Resurfacing Program FY 2023-24 SB1 - Slurry Seal, Project No. WD24003.

3. Award a Construction Contract in the amount of $748,121 to Pavement Coatings Co. of Sacramento, CA, for the Local Street Resurfacing Program FY 2023-24 SB1 - Slurry Seal, Project No. WD24003.

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

Summary
The project will apply a slurry seal resurfacing treatment to approximately 12 centerline miles of various residential and collector roadways citywide (Attachment A). Slurry Seal is a thin layer applied to an asphalt pavement surface to seal the surface and extend the roadway’s life expectancy. The project was included in the 2023-28 Five-Year Capital Improvement Plan (CIP).

On August 1, 2024, the City received five bids for this project. Staff recommends award of the Construction Contract to the lowest responsive bidder, Pavement Coatings Co., in the amount of $748,121. Staff also recommends that Council adopt a resolution approving Notice of Exemption No.

NOE32-24 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to begin in fall 2024 and be completed by late fall 2024, weather permitting.

DISCUSSION
Background
On April 28, 2017, the Governor signed Senate Bill 1 (SB1), known as the Road Repair and Accountability Act of 2017. SB1 funding provides for basic road maintenance, rehabilitation, and City of Stockton Page 1 of 3 Printed on 9/13/2024
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critical safety needs on both the State highway and local streets and road systems. The California Transportation Commission (CTC) is responsible for oversight of funding and/or programs created with the approval of SB1.

SB1 provides funding for the Road Maintenance and Rehabilitation Account (RMRA) Program. Other programs include the Local Partnership Program, the Active Transportation Program, State Highway Operation and Protection Program, and Local Streets and Roads Program. The RMRA funding is part of the City’s overall Gas Tax allocation; however, RMRA funds can only be expended on projects that meet eligibility criteria and have been approved by the CTC. RMRA funds are accounted for and reported separately from regular Gas Tax funds.

Approximately $7.99 million in SB1 RMRA Program funding was allocated to the City for Fiscal Year (FY) 2023-24 and approved by Council on May 2, 2023, by Resolution No. 2023-05-02-1211. The project list was subsequently approved by the CTC and provides for multiple resurfacing projects that may consist of slurry sealing, micro-surfacing, cape seal, and/or an asphalt overlay. These projects are all being delivered separately based on the type of resurfacing treatment. A cost-effective method of maintaining streets is to provide treatment for streets that are in fair to good condition.

The preservation of streets in this condition is critical, as rehabilitation costs rise exponentially as pavement deteriorates.

The Local Street Resurfacing Program FY 2023-24 SB1 - Slurry Seal, Project No. WD24003, was included in the 2023-28 Five-Year CIP. The project will apply a slurry seal resurfacing treatment to approximately 12 centerline miles of various residential and collector roadways citywide (Attachment A). The project includes removing and replacing pavement striping and legends, removing and replacing failed pavement areas, and applying slurry seal. Slurry seal is a mixture of water, asphalt emulsion, finely crushed rock, and additives applied in a thin layer to an asphalt pavement surface.

This treatment seals the surface and extends the roadway’s life expectancy at a very low cost.

The list of roads for this project was developed from the City of Stockton Pavement Management System. The system analyzes variables such as current pavement condition and projected traffic load to forecast how roadway segments will decline over time. The forecasts are used to evaluate the cost and benefits of repair options and identify the optimal pavement resurfacing plan. Roadways with a Pavement Condition Index ranging between 65 and 80 are suitable for this treatment. Slurry sealing the selected local roads is anticipated to extend their life span by a minimum of five years.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project because the engineer’s estimate was under $1 million.

Present Situation
On July 11, 2024, the Local Street Resurfacing Program FY 2023-24 SB1 - Slurry Seal, Project No.

WD24003, was advertised for bids. On August 1, 2024, five bids were received with the following results:

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COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Pavement Coatings Co.
(Sacramento, CA) $748,121 $748,121
Dryco Construction, Inc.
(Sacramento, CA) $767,775 $767,775
VSS International, Inc.
(West Sacramento, CA) $798,897 $798,897
Graham Contractors, Inc.
(San Jose, CA) $826,350 $826,350
American Pavement Systems, Inc.
(Modesto, CA) $832,901 $832,901
Engineer’s Estimate $850,675
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order as all bidders are located outside the City of Stockton and San Joaquin County and are not entitled to a bid preference. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Pavement Coatings Co., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. Staff recommends Council approve the plans and specifications for the project and award a Construction Contract to Pavement Coatings Co. of Sacramento, CA, in the amount of $748,121.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE32-24 under CEQA. Construction is anticipated to begin in fall 2024 and be completed by late fall 2024, weather permitting.

FINANCIAL SUMMARY
There is sufficient funding available in the Local Street Resurfacing Program FY 2023-24 SB1 - Slurry Seal, Project No. WD24003, to award a Construction Contract to Pavement Coatings Co. in the amount of $748,121.

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

Attachment A - Vicinity Map
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BEN HOLT DR
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WILSON WY

MARCH LN

MARCH LN

WATERLOO RD

FREMONT ST

MARIPOSA
RD

AIRPORT WY

DR MLK JR BL

MAIN ST

PARK ST

PACIFIC AV

CHEROKEE RD

ROBERTS RD

EIGHTH ST

PACIFIC AV

PERSHING AV

ALPINE AV

WEST LN

HARDING WY

EL DORADO ST
CALIF
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CENTER ST

CHARTER WY
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LEGEND:

Slurry Seal
County Limits
0 0.3 0.6 1.2 1.8 2.4
Miles
LOCAL STREET RESURFACING PROGRAM FY 2023-24
SB1 - SLURRY SEAL, PROJECT NO. WD24003
ATTACHMENT A 1010
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE32-24,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE LOCAL STREET RESURFACING
PROGRAM FY 2023-24 SB1 – SLURRY SEAL, PROJECT NO. WD24003 On August 1, 2024, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Local Street Resurfacing Program FY 2023-24 SB1 – Slurry Seal, Project No. WD24003; and The project will apply a slurry seal resurfacing treatment to approximately 12 centerline miles of various residential and collector roadways citywide; and Pavement Coatings Co. is the lowest responsive bidder in the amount of $748,121.00, and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE32-24 under the CEQA for the Local Street Resurfacing Program FY 2023-24 SB1 – Slurry Seal, Project No. WD24003, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Local Street Resurfacing Program FY 2023-24 SB1 – Slurry Seal, Project No. WD24003.

3. The City Council awards a Construction Contract between the City of Stockton and Pavement Coatings Co. in the amount of $748,121.00, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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1011

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

PASSED, APPROVED, and ADOPTED September 17, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk City of Stockton
1012

CITY OF STOCKTON

NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: CEQA NOE 32-24 – LOCAL STREET RESURFACING PROGRAM FY23-24 SB1 – SLURRY SEAL, PROJECT NO. WD24003
CEQA Exemption File No.: NOE 32-24
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be slurry sealing various locations Citywide. See attachment A for more information.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

The activity is not a "project" as defined in CEQA Guidelines Section 15378.

The activity is exempt under the "general rule" at CEQA Guidelines Section15061(B)(3).

X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301(c) The project is "Categorically Exempt" per CEQA Guidelines Section 15332.

BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.

X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).

CHAD REED, DIRECTOR July 19, 2024

PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Thinh Phan, Associate Engineer (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________

AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1 1013

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between PAVEMENT COATINGS CO., a STATE OF CALIFORNIA CORPORATION, with a business address at 2150 BELL AVENUE, SUITE 125, SACRAMENTO, CA 95838, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:

WHEREAS, plans and specifications for the construction of LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – SLURRY SEAL (PROJECT NO.

WD24003C), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.

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

CONTRACTOR agrees:

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

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $748,121.00, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

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It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured.

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

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

The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.

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

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

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

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

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

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

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 2 Page 2 of 57 EXHIBIT 2 Page 2 of 63
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insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City.

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

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

The Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct.

6. WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 25 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of FOUR THOUSAND AND NO/100 DOLLARS ($4,000.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, EXHIBIT 2 Page 3 of 57 EXHIBIT 2 Page 3 of 63
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assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

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

If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.

7. CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to EXHIBIT 2 Page 4 of 57 EXHIBIT 2 Page 4 of 63
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demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to EXHIBIT 2 Page 5 of 57 EXHIBIT 2 Page 5 of 63
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CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. COMMUNITY WORKFORCE TRAINING AGREEMENT
Pursuant to the implementation of the Community Workforce Training Agreement (CWTA) adopted by the City Council on July 26, 2016, the successful bidder shall be required to comply with the provisions of CWTA. For any project subject to this Agreement, the Local Hire, Priority Apprentice and Workforce Development Program requirements shall apply in lieu of the requirements of Stockton Municipal Code Section 3.68.095 and EXHIBIT 2 Page 6 of 57 EXHIBIT 2 Page 6 of 63
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no separate compliance with Section 3.68.095 will be required of the Contractors/Employers working on the project (EXHIBIT D). g. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

CITY agrees:

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

9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.

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

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

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

Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment EXHIBIT 2 Page 7 of 57 EXHIBIT 2 Page 7 of 63
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EXHIBIT 2
under the provIsIons of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.

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

CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement.

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

12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

ATTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

INTERIM CITY CLERK
By: ____________ _
By: ____________ _
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
-

HARRY BLACK

CITY MANAGER
EXHIBIT 2 Page 8 of 63
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LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1-SLURRY SEAL PROJECT NO. WD24003C

BID DING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

Item
1 2
3 4
5 6
7 8
9 10
11 12
Description Unit Quantity Unitprice
.

Mobilization LS 1 $40,000.00
Traffic Control LS 1 $66,000.00
Water Pollution Control LS 1 tl,500.00
Removal Existing Pavement LS Striping, Markings, and Legends 1 $50,000.00 Install Detail 2 Per MUTCD LF 2,100 $2.10
Install Detail 22 Per MUTCD LF 6,000 $3.45
Install Detail 29 Per MUTCD LF 700 $6.90
Install Detail 38A LF 500 $3.15
Install Speed Bump Legend EA 110 $264.60
Install White Thermoplastic (All SF Pavement Legends) 3,000 $9.50 Install Yellow Thermoplastic (All SF Pavement Legends) 1,000 $9.50 Slurry Seal SY 240,000 $2.05
TOTAL BID $748,121.QQ
Bl DOER'S NAME Pavement Coatings Co.

Total Price
$40,000.00
$66,000.00
$1,500.00
$50,000.00
$4,410.00
$20,700.00
$4,830.00
$1,575.00
$29,106.00
$28,500.00
$9,500.00
$492,000.00
BidFonns Last Revised 12/31/20
EXHIBIT A EXHIBIT 2

1022

BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only parties interested in this bid as principals are those named herein and that this bid is made without collusion with any other party; and that this bid is submitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.

A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (CheckQ!1!J. of the following) D Cash, or
D Cashier's check, or
D Certified check payable to City of Stockton, or
Ii] Bidder's bond in favor of the City.

For any amount not less than ten percent (10%) of the aggregate of the bid.

ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:

1. List of Subcontractors

2. Non-Collusion Declaration

3. DIR Self-Certification

4. Title VI Violation Self-Certification

5. Local Employment Ordinance

6. Local Business Preference Ordinance

7. Addendum A-Workforce and Training

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
Pavement Coatings Co. 916.642.1751
Name of Firm Phone
2150 Bell Ave., SUite 125 Sacramento,
Address City
303609 A, C32
Contractor Lie. No. & Classification
CA
State
96-2916670
Tax I.D. No.
95838
Zip
09/30/2024
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their state contractor's license number, (2) the license expiratlon date, and (3) a statement that the representations made therein are made under penally of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency."

THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENAL TY OF PERJURY I
4-
1 _/ BIDDER SIGN
Signre <= HERE Tim Schmid, President
Title
BidFonns Last Revised 12/31/20
EXHIBIT A EXHIBIT 2

1023
Di R SiaclCafibnte
Home ) Contractor ) PAVEMENT COATINGS CO.

PAVEMENT COATINGS CO.

Contractor
Contractor business email
[ [email protected]
Contractor c ation eff date
[ 2023-07-01
Contractor first name
Rachel
Contractor mailing city
[ JURUPA VALLEY
Contractor mailing state
CA
Contractor mailing zip
[ 91752
eCPR Public Search Login
Public Works Support
Contractors
Projects
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-------- ---- -----
EXHIBIT A EXHIBIT 2 EXHIBIT 2 EXHIBIT A

Contractor physical city
[ Jurupa Valley
Contractor physical state

I CALIFORNIA
Contractor physical zip
91752
Contractor certify date
I 2023-os-22
Contractor company type
[ Corporation
Contractor craft legacy
[ Parking Highway Improvement
Contractor craft snow
Contractor c atlon exp date
Contractor date deactivated
Contractor dba name
I PAVEMENTCOATINGSCO.

Contractor entity number
[ CO724948
Contractor ID
[ 1000003382
Contractor last name
Stewart
Contractor mailing address2
EXHIBIT 2

EXHIBIT A

Contractor physical address1
[ 10240 San Sevalne Way
Contractor physical addres.s2
Contractor source
SNOW
Contractor wc cert date
I 2022-10-01
Contractor wc exp date
I 2023-10-01
Contractor wc policy number
I UB9K16850A1925K
Contractor wc selection
[ 1 nsured by carrier
Contractor legal entity name
I PAVEMENTCOATINGSCO.

Contractor mailing address1
[ 10240 SAN SEVAINE WAY
Contractor wc carrier
[ Travelers Property Casualty Company of A
0 Checked
EXHIBIT 2

EXHIBIT A

REV 2024-03-25
Exhibit B:

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

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $3,000,000 per accident for bodily injury and property damage.

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

4. Surety Bonds as described below.

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by EXHIBIT 2

EXHIBIT B

REV 2024-03-25
either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:

EXHIBIT 2

EXHIBIT B

REV 2024-03-25

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

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

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

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

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

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

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

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

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed EXHIBIT 2

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REV 2024-03-25
with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to EXHIBIT 2

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REV 2024-03-25
issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 2

EXHIBIT B

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or nonemployee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

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EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

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EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date: HARASSMENT POLICY Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or nonemployee to cease the conduct.

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EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From: HARASSMENT POLICY Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT 2

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Subject:

B.

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT 2

EXHIBIT C

Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT 2

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT 2

EXHIBIT C

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND
HARASSMENT POLICY Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
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EXHIBIT D

BOND FOR FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENTS:

That we, Pavement Coatings Co. , a STATE OF CALIFORNIA
CORPORATION, as Principal and The Ohio Casualty Insurance Company a corporation, organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, as obligee, in the just and full sum of SEVEN HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED TWENTY-ONE AND 00/100 DOLLARS ($7 48,121.00 ), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

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

LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – SLURRY SEAL (PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the EXHIBIT 2 Page 54 of 63 1067
provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

SIGNED AND SEALED on_A_u_..g._u_st_1_2-'-, 2_0_2_4 _________ _ APPROVED AS TO SURETY:

APPROVED AS TO FORM & CON
LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:----------

DEPUTY CITY ATTORNEY
PAL -James 'Wt!_,;
Vice'---P-res-ident - .,
-
!),e-Ohio Casualty lnsura-nce_Co
rnpany
SURETY
- -
By: , AA�-� Maris�lla Riv_era
.., ATTORNEY-IN-FACT
--
EXHIBIT 2 Page 55 of 63 1068
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 OUffllftffillll08000ROR980l�J0:9Qfl(D�COlfD���
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _R_iv_ } e _rs_id_e ___________ _
On Augus
t 14th, 2024 before me, Ottly J Gettle, Notary Public
Dote Here Insert Nome and Title of the Officer
personally appeared _Ja_m_
e_s_W___ u __________________________ _
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sJ/i9are subscribed, to the within instrument and acknowl�ed to me that �he/they executed the same in �er/their authorized capaclty(ies), and that by �her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

J
·-··---·····f • OTTlY J. GETTI.E
- • NOtary Public • Caltfomia i • Rlv.,r,ide County I • Cornminfon I 2383-490 - • • ,.., ,.� Comm. Expires �ov 17, 2025
Place Notary Seo/ ondlor Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature __ ..,.� �//;;�otaryPublic Dd ....... '--"',,__�/��,c__,_.�'-----'-�---

OPTIONAL
Completing this information con deter alteration of the document or fraudulent reattachment of this form to on unintended document.

Description of At ·hed Document
Title or Type of Docu nt: ___________________________ _ Document Date: ____ __..., _________________ Number of Pages: ___ _ Capaclty(les) Claimed by Signer(s)
Signer's Name: ---------�--- Signer's Name:
□ Corporate Officer - Title(s): _______ _ o Corporate Officer - Title{s): ______ _ □ Partner - □ Limited □ General □ Partner - o Limited □ General □ Individual □ Attorney in Fact □ Attorney in Fact
□ Trustee □ Guardian of Conservator □ Guardian of Conservator □ Other:

Signer is Representing: _________ _
Signe ·s Representing: _________ _
OJ 0 □ 0 f188111��110ll0l�lll'!'l,!800lffi�
©2017 National Notary Association
EXHIBIT 2 Page 56 of 63 1069
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _O=-'-ra""'n.,_ge"-----------
On August 12, 2024 before me, _E_ve_t_t_L_a_m_,_N_o_t_a-'ry'--P_u_b_li_c __________ _ Date Here Insert Name and Title of the Officer
personally appeared _M_a_ri_s_ell_a _R_iv_e_r_a ______________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(� whose name(s:) is/a:te subscribed to the within instrument and acknowledged to me that �/she/they executed the same in bJs/her/tbeir authorized capacity(�s), and that by llis/her/t�ir signature(� on the instrument the person(�. or the entity upon behalf of which the person(� acted, executed the instrument.

Notari Public • Cahforn1a "'
Oran11e County � Commission, 23!0930
y Comm. Expires Oct 31, 2025
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

Signature of Notary Public
---------------oPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: ------------=-� cument Date: _______ _ Number of Pages: ___ a Above: ____________ _
Capacity(ies) Claimed by Signer(s}
Signer's Name:-------��--­
□ Corporate Officer - Title(s): ..-'--------
IJ Partner - [] Limited eneral
CJ Individual □ A ney in Fact
D Trustee uardian or Conservator
0 Other:---,,,.<:,------------­
Signer Is R
Signer's Name: ____________ _
U Corporate Officer - Title(s): ______ _
0 Partner - 0 Limited O General
□ Individual O Attorney in Fact
□ Trustee □ Guardian or Conservator
0 Other: ______________ _
Signer Is Representing: ________ _
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 2 Page 57 of 63 1070
f..LiberiJ. \P Mutual.

SURETY
This Power of Attorney llmlts the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company

POWER OF ATTORNEY
Certificate No: 8208193-971991
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a COIJ)Oralion duly organized under the laws of !he Slate of New Hampshire, that Liberty Mulual Insurance Company is a corporation duly organized under !he laws of !he State of Massachusetts, and West American Insurance Company Is a corporation duly organized under the laws of !he Slate of lndlana (herein colleclively caDed the "Companies"), pursuant lo and by authority herein set forth, does hereby name, constitute and appoint Brian A.

McGoldrick. Brigid Lopez. Evett Lam, Morisella Rivera
all of !he city of Placentia state of CA each individually if there be more than one named, its lrue and lawful attorney-in-fact lo make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its act and deed, any and all underlakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signad by the president and attested by the saaeta,y of the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies haw been affixed thereto this ...1!!L dey of June , 2022 .

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
�
Affl
'
fns
1 Ul8Rce Company
Iii urE I By:------------�-------------------------------:! � -1!! --...=-:........,- ...., _ _. .._-'--.,. David M. Csrey, tant elary g" § :t:i cu State of PENNSYLVANIA ·- "S j ::, County of MONTGOMERY ss
� ·-S E
2 � On this 21st day of June , 2022 before me personally appeared David M carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ G> � 16 Company, The Ohio Casualty Company, and West American Insurance Company, and !hat he, as such, being authorized so lo do, execute the foregoing inslrument for the purposes leg � i therein contained by signing on behalf of the corporations by himself as a duty authorized officer. � 0::: ; � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. � cuffl #� ------------� � ;� 'C"'�t; ���Sam �- - ., A -I'# fii Oc j OF My commission 8llJlll8s MaR:1128. 21125 By:
-::J�.__...,,,.....,..,,......,.,..,�,--=-:-,:---------------------------1 .9 �
t:: :"- ill Commission number 112e044 - ._
CD - .fk��.p -•.Pannsy1van1aAssoc1aUonotNaw1oa Teresa Pastella, Notary Public <C o m0 �4/fV� oo cu� ---� .... �
� .!! This Pa.Yer of Attorney is made and executed pursuant to and by aulhority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual I� � -� Insurance Company, and West American Insurance Company which resolutions are nC111 in fuD force and effect reading as follows: {i,_ � .... .! ARTICLE IV - OFFICERS: Section 12. Pa.Yer of Attorney. 6 � J2 I!! Any officer or other official of lhe Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as Iha Chairman or the =c ..- ;g u President may prescribe, shall appoint such attorneys-in-� as may be necessary to act In behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety Ii co � 5i any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-� subject to the 6milations set forth in their respective powers of attorney, shaU -c � 0 t: have fuD power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of !he Corporation. When so executed, such 5 CD z i3 lnslrumenls shall be as binding as if signed by the President end attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the � � provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. if .!! ARTICLE XIII - Execution of Contrects: Section 5. Surety Bonds and Undertakings.

Any officer of !he Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fac as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all underlakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the llmilalions set forth in their respective powers of attorney, shall have run power to bind the Company by their signature end execuUon of any such lnslrumanls and lo attach thereto Iha seal of !he Company. When so executed such inslnunents shall be as binding as if signed by the president and attested by the seaeta,y.

Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. carey, Assistant Secrelary to appoint such attomeys-infact as may be necessary to act on behalf of !he Company to make, execute, seal, acknowledge and deliver as surety any and all underlakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of !he Company's Board of Directors, the Company consents lhat facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with lhe
,
s.111!'�/oice.an�.� as though manually affixed.
_ I, -Re!iae C. U�;!lle 1111de!signed, Assistant Secretary, The Ohio casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do - .hereby:C6{1ity thet-ll!e ilffi!KJ&I 1)J)Wer of attorney of which the foregoing is a full, true and C0l1'8CI copy of Iha Power of Attorney executed by said Companias, is in full force and effect and _-- ,�:i#been revoifed�,- • _ ;._ --
:- :- !_N.!ESTIMONY \_¥HEREOF, 1
_h_aie hereunto set my hand and affixed the seals of said Companies this____!!!!!.... day of August , �- - - - � • . .:.. - - -
By: �.� . . . ..

Renee C. Llewellyn, Assistant Secretary
LMS-12873 LMIC OC1C WAIC Muhl Co02/21
EXHIBIT 2 Page 58 of 63 1071

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

That we, PAVEMENT COATINGS CO., a STATE OF CALIFORNIA
CORPORATION, as Principal and The Ohio Casualty Insurance Company corporation, organized and existing under the laws of the State of New Hampshire and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of SEVEN HUNDRED FORTY-EIGHT THOUSAND ONE HUNDRED TWENTY-ONE AND 00/100 DOLLARS ($748,121.00), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by . these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit
LOCAL STREET RESURFACING PROGRAM FY 2023-24 SB1 – SLURRY SEAL (PROJECT NO. WD24003)
NOW, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work EXHIBIT 2 Page 59 of 63 1072
contracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

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

SIGNED AND SEALED on --------------------"
August 12, 2024
APPROVED AS TO SURETY:

APPROVED AS TO FORM & CO, TENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By: ________ _

DEPUTY CITY ATTORNEY
RINCIPAL-:- -Ja�es �u� -
.: -vice-:F-resident - _. - -
h
_
�_,,, wrio Casualty I nsuranc§ Q_on:pa'2Y _
::
=
� SURETY - ,., _ - -
By:\ lA(JJ� �Maris�lla Ri�era
rn ATTORNEY-IN-FACT
EXHIBIT 2 Page 60 of 63 1073
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 OOIIJ(19808'001�lUl�JlU�IIOll�l0808il��lllilllil Iii Iii� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracy, or validity of that document.

State of California
County of _R_iv__e rs_id_ } e ___________ _
On August 14th, 2024 before me, 0ttly J Gettle, Notary Public Date Here Insert Name and Title of the Officer
personally appeared _J_am_e_s_w_u ____________________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) �re subscribed. to the within Instrument and acknowIe.s41ed to me that �he/they executed the same in �er/their authorized capacity(ies), and that by �er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

OPTIONAL
Completing this information con deter alteration of the document or udulent reattachment of this form to on unintended document.

Document
Title or Type of Document: -�-------------------------- Document Date: ______________________ Number of Pages: ___ _ Signer(s) Other Than Named Above:--�--------------------­ Capacity(ies) Claimed by Signer(s)
Signer's Name:
□ Corporate Officer - Title(s): ______ _
□ Partner - o Limited □ General
D Individual □ Attorney in Fact
□ Trustee □ Guardian of Conservator
□ Other:

Signer is Representing: _________ _
618Ul'15118(�1,f}j(joo:@881
©2017 National Notary Association
r's Name:
porate Officer - Title(s): ______ _
a er - □ Limited o General
□ lndivi al □ Attorney in Fact
□ Trustee □ Guardian of Conservator
□ Other:

Signer is Representing: _________ _
EXHIBIT 2 Page 61 of 63 1074
CALIFORNIA ALL�PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
• , • "e". -��l.'i:l- ����������li?J
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of _O_ra_n�ge _________ _
On August 12, 2024 before me, _E_v_te_t_L_a_n_1,_N_ot_a·_ry�P_u_b_li_c __________ _ Date Here Insert Name and Title of the Officer
personally appeared _M_a_ri_s_ell_a_R_iv_e_r_a ______________________ _ Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(9) whose name(aj is/a¥e subscribed to the within instrument and acknowledged to me that ffi:l/she/they executed the same in �s/her/their authorized capaclty(�s), and that by ilis/her/ttfeir signature(� on the instrument the person(IX), or the entity upon behalf of which the person(i) acted, executed the instrument. ············J ,�•.: '' EVm LAM • .... + -; Notary Public • California z = Orange County i!:

Commission !I 23B0930 -
y Comm. Expires Oct 31, 2025
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my
Signature of Notary Public
----------------OPTIONAL---------------==:--
Though this section is optional, completing this information can deter alteration of fraudulent reattachment of this form to an unintended do nt.

Description of Attached Document
Title or Type of Document: ----------=-....,,::... __
Number of Pages: ___ Signer(s) Other Th
Capacity(ies) Claimed by Signer(s)
Signer's Name: -----�,£...._____ Signer's Name: ____________ _ 0 Corporate Officer - Title . _______ [J Corporate Officer - Title(s): ______ _ □ Partner - □ Limited General □ Partner - □ Limited □ General C::I Individual D ttorney in Fact O Individual D Attorney in Fact D Trustee Guardian or Conservator D Trustee [J Guardian or Conservator rl Other: .,..,,.._____________ 0 Other: _____________ _ Sign
-�����-�-
Lepresenting: __________ Signer Is Representing:
.... --. _:---- . -----
--
-----
-
­
©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 2 Page 62 of 63 1075
�Lihertx \P Mutual.

This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
West American Insurance Company
Certificate No: 8208193-971991
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporalion duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Stale of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint Brian A.

McGoldrick, Brigid Lopez. Evett Lam. Marisella Rivera
all of the city of Placentia state of CA each individually if there be more than one named, ils true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on ils behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as ii they have been duly signed by the president and attested by the secretary or the Companies in their own proper persons.

IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this� day of June , 2022 .

Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company
ii "'"'jj" '"�""" _,., :f � � By:_� __________________ _,:�_3 _ � ---- ---- ._-'-_.. David M. Carey, Assistant Secretary g-,a :1: ro Slate of PENNSYLVANIA ·- ::, � g, County of MONTGOMERY ss .§ E
.!: � On this 21st day of June , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary olliberty Mutual Insurance 1§ 0> � 1u Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !e@ � i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. g? 0:: �_ .g IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. �O Cl) �� �o
_ 0 � �--------� -:c Commonweallh of Pennsylvania - Nolary Seal >- <If O Teresa PasleUa, Notary Public 6' i � "iii 0 O> Monlgomely Coonly f// � ; - - . I // -1-- .I I ... E c � � _
My commission expires March 28. 2025 By
: � �
"' "· Commission n•mbor 1126044 :o'----:::--,-::-..,.,-.,---=-.,..,,..-----------1-.9 � - <if.:: � � 'ti Me_,, Pennsy!vario Assocloiioo o1 N- Teresa Pastella, Notary Public � o m:a 4RY �y o�
.g> 2 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual j � � -� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: � � ._ .fil ARTICLE IV-OFFICERS: Section 12. Power of Attorney. 5 6 .E e! Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the PresidenL and subject to such limitation as the Chairman or the ,3 ,... ;g ij- President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety fij � ro c any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys�n-fact subject to the limitations set forth in their respeclive powers of attorney, shall -o � � � have full power to bind the Corporation by their signature and execution of any such instrumenls and to attach thereto the seal of the Corporation. When so executed, such § a> z i3 instruments shall be as binding as ii signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the :: � provisions or this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. � � ARTICLE XIII- Execution of Contracts: Section 5. Surety Bonds and Undertakings.

Any officer of the Company authorized for that purpose in writing by the chairman or the presidenL and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-ln-facl subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instrumenls and lo attach thereto the seal of the Company. When so executed such instrumenls shall be as binding as if signed by the president and attested by the secreta,y.

Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Seaetary to appoint such attorneys-infact as may be necessary to act on behalf of lhe Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.

Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power or attorney issued by the Company in coMection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed.

I, _Renee-Cc .Uewellyn; lh'l undersigned, Assistant Seaetary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do - �e� �rtify lhat.tlf1HJ95ITTal_power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in run force and effect and _ -� .ha� n�_�een=rflVQ��t •
.
-
�/ -
_- - IN �TIMONY WHER.EOF,:t-have hereunto set my hand and affixed the seals of said Companies this 12th day of August , 2024 . -- - : �- -=- -�� �-�---
....... ,, .
• •
� \NS(/,\'.,,"
�;r,pttP��� :::. � �"'
2 1912 n
�\., �i � "◄cllll�� '917 * ),.·�
LMS-12873 LMIC OCIC WAIC Multi Co 02/21
�-�·� By: -• . .. -·
Renee C. Uewellyn, Assistant Secretary
EXHIBIT 2 Page 63 of 63 1076
City of Stockton
Legislation Text
File #: 24-0943, Version: 1

APPROVE MOTION TO REJECT BIDS FOR THE CHANNEL STREET CORRIDOR

IMPROVEMENTS PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to reject all bids received for the Channel Street Corridor Improvements, Project No. WT23031, pursuant to Stockton Municipal Code section

3.68.160(B).

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

Summary
The Channel Street Corridor Improvements project is funded by the federal Active Transportation Program (ATP) and local Measure K grant funds. The grant funding for this project was secured by the San Joaquin Regional Rail Commission (SJRRC). The Channel Street Corridor Improvements project will install various measures including crosswalks, bicycle lanes, bulb-outs, sidewalks, curb and gutter, pavement, and lighting to improve the project area's safety and aesthetics. The project is located along Channel Street between Aurora Street and Stanislaus Street, and on Aurora Street, Grant Street, and Stanislaus Street between Miner Avenue and Weber Avenue (Attachment A).

SJRRC took the lead in designing the project, and the City will take the lead in construction of the project.

On August 22, 2024, the City received five bids for this project. However, the Notice Inviting Bids published in The Record stated that the Local Business Preference Ordinance, Local Employment Ordinance, and Citywide Workforce Training Agreement (CWTA) applied to the project.

Unfortunately, the project is funded, in part, with ATP funding, which does not allow use of the Local Business Preference and the Local Employment Ordinances as well as the CWTA. In light of the noticing error, the City Attorney’s Office recommended that all bids be rejected, and the project readvertised. Therefore, pursuant to Stockton Municipal Code (SMC) section 3.68.160(B), staff recommends Council approve a motion to reject all bids received.

The project was re-advertised on September 5, 2024. New bids are due on September 26, 2024.

DISCUSSION
Background
The Channel Street Corridor Improvements project is sponsored by the SJRRC and is funded by City of Stockton Page 1 of 2 Printed on 9/13/2024
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File #: 24-0943, Version: 1
federal ATP and local Measure K grant funds. The project will install various measures including crosswalks, bicycle lanes, bulb-outs, sidewalks, curb and gutter, pavement, and lighting to improve the project area's safety and aesthetics. The project is located along Channel Street between Aurora Street and Stanislaus Street, and on Aurora Street, Grant Street, and Stanislaus Street between Miner Avenue and Weber Avenue (Attachment A).

The SJRRC is funding this project and took the lead in completing the design of the project. The City will assume the lead role during the construction phase of the project. The City/SJRRC Cooperative Agreement has been drafted outlining the roles of the City and SJRRC during the construction of the project and will be presented to Council in the near future.

Present Situation
On July 19, 2024, the Channel Street Corridor Improvements, Project No. WT23031, was advertised for bids. On August 22, 2024, five bids were received with the following results:

COMPANY NAME BID AMOUNT
United Pavement Maintenance (Hughson, CA) $6,858,324.11 Dirt Dynasty (Farmington, CA) $6,926,351.00
Redgwick Construction (Oakland, CA) $6,976,694.20
Azul Works, Inc. (San Francisco, CA) $6,992,890.00
George Reed, Inc. (Modesto, CA) $7,082,435.00
Engineer's Estimate $8,262,303.00
United Pavement Maintenance of Hughson, CA, submitted the lowest bid in the amount of $6,858,324.11. However, the Notice Inviting Bids published in The Record erroneously stated that the Local Business Preference Ordinance, Local Employment Ordinance, and CWTA applied to the project. Unfortunately, the project is funded, in part, with ATP funding which does not allow use of the Local Business Preference and Local Employment Ordinances as well as the CWTA. The City Attorney’s Office recommended that all bids be rejected, and the project re-advertised.

SMC section 3.68.160(B) provides that Council shall award a contract to the lowest and best regular responsible bidder or reject all bids. Staff recommends Council approve a motion to reject all bids received. The project advertisement documents have been revised. The project was re-advertised on September 5, 2024, and bids are due September 26, 2024.

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

Attachment A - Vicinity Map
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City of Stockton
Legislation Text
File #: 24-0920, Version: 1
ADOPTION OF PROPOSED COUNCIL POLICY MANUAL CHAPTER 3.13 - COUNCILMEMBER

AND COMMISSIONER CONDUCT POLICY AND ASSOCIATED CREED FOR

COUNCILMEMBERS AND COMMISSIONERS

RECOMMENDATION
Staff recommends that the City Council adopt by resolution the proposed Council Policy Manual (CPM) Chapter 3.13 - Councilmember and Commissioner Conduct Policy and associated Creed for Councilmembers and Commissioners.

Summary
On July 17, 2024, the Council Legislation/Environmental Committee reviewed and provided direction to staff to update the existing Creed for Councilmembers. At the meeting of August 28, 2024, the Committee gave direction to forward the changes and accompanying proposed policy to the City Council. Those changes and the accompanying proposed policy for the CPM are presented for the City Council’s consideration for adoption.

DISCUSSION
Background
At the July 17, 2024, Council Legislation/Environmental Committee meeting, the existing Creed for Councilmembers, dating back to the mid-80s, was discussed by the Committee and direction was received by Staff to modify existing language and include Commissioners in the Creed.

At the August 28, 2024, Council Legislation/Environmental Committee meeting, Staff returned with a proposed CPM Chapter 3.13 - Councilmember and Commissioner Conduct Policy (Attachment A) which provided additional detail to support the accompanying Creed for Councilmembers and Commissioners (Attachment B).

Present Situation
In accordance with Council Legislation/Environmental Committee direction, Staff now presents the proposed CPM Chapter 3.13 - Councilmember and Commissioner Conduct Policy (Attachment A) and associated Creed for Councilmembers and Commissioners (Attachment B) for adoption.

Financial Summary
There is no financial impact from approval of these changes.

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Attachment A- Draft CPM Chapter 3.13 - Conduct
Attachment B- Draft Creed for Councilmembers and Commissioners City of Stockton Page 2 of 2 Printed on 9/13/2024
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§3.13.010 Policy.

The proper operation of democratic government requires that public officials be independent and impartial in their judgment and actions; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials.

And that the realization of these ends is impaired whenever there exists, or appears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. Public interest requires high standards with respect to official conduct.

Therefore, the City Council sets the following standards of conduct for Councilmembers and Commissioners.
1) NORMS AND EXPECTATIONS
i) Members shall:
(1) Always put constituents first.
(2) Treat each other, staff, and members of the public with dignity, courtesy, and respect.
(3) Value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation.
(4) Follow through on commitments and be accountable to each other. (5) Clarify when items are discussed in confidence and maintain appropriate confidentiality.
(6) Be attentive to others, limiting interruptions and distractions. (7) Encourage dissent in debate while being mindful not to prolong discourse or block consensus.
(8) Be candid with each other about ideas and feelings and resolve conflicts directly. (9) Keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves.
(10) Continuously strive to improve how members work as a team. (11) Place clear and realistic demands on staff resources and time when requesting action.
(12) Start and end meetings on time, work from an agenda, and be present, attentive, and prepared.
(13) Present problems in a way that promotes discussion and resolution.

Attachment A 1082
(14) Continually work to build trust in each other.
2) GENERAL CONDUCT
i) Members shall:
(1) Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments.
(2) Be fair, impartial, and unbiased when voting on quasi-judicial actions. (3) Use the speaker sequencing system to inform the presiding officer of their wish to speak and wait to be acknowledged by the presiding officer before speaking. (4) Move to require the presiding officer to enforce these Rules, and the presiding officer shall do so upon an affirmative vote of a majority of the members present. (5) Preserve order and decorum during the meeting.
(6) Not delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking, by conversation or otherwise, nor disobey the orders of the council, or the presiding officer, except as otherwise herein provided.
(7) Support the laws established by the council.
(8) Abide by these Rules in conducting the business of the City of Stockton. (9) Affirm their commitment to these Rules by signing the Creed for Councilmembers and Commissioners.
3) CONDUCT WITH MEMBERS
i) Members shall:
(1) Value each other’s time.
(2) Attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail, and the majority and minority shall show respect for the opinion of all parties. (3) Have the right to dissent from, protest, or comment upon any action of the council.
(4) Respect each other’s opportunity to speak and, if necessary, agree to disagree. (5) Avoid offensive negative comments and practice civility and decorum during discussions and debate.
(6) Assist the presiding officer’s exercise of the affirmative duty to maintain order. 4) CONDUCT WITH CITY MANAGER AND STAFF
Attachment A 1083
i) Members of the city council shall:
(1) Speak to the city manager directly on issues and concerns. (2) Direct the city manager, by majority vote, to implement council policy decisions through the administrative functions of the city. (3) Treat staff professionally and refrain from publicly criticizing individual employees.
(4) Avoid involvement in and commentary on personnel issues except during council closed sessions regarding council-appointed staff, which includes the city attorney, city auditor, city clerk, and city manager. (5) Discuss directly with the city attorney, city auditor, city clerk, and city manager, as appropriate, any displeasure with a department or staff. (6) Request answers to questions on council agenda items from the city attorney, city auditor, city clerk, and city manager prior to the meeting whenever possible. ii) General Direction
(1) Council requests that deal with policy issues and council requests that may be construed as direction must be directed to the city manager. Members may also deal directly with the city attorney, city clerk, city auditor. 5) CONDUCT WITH THE PUBLIC
i) Members shall:
(1) Make the public feel welcome.
(2) Be impartial, respectful, and without prejudice toward the public. (3) Listen courteously and attentively to public comment. (4) Not argue back and forth with members of the public. (5) Make no promises to the public on behalf of the legislative body. 6) CONDUCT WITH OTHER AGENCIES
i) Members shall:
(1) Project a positive image of the city when dealing with other agencies. (2) Show tolerance and respect for other agencies’ opinions and issues and, if necessary, agree to disagree.
(3) Represent official policies or positions of the council when designated as delegates of a legislative body.

Attachment A 1084
(4) Explicitly state when their opinions and positions do not represent the legislative body when representing their individual opinions and positions, and not allow the inference that they do.
(5) Have the ability to lobby or discuss issues that have been adopted by legislative bodies or are standing policies of the legislative bodies with other legislators, government officials, applicants, or other interested persons. 7) CONDUCT WITH BOARDS AND COMMISSIONS
i) Councilmembers shall:
(1) Treat all members of boards, commissions, and committees with appreciation and respect.
(2) Refrain from participation at board, commission, and committee meetings with the purpose of influencing the outcome of those meetings. 8) CONDUCT WITH THE MEDIA
i) Councilmembers shall conduct themselves in accordance with the City Council Communication Guidelines as stated within the Council Policy Manual ii) Members shall not discuss – or go "off the record" with the media to discuss – confidential or privileged information pertaining to closed sessions, or attorneyclient privileged or attorney work product communications, including but not limited to personnel, litigation, or real property negotiations. iii) Providing non-confidential, non-privileged background information is acceptable. 9) ETHICAL CONDUCT
i) Members shall conduct themselves in accordance with the Council Policy Manual Conflict of Interest Code and Code of Ethics including but not limited to:
(1) Members shall comply with the City Charter nepotism policies. (2) Members shall comply with the Mayor and Council Discretionary Funding Policy as stated in the Council Policy Manual.
(3) Members are obligated to comply Assembly Bill 1234 by completing ethics training within 30 days of taking office and at least every two years. (4) Members are obligated to comply with Assembly Bills 1825 and 1661 by completing sexual harassment training within 6 months of taking office and at least every two years.
(5) Members shall follow the Political Reform Act and Fair Political Practices Commission regulations.
(6) Members shall conduct themselves in accordance with all policies and training.

Attachment A 1085

CREED FOR COUNCILMEMBERS AND COMMISSIONERS
As a public official, I believe:

That the proper operation of democratic government requires that public officials be independent and impartial in their judgment and actions; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials.

And that the realization of these ends is impaired whenever there exists, or appears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. Public interest requires high standards with respect to official conduct.

Therefore, as a public official of the City of Stockton, I assert my solemn belief that the primary responsibility for maintaining a high level of conduct among city officials and employees falls upon the Council as the governing body elected by the people. Consequently, as a public official, I believe it is my duty to uphold the expectations of the Council Policy on Conduct of Councilmembers and Commissioners. In accordance with those polices I commit to:

1. Represent and work for the common good of the people of my city and not for private interest, assuring fair and equal treatment of all persons, claims, and transactions coming before me in my official capacity.

2. Learn the background and purposes of all action items before voting and request answers to questions on council agenda items from the city manager, city attorney, and city clerk prior to the meeting whenever possible.

3. Refrain from disclosing confidential information concerning the city government, in accordance with the provisions of the Brown Act. I understand that speaking on activity during Closed Session is a violation of the Brown Act and I may not share Closed Session information with anyone.

4. Help the Council maintain the highest standard of rules of conduct by refusing to approve breaches of public trust or improper attempts to influence legislation and by being willing to vote to censure any public official who willfully violates the duly established rules of conduct. Censure should be for just cause and not for political purposes consistent with the Council Censure Policy.

5. Uphold the standards outlined in the Council Policy Manual Decorum policy.

6. Faithfully perform my duties as a public official by attending all sessions of the meeting body and if applicable, its committees of which I am a member, unless unable to do so for some compelling reason or disability. I will make every attempt to be punctual and ready to conduct business.

Signature Date
Printed Name Title of Office
Attachment B 1086
Resolution No.

STOCKTON CITY COUNCIL

A RESOLUTION ADOPTING THE PROPOSED CITY COUNCIL POLICY MANUAL CHAPTER 3.13, COUNCILMBER AND COMMISSIONER CONDUCT POLICY AND

ASSOCIATED CREED FOR COUNCILMEMBERS AND COMMISSIONERS
The Creed for Councilmembers was approved by the City Council in the mid-1980s; and
The Legislation and Environmental Committee directed staff to redraft the Creed to current standards and to include Commissioners; and
The Creed was best supported by a Council Policy stating Councilmember and Commissioner Conduct standards; and
The Legislation and Environmental Committee directed staff on August 28, 2024, to forward the recommendation to Council to adopt the proposed City Council Policy Manual Chapter 3.13 Councilmember and Commissioner Conduct Policy and the associated Creed for Councilmembers and Commissioners; now, therefore,

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

1. City Council approves the proposed City Council Policy 3.13 entitled “Councilmember and Commissioner Conduct Policy;” attached hereto as “Exhibit 1.”

2. City Council approves the associated Creed for Councilmembers and Commissioners; attached hereto as “Exhibit 2.”

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

PASSED, APPROVED, and ADOPTED September 17, 2024 .

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

KATHERINE ROLAND, CMC,CPMC
Interim City Clerk of the City of Stockton
1087
§3.13.010 Policy.

The proper operation of democratic government requires that public officials be independent and impartial in their judgment and actions; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials.

And that the realization of these ends is impaired whenever there exists, or appears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. Public interest requires high standards with respect to official conduct.

Therefore, the City Council sets the following standards of conduct for Councilmembers and Commissioners.
1) NORMS AND EXPECTATIONS
i) Members shall:
(1) Always put constituents first.
(2) Treat each other, staff, and members of the public with dignity, courtesy, and respect.
(3) Value all opinions, be tolerant of new and different ideas, and encourage creativity and innovation.
(4) Follow through on commitments and be accountable to each other. (5) Clarify when items are discussed in confidence and maintain appropriate confidentiality.
(6) Be attentive to others, limiting interruptions and distractions. (7) Encourage dissent in debate while being mindful not to prolong discourse or block consensus.
(8) Be candid with each other about ideas and feelings and resolve conflicts directly. (9) Keep comments clear, concise, and on-topic to maximize opportunities for all to express themselves.
(10) Continuously strive to improve how members work as a team. (11) Place clear and realistic demands on staff resources and time when requesting action.
(12) Start and end meetings on time, work from an agenda, and be present, attentive, and prepared.
(13) Present problems in a way that promotes discussion and resolution.

EXHIBIT 1 1088
(14) Continually work to build trust in each other.
2) GENERAL CONDUCT
i) Members shall:
(1) Treat each other and everyone with courtesy and refrain from inappropriate behavior and derogatory comments.
(2) Be fair, impartial, and unbiased when voting on quasi-judicial actions. (3) Use the speaker sequencing system to inform the presiding officer of their wish to speak and wait to be acknowledged by the presiding officer before speaking. (4) Move to require the presiding officer to enforce these Rules, and the presiding officer shall do so upon an affirmative vote of a majority of the members present. (5) Preserve order and decorum during the meeting.
(6) Not delay or interrupt the proceedings or the peace of the council, nor disturb any member while speaking, by conversation or otherwise, nor disobey the orders of the council, or the presiding officer, except as otherwise herein provided.
(7) Support the laws established by the council.
(8) Abide by these Rules in conducting the business of the City of Stockton. (9) Affirm their commitment to these Rules by signing the Creed for Councilmembers and Commissioners.
3) CONDUCT WITH MEMBERS
i) Members shall:
(1) Value each other’s time.
(2) Attempt to build consensus on an item through an opportunity for dialogue; but when this is not possible, the majority vote shall prevail, and the majority and minority shall show respect for the opinion of all parties. (3) Have the right to dissent from, protest, or comment upon any action of the council.
(4) Respect each other’s opportunity to speak and, if necessary, agree to disagree. (5) Avoid offensive negative comments and practice civility and decorum during discussions and debate.
(6) Assist the presiding officer’s exercise of the affirmative duty to maintain order. 4) CONDUCT WITH CITY MANAGER AND STAFF
EXHIBIT 1 1089
i) Members of the city council shall:
(1) Speak to the city manager directly on issues and concerns. (2) Direct the city manager, by majority vote, to implement council policy decisions through the administrative functions of the city. (3) Treat staff professionally and refrain from publicly criticizing individual employees.
(4) Avoid involvement in and commentary on personnel issues except during council closed sessions regarding council-appointed staff, which includes the city attorney, city auditor, city clerk, and city manager. (5) Discuss directly with the city attorney, city auditor, city clerk, and city manager, as appropriate, any displeasure with a department or staff. (6) Request answers to questions on council agenda items from the city attorney, city auditor, city clerk, and city manager prior to the meeting whenever possible. ii) General Direction
(1) Council requests that deal with policy issues and council requests that may be construed as direction must be directed to the city manager. Members may also deal directly with the city attorney, city clerk, city auditor. 5) CONDUCT WITH THE PUBLIC
i) Members shall:
(1) Make the public feel welcome.
(2) Be impartial, respectful, and without prejudice toward the public. (3) Listen courteously and attentively to public comment. (4) Not argue back and forth with members of the public. (5) Make no promises to the public on behalf of the legislative body. 6) CONDUCT WITH OTHER AGENCIES
i) Members shall:
(1) Project a positive image of the city when dealing with other agencies. (2) Show tolerance and respect for other agencies’ opinions and issues and, if necessary, agree to disagree.
(3) Represent official policies or positions of the council when designated as delegates of a legislative body.

EXHIBIT 1 1090
(4) Explicitly state when their opinions and positions do not represent the legislative body when representing their individual opinions and positions, and not allow the inference that they do.
(5) Have the ability to lobby or discuss issues that have been adopted by legislative bodies or are standing policies of the legislative bodies with other legislators, government officials, applicants, or other interested persons. 7) CONDUCT WITH BOARDS AND COMMISSIONS
i) Councilmembers shall:
(1) Treat all members of boards, commissions, and committees with appreciation and respect.
(2) Refrain from participation at board, commission, and committee meetings with the purpose of influencing the outcome of those meetings. 8) CONDUCT WITH THE MEDIA
i) Councilmembers shall conduct themselves in accordance with the City Council Communication Guidelines as stated within the Council Policy Manual ii) Members shall not discuss – or go "off the record" with the media to discuss – confidential or privileged information pertaining to closed sessions, or attorneyclient privileged or attorney work product communications, including but not limited to personnel, litigation, or real property negotiations. iii) Providing non-confidential, non-privileged background information is acceptable. 9) ETHICAL CONDUCT
i) Members shall conduct themselves in accordance with the Council Policy Manual Conflict of Interest Code and Code of Ethics including but not limited to:
(1) Members shall comply with the City Charter nepotism policies. (2) Members shall comply with the Mayor and Council Discretionary Funding Policy as stated in the Council Policy Manual.
(3) Members are obligated to comply Assembly Bill 1234 by completing ethics training within 30 days of taking office and at least every two years. (4) Members are obligated to comply with Assembly Bills 1825 and 1661 by completing sexual harassment training within 6 months of taking office and at least every two years.
(5) Members shall follow the Political Reform Act and Fair Political Practices Commission regulations.
(6) Members shall conduct themselves in accordance with all policies and training.

EXHIBIT 1 1091

CREED FOR COUNCILMEMBERS AND COMMISSIONERS
As a public official, I believe:

That the proper operation of democratic government requires that public officials be independent and impartial in their judgment and actions; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government and public officials.

And that the realization of these ends is impaired whenever there exists, or appears to exist, an actual or potential conflict between the private interests of a governmental official and his or her public duties. Public interest requires high standards with respect to official conduct.

Therefore, as a public official of the City of Stockton, I assert my solemn belief that the primary responsibility for maintaining a high level of conduct among city officials and employees falls upon the Council as the governing body elected by the people. Consequently, as a public official, I believe it is my duty to uphold the expectations of the Council Policy on Conduct of Councilmembers and Commissioners. In accordance with those polices I commit to:

1. Represent and work for the common good of the people of my city and not for private interest, assuring fair and equal treatment of all persons, claims, and transactions coming before me in my official capacity.

2. Learn the background and purposes of all action items before voting and request answers to questions on council agenda items from the city manager, city attorney, and city clerk prior to the meeting whenever possible.

3. Refrain from disclosing confidential information concerning the city government, in accordance with the provisions of the Brown Act. I understand that speaking on activity during Closed Session is a violation of the Brown Act and I may not share Closed Session information with anyone.

4. Help the Council maintain the highest standard of rules of conduct by refusing to approve breaches of public trust or improper attempts to influence legislation and by being willing to vote to censure any public official who willfully violates the duly established rules of conduct. Censure should be for just cause and not for political purposes consistent with the Council Censure Policy.

5. Uphold the standards outlined in the Council Policy Manual Decorum policy.

6. Faithfully perform my duties as a public official by attending all sessions of the meeting body and if applicable, its committees of which I am a member, unless unable to do so for some compelling reason or disability. I will make every attempt to be punctual and ready to conduct business.

Signature Date
Printed Name Title of Office
EXHIBIT 2 1092
City of Stockton
Legislation Text
File #: 24-0862, Version: 1

ADOPT RESOLUTIONS IN CONNECTION WITH PROPOSED FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH STOCKTON FACILITIES AND SERVICES)

RECOMMENDATION
It is recommended that the City Council approve the following resolutions:

1. A Resolution of Intention to form a Community Facilities District (“CFD”), establish a future annexation area and to levy a special tax in such district to finance public services and the acquisition and construction of certain public facilities in and for such district; and

2. A Resolution of Intention to incur bonded indebtedness to finance the acquisition and construction of certain public facilities in and for proposed Community Facilities District No. 2024-1 (South Stockton Facilities and Services) (the “District”) The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of these resolutions.

Summary
The City recently annexed into the city limits property commonly known as the Mariposa Industrial Park. As part of the Development Agreement, the developer is required to form a CFD to help offset the General Fund impacts of providing fire service to the District. In addition, this new CFD will provide funding for necessary fire related improvements and will ensure that all benefiting landowners participate in facility financing. CFD bonds will be used to provide the primary funding for authorized facilities, which includes the costs of acquiring land and constructing one or more fire stations to serve this portion of the City.

The resolutions necessary to begin the process of forming the CFD are attached to this staff report.

The resolutions have been approved as to form by the City Attorney.

DISCUSSION
Background
The Mello-Roos Community Facilities Act of 1982, as amended (Government Code Sections 53311 et seq.), was enacted by the California Legislature to provide an alternate method of financing certain essential public capital facilities and services, especially in the developing areas of the State of California. Once duly established by a city, county, or other local agency, a CFD is a legally formed governmental entity with defined boundaries, with the governing board or legislative body of the local agency acting on its behalf. Subject to approval by a two-thirds vote of qualified electors within the City of Stockton Page 1 of 3 Printed on 9/13/2024
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File #: 24-0862, Version: 1
boundaries in compliance with the provisions of the Act, a legislative body of a local agency may issue bonds for a CFD to finance public facilities and may levy and collect a special tax within a CFD to repay such indebtedness, in addition to levying and collecting a component of the tax to pay for public services.

Present Situation
The initial boundary of the District will include just the Mariposa Industrial Park which currently houses a Walmart Distribution Center of approximately 900,000 square feet and is expected to develop other industrial buildings up to another 1,224,880 square feet. In addition to the initial boundary, other undeveloped commercial and industrial areas within the annexation territory will be asked to annex into the District thereby expanding the boundaries as future development occurs.

If formed, the new District will help fund the construction of fire related public capital infrastructure facilities in the project area, including one or more fire stations to reduce service times to this portion of the City. Fire and paramedic related services will also be funded by the special tax.

Steps in Initiating the Formation of a Community Facilities District The formation of a CFD is subjected to a formal public process beginning with the adoption of several Resolutions by the City Council that establish the parameters of the CFD.

The first resolution before the City Council for consideration is the Resolution of Intention (the 'ROI') to Form a CFD and Levy a Special Tax within the territory of the proposed District. The resolution includes:
• The Rate and Method of Apportionment (the “RMA”) defines the amount of special taxes applied to each acre of land withing the boundaries of the District for both facilities and services special taxes and the escalation factors applied to each component. • A list of the types of public facilities and services proposed to be funded by special taxes. • Reference to a boundary map showing the territory that is proposed to be included in the District, including the initial boundary subject to the special tax levy and the future annexation territory.

In addition to the items mentioned above, adoption of the ROI sets the date, time and place for a public hearing on the establishment of the District and future issuance of bonds. At the hearing, testimony concerning the District, and the furnishing of the types of public facilities and services will be heard. Protests by landowners or registered voters residing within the District boundaries and persons owning real property within the CFD will be considered. The date of the public hearing for the proposed District is November 12, 2024, at 5:30 p.m. in the Council Chambers.

The second resolution before the City Council for consideration is the Resolution of Intention to Incur Bonded Indebtedness. The resolution sets forth the maximum proposed amount of bonded indebtedness for the District. The District may issue one or more series of bonds totaling no more than $50.0 million to fund facilities within the District. Actual approval of each series of bonds will require future Council consideration and action.

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Rate and Method of Apportionment of the Special Tax
Parcels within the proposed District will pay a maximum annual special tax based on the RMA, commonly referred to as the Special Tax Formula. Each year, the City will approve the annual costs within the District. The annual costs will include:
· Administrative Expenses
· Annual Services Tax
o Limited to fire, protection and suppression services, and ambulance and paramedic services
· Annual Facilities Tax
o Limited to fire station facilities, including, but not limited to, land acquisition, acquisition of furnishings, equipment, apparatus, communications equipment, and other items required for a fully staffed fire station facility
o Debt Service (i.e., principal and interest on bonds)
o Replenishment of the reserve fund (when necessary)
· An amount equal to estimated special tax delinquencies The annual costs funded by the levy of the special tax will be determined by subtracting other available revenues, such as reimbursement payments, fees, funds available from prepaid special taxes, interest earnings on the bond reserve fund, or receipts of delinquent special taxes from previous fiscal years, from the annual costs. The City will then apply the Special Tax Formula to determine the special tax levy for each parcel.

The maximum annual facilities special tax for each parcel within the District will initially be $650 per acre and will grow at a rate of 2% per year while bonds are outstanding. The maximum annual services special tax for each parcel within the District will initially be $1,637 per acre and will grow at a rate of up to 4% per year. The services special tax and escalator will remain in perpetuity.

FINANCIAL SUMMARY
The estimated cost to the City to form the District is between $40,000 and $60,000 and will include the fees and expenses of the Special Tax Consultant (Economic Planning Systems), Bond Counsel (Jones Hall) and the City’s Municipal Advisor (Del Rio Advisors, LLC). The developer is responsible for paying the full cost for the District formation as a condition of the Development Agreement in an amount not to exceed $100,000.

The City will benefit from the services tax at such times as a property moves to developed status and parcels become subject to the services tax. Developed status means any parcel, prior to May 1 of each year, for which a building permit has been pulled.

Ultimately, when bonds are issued, the City will receive an administrative fee based on a sliding scale of the issuance based on three-quarters of one-percent (0.75%) up to the first $5 million of the par amount of the bond issue; one-half of one-percent (0.50%) of the par amount of the bond issue over $5 million up to $10 million; one-quarter of one-percent (0.25%) of the par amount of the bond issue over $10 million. The City’s Administration Fee is a component of the cost of issuance and is paid from bond proceeds.

City of Stockton Page 3 of 3 Printed on 9/13/2024
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1095
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION OF INTENTION TO FORM A COMMUNITY FACILITIES DISTRICT,

ESTABLISH A FUTURE ANNEXATION AREA AND TO LEVY A SPECIAL TAX IN

SUCH DISTRICT TO FINANCE PUBLIC SERVICES AND THE ACQUISITION AND

CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR SUCH DISTRICT Under the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”), this City Council (the “Council”) of the City of Stockton (the “City”) is authorized to establish a community facilities district and to act as the legislative body for such community facilities district; and
The Council, having received indications of interest on behalf of the owners of the areas of land proposed to be included in a proposed community facilities district, desires to proceed with the establishment of a community facilities district and a future annexation area, all in order to finance costs of public infrastructure and services necessary or incidental to new development in the City; now, therefore,

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

1. It is proposed to establish a community facilities district and establish a future annexation area related thereto, within the City of Stockton under the terms of the Act to finance costs of public services and facilities necessary or incidental to new development in the City.

2. The name proposed for the community facilities district is “City of Stockton Community Facilities District No. 2024-1 (South Stockton Facilities and Services)” (the “CFD”). The name proposed for the future annexation area is the City of Stockton Community Facilities District No. 2024-1 (South Stockton Facilities and Services) (Future Annexation Area) (the “Future Annexation Area”).

3. The proposed boundaries of the CFD and Future Annexation Area are shown on the Map of Proposed Boundary of a Proposed Community Facilities District to be Known as Community Facilities District No. 2024-1 (South Stockton Facilities and Services), City of Stockton, San Joaquin County, California, on file with the City Clerk, which the Council hereby approves as the map describing the extent of the territory included in the proposed CFD and Future Annexation Area. The Council finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. The Council hereby adopts such map as the Map of Proposed Boundary of the CFD and Future Annexation Area and directs the City Clerk to certify the adoption of this resolution on the face of the map, and to file a copy of the map 1096
in the office of the City Clerk in accordance with Section 3111 of the California Streets and Highways Code and within 15 days of the date of adoption of this resolution but in no event later than 15 days prior to the public hearing provided for herein, transmit the map to the County Recorder for recording in the Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of San Joaquin.

Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.

All or any portions of territory that annexes into the CFD from the Future Annexation Area may annex into the CFD as an improvement area (an “Improvement Area”) to be designated at the time of such annexation and no additional hearings, resolutions of the City Council or other procedures are required.

The Unanimous Approval shall specify annexation into the CFD or into a newly established Improvement Area or an Improvement Area then in existence pursuant to the Unanimous Consent. After the designation of a parcel or parcels as an Improvement Area, all proceedings for approval of an appropriations limit, the rate and method of apportionment and manner of collection of special taxes, and the authorization to incur bonded indebtedness may differ from the CFD or any other Improvement Areas, all as set forth in the Unanimous Approval, and shall apply only to the parcel or parcels within such Improvement Area. Likewise, all or any portions of territory that annex into the CFD from the Future Annexation Area or otherwise may be annexed into a separate zone of the CFD or any Improvement Area then in existence or to be designated at the time of such annexation, and no additional hearings or procedures are required and the rate and method of apportionment applicable to such zone may differ from other areas of the CFD as set forth in the Unanimous Approval and shall apply only to the parcel or parcels within such zone, al as provided in the Unanimous Consent.

4. Except to the extent that funds are otherwise available to the CFD to pay for the Facilities (as defined below), and/or the principal and interest as it becomes due on bonds issued by the City for the CFD to construct and/or acquire the Facilities, a special tax (the “Facilities Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the Council or its designee shall determine, including direct billing of the affected property owners.

In addition, an annual special tax (the “Services Special Tax” and together with Facilities Special Tax, the “Special Taxes”) will also be levied within the CFD for authorized services and which tax component may provide additional security for debts of the CFD.
1097
The proposed rate and method of apportionment of the Special Taxes among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the CFD to estimate the maximum amount such owner will have to pay and the length of time such amount may be levied, are described in the Rate and Method of Apportionment attached hereto as Exhibit 1 hereto and hereby incorporated herein (the “Rate and Method”), provided that as set forth in section 53321(d) of the Act, under no circumstances will the Facilities Special Tax levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the district by more than 10% above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

At such time as territory within the Future Annexation Area is annexed into the CFD pursuant to the Unanimous Consent, if such annexation is into or establishing an Improvement Area, approval of a rate and method of apportionment for such territory may differ from that of the CFD or other Improvement Areas as set forth in the Unanimous Approval, and shall provide sufficient detail to allow each landowner within the annexed territory to estimate the maximum amount such owner will have to pay.

A Facilities Special Tax shall not be levied after the fiscal year identified in the Rate and Method, except that a Facilities Special Tax that was lawfully levied in or before the final tax year and that remains delinquent may be collected in subsequent years.

As required by section 53339.3(d) of the Act, as to annexed property, the City Council hereby determines that the Facilities Special Tax proposed to pay for public facilities financed with bonds that have already been issued shall be the same for parcels annexed as the tax levied in the existing CFD (or Improvement Area, if applicable) for that purpose, except that a higher Special Tax may be levied for that purpose within the territory proposed to be annexed or to be annexed in the future to compensate for the interest and principal previously paid by the CFD (or such existing Improvement Area, if applicable) less any depreciation allocable to the public facility. In so finding, the City Council does not intend to limit its ability to levy a Facilities Special Tax within territory to be annexed or to be annexed in the future to pay for new or additional public facilities, with or without bond financing.

The Services Special Tax proposed to pay for Services to be supplied within territory annexed in the future shall be equal to any Services Special Tax levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory to be annexed in the future to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the existing CFD. The foregoing shall not be construed to limit the levy of the Services Special Tax within the territory to be annexed in the future to provide new or additional Services beyond those supplied within the existing territory of the CFD, or to pay for new or additional Facilities, with or without bond financing.
1098
The Council hereby finds that the provisions of sections 53313.6, 53313.7, and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

5. The type of public services and facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items listed as Facilities (the “Facilities”) and Services (the “Services”) on Exhibit 2 hereto and hereby incorporated herein.

The Council hereby determines that the Facilities are necessary to meet increased demands placed upon local agencies as the result of development occurring within the CFD and the Future Annexation Area. The financing of the costs of Facilities may include, without limitation, the payment of principal of and interest on bonds together with all direct, indirect periodic, and/or other related costs (including, without limitation, costs of administering the CFD, levying the Special Tax and administering the bonds, and establishing and replenishing reserve funds). Land annexed into the CFD pursuant to a Unanimous Approval may specify additional facilities and services to be financed by the Special Taxes levied on such annexed land, as set forth in the Unanimous Consent, without additional proceedings, provided the conditions set forth in this Section with respect to the original Facilities and Services are met.

The City Council hereby finds and determines that section 53329.5(a) of the Act relating to the City calling for bids for construction of the Facilities are inapplicable to the CFD in that the City will acquire but not construct the Facilities. To that end, City may enter into one or more contracts directly with any owner or developer of land within the CFD for acquisition of Facilities.

The Council hereby determines that the Services are necessary to meet increased demands for such services placed upon the City as the result of development occurring within the area of the CFD and the Future Annexation Area. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof. Similarly, services to be financed by special taxes upon territory within the Future Annexation Area shall be in addition to those provided in such territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof.

6. Except as may otherwise be provided by law or by the Rate and Method, all lands owned by any public entity, including the United States, the State of California and the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Taxes. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, the Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the required debt service payments and other annual expenses of the CFD, if any, subject to the provisions of the Rate and Method. It is anticipated that the Special Taxes will be billed as a separate 1099
line item on the regular property tax bill. However, the Council reserves the right, under Section 53340 of the Act, to utilize any method of collecting the Special Taxes which it shall, from time to time, determine to be in the best interests of the City, including, but not limited to, direct billing by the City to the property owners and supplemental billing.

7. The levy of the Special Taxes shall be subject to the approval of the qualified electors within the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the CFD, with each owner having one vote for each acre or portion of an acre such owner owns in the CFD. The Council hereby determines that the Facilities and Services are necessary to meet increased demands placed upon local agencies as the result of development occurring within the CFD. The Council hereby further determines the Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof.

8. It is the intention of the Council, acting as the legislative body for the CFD, to cause bonds of the City to be issued for the CFD pursuant to the Act to finance in whole or in part the construction and/or acquisition of the Facilities. The bonds issued in these proceedings shall be callable in accordance with the provisions of the Act, and shall be issued in such series and bear interest payable semi-annually or in such other manner as the Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, shall mature not to exceed 40 years from the date of the issuance thereof and shall be as more specifically set forth in any resolution authorizing the issuance of such bonds.

9. The City Chief Financial Officer, as the officer having charge and control of the Facilities and Services in and for the CFD, or the designee of such official, is hereby directed to cause and direct a study of said proposed CFD and the Facilities and Services, and to cause to be prepared for filing at the public hearing the report required by Section 53321.5 of the Act (the “CFD Report”) presenting at least the following:
(a) A brief description of the Facilities and Services by type which will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Facilities and Services, including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection therewith, including the costs of the proposed bond financing and all other related costs as provided in section 53345.3 of the Act.

The CFD Report shall be made a part of the record of the public hearing specified below.

10. The Council hereby sets Tuesday, November 12, 2024, at 5:30 p.m., at the City of Stockton City Council Chambers located at 425 N. El Dorado Street, Stockton, California 95202, as the time and place when and where the Council, as legislative body 1100
for the CFD, will conduct a public hearing on the establishment of the CFD and the Future Annexation Area, and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the Future Annexation Area and the levy of the Special Taxes within the CFD. At the hearing, testimony concerning the CFD and the Future Annexation Area, the extent of the CFD and the Future Annexation Area or the furnishing of the particular types of public facilities and services will be heard, and protests will be considered from registered voters residing within the CFD and persons owning real property within the CFD. Written protests by the owners of a majority of the land which would be subject to special taxation within the CFD will require the suspension of proceedings for at least one year. Written protests must be filed with the City Clerk at or before the time fixed for the hearing. If such protests are directed only against certain elements of the proposed improvements or proposed special tax, and if such protests constitute a majority protest, only those elements shall be deleted from the proceedings.

11. The City Clerk is hereby directed to cause notice of the public hearing, attached hereto as Exhibit 3, to be given by one-time publication in a newspaper of general circulation in the area of the CFD and the Future Annexation Area. The publication shall be completed at least 7 days before the date of the public hearing referenced above. The notice shall be substantially in the form specified in section 53322 of the Act and attached hereto, with the form summarizing the provisions hereof hereby specifically approved.

12. This Resolution shall take effect immediately upon its adoption.

13. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED September 17, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1101
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-1
EXHIBIT 1
City of Stockton
Community Facilities District No. 2024-1
(South Stockton Facilities and Services)
San Joaquin County, California

RATE, METHOD OF APPORTIONMENT, AND

MANNER OF COLLECTION OF SPECIAL TAX

1. Basis of Special Tax Levy
A Special Tax authorized under the Mello-Roos Community Facilities Act of 1982 (Act) applicable to the land in the City of Stockton Community Facilities District No. 2024-1 (South Stockton Industrial/Commercial Services and Maintenance District) (CFD) of the City of Stockton (City) shall be levied and collected according to the tax liability determined by the City through the application of the appropriate amount or rate, as described below.

2. Definitions
“Acre” or “Acreage” means the land area of a County Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311 and following of the California Government Code. “Administrative Expenses” means the actual or reasonably estimated costs related to the administration of the CFD, including, but not limited to, these:
a. Costs of computing Special Taxes and preparing annual Special Tax collection schedules (whether by the City or any designee thereof or both). b. Costs of collecting the Special Taxes (whether by the County, the City, or otherwise).
c. Costs of remitting the Special Taxes to the Trustee. d. Costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Bond Indenture.

EXHIBIT 1 1102
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-2
e. Costs to the City, CFD, or any designee thereof of complying with arbitrage rebate requirements.
f. Costs to the City, CFD, or any designee thereof of complying with City, CFD, or obligated persons disclosure requirements.
g. Costs associated with preparing Special Tax disclosure statements. h. Costs incurred in responding to public inquiries regarding the Special Taxes. i. Costs to the City, CFD, or designee thereof related to any appeal of the Special Taxes.
j. Costs associated with the release of funds from an escrow account, if any. k. Costs to the City for the issuance of Bonds authorized by the CFD that are not recovered through the Bond sale proceeds.
l. Amounts estimated to be advanced or already advanced by the City for any other administrative purposes, including attorney’s fees and other costs related to collection of the Special Taxes and commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager or their designee. “Annexation Parcels” means a Parcel or Parcels annexed to the CFD after formation. The Maximum Annual Facilities Special Tax and Maximum Annual Services Special Tax will be assigned to Parcels in the annexation area using the provisions of Sections 4 and 5.
“Annual Facilities Costs” means, for any Fiscal Year, the total of these:
a. Administrative expenses for such Fiscal Year.
b. Debt Service to be paid from Facilities Special Taxes. c. The amount needed to replenish the reserve fund for the Bonds to the level required under the Bond Indenture, to the extent not included in a computation of Annual Facilities Costs in a previous Fiscal Year. d. The amount needed to (1) cure any delinquencies in the payment of principal or interest on Bonds, which have occurred in the prior Fiscal Year and (2) to fund any foreseeable deficiency of the amount to be available for the payment of principal or interest on Bonds, which are expected to occur in such Fiscal Year.
e. Authorized Facilities funded on a Pay-As-You-Go Basis.

EXHIBIT 1 1103
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-3
f. Less any available earnings on the reserve fund, Facilities Special Tax funds, or any other available revenues of the CFD or the City that may be used to fund Annual Facilities Costs.
“Annual Services Costs” means, for any Fiscal Year, the total of these for the CFD:
a. Authorized Services costs to be paid from Services Special Taxes. b. Administrative Expenses for such Fiscal Year.
c. The amount needed to (1) cure any delinquencies in the payment of the Services Special Tax in the prior Fiscal Year, to the extent not otherwise included in a computation of Annual Services Costs in the current or any previous Fiscal Year, and (2) to fund any foreseeable deficiency in the payment of the Services Special Tax for that Fiscal Year which is expected to occur in such Fiscal Year, to the extent not included in a computation of Annual Services Costs in the current or any previous Fiscal Year. d. Less any available earnings on the Services Special Tax funds or any other available revenues of the CFD or the City that may be used to fund Annual Services Costs.
“Anticipated Construction Proceeds” means the amount anticipated to be available through the CFD for acquiring or constructing Authorized Facilities, which is equal to $20.0 million at formation of the CFD. This amount is increased on July 1 of the current Fiscal Year for the prior calendar year by the average increase in the ENR-CCI.
“Assessor’s Parcel Map” means an official map of the County Assessor designating Parcels by Assessor’s Parcel Number.
“Assessor's Parcel Number” means the Parcel and Parcel Number as assigned by the County Assessor on the equalized tax roll.
“Authorized Facilities” means those facilities to be financed, as identified in the resolution forming the CFD.
“Authorized Services” means those services authorized to be funded by the CFD, as defined in the resolution forming the CFD.
“Base Year” means the Fiscal Year beginning July 1, 2024, and ending June 30, 2025.
“Benefit Share” means the Maximum Annual Facilities Special Tax for a Parcel divided by the Maximum Annual CFD Special Tax Revenue.

EXHIBIT 1 1104
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-4
“Bond Indenture” means the indenture, resolution, fiscal agent agreement, or other financing document pursuant to which any Bonds are issued. “Bond Share” means the share of Outstanding Bonds assigned to a Parcel as specified in Section 8 hereof.
“Bond(s)” means any bond(s) issued by the City for the CFD under the Act and any other debt, as defined in the Act, the City incurs to further the CFD’s purposes.
“Building Permit” means a permit issued by the City for the construction of a Nonresidential Use structure.
“CFD” means the City of Stockton Community Facilities District No. 2024-1 (South Stockton Facilities and Services) of the City of Stockton, San Joaquin County, California.
“Chief Financial Officer” means the Chief Financial Officer for the City, or their designee.
“City” means the City of Stockton in San Joaquin County, California. “Council” means the City Council of the City acting for the CFD under the Act. “County” means the County of San Joaquin, California.
“County Assessor’s Parcel” means a lot or Parcel with an assigned Assessor’s Parcel Number in the maps used by the County Assessor in preparing the tax roll. “Debt Service” means the total amount of Bond principal, interest, and the scheduled sinking fund payments of the Bonds in the calendar year that begins in that Fiscal Year.
“Developed Parcel” means, in any Fiscal Year for all Nonresidential Use Parcels, all Parcels for which a Building Permit for new construction of a Nonresidential Use structure was issued before May 1 of the preceding Fiscal Year. “ENR-CCI” means the Engineering News-Record—Construction Cost Index for San Francisco in the prior calendar year, as determined on July 1 of the current Fiscal Year.
“Facilities Special Tax” means the Special Tax authorized to be levied in the CFD to fund Annual Facilities Cost. Facilities Special Taxes are shown in Attachment 1, or as to Annexation Parcels, as shown in a subsequent attachment to the RMA.
“Fiscal Year” means the period starting July 1 and ending the following June 30.

EXHIBIT 1 1105
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-5
“Full Prepayment” means the complete fulfillment of a Parcel’s Facilities Special Tax obligation, as determined by following the procedures in Section 8. “Maximum Annual Facilities Special Tax” means the greatest amount of Facilities Special Tax that can be levied against a Parcel in a given Fiscal Year, as shown in Attachment 1.
“Maximum Annual Facilities Special Tax Revenue” means the greatest amount of Facilities Special Tax revenue that can be collected in total from a group of Parcels (such as Developed Parcels) by levying the Maximum Annual Facilities Special Tax charged per Taxable Acre, as shown in Attachment 1. “Maximum Annual Services Special Tax” means the greatest amount of Services Special Tax that can be levied against a Parcel in a given Fiscal Year, as shown in Attachment 1.
“Maximum Annual Services Special Tax Revenue” means the greatest amount of Services Special Tax revenue that can be collected in total from a group of Parcels (such as Developed Parcels) by levying the Maximum Annual Special Tax charged per Taxable Acre, as shown in Attachment 1. “Maximum Annual Special Tax Revenue” means the greatest amount of revenue that can be collected in total from a group of Parcels (such as Developed Parcels) by levying the Maximum Annual Special Tax.
“Maximum Annual CFD Special Tax Revenue” means the sum of the Maximum Annual Special Tax levied on all Taxable Parcels in the CFD in a Fiscal Year.
“Mixed Use Parcel” means a Parcel or Parcels designated for a combination of Residential Uses and Nonresidential Uses.
“Nonresidential Use” means a Taxable Parcel with land uses which may include commercial (office, neighborhood, general, etc.), industrial (limited, general, etc.), and Mixed Use Parcels (Nonresidential Use portion only). “Outstanding Bonds” means the total principal amount of Bonds that have been issued and not fully repaid or legally defeased.
“Parcel” means any County Assessor’s Parcel in the CFD based on the equalized tax rolls of the County as of January 1 of each Fiscal Year. “Partial Prepayment” means the partial fulfillment of a Parcel’s Special Tax obligation, as determined by following the procedures in Section 8. “Pay-As-You-Go Basis” means the use of annual and one-time Special Tax revenues to directly fund the acquisition, construction, and improvement of Authorized Facilities on a first in-first out basis.

EXHIBIT 1 1106
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-6
“Prepayment” means the complete or partial fulfillment of a Parcel’s Special Tax obligation, as determined by following the procedures in Section 8. “Proportionately” means that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Developed Parcels. For Undeveloped Parcels, Proportionately means that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Undeveloped Parcels. “Public Parcel” means any Parcel that is or is intended to be publicly owned, as designated in any final map that is normally exempt from the levy of general ad valorem property taxes under California law, including public streets; schools; parks; and public drainageways, landscaping, wetlands, greenbelts, and open space.
“Remaining Facilities Costs” means the amount of Anticipated Construction Proceeds less construction proceeds from previous CFD Bond issuances and costs of Authorized Facilities funded on a Pay-As-You-Go Basis from the levy of the Special Tax.
“Remaining Facilities Cost Share” means the Remaining Facilities Costs multiplied by the Benefit Share.
“Reserve Fund” means any debt service reserve fund established pursuant to the Bonds.
“Reserve Fund Requirement” means the amount required to be held in any Reserve Fund.
“Reserve Fund Share” means the amount on deposit in any Reserve Fund, but in any event not to exceed the Reserve Fund Requirement, multiplied by the Benefit Share for a given Parcel.
“Residential Use” means a Parcel designated for residential use, such as singlefamily residential Units, residential condominiums, townhouses, or apartments.

Residential Uses Parcels are Tax-Exempt Parcels under this RMA. “RMA” means the Rate and Method of Apportionment of Special Tax. “Services Special Tax” means the Special Tax authorized to fund Annual Services Costs. Services Special Taxes are shown in Attachment 1. “Special Tax(es)” mean(s) any tax levy under the Act in the CFD. “Subdivision” or “Subdivided” means a division of a Parcel into two or more Parcels through the Subdivision Map Act process. A Subdivision also may include the merging of two or more Parcels to create new Parcels.

EXHIBIT 1 1107
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-7
“Tax Category” means the categories of taxable land uses shown in Attachment 1.
“Tax Collection Schedule” means the document prepared by the Administrator for the County Auditor-Controller to use in levying and collecting the Special Taxes each Fiscal Year.
“Tax Escalation Factor” means a factor of 2 percent by which the Maximum Annual Facilities Special Tax and Maximum Annual Facilities Special Tax Rates shall be increased annually. The Maximum Annual Services Special Tax may be increased up to 4 percent annually at the City’s discretion. The Administrator should refer to Section 4a and Section 5a for application of the Tax Escalation Factor.
“Taxable Acreage” means that area of a Parcel determined by the Administrator to become a Taxable Parcel or Parcels upon further Subdivision. An example might be that a Large Lot Parcel Map creates a Remainder Parcel that, according to Attachment 1, contains both taxable and tax-exempt uses, such as a detention basin.
“Taxable Parcel” means any Parcel that is not a Tax-Exempt Parcel. “Tax-Exempt Parcel” means a Parcel not subject to the Annual Special Tax.

Tax-Exempt Parcels include (a) Public Parcels, (b) Residential Uses, and (c) Parcels owned by the City, school districts, special districts, or the state or federal government. A Taxable Parcel that is acquired by a public agency shall remain a Taxable Parcel as per the provisions of Sections 4g and 5g.

Certain privately owned Parcels also may be exempt from the levy of Annual Special Taxes, including common areas owned by property owner associations, wetlands, detention basins, water quality ponds, and open space, as determined by the Administrator.
“Trustee” means a national banking association organized and existing under the laws of the United States.
“Undeveloped Parcel” means a Taxable Parcel that is not a Developed Parcel.

3. Duration of the Special Tax
The Facilities Special Tax will be levied and collected until Fiscal Year 2073-74.

The Services Special Tax will be levied and collected in perpetuity.

EXHIBIT 1 1108
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-8

4. Administrative Tasks for the
Facilities Special Tax
Tasks required of the Administrator for the Facilities Special Tax are discussed below:
a. Annual Special Tax Escalation. The Administrator shall increase the Maximum Annual Facilities Special Tax and Maximum Annual Facilities Special Tax Rates by the Tax Escalation Factor in all Fiscal Years following the Base Year. b. Assignment of the Maximum Annual Facilities Special Tax to Developed Parcels. Attachment 1 identifies the Maximum Annual Facilities Special Tax per Taxable Acre for Developed Parcels. The Maximum Annual Facilities Special Tax is determined by multiplying the Taxable Acreage of a Developed Parcel by the Maximum Annual Facilities Special Tax for a given Fiscal Year. c. Assignment of the Maximum Annual Facilities Special Tax to Undeveloped Parcels. Undeveloped Parcels are Tax-Exempt Parcels until the issuance of a Building Permit for Nonresidential Uses.
d. Assignment of the Maximum Annual Facilities Special Tax to Annexation Parcels. Upon annexation of property to the CFD, Parcels will be assigned Maximum Annual Facilities Special Taxes using Attachment 1. Once annexed, these annexed Parcels shall be will be subject to the same procedures for assignment of the Maximum Annual Facilities Special Tax to Developed Parcels described in Section 4b.
e. Conversion of a Tax-Exempt Parcel to a Taxable Parcel. If a Tax-Exempt Parcel is not needed for public use and is converted to a taxable use or transferred to a private owner, it shall become subject to the Facilities Special Tax. The Maximum Annual Facilities Special Tax for the newly Taxable Parcel will be determined using the provisions of Sections 4 and 6 of the RMA. f. Taxable Parcels Acquired by a Public Agency. A Taxable Parcel that is acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 of the Government Code. An exception to this may be made if a Public Parcel, such as a park site, is relocated to a Taxable Parcel, in which case the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Parcel and the Maximum Annual Facilities Special Tax from the previously Taxable Parcel is transferred to the new Taxable Parcel. This trading of a Parcel from a Taxable Parcel to a Public Parcel will be permitted to the extent there is no net loss in Maximum Annual CFD Special Tax Revenue, and the transfer is agreed to by the owners of the Parcels involved in the transfer and the CFO.

EXHIBIT 1 1109
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-9

5. Administrative Tasks for the
Services Special Tax
Tasks required of the Administrator for the Services Special Tax are discussed below:
a. Annual Special Tax Escalation. The Administrator shall increase the Maximum Annual Services Special Tax and Maximum Annual Special Services Tax Rates by the Tax Escalation Factor in all Fiscal Years following the Base Year. b. Assignment of the Maximum Annual Services Special Tax to Developed Parcels. Attachment 1 identifies the Maximum Annual Services Special Tax per Taxable Acre for Developed Parcels. The Maximum Annual Services Special Tax is determined for a Developed Parcel by multiplying the Taxable Acres by the Maximum Annual Services Special Tax for a given Fiscal Year. c. Assignment of the Maximum Annual Services Special Tax to Undeveloped Parcels. Undeveloped Parcels are Tax-Exempt Parcels until the issuance of a Building Permit for Nonresidential Uses.
d. Assignment of the Maximum Annual Services Special Tax to Annexation Parcels. Upon annexation of property to the CFD, Parcels will be assigned Maximum Annual Services Special Taxes using Attachment 1. Once annexed, these annexed Parcels will be subject to the same procedures for assignment of the Maximum Annual Services Special Tax to Developed Parcels described in Section 5b. d.
e. Conversion of a Tax-Exempt Parcel to a Taxable Parcel. If a Tax-Exempt Parcel is not needed for public use and is converted to a taxable use or transferred to a private owner, it shall become subject to the Services Special Tax. The Maximum Annual Services Special Tax for the newly Taxable Parcel will be determined using the provisions of Sections 5 and 6 of the RMA. f. Taxable Parcels Acquired by a Public Agency. A Taxable Parcel that is acquired by a public agency after the CFD is formed will remain subject to the applicable Special Tax unless the Special Tax obligation is satisfied pursuant to Section 53317.5 of the Government Code. An exception to this may be made if a Public Parcel, such as a park site, is relocated to a Taxable Parcel, in which case the previously Tax-Exempt Parcel of comparable acreage becomes a Taxable Parcel and the Maximum Annual Services Special Tax from the previously Taxable Parcel is transferred to the new Taxable Parcel. This trading of a Parcel from a Taxable Parcel to a Public Parcel will be permitted to the extent there is no net loss in Maximum Annual CFD Special Tax Revenue, and the transfer is agreed to by the owners of the Parcels involved in the transfer and the CFO.

EXHIBIT 1 1110
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-10

6. Assignment of the Maximum Annual
Special Tax
a. Classification of Parcels. For purposes of the next Fiscal Year tax levy, by June 30 of each Fiscal Year, using the Definitions in Section 2, the Parcel records of the Assessor’s secured tax roll as of January 1, and other City development approval records, the Administrator shall cause:

1. Each Parcel to be classified as a Taxable Parcel or Tax-Exempt Parcel.

2. Each Parcel to be classified as a Developed Parcel or an Undeveloped Parcel.
b. Assignment of the Maximum Annual Special Tax to Taxable Parcels. The Maximum Annual Special Tax will be assigned to each Taxable Parcel each Fiscal Year using the procedures (not all steps may be applicable for each such Parcel) in Sections 4 and 5.

7. Calculating Annual Special Taxes
This section discusses the levy of the Facilities Special Tax and the Services Special Tax. Collectively, these Special Taxes are included in the discussion of the assignment of the Maximum Annual Special Taxes. The Administrator will compute the Annual Facilities Costs and Annual Services Costs and determine the annual Special Tax levy for each Taxable Parcel based on the assignment of the Special Tax in Sections 4, 5, and 6. The Administrator then will determine the tax levy for each Taxable Parcel using the following process.

Facilities Special Tax Levy
a. Compute the Annual Facilities Costs using the definition of Annual Facilities Costs in Section 2.
b. For all Taxable Parcels, calculate the Facilities Special Tax levy for each using the following steps:

Step 7.b.1. The Facilities Special Tax shall be levied Proportionately on all Developed Parcels up to the amount of Annual Facilities Cost or up to 100 percent of the Maximum Annual Facilities Special Tax Revenue for all Developed Parcels, whichever is less.

Services Special Tax Levy
a. Compute the Annual Services Cost using the definition of Annual Services Costs in Section 2.

EXHIBIT 1 1111
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-11
b. For all Taxable Parcels, calculate the Services Special Tax levy for each using the following steps:

Step 7.b.1. The Services Special Tax shall be levied Proportionately on all Developed Parcels up to the amount of Annual Services Cost or up to 100 percent of the Maximum Annual Services Special Tax Revenue for all Developed Parcels, whichever is less.
c. Sum the amounts calculated for the Facilities Special Tax levy and the Services Special Tax levy computed above.
d. Levy on each Taxable Parcel the amount calculated above. e. Prepare the Tax Collection Schedule and, unless an alternative method of collection has been selected pursuant to Section 10, send it to the County Auditor requesting that it be placed on the general, secured property tax roll for the Fiscal Year. The Tax Collection Schedule will be sent no later than the date required by the County Auditor for such inclusion.

The Administrator will make every effort to calculate the Special Tax correctly for each Parcel. It will be the burden of the taxpayer to identify any errors in determining which Parcels are subject to the tax and their Special Tax assignments.

8. Prepayment of the Special Tax
Obligation
A property owner may permanently or partially satisfy the Maximum Annual Facilities Special Tax for a Taxable Parcel by a Full or Partial Prepayment, as permitted under Government Code Section 53344. Prepayments must be made by May 1 to have the Prepayment reflected in the following Fiscal Year’s Special Tax levy. Prepayment is permitted only under the following conditions:
• The City determines that Prepayment of the Facilities Special Tax does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds.
• The landowner prepaying the Special Tax on a Parcel has paid any delinquent Special Tax and penalties on that Parcel before Prepayment. • Amounts in the Reserve Fund are equal to or greater than the Reserve Fund Requirement.
• The City determines that the Prepayment will not jeopardize its ability to make timely payments of Debt Service and maintain a 110 percent Maximum EXHIBIT 1 1112
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-12
Annual Facilities Special Tax coverage of Debt Service, plus Administrative Expenses in all years where there will be Outstanding Bonds.

When permitted, the Administrator shall calculate Full Prepayments using the following steps:
a. The Full Prepayment amount before any issuance of CFD Bonds shall be calculated using the following procedures:

Step 8.a.1. Determine the Maximum Annual Facilities Special Tax for the Developed Parcel for which the Special Tax is to be prepaid using the provisions of Sections 4 and 6.

Step 8.a.2. Divide the amount from Step 8.a.1. by the Maximum Annual Facilities Special Tax Revenue to determine the Benefit Share for the Full Prepayment Parcel.

Step 8.a.3. Multiply the Remaining Facilities Costs, as increased by ENR-CCI from the Base Year, by the Benefit Share to determine the Full Prepayment amount.

Step 8.a.4. Add to the amount determined in Step 8.a.3. any costs to the City, including the costs of any City consultants, associated with the preparation of the Full Prepayment calculation.
b. The Full Prepayment amount after all issuances of CFD Bonds shall be calculated using the following procedures:

Step 8.b.1. Determine the Maximum Annual Facilities Special Tax for the Parcel for which the Special Tax is to be prepaid using the provisions of Sections 4 and 6.

Step 8.b.2. Divide the amount from Step 8.b.1. by the Maximum Annual Facilities Special Tax Revenue to determine the Benefit Share for the Parcel.

Step 8.b.3. Multiply the Benefit Share by the total amount of Outstanding Bonds to determine the Bond Share for the Full Prepayment Parcel.

Step 8.b.4. Multiply the Benefit Share by the Remaining Facilities Costs, as increased by ENR-CCI from the Base Year, to determine the Remaining Facilities Cost Share for the Full Prepayment Parcel.

Step 8.b.5. Sum the Bond Share and Remaining Facilities Cost Share from Steps 8.b.3. and 8.b.4.

EXHIBIT 1 1113
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-13
Step 8.b.6. Determine the total amount of Bonds to be called by rounding the amount summed in Step 8.b.5. down to the nearest $5,000.

Step 8.b.7. Multiply the amount calculated in Step 8.b.6. by the call premium for the next available call date.

Step 8.b.8. Determine the Reserve Fund Share for the Full Prepayment Parcel by multiplying the Reserve Fund Requirement by the Benefit Share.

Step 8.b.9. Reduce the amount calculated in Step 8.b.5. by the amount of the Reserve Fund Share in Step 8.b.8., provided the amount in the Reserve Fund equals the Reserve Fund Requirement after reduction.

Step 8.b.10. Determine the Full Prepayment amount by adding to the amount calculated in Step 8.b.9. any fees, call premiums, and interest to the next Bond call date not covered by Special Taxes already levied and collected for the prepaying Parcel, and expenses incurred by the CFD in connection with the Full Prepayment calculation or the application of the proceeds of the Full Prepayment to the call of Outstanding Bonds.

Step 8.b.11. If the Special Taxes already have been levied but not collected, the Parcel shall not become a Full Prepayment Parcel until the owner of the Parcel has paid the Special Taxes included on the current property tax bill in addition to the Full Prepayment amount.
c. Partial Prepayments are allowed only for Parcels owned by a property owner before the issuance of the initial Building Permit. A Partial Prepayment can occur only once per Assessor’s Parcel. The City may allow a Partial Prepayment if it is determined that the Partial Prepayment will not jeopardize its ability to make timely payments of Debt Service and maintain a 110-percent Maximum Special Tax coverage of Debt Service, plus Administrative Expenses in all years where there will be Outstanding Bonds.

Partial Prepayments can occur only after the Final Bond Sale. Partial Prepayments will be calculated as described below:

The amount of any Partial Prepayment must be either 25 percent or 50 percent of the Full Prepayment amount determined in Step 8.b.10.

A Partial Prepayment may be made in an amount equal to 25 percent or 50 percent of the Full Prepayment desired by the party making a Partial Prepayment, except that the full amount of Administrative fees and expenses determined in Step 8.b.10. shall be included in the Partial Prepayment. The Maximum Annual Special Tax that can be levied on a Parcel after a Partial EXHIBIT 1 1114
Rate, Method of Apportionment, and Manner of Collection of Special Tax August 2, 2024
Economic & Planning Systems, Inc. (EPS) 1-14
Prepayment is made is equal to the Maximum Annual Special Tax that could have been levied before the Prepayment, reduced by the percentage of the Full Prepayment that the Partial Prepayment represents, all as determined by or at the direction of the Finance Director. For example, if the Partial Prepayment is equal to 25 percent, the Maximum Annual Special Tax applied to the Parcel would be 75 percent of the Maximum Annual Special Tax.

9. Interpretation, Application, and
Appeal of Special Tax Formula and
Procedures
Any taxpayer who feels the amount of the Special Tax assigned to a Parcel is in error may file a notice with the Finance Director appealing the levy of the Special Tax. The Finance Director then will promptly review the appeal and, if necessary, will meet with the applicant. If the Finance Director verifies that the tax should be modified or changed, the Special Tax levy will be corrected and, if applicable in any case, a credit or refund will be granted.

Interpretations may be made by the City, without Resolution or Ordinance of the Council, for purposes of clarifying any vagueness or ambiguity as it relates to the Special Tax rate, the method of apportionment, the classification of properties, or any definition applicable to the CFD.

Without Council approval, the Finance Director may make minor, non-substantive administrative and technical changes to the provisions of this RMA that do not materially affect the rate, method of apportionment, or manner of collection of the Special Tax for purposes of administrative efficiency or convenience or to comply with new applicable federal, state, or local law.

The City, upon request of an owner of land in the CFD that is not a Developed Parcel, also may amend this RMA in any manner acceptable to the City, without Resolution or Ordinance of the Council, upon the affirmative vote of such owner and without the vote of owners of any other land in the CFD, provided such amendment only affects such owner’s land and does not reduce the total Maximum Annual Special Tax Revenue for the CFD.

10. Manner of Collection
The Special Tax will be collected in the same manner and at the same time as ad valorem property taxes, provided, however, the Administrator or its designee may directly bill the Special Tax and may collect the Special Tax at a different time, such as on a monthly or other periodic basis, or in a different manner, if necessary, to meet the City’s financial obligations.

EXHIBIT 1 1115
Attachment 1
City of Stockton CFD No. 2024-1
(South Stockton Facilities and Services)
Maximum Annual Special Tax per Acre (Base Year 2024-25) Maximum Annual Maximum Annual Total
Facilities Special Tax Services Special Tax Maximum Annual Land Use Category Per Acre Per Acre Special Tax
[1] [2]
per acre per acre per acre
Commercial $650 $1,637 $2,287
Industrial $650 $1,637 $2,287
Undeveloped $0 $0 $0
"att1"
[2] The Maximum Annual Facilities Special Tax will escalate by 2-percent each Fiscal Year following the Base Year.
[2] The Maximum Annual Services Special Tax will escalate by 4-percent each Fiscal Year following the Base Year.

Prepared by EPS 8/14/2024 Z:\Shared\Projects\SAC\232000\232107 Stockton Mariposa Road Services CFD\Models\232107 Model Stress 15 cents EXHIBIT 1 1116
CITY CLERK CITY CLERK'S MAP FILING STATEMENT CITY CLERK'S MAP STATEMENT BY: RECORDER'S STATEMENT 0 1000 2000 4000 SCALE: 1"=2000' CITY OF STOCKTON SAN JOAQUIN COUNTY CALIFORNIA 1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678 (916) 773-1189 SHEET 1 OF 1 18529.CFD AUGUST 2024 SAN JOAQUIN COUNTY, CALIFORNIA CITY OF STOCKTON CITY CLERK SAN JOAQUIN COUNTY, CALIFORNIA CITY OF STOCKTON PROPOSED BOUNDARY MAP COUNTY OF SAN JOAQUIN PROPOSED CFD BOUNDARY LEGEND DOCUMENT NO. FEE: COUNTY RECORDERN AREAS OF FUTURE ANNEXATION BOOK ____ OF COMMUNITY FACILITIES DISTRICT, PAGE ____ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF STOCKTON, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA THIS _______ DAY OF ____________ 2024. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING THE PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH STOCKTON FACILITIES AND SERVICES), CITY OF STOCKTON, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF , 2024 BY IT'S RESOLUTION NO. . FILED THIS DAY OF , 2024, AT THE HOUR OF O'CLOCK M. IN BOOK OF MAPS OF COMMUNITY FACILITIES DISTRICT, AT PAGE _____ IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA. INTERSTATE 5 ARCH-AIRPORT RD ARCH RD HIGHWAY 99
HIGHWAY 99

S AIRPORT WAY

FRENCH CAMP RD STOCKTON METROPOLITAN AIRPORT INDUSTRIAL DR FRENCH CAMP STOCKTON CITY LIMIT STOCKTON CITY STOCKTON CITY LIMIT LIMIT STOCKTON CITY LIMIT

NEWCASTLE RD

S AUSTIN RD
ZEPHYR ST 34 5 6 1 2 7 CITY OF STOCKTON COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH STOCKTON FACILITIES AND SERVICES) EXHIBIT 1
1117
EXHIBIT 2
City of Stockton
Community Facilities District No. 2024-1
(South Stockton Facilities and Services)
San Joaquin County, California

LIST OF AUTHORIZED FACILITIES AND SERVICES
The authorized facilities and services to be funded from the levy and collection of annual special taxes shall consist of those items set forth below, in addition to the costs associated with collecting and administering the special taxes and annually administering the CFD.

AUTHORIZED FACILITIES
The authorized facilities to be funded for the Community Facilities District (CFD) No. 2024-1 (South Stockton Facilities and Services) include these:

1. Fire station facilities, including, but not limited to, land acquisition, acquisition of furnishings, equipment, apparatus, communications equipment, and other items required for a fully staffed fire station facility.

AUTHORIZED SERVICES
The authorized services to be funded for the CFD include these:

1. Fire protection and suppression services, and ambulance and paramedic services.

FORMATION, ADMINISTRATIVE, AND INCIDENTAL EXPENSES
In addition to the above facilities and services, other expenses incidental to the above and authorized by the Mello-Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning, permitting, and designing the facilities; land acquisition and easement payments for the facilities; project management; construction staking; engineering studies and reports; utility relocation and demolition costs incidental to construction of the facilities, wetland/species mitigation purchase.

In addition, costs eligible to be financed by the CFD shall include all costs associated with the formation and ongoing administration of the CFD and issuance of bonds; determination of the amount of taxes and collection of taxes; inspection, plan check and other costs related to acceptance of the facilities by the City, payment of taxes; and any other costs incurred to carry out the authorized purposes of the CFD.

EXHIBIT 2 1118
EXHIBIT 3

FORM OF

NOTICE OF PUBLIC HEARING ON PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH STOCKTON FACILITIES AND

SERVICES)

CITY OF STOCKTON, SAN JOAQUIN COUNTY, CALIFORNIA
The City of Stockton is considering the formation of a community facilities district (the "CFD") under the authority of the Mello-Roos Community Facilities Act of 1982, as amended, to fund certain public facilities and services related to new development within the City of Stockton, and to incur bonded indebtedness of the CFD.

This Notice contains a brief summary of the proposal, but you are referred to the City Council's Resolution of Intention to Form a Community Facilities District and Levy a Special Tax Therein (No. ____ adopted ________, 2024) and its Resolution of Intention to Incur Bonded Indebtedness (No. ___ adopted ________, 2024) for details of the proposal.

The proposal is to subject the property within the CFD to a special tax which will be used to pay for facilities of benefit to land within the CFD, including paying principal and interest on bonds used to build facilities and to pay for certain public services, and will expire, as to the facilities component when the bonds are retired and all eligible facilities are financed. The proceeds of the bonds will be used to pay for the facilities and other expenses set forth in the resolutions referred to in the preceding paragraph. A map showing the land proposed to be included in the CFD is on file with the City Clerk.

The proposal also includes authority to issue bonds for the CFD, to be repaid by the special tax, in amounts specified in the resolution. Neither the City of Stockton nor any person outside the CFD has any liability for the special tax or the bonds. The security for the bonds is limited to the property subject to the special tax within the CFD.

In order to confer the authority upon the City Council of the City of Stockton to levy the Facilities Special Taxnd to issue the bonds, a public hearing must be held on the proposal, then the City Council will decide whether to form the CFD, and finally the qualified electors within the CFD must approve the proposal by a two-thirds vote. Where the CFD is uninhabited (as is the case here) the qualified electors are, pursuant to law, the owners of property within the CFD.

This is the notice of the public hearing. The public hearing will be held during the City Council meeting on Tuesday, November 12, 2024 at 5:30 p.m., in the Stockton City Hall Council Chambers located at 425 N. El Dorado Street, Stockton, California 95202.

At the hearing, the testimony of all interested persons or potential special taxpayers for or against the formation of the CFD, the authorization to levy the special tax, and the authorization to issue the bonds will be heard. If written protests against the proposed CFD are delivered to the City Clerk at or before the time set for the hearing by either registered voters residing within, or the owners of property within, the proposed CFD, they will be counted toward a possible majority protest. Such protests by a majority of the registered voters residing within CFD or by the owners of a majority of the land area within the CFD which is or will be subject to the special tax, if not withdrawn prior to the close of the hearing so as to reduce the value of the EXHIBIT 3 1119
protests to less than a majority, will require the applicable proposed CFD to be eliminated from immediate consideration, and prevent its being included in a subsequent proceedings for at least one year.

If the Council, after the public hearing, determines that a majority protest under Section 53324 of the California Government Code was not made at the hearing, the Council may conduct an election by mailed or hand-delivered ballot to levy a special tax.

Questions should be directed to the undersigned, telephone (209) 937-8459.

Dated: ________, 2024
/s/ Katherine Roland
Interim City Clerk
City of Stockton
EXHIBIT 3 1120
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS TO FINANCE

THE ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2024-1 (SOUTH

STOCKTON FACILITIES AND SERVICES)
The City Council (the “Council”) of the City of Stockton (the “City”) has this date adopted its “Resolution of Intention to Form a Community Facilities District, Establish a Future Annexation Area, and to Levy a Special Tax in Such District to Finance Public Services and the Construction and Acquisition of Certain Public Facilities in and for Such District” (the “Resolution of Intention”), stating its intention to form the City of Stockton Community Facilities District No. 2024-1 (South Stockton Facilities and Services) (the “CFD”) and designate a future annexation area, all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at section 53311, of the California Government Code (the “Act”), for the purpose of financing certain public improvements and public services, as further provided in that Resolution of Intention; and
In order to finance the costs of the Facilities (defined below) it is necessary to incur bonded indebtedness on behalf of the CFD; now, therefore,

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

1. The Council declares and finds that in order to finance the acquisition and construction of public facilities (the "Facilities") described in the Council’s Resolution of Intention, captioned "RESOLUTION OF INTENTION TO FORM A COMMUNITY

FACILITIES DISTRICT, ESTABLISH A FUTURE ANNEXATION AREA AND TO LEVY A

SPECIAL TAX IN SUCH DISTRICT TO FINANCE PUBLIC SERVICES AND THE

ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC FACILITIES IN AND FOR SUCH DISTRICT" it is necessary to incur a bonded indebtedness.

2. The purpose for which the proposed bonded indebtedness is to be incurred is to provide the funds necessary to pay for the cost of said Facilities.

3. In order to finance the costs of the Facilities, it is necessary for the City to authorize bonded indebtedness for the CFD in an amount not to exceed $50,000,000 (the “Authorization”).

In the event any series of bonds issued under the Authorization is refunded to produce savings meeting the requirement of section 53362.5 of the Act, all or a portion of 1121
the savings achieved through the issuance of refunding bonds may be used to finance Facilities insofar as the savings component provides capacity for bonded indebtedness in excess of that being refunded, and such additional bonded indebtedness attributable to the savings component shall not reduce and may exceed the amount of bonded indebtedness authorized herein.

4. It is the intention of the Council that any such bonds issued shall be made callable in accordance with the terms of the Act and as more specifically to be set forth in any resolution authorizing issuance of the bonds, and shall be issued in such series and bear interest payable semi-annually or in such other manner as the Council shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof.

5. The Council hereby sets Tuesday, November 12, 2024, at 5:30 p.m., at the City of Stockton City Council Chambers located at 425 N. El Dorado Street, Stockton, California 95202, as the time and place for a hearing by the Council on the proposed bond issue. At that time and place any persons interested, including any persons owning property in the CFD, will be heard.

6. The City Clerk is hereby directed to cause notice of said public hearing to be given by one-time publication in a newspaper of general circulation in the area of the CFD. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Such notice shall be substantially in the form specified in section 53346 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

7. This Resolution shall take effect immediately upon its adoption.

8. The City Manager is authorized to take such other actions as are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED September 17, 2024 .

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

KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
1122
City of Stockton
Community Facilities District No. 2024‐1
(South Stockton Facilities and Services)
City Council Meeting
September 17, 2024
Agenda Item 15.2
1123
Actions for Consideration
• A Resolution of Intention to form a Community Facilities District (“CFD”), establish a future annexation area and tolevy a special tax in such district to finance public servicesand the acquisition and construction of certain publicfacilities in and for such district; and • A Resolution of Intention to incur bonded indebtedness (maximum amount $50 million) to finance the acquisitionand construction of certain public facilities in and forproposed Community Facilities District No. 2024‐1 (SouthStockton Facilities and Services) (the “District”) 2 1124
Proposed Boundary Map
3 Initial Boundary
1125
CFD 2024‐1
(Initial Boundary andAnnexationTerritory)
The initial boundary of the District will include just the MariposaIndustrial Park which currently houses a Walmart Distribution Center of approximately 900,000 square feet and is expected to develop other industrial buildings up to another 1,224,880 square feet.

In addition to the initial boundary, other undeveloped
commercial and industrial areas within the annexation territorywill be asked to annex into the District thereby expanding the boundaries as future development occurs.
4 1126
CFD 2024‐1 (Facilities and Services)
The CFD special taxes will help fund the construction of fire related public capital infrastructure facilities in the project area, including one or more fire stations to reduce service times to this portion of the City. Fire and paramedic related services will also be funded by the special tax.

The maximum annual facilities special tax for each parcel withinthe CFD will initially be $650 per acre and will grow at a rate of 2% per year while bonds are outstanding.

The maximum annual services special tax for each parcel withinthe CFD will initially be $1,637 per acre and will grow at a rate of up to 4% per year. The services special tax and escalator will remain in perpetuity.
5 1127
City Council Actions
Required for CFD Formation
• Tonight’s meeting: Resolution of Intention (“ROI”) to Form CFD and Intention to Incur Bonded Indebtedness and Set Date for Public Hearing (Target Date: November 12, 2024)
• After a minimum 30 days: Resolution of Formation (“ROF”) Meeting • Hold Public Hearing• Adopt Resolution of Formation• Adopt Resolution of Necessity to Incur Debt• Conduct Election (usually at the same meeting as the Resolution of Formation)
• Reading of SpecialTax Ordinance• Record Notice of SpecialTax Lien• Special tax becomes effective 30‐days later 6 1128
Questions / Discussion
7 1129
City of Stockton
Legislation Text
File #: 24-0754, Version: 1

REQUEST FOR APPROVAL OF AN ADDENDUM TO AN APPROVED ENVIRONMENTAL IMPACT

REPORT, PREZONING, ZONING AND DEVELOPMENT AGREEMENT AMENDMENT FOR FOUR

PARCELS TO BE INCLUDED INTO THE MARIPOSA INDUSTRIAL PARK DEVELOPMENT AT 5252, 5262 AND 5276 EAST MARIPOSA ROAD (APNS 179-220-14; -15; -25; -26) (APPLICATION NO. P24-0104)

RECOMMENDATION
It is recommended that City Council:

1. Adopt a Resolution approving an Addendum to the Mariposa Industrial Park Environmental Impact Report (SCH #2020120283); and

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

3. Adopt an Ordinance for the Prezoning of APNs 179-220-14; -15; and -26 to Industrial, Limited (IL); and to designate Industrial, Limited (IL) Zoning for APN 179-220-25; and

4. Adopt an Ordinance for a Development Agreement Amendment; and

5. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the approved resolutions and ordinances.

Summary
Greenlaw Partners, LLC, proposes to include four (4) additional parcels into the Mariposa Industrial Park project area totaling approximately 7.6-acres located east of State Highway Route 99 on the south side of Mariposa Road. The proposed incorporation of the lands into the Mariposa Industrial Park project will essentially “square off” the boundary of the site making future development more efficient. Since the Mariposa Industrial Park has a Development Agreement, an amendment is requested to include the four (4) parcels in the Agreement.

Annexation and prezoning is requested for three (3) of the four (4) parcels that are currently located within the County of San Joaquin. The remaining parcel is presently within the Stockton City limits however, does not have assigned zoning.

To develop the project, the City Council is being asked to approve an Addendum to the previously certified Environmental Impact Report (EIR) for the Mariposa Industrial Park (SCH #2020120283).

Additionally, the City Council is asked to adopt an Ordinance for the prezoning of the associated three (3) parcels to Industrial, Limited (IL); and designate Industrial, Limited (IL) zoning for the one City of Stockton Page 1 of 6 Printed on 9/13/2024
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unzoned parcel; and approve an amendment to the Development Agreement to incorporate the new parcels.

The project is consistent with the 2040 General Plan Land Use Map designation of Industrial applicable to the site. The project also furthers General Plan policies aimed at attracting and retaining companies that offer high-quality jobs with wages that are competitive with the region and state (Goal LU-4), attracting employment and tax-generating businesses in the city (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2). On August 22, 2024, the Planning Commission held a public hearing to consider the application request and approved a recommendation to the City Council for approval.

DISCUSSION
Background
On December 6, 2022, the Mariposa Industrial Park Project was approved by the City Council and included certification of an Environmental Impact Report, an Ordinance for Prezoning and a Development Agreement, Annexation and Settlement Agreements with the Sierra Club and State Attorney General. On April 13, 2023, the project site was incorporated into the City of Stockton limits based on approval by the San Joaquin Local Agency Formation Commission.

The current requested project consists of four (4) legal parcels identified as Assessor’s Parcel Numbers 179-220-14; -15; -25 and -26 which are located south of Mariposa Road. Three parcels, APNs 172-220-14; -15-; 26 are currently within the jurisdiction of the County of San Joaquin. The remaining parcel, APN 179-220-25, is within the City of Stockton City Limits but does not have assigned zoning because the San Joaquin Local Agency Formation Commission (LAFCo) elected to include this parcel in the prior Mariposa Industrial Park Project annexation which was not prezoned by the City (Attachment A - Location Map and Aerial Photo).

The parcels are bound to the:
· North by rural residential homes and across Mariposa Road by industrial development located in the County of San Joaquin; and
· South, East and West by fallow agricultural lands presently undeveloped. To the south and east are lands approved for development in the Mariposa Industrial Park. To the west includes lands currently in review for entitlement for the expansion of the Mariposa Industrial Park.

APN 179-220-25 is currently vacant within the City of Stockton jurisdiction and located adjacent to Mariposa Road.

APNs 179-220-14 and -15 contain two (2) single-family homes that Greenlaw was not in possession of during the initial entitlement process for the Mariposa Industrial Park and therefore were not included. Greenlaw now has ownership of these parcels.

APN 179-220-26 is a twenty-foot (20’) access road that serves the two (2) single-family parcels.

Greenlaw also has ownership of this access road.

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The 2040 General Plan Land Use Map designates the subject 4 parcels as Industrial (Attachment B - General Plan Land Use Map). Since the subject properties do not presently have City zoning, you will see in Attachment C - Zoning Map that there is no zoning shown, however, the surrounding properties in the City limits are zoned IL (Industrial Limited).

Project Description
Greenlaw Partners, LLC, has applied for all required entitlements to include the four (4) additional parcels in the Mariposa Industrial Park project area (Attachment D - Mariposa Industrial Park Project Area). The proposed inclusion of these parcels would enable the future development of industrial warehouse buildings on a site that is more amenable to development with linear boundaries instead of having property lines meandering into the site.

The four (4) parcels total approximately 7.6-acres and would be incorporated into the existing Mariposa Industrial Park project area. The Mariposa Industrial Park has an approved Environmental Impact Report and associated entitlements that enable up to a maximum of 3.6 million square feet of warehouse industrial uses on the site. Development of the Mariposa Industrial Park is subject to numerous requirements embodied in the approved Development Agreement and certified EIR for the project, which includes a Mitigation and Monitoring Reporting Program (MMRP). The current request for inclusion of these parcels into the Mariposa Industrial Park does not propose to change the maximum allowable building development on the overall site, including building locations and square footage. Further, this would not result in additional traffic generation, and other environmental impacts would not change as a result of the Project.

Future proposed industrial uses within the larger Mariposa Industrial Park Project would be required to be consistent with the existing General Plan designation of Industrial and proposed pre-zoning of Industrial, Limited (IL) which may have further restrictions on allowable land uses per SMC Section

16.20.020 (Allowable Land Uses and Permit Requirements).

STAFF ANALYSIS
To develop the Project, the City Council is asked to consider approving a Resolution for the approval of an Addendum to the Certified Environmental Impact Report, an Ordinance for Prezoning and designation of Zoning, a Development Agreement Amendment, and authorize the filing of an annexation application with LAFCo. Each request and staff’s analysis are provided below.

Environmental Clearance
In 2023, an Environmental Impact Report (EIR) was certified by the City Council (SCH # 2020120283), for the Mariposa Industrial Park Project. As the proposed Project amends a portion of the project area contained in the original EIR by the addition of these lands, an addendum to the certified EIR was prepared in accordance with the California Environmental Quality Act (CEQA) State Guidelines Section 15164 (Proposed Resolution EIR Addendum - Exhibit 1).

The addendum analyzes the annexation and prezoning of APNs 179-220-14, -15 -26, as well as the designation of zoning for APN 179-220-25, and concludes that the proposal does not result in substantial changes or create new significant environmental effects beyond what was anticipated in the original EIR. Therefore, no further environmental analysis is required pursuant to Section 15164 City of Stockton Page 3 of 6 Printed on 9/13/2024
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(Addendum to an EIR or Negative Declarations) or Title 14 of the California Code of Regulations (State CEQA Guidelines). All existing mitigation measures will be implemented for future development of the Project site.

Development Agreement Amendment
An amendment to the existing approved Development Agreement (DA) is being requested that will incorporate the four (4) subject parcels. There are no additional changes being made to the DA.

The existing DA identifies a range of developer and City obligations and responsibilities for how the Project development may occur in the coming years. The DA addresses allowances for exceeding the maximum 60-foot building height, infrastructure construction, payment of applicable fees, and similar issues.

The proposed DA amendment is included as Exhibit 1 to the proposed ordinance and as Attachment E - Development Agreement Amendment.

Prezoning and Zoning
Three of the parcels (APNs 179-220-14; -15; and -26) are located within the County of San Joaquin.

Annexation must occur and be preceded by “Prezoning” through a Zoning Map Amendment. The project, therefore, includes a request to Prezone the three parcels to Industrial, Limited (IL) to match the existing surrounding zoning, and is included as Exhibit 1 to the proposed ordinance.

The remaining parcel (APN 179-220-25) is currently located within the City of Stockton limits and was annexed as part of the original entitlements for the Mariposa Industrial Park Project through the San Joaquin Local Agency Formation Commission (LAFCo) process. This parcel was not included as part of the City’s entitlement process as it was not considered in the Environmental Impact Report or Project Description. However, LAFCo has independent discretion and included it in their environmental review and subsequently included this parcel with the annexation for the Mariposa Industrial Park. As a result, this parcel does not have zoning associated with it and must be zoned.

The 2040 General Plan Land Use Map designates the project site as Industrial. Pursuant to Table 2- 1 (General Plan Relationship to Development Code) of the General Plan, the IL Zone is compatible with the Industrial General Plan Land Use Map designation of Industrial. As reflected in the Proposed Resolution, all necessary findings can be made to support the proposed Prezoning and designation of Zoning actions.

Upon approval of the Annexation by the San Joaquin Local Agency Formation Commission (LAFCo), the Zoning Map Amendment for Prezoning would become effective and applicable. The designation of zoning for Parcel 179-220-25 would become effective within 30 days from Council’s approval since this is already in the City limits.

Annexation
There are three parcels (APNs 179-220-14; -15; -26) that are presently located within the jurisdiction of San Joaquin County, while the remaining parcel (APN 179-220-25) is currently located within the City of Stockton and does not require annexation.

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The applicant has requested annexation of the three (3) additional parcels into the City of Stockton.

Pursuant to SMC Section 16.212.050(C)(1), the City Council is the Review Authority for annexation requests upon recommendation from the Development Review Committee (DRC). On September 5, 2024, the Development Review Committee (DRC) recommended approval of the requested annexation.

If approved by City Council, the City Manager would be authorized to file an annexation application with the LAFCo.

Memorandum of Understanding & Settlement Agreement
A Memorandum of Understanding (MOU) was approved for the Mariposa Industrial Park project (P20 -0805) that identified a range of City obligations and responsibilities that have been negotiated and agreed upon between the City and the Department of Justice Attorney General’s Office. This document is not affected by this application.

Additionally, a Settlement Agreement was approved for the Mariposa Industrial Park project (P20- 0805) that identified additional City and Developer obligation, such as adoption of a comprehensive Warehouse Ordinance and enhanced mitigation measures for the project. This document is also not affected by this application.

Municipal Service Review
The General Plan illustrates the City’s anticipated 20-year growth within the approved planning boundaries. State law requires the City to prepare a Sphere of Influence and Municipal Service Review (SOI/MSR) report to assess services (fire, police, schools, utilities, etc.) for the anticipated General Plan growth. The SOI/MSR includes a section highlighting the City’s anticipated 10-year growth through pending project approvals and areas of interest. The proposed annexation was anticipated in the SOI/MSR 10-year Planning Horizon as shown in Attachment F. Detachment of Rural Fire Services is also a requirement and is shown in Exhibit 2 to the Annexation Resolution.

PUBLIC COMMENT
Planning Commission
On August 22, 2024, the Stockton Planning Commission held a public hearing to consider the project.

One member of the public provided comments and was opposed to the Project. Following the hearing, the Planning Commission approved a recommendation that the City Council approve the proposed Project, by a vote of 4-0 (Commissioner Vielma abstained and Commissioners Thompson and Boparai absent); see Attachment G - Planning Commission Resolution.

Public Notice
In advance of the City Council public hearing, on September 6, 2024, notice for the City Council public hearing for this request was published in The Record and mailed notice was sent to all property owners within a 300-foot radius, interested parties, and local agencies, at least ten (10) days prior. As of the writing of this staff report, no written comments have been submitted.

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FINANCIAL SUMMARY
All application fees were paid to cover staff time for processing the requested actions. The previously Mariposa Industrial Park project has an approved City Services Plan, in which it was determined that the overall project will result in a positive effect on the City that will cover expenses associated with new or expanded public facilities and services as a result of the collection of one-time utility connection and Public Facilities Fees (PFF) estimated at $5,997,979. Other plan check and permit fees will be generated based on construction valuation.

Lastly, the approved Development Agreement requires the formation of a Community Facilities District (CFD) which will provide funding from the development for the construction, staffing, equipment, and maintenance for a fire station to serve the Mariposa Industrial Park area. The estimated cost of the station is $10 million with $3 million in ongoing annual staffing, equipment, and maintenance costs. This Project will be required to annex into the CFD.

Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Mariposa Industrial Park Project Area
Attachment E - Development Agreement Amendment
Attachment F - MSR/10-Year Horizon Graphic
Attachment G - Planning Commission Resolution
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City of Stockton, CA
Locati on Map & Aerial Photo June 25, 2024
Property Information
Property ID 17922025-109404
Location 5252 E MARIPOSA RD
Owner

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1045.8205882302072 ft
ATTACHMENT A 1136
City of Stockton, CA
Genera l Plan Map June 25, 2024
Property Information
Property ID 17922025-109404
Location 5252 E MARIPOSA RD
Owner

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1045.8205882302072 ft
ATTACHMENT B 1137
Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF WAY
ATTACHMENT B 1138
City of Stockton, CA
Zoning Map June 25, 2024
Property Information
Property ID 17922025-109404
Location 5252 E MARIPOSA RD
Owner

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 1045.8205882302072 ft
ATTACHMENT C 1139
Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF WAY (ROW)
ATTACHMENT C 1140
BaseCamp
Figure 1-4
BaseCamp Environmental AERIAL PHOTO
BaseCamp
SOURCE: Google Maps
MARIPOSA 1

PROJECT SITE

PROPOSED

PROJECT
ATTACHMENT D 1141
Final 8/30/24

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN
TO:

City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Attention: City Clerk
Record for the Benefit of
The City of Stockton
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only

FIRST AMENDMENT
TO

DEVELOPMENT AGREEMENT

BY AND BETWEEN
CITY OF STOCKTON, a
California municipal corporation
AND

GREENLAW DEVELOPMENT, LLC
a California limited liability company

MARIPOSA INDUSTRIAL PARK PROJECT
Effective Date: _____________, 2024
Attachment E 1142
1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First
Amendment”), dated for reference purposes as of ____________, 2024 (“Amendment Date”), is entered into by and between the CITY OF STOCKTON, a California municipal corporation (“City”), and GREENLAW DEVELOPMENT, LLC, a California limited liability company (“Developer”). Developer and City may each be referred to individually herein as a “Party” and collectively as the “Parties.”

R E C I T A L S
This First Amendment is entered into on the basis of the following facts, understandings and intentions of the Parties.

A. City and Developer are parties to that certain Development Agreement by and between City of Stockton, a California municipal corporation, and Greenlaw Development, LLC, a California limited liability company, for the Mariposa Industrial Park Project, recorded in the Official Records of San Joaquin County on May 16, 2023, as Document Number 2023-038261 (hereafter, the “Agreement”). All capitalized terms in this First Amendment shall have the meanings ascribed to them in the Agreement unless specifically defined otherwise herein.

B. Since the Parties executed the Agreement, Developer has acquired a legal or equitable interest, as used by Government Code subsections 65865(a) and (b), in four (4) parcels of real property that are adjacent to the Property that is the subject of the Agreement. One of the parcels is located within the City of Stockton, and the other three parcels are located outside the City of Stockton in the unincorporated area of the County of San Joaquin (the “County”).

C. In conjunction with its development of other property adjacent to the Property that is the subject of the Agreement, Developer has applied to City to annex to City the other three parcels that are not currently within the City of Stockton, and City intends to petition the County Local Agency Formation Commission (“LAFCO”) for approval of such annexation so that all four of the parcels described in Recital B above will be within the City of Stockton. These four parcels bear Assessor’s Parcel Numbers 179-220-14, 179-220-15, 179-220-25 and 179-220-26 (together, the “Additional Property”), and are more particularly described and depicted in Exhibit A attached hereto and incorporated herein.

D. City and Developer have determined and agree that development of the Additional Property in accordance with the terms and conditions of the Agreement would be in the best interests of the Parties and, therefore, consistent with Section 65865(b) of the Development Agreement Statute, the Parties have agreed to amend the Agreement to bring the Additional Property within the coverage of the Agreement.

E. The potential environmental impacts from development of the Additional Property consistent with the terms and conditions of the Agreement were evaluated by the City, in compliance with the requirements of the California Environmental Quality Act (“CEQA”), in that certain Environmental Impact Report for the Mariposa Industrial Park (State Clearinghouse No. 2020120283) certified by the City on December 6, 2022 (the “MIP EIR”).

Attachment E 1143
2 F. On _______ ___, 2024, City’s Planning Commission recommended, by adoption of Resolution No. _______, that the City Council take the following actions:

1. Determine that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.

2. Adopt an ordinance authorizing City to execute this First Amendment to bring the Additional Property within the coverage of the Agreement.

G. On _______ ___, 2024, the City Council took the following actions:

1. Determined that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.

2. Adopted Ordinance No. ______, authorizing the City to execute the First Amendment to bring the Additional Property within the coverage of the Agreement.

NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

A G R E E M E N T

1. Incorporation of Preamble, Recitals, and Exhibits. The Preamble, Recitals, Exhibits and all defined terms set forth therein are hereby incorporated into this First Amendment as if set forth herein in full.

2. Amendment to Definition of “Property” in Agreement. The definition of “Property” in Article 1 on page 7 of the Agreement is hereby amended by deleting the existing definition in its entirety, and replacing it with the text set forth below:
“Property” is defined in Recital C, and also includes the Additional Property, as defined in Recital C of that certain First Amendment to Development Agreement by and between City and Developer approved by Ordinance No. ______.

3. Continued Effectiveness of Agreement. Except as expressly modified herein, the Agreement shall remain in full force and effect. The provisions of this First Amendment are several and separate and should a legal challenge be brought challenging this First Amendment, such challenge shall in no way affect or impact the continuing validity and vitality of the Agreement.

4. Effective Date; Recording. This First Amendment shall become effective on the Effective Date identified on the signature page. Not later than ten (10) days following Attachment E 1144
3 the Effective Date, a duly executed and notarized copy of this First Amendment shall be recorded in the Official Records of the County of San Joaquin.

5. Signature Pages. For convenience, the signatures of the parties to this First Amendment may be executed and acknowledged on separate pages in counterparts which, when attached to this First Amendment, shall constitute one complete agreement. [SIGNATURES ON FOLLOWING PAGE]
Attachment E 1145
4 IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the Effective Date shown below.

CITY:

CITY OF STOCKTON,
a California municipal corporation
By:

Harry Black, City Manager
[Signature must be notarized]
ATTEST:

By:

Katherine Roland, CMC, CPMC, Interim City Clerk
“Effective Date”: _______________
APPROVED AS TO FORM:

By:

Lori M. Asuncion, City Attorney
DEVELOPER:

By:

Name: Rob Mitchell, Partner
[Signatures must be notarized]
Attachment E 1146
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx EXHIBIT “A”

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF SAN JOAQUIN COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL A
BEING ALL OF PARCELS ONE AND TWO DESCRIBED IN THE GRANT DEED RECORDED ON AUGUST 9, 2023, AS INSTRUMENT NO. 2023-062875, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF MARIPOSA ROAD (WIDTH VARIES), SAID POINT ALSO BEING THE MOST NORTHERLY COMMON CORNER OF SAID PARCEL ONE (2023- 062875) WITH THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 8, 2024, IN BOOK 41 OF SURVEYS, AT PAGE 12, SAN JOAQUIN COUNTY RECORDS;

THENCE ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, ALSO BEING THE NORTHERLY LINE OF SAID PARCEL ONE (2023-062875), SOUTH 59° 53’ 28” EAST, 200.72 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE EASTERLY LINE OF SAID PARCELS ONE AND TWO (2023-062875), SOUTH 17° 50’ 54” EAST, 3121.55 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL TWO; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL TWO, SOUTH 72° 09’ 06” EAST, 20.00 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL TWO;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL TWO (2023-062875), NORTH 17° 50’ 54” WEST, 2860.95 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL ONE THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2023-062875), NORTH 58° 48’ 18” WEST, 170.97 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL ONE; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2023-062875), NORTH 17° 52’ 14” WEST, 282.52 FEET TO THE POINT OF BEGINNING.

CONTAINING 94,974 SQUARE FEET OR 2.1803 ACRES MORE OR LESS OF LAND.

PARCEL B
BEING ALL OF PARCEL ONE DESCRIBED IN THE GRANT DEED RECORDED ON FEBRUARY 25, 2019, AS INSTRUMENT NO. 2019-019341, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL ONE (2019-019341), AS SHOWN ON SAID RECORD OF SURVEY (41 ROS 12);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE (2019-019341), NORTH 72° 09’ 06” EAST, 301.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE; Attachment E 1147
Z:\2020\A20631-3\DOCS\SURVEY\LEGAL DESCRIPTION\A20631-3-LD_3 PCLS.docx THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ONE (2019-019341), SOUTH 17° 50’ 54” EAST, 358.93 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2019-019341), SOUTH 72° 09’ 06” EAST, 301.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2019-019341), NORTH 17° 50’ 54” WEST, 358.92 FEET TO THE POINT OF BEGINNING.

CONTAINING 108,108 SQUARE FEET OR 2.4818 ACRES MORE OR LESS OF LAND.

PARCEL C
BEING ALL OF PARCEL ONE DESCRIBED IN THE GRANT DEED RECORDED ON AUGUST 11, 2008, AS INSTRUMENT NO. 2008-130946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED APRIL 6, 2023, AS INSTRUMENT NO. 2023-026946, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, SAID POINT BEING THE NORTHEAST CORNER OF SAID PARCEL ONE (2008-130946), AS SHOWN ON SAID RECORD OF SURVEY (41 ROS 12);
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL ONE (2008-130946), NORTH 72° 09’ 06” EAST, 301.20 FEET TO THE NORTHEAST CORNER OF SAID PARCEL ONE; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ONE (2008-130946), SOUTH 17° 50’ 54” EAST, 358.93 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE;
THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL ONE (2008-130946), SOUTH 72° 09’ 06” EAST, 301.20 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL ONE, THENCE ALONG THE WESTERLY LINE OF SAID PARCEL ONE (2008-130946), NORTH 17° 50’ 54” WEST, 358.92 FEET TO THE POINT OF BEGINNING.

CONTAINING 108,108 SQUARE FEET OR 2.4818 ACRES MORE OR LESS OF LAND.

PARCELS A, B & C DESCRIBED ABOVE BEING SHOWN ON A PLAT LABELED EXHIBIT “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
__________________________________ ______________
RICHARD J. HICKENBOTTOM, PLS 8654 DATE
8/30/2024
Attachment E 1148
8/30/2024
Attachment E 1149
FIGURE -7: 10-YEAR PLANNING HORIZON ANNEXATION AREAS
Source: City of Stockton, 2016 Placeworks, revised February 22, 2022 Attachment F 1150
Attachment G 1151
Attachment G 1152
Attachment G 1153
SECOND ADDENDUM
TO THE
ENVIRONMENTAL IMPACT REPORT
MARIPOSA INDUSTRIAL PARK
State Clearinghouse No.: 2020120283
Certified by the City of Stockton, California
December 2022
SMALL PARCEL ANNEXATION, PREZONING AND REZONING
IDENTIFY PG&E SUBSTATION AS PROPOSED USE
August 14, 2024
Prepared for:

City of Stockton
Community Development Department
345 N. El Dorado Street
Stockton, CA 95202
Prepared by:

BaseCamp Environmental, Inc.
802 W. Lodi Avenue
Lodi, CA 95240
Attachment G 1154

TABLE OF CONTENTS
Page

1.0 Introduction 1

2.0 CEQA Provisions Related to the Addendum 9

3.0 Mariposa Industrial Park Project 10

4.0 Proposed Project 12

5.0 Potential Environmental Effects of the Project 13

6.0 Conclusions Regarding Addendum Usage 16

APPENDICES
A. Proposed Development Agreement Amendment
B. Initial Study
C. Mariposa Industrial Park EIR Summary Table
D. Adopted Mitigation Monitoring and Reporting Program

LIST OF FIGURES

1. Regional Location Map 3

2. Street Map 4

3. Aerial Photo 5

4. Assessor Parcel Map 6

5. Conceptual Site Plan 7

6. Proposed Annexation and Pre-Zoning 8
Attachment G 1155
Mariposa Industrial Park Addendum #2 1 August 2024

1.0 INTRODUCTION
The subject of this document is the proposed annexation of two 2.5-acre residential parcels and one driveway parcel to the Mariposa Industrial Park (MIP) project site; the project also includes the rezoning of one 0.89-acre parcel that was inadvertently already annexed to the City in conjunction with the approximately 200-acre MIP project site, without being pre-zoned. In total, the project site amounts to 7.60 acres:

Residential Parcel 14 2.48 ac.

Residential Parcel 15 2.48 ac.

Driveway Parcel 26 1.75 ac.

Rezoning-only 25 0.89 ac.

TOTAL 7.60 ac
In addition, this document also recognizes that Pacific Gas and Electric, the local natural gas and electricity provider in the City of Stockton, seeks to locate an approximately three-acre substation within the MIP area. Future industrial uses will likely require additional electrical equipment, including individual substations. Substations and related utility facilities are listed as Permitted Uses within the IL Limited Industrial zoning of the approved MIP site and therefore do not require discretionary approvals from the City. The potential for substation development is, however, identified in this document, and the attached Initial Study, so that its potential environmental impacts, if any, can be distinguished from the potential environmental effects of warehousing industrial development planned by the project owners and appropriately addressed in the overall MIP project context.

The potential environmental impacts of the MIP project, as a whole, were addressed in an Environmental Impact Report (EIR) prepared by the City of Stockton and certified in December 2022, prior to the City’s approval of the project and its decision to annex and prezone the project site. This document is an addendum to the certified MIP EIR. It is the second addendum to the MIP EIR; the first addendum was adopted by the City in June 2023.

The California Environmental Quality Act (CEQA) requires State and local agencies to consider and document the potential environmental impacts of proposed projects as well as mitigation measures needed to reduce those impacts to a less than significant level. This is accomplished in Initial Studies, EIRs, and Negative Declarations. CEQA also encourages the use of previously prepared environmental documents in evaluating subsequent projects when these documents effectively address the environmental issues associated with the subsequent project.

The proposed, including the small parcels annexation, prezoning and rezoning sites as well as the planned substation site, are adjacent to and within the MIP site (Figures 1 to Figure 6). The project involves the annexation and pre-zoning of three parcels to the City of Stockton: Assessor’s Parcel Number (APN) 179-220-14, APN 179-220-15 and APN 179-220-26. In addition, the project proposes the rezoning of a third parcel, APN 179-220-25, which was annexed to the City along with the MIP site but inadvertently not prezoned at the time of annexation. The proposed project is described in more detail in Section 3.0.

Attachment G 1156
Mariposa Industrial Park Addendum #2 2 August 2024
Based on the analysis provided in Section 5.0 of this document and the attached Initial Study, the City has determined that the potentially significant environmental effects of the proposed project have been adequately addressed in the certified MIP EIR. Based on requirements specified in CEQA Guidelines Sections 15162-15164, only an addendum to the MIP EIR is needed to satisfy CEQA requirements for the proposed project. The EIR was certified by the Stockton City Council in December 2022 and is incorporated by reference into this document. A copy of the certified EIR may be reviewed at the Stockton Community Development Department at 345 N El Dorado Street, Stockton, or online at the Community Development Department website at:
http:// www.stocktonca.gov/government.departments/communityDevelop/cdPlanGenDocs.html The remainder of this document, along with its attachments, contains an analysis of the potential environmental effects of the project and provides substantial evidence supporting the City’s determination regarding adoption of an addendum. Specifically, the document considers the potential effects of the project in comparison to the analysis contained in the MIP EIR. It then determines whether the potential environmental effects of the proposed project are adequately addressed by the MIP EIR, and whether any revisions to the EIR are needed to provide an adequate environmental review of the project, consistent with the requirements of CEQA.

Section 2.0 of this document describes the criteria for determining if an addendum would be an adequate CEQA document for a project. Section 3.0 describes the MIP project and the EIR, while Section 4.0 describes the proposed project and compares it to the MIP project as discussed in the certified EIR. Section 5.0 analyzes the degree to which the proposed project would result in changes to the environmental effects described in the EIR, if any, and Section 6.0 presents the overall conclusions of this analysis.

Attachment G 1157
BaseCamp
Figure1
BaseCamp Environmental REGIONAL LOCATION MAP
Humboldt
San Diego Imperial
Orange
Riverside
San Bernardino
Ventura Los Angeles
Santa Barbara
Kern San Luis
Obispo
Inyo
Tulare
Kings Monterey
Fresno
San
Benito
Mono
Madera
Mariposa
Tuolumne
Calaveras
Amador
El Dorado
Sacramento
Alpine
Santa
Clara
San
Joaquin
Contra
Costa
Merced
Marin
Napa
Yolo
Solano
Sutter
Placer
Nevada
Sierra
Plumas
Glenn Butte
Lake
Mendocino
Shasta Lassen
Tehama
Trinity
Colusa Yuba
Sonoma
Stanislaus Alameda
Santa Cruz
San Mateo
San Francisco
www.csac.counties.org

PROJECT LOCATION
Attachment G 1158
BaseCamp
Figure 2
BaseCamp Environmental STREET MAP
SOURCE: Google Maps
APPROVED MARIPOSA 1 PROJECT SITE

PROPOSED

PROJECT
SITE

PROPOSED PG&E SUBSTATION
Attachment G 1159
BaseCamp
Figure 3
BaseCamp Environmental AERIAL PHOTO
SOURCE: Google Maps
MARIPOSA 1 PROJECT SITE

PROJECT SITE
Attachment G 1160
Figure 4
BaseCamp Environmental ASSESSOR PARCEL MAP
PARCEL 25 PROPOSED

REZONING TO IL,

INDUSTRIAL, LIMITED

PROPOSED ANNEXATION

AND PRE-ZONING AREA
Attachment G 1161

DAORAOGRAFRAM
BLDG 3 FOOTPRINT: 1,021,440 SF
CLR. HGT: 36'
BLDG 4 FOOTPRINT:1,021,440 SF
CLR. HGT: 36'
BLDG 1 FOOTPRINT: 670,320 SF
CLR. HGT: 36'
BLDG 2 FOOTPRINT: 637,450 SF
CLR. HGT: 36'
BLDG 6
100,980 SF
CLR. HGT:
32'

DETENTION
570' 570'
570' 570'
170'
1792'
1792'
594'
1176'
1176'

DAORKRALC
BLDG 7
100,980 SF
CLR. HGT:
32'
170'
594' BLDG 5
64,260 SF
CLR. HGT:
32'
378'

MARIPOSA ROAD
scheme: 1

PROPOSED ANNEXATION

AND PRE-ZONING AREA

PROPOSED REZONING TO

IL, INDUSTRIAL LIMITED
EXISTING PG 115 kVTRANSMISSION LINE

PROPOSED SUBSTATION
BaseCamp
Figure 5
BaseCamp Environmental CONCEPTUAL SITE PLAN
SOURCE: Ware Malcomb
Attachment G 1162
Figure 6
BaseCamp Environmental PROPOSED ANNEXATION AND PREZONING PARCEL 25 PROPOSED

FOR REZAINING TO IL,

INDUSTRIAL, LIMITED

PROPOSED ANNEXATION

AND PRE-ZONING AREA
Attachment G 1163
Mariposa Industrial Park Addendum #2 9 August 2024

2.0 CEQA PROVISIONS RELATED TO THE ADDENDUM
Ordinarily, the certification of an EIR and the filing of a Notice of Determination closes the CEQA review process for a project. These steps for the MIP project occurred in December 2022.

However, changes may occur to a project after EIR certification, and these changes could have significant environmental impacts that may or may not have been analyzed in the certified EIR.

CEQA Guidelines Sections 15162 through 15164 describe options for completing CEQA documentation for changes to a project addressed by a previously certified EIR. These options may include preparation of a subsequent EIR, a supplemental EIR, or an addendum. CEQA Guidelines Section 15162 describes the conditions under which preparation of a subsequent EIR may be warranted, while CEQA Guidelines Section 15163 describes the same for a supplemental EIR. If none of those conditions apply, then an addendum to the certified EIR can be prepared as provided in Section 15164.

CEQA Guidelines Section 15162(a) states that once an EIR has been certified for a project, no subsequent CEQA documentation shall be prepared for that project unless the lead agency makes one or more of the following determinations:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found to be not feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant Attachment G 1164
Mariposa Industrial Park Addendum #2 10 August 2024
effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

CEQA Guidelines Section 15163(a) states that the lead agency may choose to prepare a supplemental EIR if (1) any of the conditions described in Section 15162 would require the preparation of a subsequent EIR, and (2) only minor additions or changes would be necessary to make the previous EIR adequate for the project in the changed situation.

CEQA Guidelines Section 15164 provides that an addendum may be used to make "minor technical changes or additions" that are necessary to assure that the previous EIR is "adequate under CEQA," provided that no new important "issues about the significant effects on the environment" are raised. The provisions of Section 15164 are outlined below. (a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) [Refers only to Negative Declarations.]
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. (d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

As noted above, on the basis information in this document and attachments, the City has determined that will not have any new or more significant effects other than those discussed in the MIP EIR, and as a result an addendum to the MIP EIR will be adequate to describe the potential environmental impacts of the proposed project. A description of the potential environmental impacts of the proposed project, and the conclusions regarding the use of an addendum, are provided in Section 5.0 below.

3.0 MARIPOSA INDUSTRIAL PARK PROJECT
The MIP project involves industrial development of approximately 200 acres of land located immediately north of North Littlejohns Creek and south of Mariposa Road in the southeastern portion of the City of Stockton. The MIP project was approved by the City and annexed after LAFCo approval; the industrial prezoning took effect upon annexation in 2023. As approved, the MIP site could be developed with several industrial buildings totaling up to approximately 3.6 million square feet of floor area; these buildings would be used for light industrial activities consisting primarily of warehousing and distribution facilities. This limitation on the potential development of the MIP project was clearly described in the EIR Project Description and referenced in the adopted Development Agreement for the project (Recital D). Based on Attachment G 1165
Mariposa Industrial Park Addendum #2 11 August 2024
conceptual development plans, site development would include an estimated total of 2,938 parking stalls, of which 1,831 stalls would be for automobiles and 1,107 stalls would be for trucks and trailers. Development of cold storage uses within MIP is prohibited by the approved Development Agreement for the project.

The main access to the MIP project site is from two driveways off Mariposa Road, which is being improved along the project frontage to incorporate road widening, acceleration/ deceleration lanes and other improvements. Utility services are being extended to the project site from existing City sewer and water trunk lines. As described in the certified EIR, regulated electrical, gas, and communication utilities would be extended onto the project site from existing facilities in the area.

However, post-approval discussions with PG&E have indicated a mutual desire to improve service to MIP and other industrial development in the vicinity by installing a new substation. The proposed substation is described in more detail in Section 4.0 below and the Initial Study, Appendix B.

The MIP project will include on-site storm drainage collection lines, a detention basin, pump station, and outfall to North Littlejohns Creek; these latter facilities were only conceptually designed at the time the EIR was certified but were addressed in a subsequent First Addendum, as discussed below.

The certified MIP EIR describes the potential environmental effects of the project and the adopted mitigation requirements will address these effects as development of the project proceeds. A table summarizing the environmental impacts and lists all of the mitigation requirements of the MIP EIR is provided in Appendix B of this document. The adopted mitigation measures are also described in the adopted Mitigation Monitoring and Reporting Program (MMRP) for the project, which is shown in Appendix C of this document. Additional details regarding the MIP project can be reviewed in the certified EIR, access to which is described in Section 1.0.

First Addendum
As part of the MIP engineering process, additional land adjacent to North Littlejohns Creek and already annexed and entitled for industrial development was acquired by the developer; in combination with the MIP site, more suitable locations for the planned detention basin, pump station and outfall were defined. The detention basin was relocated further south and located partially on the adjacent property. The planned pump station and outfall were relocated to more suitable and less impacting locations. The MIP EIR had analyzed the impacts of these storm drainage facilities, but in a different location.

In addition, in reviewing MIP improvement plans, the City requested installation of a connection between its potable water system facilities north and south of North Littlejohns Creek. The purpose of this connection was to improve the reliability of the City’s water system in the area. This improvement was not discussed in the MIP EIR.

The City considered the adequacy of the MIP EIR in addressing the environmental impacts of the proposed changes in the water and storm drainage infrastructure in an Initial Study. The City concluded that the potential environmental effects of these changes to the project were adequately addressed in the certified MIP EIR and that only an addendum to the EIR was necessary to satisfy Attachment G 1166
Mariposa Industrial Park Addendum #2 12 August 2024
CEQA requirements for these changes. The City processed this first addendum to the MIP EIR in accordance with CEQA procedures, and the addendum was adopted by the City in June 2023.

4.0 PROPOSED PROJECT
The project proposes the annexation of two rural residential parcels that are adjacent to the MIP project to the City of Stockton: APN 179-220-14 and APN 179-220-15; a third parcel, 179-220- 26, which encompasses a 20-foot wide driveway providing vehicular access to the parcels and the south portion of the MIP site would also be annexed and prezoned. The purpose of the project is to eliminate irregularities in the eastern boundary of the MIP site, which are impeding industrial site design; industrial site design would be facilitated by providing an even eastern site boundary, which would also provide for more efficient use of land area.

The project applicant proposes to acquire the two adjacent residential parcels and demolish the existing residences and other buildings on these properties. The two rural residential parcels are approximately 2.48 acres in size. Combined with the access road of 1.75 acres, the total annexation area would amount to 6.71 acres. The three parcels are adjacent to each other and adjacent to the eastern boundary of the MIP, which was annexed to the City in 2023.

LAFCo requires the prezoning of lands included in a city’s annexation application The three parcels to be annexed would be prezoned IL, Light Industrial, consistent with the entire MIP project site. The prezoning would take effect upon annexation of the three sites.

The 2023 annexation of the MIP site included APN 179-220-25, an approximately 0.89-acre parcel adjacent to Mariposa Road. While this parcel should have been prezoned consistent with LAFCo requirements, the subject parcel was inadvertently not included in the prezoning action and has no official City zoning. The project will correct this oversight by applying IL, Light Industrial zoning to this parcel, consistent with the remainder of the MIP site. The locations of each of the project parcels are shown on Figure 4.

All three annexation parcels will become part of the MIP site with the project, adding approximately 6.71 acres to the approved project site. The proposed annexation project does not include any change to the amount of development that could occur on the MIP site. These amounts are defined in the MIP applications, the certified MIP EIR, the MIP Development Agreement and other approval documents. Despite the fact that the proposed project would involve a small change in the acreage of the MIP project site, the project includes no change to any of these provisions.

The proposed project will include a minor amendment to the MIP Development Agreement for the Mariposa Industrial Park, which would incorporate the three proposed annexation and prezoning parcels into the project. This action would subject any future development on these parcels to all of the requirements and mitigation measures described in the MIP Development Agreement, EIR and MMRP.

APN 179-220-14 and APN 179-220-15 each currently have an existing single-family residence.

Both these structures would be demolished by the project applicant. It is expected that these two parcels, together with the rezoning parcel (179-220-25) and the driveway parcel (179-220-26) , would be utilized in some way by the MIP project. However, the allowable amount of proposed Attachment G 1167
Mariposa Industrial Park Addendum #2 13 August 2024
building development on the MIP site, including building square footage, land disturbance, traffic generation and other environmental impacts would not change as a result of the proposed project.

No new buildings or extensions of approved buildings are proposed on any of the three annexation parcels.

The proposed substation is a Permitted Use in the IL Limited Industrial zoning that applies to the entire MIP site. As a result, it does not require any discretionary approvals at the local level. The substation does, however, require review by the California Public Utilities Commission (CPUC).

In order to facilitate CPUC permitting, the City of Stockton is including a description of the substation in the MIP EIR as a part of this addendum.

Mariposa Road Substation. Preliminary plans for the new substation, which would be adjacent to the Mariposa Industrial Park Project and north of Mariposa Road, include up to six 115 kV circuit breakers, three 60 megavolt-ampere (MVA) 115/12 kV substation transformers, and related substation equipment. Two new approximately 500-foot long, 115 kV transmission lines would loop into and out of the substation from existing nearby 115 kV regional transmission facilities, and up to fifteen 12 kV distribution feeders would extend out from the substation to tie into the local distribution network. Approximately four to six tubular steel poles would typically support the 115 kV conductors that would provide a connection to the existing 115 kV Stockton ALockeford-Bellota transmission line to the north. The tubular steel poles would be approximately 100-120 feet in height. This substation is needed to serve approved and planned industrial load in the Mariposa Road area.

The proposed substation site would be approximately 3 to 6 acres in size. The substation would include one or two single-story control and battery enclosures, typically totaling approximately 1,000 square feet in floor area. The substation site would be surfaced with aggregate and surrounded by a chain link/slat fence; one or two sides could be enclosed by a pre-fabricated wall, depending on surrounding aesthetic requirements. Access roads within the substation would be paved. The substation would also include a storm water detention basin and a Spill Prevention Control Countermeasure (SPCC) concrete basin. Control enclosure design features, fencing, perimeter landscaping, and other aesthetic considerations will be consistent with adopted local design specifications to the extent feasible. A steel monopole communication tower, typically 60- 120 feet in height, may be located on or adjacent to the control enclosure.

The substation will be an unmanned, automated, low-profile electrical substation that will require only periodic maintenance.

5.0 POTENTIAL ENVIRONMENTAL EFFECTS OF THE PROJECT
The City has considered the potential environmental impacts of the proposed project as compared to the predicted environmental effects of the MIP project, as discussed in the certified MIP EIR.

These effects, including any potential effects associated with the planned substation, were evaluated in detail in a CEQA Initial Study shown in Appendix A of this document. The Initial Study identifies no new or more severe environmental effects of the proposed annexation and prezoning and the planned substation. The Initial Study considers whether the environmental effects of the project are adequately addressed in the MIP EIR and whether the project would involve any Attachment G 1168
Mariposa Industrial Park Addendum #2 14 August 2024
new or substantially more severe environmental effects that were not already addressed in the certified EIR. A summary of the potential environmental effects of the proposed project is presented below.

Aesthetics
The proposed project would involve no substantial changes to the visual character of the project area, other than the removal of existing residences that are not a prominent feature of the landscape.

The proposed project would not result in new or more severe aesthetic impacts, other than lighting that may be installed by future development, if any. A mitigation measure in the MIP EIR would reduce potential lighting impacts to a level that would be less than significant.

Agricultural Resources
The proposed project would not convert any Farmland as defined in CEQA Guidelines Appendix G. The proposed project would not involve any new agricultural impacts nor increase the severity of impacts described in the EIR.

Air Quality
Future development on the proposed project site would not generate any substantial air pollutant or toxic air contaminant emissions beyond those analyzed in the MIP EIR. Air quality impacts would be less than significant with implementation of mitigation measures specified in the EIR and agreed to by the project applicant. These mitigation measures would be applicable to the proposed project. The proposed project would have no new or more severe air quality impacts.

Biological Resources
The MIP EIR analyzed impacts on potential biological resources, migratory bird and special-status species, wetlands and Waters of the U.S., and oak trees potentially subject to the City’s Heritage Oak Ordinance. The EIR concluded that compliance with the SJMSCP and the Heritage Oak Ordinance, if applicable, would reduce impacts to a level that would be less than significant. The proposed project site has no jurisdictional wetlands or Heritage Oaks. Some trees that could be used by migratory birds are on the proposed project site. However, the proposed project would be subject to the same mitigation measures as in the MIP EIR, including compliance with the SJMSCP. The proposed project would have no new or more severe biological resource impacts.

Cultural Resources and Tribal Cultural Resources
A cultural resource survey of the Mariposa Industrial Park area, including the proposed project site, did not indicate the presence of any historic or prehistoric resources eligible for listing on either the California Register of Historical Resources or the National Register of Historic Places.

No human burials were found. The EIR concluded that impacts would be less than significant with implementation of mitigation measures covering inadvertently discovered resources. These mitigation measures would also be applicable to the proposed annexation sites. The proposed project would have no new or more severe impacts related to cultural resources or tribal cultural resources.

Attachment G 1169
Mariposa Industrial Park Addendum #2 15 August 2024
Geology, Soils, and Mineral Resources
The MIP EIR addressed soil erosion impacts and concluded that impacts would be less than significant with implementation of mitigation measures. These mitigation measures would be applicable to the proposed project should any development occur on the proposed project site in the future. No other impacts were identified in the MIP EIR. The proposed project would have no new or more severe impacts related to geology, soils, or mineral resources.

Greenhouse Gas Emissions
Future development on the proposed project site would not generate any substantial GHG emissions beyond those analyzed in the MIP EIR. GHG impacts would be less than significant with implementation of mitigation measures specified in the EIR. These mitigation measures would be applicable to the proposed annexation sites. The proposed project would have no new or more severe GHG impacts.

Hazards and Hazardous Materials
The proposed project is not expected to use any substantial amounts of hazardous materials not already discussed in the EIR. The EIR addressed hazardous material use associated with the MIP project and concluded that impacts would be less than significant with implementation of mitigation measures. These mitigation measures would be applicable to the annexation parcels.

The proposed project would have no new or more severe impacts related to hazardous materials or hazards such as wildfires.

Hydrology and Water Quality
The EIR addressed impacts related to hydrology and water quality, including runoff and its potential impacts on surface water quality and flooding. It concluded that impacts would be less than significant with implementation of mitigation measures. These mitigation measures would be applicable to the annexation parcels. The proposed project is not expected to contribute substantially to any additional runoff that would not be captured in the proposed MIP storm drainage system. The proposed project would have no new or more severe impacts related to hydrology and water quality.

Land Use, Population, and Housing
The proposed project would be consistent with the approved MIP project, which the EIR determined to have no significant land use impacts. The proposed project would involve the demolition of existing housing; however, the MIP EIR addressed this issue and determined that this impact was less than significant. The proposed project is not located any other existing housing areas and would have no new or more severe impacts related to land use, population, and housing.

Noise
The EIR addressed construction noise and concluded that impacts would be less than significant with implementation of mitigation measures, particularly addressing construction noise. These mitigation measures would be applicable to the construction on the annexation parcels, assuming any construction work occurs. The proposed project is not expected to generate any substantial Attachment G 1170
Mariposa Industrial Park Addendum #2 16 August 2024
traffic noise nor any noise from operations beyond that of MIP operations. The proposed project would have no new or more severe noise impacts.

Public Services and Recreation
The proposed project would not increase demands or have any other known effects on public services beyond that generated by MIP development as a whole. The proposed project would have no new or more severe public service impacts.

Transportation
The proposed project is not expected to generate any additional traffic or demand for transportation services beyond that identified with the approved MIP development. It also would not affect any existing public transportation facilities, nor any emergency access to the MIP site or the surrounding area. The proposed project would have no new or more severe transportation impacts.

Utilities and Energy
The proposed project would not increase demands or have any other known effects on utility or energy services beyond that generated by the MIP project as a whole. The proposed project would have no new or more severe utility and energy impacts than would the larger MIP project.

Cumulative Impacts
The proposed project would have no impact on environmental issues beyond those described in the MIP EIR. As a result, the proposed project would not generate any potentially significant cumulative effects.

Other CEQA Issues
The proposed project would have no new significant and unavoidable impacts, and it would not involve an irreversible commitment of resources, including fuels, beyond that described in the MIP EIR. The proposed project would be integrated with the MIP project, which was found to not have growth-inducing impacts. The proposed project is not located within or near a disadvantaged community and would have no environmental impacts related to environmental justice issues.

6.0 CONCLUSIONS REGARDING ADDENDUM USAGE
Based on the analysis and conclusions in the attached Initial Study, which are summarized in Section 5.0 of this addendum, the potential environmental effects of the proposed project, including the planned substation, are considered to have been adequately addressed in the MIP EIR. The project would not require any substantial change of the environmental impact analysis in the certified EIR to allow its use to address the potential environmental effects of the proposed project. The EIR considered a wide range of potential environmental effects associated with planned industrial land uses on the MIP project site, which included facilities similar to those that could be constructed on the which were located in much the same location as described in the MIP EIR. The revisions to the EIR needed to describe the proposed project and its environmental impacts documented in this addendum consist entirely of minor changes and updates to the project description and the environmental impact analysis.

Attachment G 1171
Mariposa Industrial Park Addendum #2 17 August 2024
Compared to the EIR environmental impact conclusions, separately or in aggregate, the proposed project, including the planned substation, would not result in new significant environmental effects or a substantial increase in the severity of significant effects associated with the MIP project. The City has not identified any new information related to the project, nor any changes in the circumstances of the project, that would involve the potential for new or more severe environmental effects that were not described in the certified EIR. The analysis and conclusions in the certified EIR adequately describe the potentially significant environmental effects of the proposed project and the mitigation measures necessary to reduce the project’s effects to a level that is less than significant. No additional mitigation measures are required to address the potential environmental effects of the proposed project.

The proposed project conforms to the criteria for adopting an addendum, as described in CEQA Guidelines Section 15164. Therefore, it is appropriate for the City to adopt this addendum to the certified EIR for the MIP project.

As noted, the City adopted an MMRP prior to certifying the EIR for the MIP project. Appendix C contains the MMRP, which describes the mitigation measures that are to be implemented as part of the MIP project and which would also apply to the proposed annexation area. Since new or substantially more severe environmental effects were not identified in this addendum, and no need for additional mitigation measures was identified, the adopted MMRP is applicable to the proposed project.

Attachment G 1172
APPENDIX A
PROPOSED DEVELOPMENT AGREEMENT

AMENDMENT
Attachment G 1173
Draft 02-09-2024

RECORDING REQUESTED BY

AND WHEN RECORDED RETURN
TO:

City of Stockton
425 N. El Dorado St, 1st Floor
Stockton, CA 95202
Attention: City Clerk
Record for the Benefit of
The City of Stockton
Pursuant to Government Code
Section 27383
Space Above Reserved for Recorder’s Use Only

FIRST AMENDMENT
TO

DEVELOPMENT AGREEMENT

BY AND BETWEEN
CITY OF STOCKTON, a
California municipal corporation
AND

GREENLAW DEVELOPMENT, LLC
a California limited liability company

MARIPOSA INDUSTRIAL PARK PROJECT
Effective Date: _____________, 2024
Attachment G 1174
1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“First
Amendment”), dated for reference purposes as of ____________, 2024 (“Amendment Date”), is entered into by and between the CITY OF STOCKTON, a California municipal corporation (“City”), and GREENLAW DEVELOPMENT, LLC, a California limited liability company (“Developer”). Developer and City may each be referred to individually herein as a “Party” and collectively as the “Parties.”

R E C I T A L S
This First Amendment is entered into on the basis of the following facts, understandings and intentions of the Parties.

A. City and Developer are parties to that certain Development Agreement by and between City of Stockton, a California municipal corporation, and Greenlaw Development, LLC, a California limited liability company, for the Mariposa Industrial Park Project, recorded in the Official Records of San Joaquin County on May 16, 2023, as Document Number 2023-038261 (hereafter, the “Agreement”). All capitalized terms in this First Amendment shall have the meanings ascribed to them in the Agreement unless specifically defined otherwise herein.

B. Since the Parties executed the Agreement, Developer has acquired a legal or equitable interest, as used by Government Code subsections 65865(a) and (b), in four (4) parcels of real property that are adjacent to the Property that is the subject of the Agreement. One of the parcels is located within the City of Stockton, and the other three parcels are located outside the City of Stockton in the unincorporated area of the County of San Joaquin (the “County”).

C. In conjunction with its development of other property adjacent to the Property that is the subject of the Agreement, Developer has applied to City to annex to City the other three parcels that are not currently within the City of Stockton, and City intends to petition the County Local Agency Formation Commission (“LAFCO”) for approval of such annexation so that all four of the parcels described in Recital B above will be within the City of Stockton. These four parcels bear Assessor’s Parcel Numbers 179-220-14, 179-220-15, 179-220-25 and 179-220-26 (together, the “Additional Property”), and are more particularly described and depicted in Exhibit A attached hereto and incorporated herein.

D. City and Developer have determined and agree that development of the Additional Property in accordance with the terms and conditions of the Agreement would be in the best interests of the Parties and, therefore, consistent with Section 65865(b) of the Development Agreement Statute, the Parties have agreed to amend the Agreement to bring the Additional Property within the coverage of the Agreement.

E. The potential environmental impacts from development of the Additional Property consistent with the terms and conditions of the Agreement were evaluated by the City, in compliance with the requirements of the California Environmental Quality Act (“CEQA”), in that certain Environmental Impact Report for the Mariposa Industrial Park (State Clearinghouse No. 2020120283) certified by the City on December 6, 2022 (the “MIP EIR”).

Attachment G 1175
2 F. On _______ ___, 2024, City’s Planning Commission recommended, by adoption of Resolution No. _______, that the City Council take the following actions:

1. Determine that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.

2. Adopt an ordinance authorizing City to execute this First Amendment to bring the Additional Property within the coverage of the Agreement.

G. On _______ ___, 2024, the City Council took the following actions:

1. Determined that the potential environmental effects from development of the Additional Property consistent with the Agreement were adequately analyzed in the MIP EIR and no further environmental review for the First Amendment is required under CEQA.

2. Adopted Ordinance No. ______, authorizing the City to execute the First Amendment to bring the Additional Property within the coverage of the Agreement.

NOW, THEREFORE, in consideration of the mutual promises, covenants and provisions set forth herein, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows:

A G R E E M E N T

1. Incorporation of Preamble, Recitals, and Exhibits. The Preamble, Recitals, Exhibits and all defined terms set forth therein are hereby incorporated into this First Amendment as if set forth herein in full.

2. Amendment to Definition of “Property” in Agreement. The definition of “Property” in Article 1 on page 7 of the Agreement is hereby amended by deleting the existing definition in its entirety, and replacing it with the text set forth below:
“Property” is defined in Recital C, and also includes the Additional Property, as defined in Recital C of that certain First Amendment to Development Agreement by and between City and Developer approved by Ordinance No. ______.

3. Continued Effectiveness of Agreement. Except as expressly modified herein, the Agreement shall remain in full force and effect. The provisions of this First Amendment are several and separate and should a legal challenge be brought challenging this First Amendment, such challenge shall in no way affect or impact the continuing validity and vitality of the Agreement.

4. Effective Date; Recording. This First Amendment shall become effective on the Effective Date identified on the signature page. Not later than ten (10) days following Attachment G 1176
3 the Effective Date, a duly executed and notarized copy of this First Amendment shall be recorded in the Official Records of the County of San Joaquin.

5. Signature Pages. For convenience, the signatures of the parties to this First Amendment may be executed and acknowledged on separate pages in counterparts which, when attached to this First Amendment, shall constitute one complete agreement. [SIGNATURES ON FOLLOWING PAGE]
Attachment G 1177
4 IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the Effective Date shown below.

CITY:

CITY OF STOCKTON,
a California municipal corporation
By:

Harry Black, City Manager
[Signature must be notarized]
ATTEST:

By:

Eliza R. Garza, City Clerk
“Effective Date”: _______________
APPROVED AS TO FORM:

By:

Lori M. Asuncion, City Attorney
DEVELOPER:

By:

Name:

Its:

By:

Name:

Its:
[Signatures must be notarized]
Attachment G 1178
Exhibit A

EXHIBIT A
[Property Description – To be Inserted]
Attachment G 1179
APPENDIX B
INITIAL STUDY
Attachment G 1180
MIP Small Parcels Annexation/Prezoning Initial Study 1 August 2024 INITIAL STUDY
MIP SMALL PARCELS ANNEXATION AND PREZONING PROJECT

1.0 INTRODUCTION
This Initial Study evaluates the potential environmental effects of the proposed MIP Small Parcels Annexation and Prezoning Project (project) and the degree to which those effects are adequately addressed by the Mariposa Industrial Park Environmental Impact Report (MIP EIR). The MIP EIR was certified by the Stockton City Council in December 2022.

The MIP Small Parcels Annexation and Prezoning Project involves the proposed annexation of two 2.5-acre residential parcels and one driveway parcel to the Mariposa Industrial Park (MIP) project site; the project also includes the rezoning of one 0.89-acre parcel that was inadvertently already annexed to the City in conjunction with the approximately 200-acre MIP project site, without being pre-zoned. In total, the project site amounts to 7.60 acres:

Residential Parcel 14 2.48 ac.

Residential Parcel 15 2.48 ac.

Driveway Parcel 26 1.75 ac.

Rezoning-only 25 0.89 ac.

TOTAL 7.60 ac
The potential environmental impacts of the MIP project, without the proposed Small Parcels Annexation and Prezoning Project, were addressed in an Environmental Impact Report (EIR) prepared by the City of Stockton and certified in December 2022, prior to the City’s approval of the MIP project. The California Environmental Quality Act (CEQA) encourages the use of previously prepared environmental documents in evaluating subsequent projects when the prior documents effectively address the environmental issues associated with the subsequent project.

Plans to locate a PG&E substation within the MIP project were not specifically addressed in the EIR, but they are explicitly considered in this Initial Study and the associated addendum. The planned substation is a Permitted Use in the IL Limited Industrial zone and would be permitted by the City subject only to a non-discretionary Site Plan Review.The Initial Study analysis employs a template checklist of the environmental issues analyzed in the EIR to evaluate the proposed project. The purpose of the checklist is to consider each of the environmental issues addressed in the EIR and determine whether the potential environmental effects of the project were already adequately addressed by the certified EIR. More specifically, the checklist considers whether the proposed project, changed circumstances, or new information of substantial importance could result in new significant environmental effects or a substantial increase in the severity of a previously identified environmental effect. If any of these conditions are found to exist, additional CEQA review of the proposed project could be required; this, however, as documented below, is not the case.

Attachment G 1181
MIP Small Parcels Annexation/Prezoning Initial Study 2 August 2024 A “No” answer to a checklist question does not necessarily mean that there are no potential impacts related to the environmental subject. Rather, it indicates that the project will not result in a new impact or in a more severe impact than that discussed in the certified MIP EIR, and as addressed with mitigation measures, if necessary. Under these circumstances, a “No” answer indicates the proposed project does not involve any need to modify the conclusions of the EIR.

2.0 EXPLANATION OF CHECKLIST EVALUATION CATEGORIES
The Initial Study checklist documents the analysis of the CEQA environmental concerns analyzed in the MIP EIR, whether the potential environmental effects of the project are adequately addressed by the MIP EIR and whether the project would involve environmental effects that were not adequately addresses in the MIP EIR. The meanings of the individual checklist columns are explained below.

Conclusion in MIP EIR – This column acknowledges that the listed potential environmental effect was addressed in the MIP EIR and identifies the conclusion of the MIP EIR relative to each environmental effect listed.

Does the project involve new impacts? – This column indicates whether the proposed project will result in new significant environmental effects not identified MIP EIR or adequately mitigated by the EIR, or whether changes associated with the project will result in a substantial increase in the severity of a significant impact identified in the MIP EIR, pursuant to CEQA Guidelines Section 15162(a)(1).

New circumstances involving new impacts? - This column indicates whether there have been substantial changes with respect to the circumstances under which the proposed project is undertaken that would require major revisions to the EIR, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant impacts pursuant to CEQA Guidelines Section 15162(a)(2).

New information requiring new analysis or verification? - Pursuant to CEQA Guidelines Section 15162(a)(3), this column indicates whether new information of substantial importance, which was not known and could not have been known with reasonable diligence at the time the EIR was certified shows any of the following:
● The project will have one or more significant effects not discussed in the EIR, ● Significant effects previously examined will be substantially more severe than shown in the previous EIR,
● Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or ● Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

Attachment G 1182
MIP Small Parcels Annexation/Prezoning Initial Study 3 August 2024 Where this analysis finds that the proposed project would not result in any substantial changes to the conclusions of the MIP EIR – that is, no new significant impacts are identified, previously identified impacts are not found to be substantially more severe, and additional mitigation is not necessary - and if all of the checklist questions are answered “No”, no additional CEQA analysis for the proposed project is required, and the City may determine that the certified MIP EIR, with the incorporation of the information in this checklist and the accompanying addendum, adequately addresses the potential environmental effect of the project.

Mitigation required? - This column indicates whether mitigation measures are required to address project impacts. These include any mitigation measures identified in the MIP EIR and any developed specifically for the proposed project. If “None required” is indicated, the EIR and/or this Addendum conclude that no impact occurs with the proposed project, or the project impact is not significant; in either case, no additional mitigation is required.

3.0 ENVIRONMENTAL TOPICS

3.1 AESTHETICS
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Scenic vistas Less than
significant
No No No None required
b) Scenic resources Less than
significant
No No No None required
c) Visual character and
quality
Less than
significant with
mitigation
No No No None required
d) Light and glare Less than
significant with
mitigation
No No No None required
a) Scenic Vistas.

As discussed in the MIP EIR, the MIP project would have 32- to 36-foot industrial structures that would limit distance views across the site but finds that their impacts on scenic vistas would be less than significant. The planned substation would not result in any increase in impacts on scenic vistas. The project does not propose the introduction of any new aboveground structures that would obstruct any scenic vistas. Therefore, the proposed project would have no new or more severe impacts on scenic vistas.

Attachment G 1183
MIP Small Parcels Annexation/Prezoning Initial Study 4 August 2024 b) Scenic Resources.

As discussed in the MIP EIR, a drainage detention pond, pump station and outfall facilities associated with the MIP project would affect riparian vegetation along North Littlejohns Creek and a tributary ditch, but that these aesthetic impacts would be less than significant. The proposed project, including the planned substation, would not affect either of these features or the riparian vegetation along them. Therefore, the proposed project would not have any new or more severe impacts on scenic resources.
c) Visual Character and Quality.

As discussed in the MIP EIR, the MIP project would have visual character impacts that are less than significant with implementation of mitigation measures, which apply to building, landscaping, and other site improvements. The planned substation would be consistent with the surrounding industrial development proposed by the MIP project and would be subject to City design controls. The proposed project would lead to the removal of two existing single-family residences; otherwise, it would not affect the overall visual character of the MIP site, either before or after development. The proposed project would not have any new or more severe impacts on visual character and quality.
d) Light and Glare.

The MIP EIR indicates that the MIP project would have light and glare impacts that are less than significant with implementation of mitigation measures, which include compliance with City lighting requirements and building codes. The proposed project would not install any lighting fixtures, and any future development that involves lighting would be subject to the same City requirements as the MIP project. The proposed project would have no new or more severe light or glare impacts.

3.2 AGRICULTURAL AND FORESTRY RESOURCES
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Conversion of
Farmland
Significant and
unavoidable even
with mitigation
No No No None required
b) Agricultural zoning
and Williamson Act
contracts
Less than
significant
No No No None required
c) Indirect conversion
of Farmland
Less than
significant
No No No None required
Attachment G 1184
MIP Small Parcels Annexation/Prezoning Initial Study 5 August 2024 a) Conversion of Farmland.

As discussed in the MIP EIR, the MIP project would involve conversion of 106 acres of Farmland of Statewide Importance and 60 acres of Farmland of Local Importance. The proposed project would involve land designated Farmland of Local Importance, which is not Farmland as defined in CEQA Guidelines Appendix G. The planned substation would involve no change to the agricultural effects of the project. The proposed project would have no new or more severe impacts related to conversion of Farmland.
b) Agricultural Zoning and Williamson Act Contracts.

As discussed in the MIP EIR, the MIP site has no agricultural zoning, and no portion of the site is under a Williamson Act contract. These same conditions apply to the proposed project site.

Therefore, the proposed project would have no impact and no new or more severe impacts related to agricultural zoning or Williamson Act contracts.
c) Indirect Conversion of Farmland.

As discussed in the MIP EIR, the MIP site is in an area that is already substantially developed with commercial and rural residential land use. As a result, the MIP would have no impact regarding indirect conversion of Farmland. As noted, the proposed project would not convert any Farmland.

Any future development of the proposed project site would serve only approved industrial development on the MIP site. The planned substation may improve PG&E’s ability to provide electrical service to planned industrial development in the general project area. However, the proposed project would not have any new or more severe impacts on indirect conversion of Farmland.

3.3 AIR QUALITY
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Air quality plans
and standards -
Construction
emissions
Less than
significant with
mitigation
No No No EIR Mitigation
Measures AIR-1
through AIR-7
b) Air quality plans
and standards -
Operational
emissions
Significant and
unavoidable even
with mitigation
No No No None required
c) Exposure of
sensitive receptors to
criteria pollutants
Significant and
unavoidable even
with mitigation
No No No None required
Attachment G 1185
MIP Small Parcels Annexation/Prezoning Initial Study 6 August 2024 d) Exposure of
sensitive receptors to
toxic air
contaminants
Less than
significant
No No No None required
e) Odors and other
emissions
Less than
significant
No No No None required
a) Air Quality Plans and Standards - Construction Emissions.

As discussed in the MIP EIR, MIP project construction emissions would be below SJVAPCD significance thresholds, and adopted mitigation measures would further reduce the project’s dust and other air pollutant emissions. The proposed project would not involve construction at this time.

Any future development on the proposed project site, including the planned substation, would generate similar construction emissions as those analyzed in the MIP EIR, but these emissions would be substantially less given the size of the proposed project site. Mitigation measures described in the MIP EIR would apply to the proposed project. The proposed project would have no new or more severe impacts related to air pollutant emissions from construction activities. b) Air Quality Plans and Standards - Operational Emissions.

As discussed in the MIP EIR, MIP operational emissions would be below SJVAPCD significance thresholds except for NOx, and mitigation measures could not be demonstrably quantified to reduce NOx emissions below the threshold of significance. The proposed project does not propose any additional development than the approved MIP; as such, the proposed project would not contribute any new operational air pollutant emissions to the potentially significant operational emissions discussed in the MIP EIR. The planned substation would not contribute to the operational emissions of the project. The proposed project would have no new or more severe impacts on air pollutant emissions from operations.
c) Exposure of Sensitive Receptors to Criteria Pollutants.

As discussed in the MIP EIR, MIP project NOx emissions could have a significant and unavoidable impact on a nearby disadvantaged community. However, as noted in b) above, the proposed project would not involve any additional development and no additional development in the vicinity of the disadvantaged community. In addition, the proposed project would remove two single-family residences that would otherwise be considered sensitive receptors. Therefore, the proposed project would have no new or more severe impacts on exposure of sensitive receptors to criteria pollutants. d) Exposure of Sensitive Receptors to Toxic Air Contaminants.

As discussed in the MIP EIR, MIP construction emissions would include diesel PM, classified as a TAC, but these emissions would have no significant impact on sensitive receptors as they are not long-term emissions. As noted in c) above, the proposed project would not generate any new diesel particulate matter emissions or emissions of other TACs, and potential sensitive receptors would be removed. Therefore, the proposed project would have no new or more severe impacts on exposure of sensitive receptors to TACs.

Attachment G 1186
MIP Small Parcels Annexation/Prezoning Initial Study 7 August 2024 As discussed in the MIP EIR, the MIP project would not generate any new or additional odor emissions. The proposed project likewise would not generate any odors. The proposed project would have no new or more severe impacts on odors.

3.4 BIOLOGICAL RESOURCES
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Special-status
species and habitats
Less than
significant with
mitigation
No No No EIR Mitigation
Measure BIO-1
b) Riparian and other
sensitive habitats
Less than
significant
No No No None required
c) Waters of the U.S.
and wetlands
Less than
significant with
mitigation
No No No EIR Mitigation
Measures BIO-2
through BIO-4
d) Fish and wildlife
migration
Less than
significant with
mitigation
No No No EIR Mitigation
Measure BIO-1
e) Local biological
requirements
Less than
significant with
mitigation
No No No EIR Mitigation
Measure BIO-5
f) Conflict with
habitat conservation
plans
Less than
significant with
mitigation
No No No EIR Mitigation
Measure BIO-1
a) Special-Status Species and Habitats.

Preparation of the original MIP EIR included a detailed biological resource assessment. An updated assessment was prepared in conjunction with the first addendum to the MIP EIR.

As discussed in the MIP EIR and the first addendum, MIP development would involve potentially significant effects on four special-status species: Swainson’s hawk, white-tailed kite, burrowing owl, and vernal pool fairy shrimp. The MIP project, including the planned substation site, is required by adopted mitigation to participate in the SJMSCP, the habitat conservation plan applicable to San Joaquin County and its incorporated cities. Participation in the SJMSCP will reduce MIP impacts on covered species to a less-than-significant level.

The proposed project site also contains potential habitat for the four special-status species named above, although this habitat is more limited in area and has been disturbed by residential development. All four species are covered by the SJMSCP, compliance with which would be required by MIP EIR Mitigation Measure BIO-1, which is also applicable to the proposed annexation area. Required compliance with the SJMSCP, including implementation of Incidental Attachment G 1187
MIP Small Parcels Annexation/Prezoning Initial Study 8 August 2024 Take Minimization Measures identified by SJCOG, would reduce proposed project impacts on these species to a level that would be less than significant, consistent with the MIP EIR conclusions in this issue area.
b) Riparian and Other Sensitive Habitats.

A riparian vegetation corridor exists along North Littlejohns Creek and the constructed tributary ditch that would be affected by the project including effects on riparian vegetation. Similar facilities and their impacts on riparian vegetation were analyzed in the MIP EIR and the first addendum; the impacts were determined to be less than significant.

The proposed project site is not located along either of these water features and therefore would not affect riparian vegetation. No other sensitive habitats were identified in the previous biological assessments, and there are no such resources within the proposed annexation parcels or the planned substation site. The proposed project would not have any new or more severe impacts related to riparian and other sensitive habitats.
c) Waters of the U.S. and Wetlands.

The MIP EIR documented the presence of potential Waters of the U.S. and wetlands, including features that would be potentially affected by the proposed project. These include North Littlejohns Creek and nearby seasonal wetlands. The MIP EIR concluded that the MIP project would not have a significant impact on these features with implementation of EIR Mitigation Measures BIO-2 through BIO-4. The updated biological assessment indicated that the total acreage of potential jurisdictional Waters of the U.S. affected by the project would be slightly reduced as a result of the addition of acreage south of the MIP site and the relocation of the drainage basin.

The proposed annexation site does not include wetlands or jurisdictional Waters of the U.S. per the previous biological assessments; there are no wetlands on the planned substation site.

Therefore, the proposed project would not have any new or more severe impacts on Waters of the U.S. and wetlands.
d) Fish and Wildlife Migration.

As discussed in the MIP EIR and the first addendum, several trees in the project vicinity are suitable for nesting raptors and other protected bird species. The proposed project site likewise contains trees that could potentially be used by migratory birds for nesting. The proposed project would not involve any development at this time that could affect these trees. Any future development would be subject to MIP EIR Mitigation Measure BIO-1, which requires participation in the SJMSCP. The SJMSCP contains measures that would protect migratory bird species. Required compliance with the SJMSCP, including implementation of Incidental Take Minimization Measures identified by SJCOG, would reduce proposed project impacts on migratory bird species to a level that would be less than significant, consistent with the MIP EIR findings in this issue area.
e) Local Biological Requirements.

The City has a Heritage Tree Ordinance (Stockton Municipal Code Section 16.72.245) that protects valley oak trees of a specific size by requiring permits for their removal and replacement Attachment G 1188
MIP Small Parcels Annexation/Prezoning Initial Study 9 August 2024 of removed trees. The MIP EIR concluded that the Mariposa Industrial Park project would not have a significant impact on oak trees with implementation of EIR Mitigation Measure BIO-5, which requires compliance with the Heritage Tree Ordinance. The proposed project, including the substation site, would not involve the removal of any oak trees, either now or in the future.

Therefore, the proposed project would not have any new or more severe impacts related to local biological requirements.
f) Conflict with Habitat Conservation Plans.

As required by MIP EIR Mitigation Measure BIO-1, the proposed project is required to participate in the SJMSCP as part of the Mariposa Industrial Park project. No other habitat conservation plans apply to the project site or to the Stockton area. Proposed project impacts related to habitat conservation plans would be less than significant, consistent with the MIP EIR findings in this issue area.

3.5 CULTURAL AND TRIBAL CULTURAL RESOURCES
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Historical
resources
No impact No No No None required
b) Archaeological and
tribal cultural
resources
Less than
significant with
mitigation
No No No EIR Mitigation
Measures CULT-1
through CULT-3
c) Human burials Less than
significant with
mitigation
No No No EIR Mitigation
Measure CULT-4
a) Historical Resources.

Preparation of the original MIP EIR included a detailed cultural resources study. An updated study was prepared in conjunction with the first addendum to the MIP EIR. As discussed in the MIP EIR, field surveys conducted on the MIP site led to the recording of two potential historical resources, but neither was determined to meet the criteria for listing on either the California Register of Historical Resources or the National Register of Historic Places.

No historical resources were identified in the area of the proposed project by either the original or the updated cultural study. The proposed project would have no new or more severe impacts on historical resources. Neither of the houses proposed for removal are of historical age. b) Archaeological and Tribal Cultural Resources.

As discussed in the MIP EIR, no archaeological or tribal cultural resources were found on the MIP site, except for isolated prehistoric greenstone flakes. No archaeological resources were identified Attachment G 1189
MIP Small Parcels Annexation/Prezoning Initial Study 10 August 2024 in the area of the proposed project by either the original or the updated cultural study. The MIP EIR noted that currently unknown cultural resources could be encountered during MIP project construction, which would include development of the substation site; therefore, MIP EIR Mitigation Measures CULT-1 through CULT-3 were added to address this issue. The proposed project would be subject to the same mitigation measures. Therefore, the proposed project would not have any new or more severe impacts than those analyzed in the EIR. c) Human Burials.

As discussed in the MIP EIR, no human burials have been recorded on the MIP project site, including the proposed annexation site and the substation site. The updated cultural resources study reached the same conclusion. The certified EIR noted that currently unknown burials could be encountered during MIP project construction; therefore, MIP EIR Mitigation Measure CULT-4 was added to address this issue; planned industrial development and development of the substation site would be subject to the same mitigation measure. Therefore, the proposed project would not have any new or more severe impacts than those analyzed in the EIR.

3.6 GEOLOGY, SOILS, AND MINERAL RESOURCES
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Faulting and
seismicity
Less than
significant with
mitigation
No No No EIR Mitigation
Measures GEO-1
and GEO-2
b) Other geologic
hazards
Less than
significant
No No No None required
c) Soil erosion Less than
significant with
mitigation
No No No EIR Mitigation
Measures GEO-3
and GEO-4
d) Expansive soils Less than
significant
No No No EIR Mitigation
Measures GEO-3
and GEO-4
e) Paleontological
resources and unique
geological features
Less than
significant with
mitigation
No No No EIR Mitigation
Measure GEO-5
f) Access to mineral
resources
No impact No No No None required
a) Faulting and Seismicity.

As discussed in the MIP EIR, while there are no active or potentially active faults within or near the MIP project site, the site is subject to seismic shaking from active faults outside San Joaquin Attachment G 1190
MIP Small Parcels Annexation/Prezoning Initial Study 11 August 2024 County. MIP EIR Mitigation Measures GEO-1 and GEO-2, requiring compliance with the State Construction General Permit, and with City ordinances, would reduce impacts to a level that would be less than significant. Conditions for the proposed project related to faulting and seismicity are the same as those described in the MIP EIR, and development of the proposed annexation areas and the substation site would be subject to the same EIR mitigation measures. The proposed project would not have any new or more severe impacts related to faulting and seismicity. b) Other Geologic Hazards.

As discussed in the EIR, MIP project impacts related to other geologic hazards, such as liquefaction, would be less than significant. Conditions for the proposed project related to other geologic hazards are the same as those described in the MIP EIR. The proposed project would not have any new or more severe impacts related to other geologic hazards. c) Soil Erosion.

As discussed in the MIP EIR, the MIP project would have soil erosion impacts associated with project construction. These impacts would be less than significant with implementation of MIP EIR Mitigation Measures GEO-3 and GEO-4, which require a soils report and compliance with building codes. The proposed annexation and prezoning would not involve any soil disturbance at this time, and any future development of the proposed project site and the substation would be subject to the same EIR mitigation measures as the MIP project. Therefore, the proposed project would not have any new or more severe impacts related to soil erosion. d) Expansive Soils.

As discussed in the MIP EIR, the MIP project could have potential expansive soil impacts. These impacts would be less than significant with implementation of EIR Mitigation Measures GEO-3 and GEO-4. The proposed project, including the planned substation, would be subject to the same expansive soil impacts but would be subject to the same EIR mitigation measures as the MIP project. Therefore, the proposed project would not have any new or more severe impacts related to expansive soils.
e) Paleontological Resources and Unique Geological Features.

As discussed in the MIP EIR, no paleontological resources were found on the MIP site. However, it noted that currently unknown paleontological resources could be encountered during MIP project construction, including required utility improvements. MIP EIR Mitigation Measure GEO5 was identified to address this issue. The proposed project, including the planned substation, would be subject to the same mitigation measure; therefore, the proposed project would not have any new or more severe impacts on paleontological resources. f) Access to Mineral Resources.

As discussed in the MIP EIR, the MIP site contains no known mineral resources. The proposed project site likewise contains no known mineral resources. Because of this, neither the approved MIP project nor the proposed project would have any new or more severe impacts on access to mineral resources.

Attachment G 1191
MIP Small Parcels Annexation/Prezoning Initial Study 12 August 2024

3.7 GREENHOUSE GAS EMISSIONS
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Project GHG
construction
emissions and
consistency with
applicable plans and
policies
Significant and
unavoidable even
with mitigation
No No No EIR Mitigation
Measures GHG-1,
GHG-2, AIR-1
through AIR-7.
b) Project GHG
operational emissions
and consistency with
applicable plans and
policies
Less than
significant
No No No None required
a) Project GHG Construction Emissions and Consistency with Applicable Plans and Policies.

As discussed in the MIP EIR, GHG emissions from MIP construction activities would be reduced through mitigation measures but impacts would nonetheless be significant and unavoidable.

Development of the proposed annexation sites and the planned substation would not generate new or additional GHG emissions. Mitigation measures described in the MIP EIR would apply to the proposed project. The proposed project would not have any new or more severe impacts related to GHG emissions from construction activities.
b) Project GHG Operational Emissions and Consistency with Applicable Plans and Policies.

As discussed in the MIP EIR, GHG emissions from MIP operations would be reduced to a level that is less than significant through implementation of mitigation measures. Development within the proposed annexation area and the planned substation would not generate any new or more GHG emissions than those that would result from the approved MIP project. As such, the proposed project would not affect the attainment of the GHG reduction objectives of the Stockton CAP (now outdated) or of State GHG reduction plans. The proposed project would not have any new or more severe impacts related to GHG operational emissions and their impacts on GHG reduction plans.

Attachment G 1192
MIP Small Parcels Annexation/Prezoning Initial Study 13 August 2024

3.8 HAZARDS AND HAZARDOUS MATERIALS
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Hazardous
material
transportation and
storage
Less than
significant with
mitigation
No No No None required
b) Hazardous
material releases
Less than
significant with
mitigation
No No No EIR Mitigation
Measures GEO-1
and GEO-2
c) Hazardous material
sites
Less than
significant
No No No None required
d) Airport hazards Less than
significant with
mitigation
No No No None required
e) Interference with
emergency vehicle
access and
evacuations
Less than
significant
No No No None required
f) Wildfire hazards Less than
significant
No No No None required
a) Hazardous Material Transportation and Storage.

As discussed in the MIP EIR, MIP project impacts on hazardous material transportation and storage would be less than significant with implementation of mitigation measures requiring a Hazardous Material Business Plan and compliance with City code requirements. The proposed project and the planned substation would not result in any additional use of hazardous materials.

Therefore, the proposed project would not have any new or more severe impacts related to hazardous material transportation and storage.
b) Hazardous Material Releases.

As discussed in the MIP EIR, MIP project impacts on hazardous material transportation and storage would be less than significant with implementation of mitigation measures requiring compliance with City and County code requirements, and with conditions of the Construction General Permit. Like construction on the MIP site, any construction on the proposed project site may involve the use of hazardous materials and potential spills. Potential hazardous materials spills during construction are addressed in the SWPPP, as required by MIP EIR Mitigation Measures GEO-1 and GEO-2. The proposed project and the planned substation would be subject to the same mitigation measures. Other substances used in the construction process would ordinarily be stored in approved containers and used in relatively small quantities, in accordance with the Attachment G 1193
MIP Small Parcels Annexation/Prezoning Initial Study 14 August 2024 manufacturers’ recommendations and/or applicable regulations. As noted in a) above, development within the proposed annexation area is not expected to use any substantial quantities of hazardous materials. Therefore, project impacts related to hazardous material releases would be less than significant, consistent with the EIR findings in this issue area. c) Hazardous Materials Sites.

As discussed in the MIP EIR, a search of hazardous material databases did not find records of active hazardous material sites on or adjacent to the MIP site, which included the proposed project site. Therefore, the proposed project and the planned substation would not expose persons to known materials or conditions that would be a significant health risk. The proposed project would not have any new or more severe impacts related to hazardous material sites. The substation project would result in electromagnetic field (EMF) emissions; potential health risks associated with EMF have not been reliably quantified and are considered too speculative for CEQA analysis. d) Airport Hazards.

As discussed in the MIP EIR, the MIP site is within Compatibility Zone 7b of the Stockton Metropolitan Airport, requiring Airport Land Use Commission review, but impacts related to airport operations are anticipated to be less than significant, because no industrial structures tall enough to interfere with airport operations would be built. The proposed substation may involve construction of electrical poles and radio control tower that exceed 100 feet in height. Development within the proposed annexation area, along with the MIP project site as a whole and planned substation, would also be subject to Airport Land Use Commission review. There are no plans for any aboveground structures on the proposed project site; therefore, the proposed project would not involve any known effect on airport operations. The proposed project would not have any new or more severe impacts related to airport hazards.
e) Interference with Emergency Vehicle Access and Evacuations.

As discussed in the MIP EIR, MIP construction would not require closure or major restriction on public roads, and no obstruction of any roads would occur when construction work is completed.

These conditions also apply to the proposed annexation area and to any future development that may occur there. The proposed project would not have any new or more severe impacts on emergency vehicle access and evacuations.
f) Wildfire Hazards.

As discussed in the MIP EIR, the MIP site is not within a designated Fire Hazard Safety Zone, as defined by Cal Fire, and wildfires are unlikely to occur. These conditions also apply to the proposed project site. Therefore, the proposed project would not have any new or more severe impacts related to wildfire hazards.

Attachment G 1194
MIP Small Parcels Annexation/Prezoning Initial Study 15 August 2024

3.9 HYDROLOGY AND WATER QUALITY
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Surface water
resources and
quality
Less than
significant with
mitigation
No No No EIR Mitigation
Measure GEO-1
b) Groundwater
resources and
quality
Less than
significant
No No No None required
c) Drainage patterns
and runoff
Less than
significant
No No No None required
d) Release of
pollutants in flood,
tsunami, and seiche
zones
Less than
significant
No No No None required
e) Consistency with
water quality and
groundwater
management plans
Less than
significant
No No No None required
a) Surface Water Resources and Quality Standards.

As discussed in the MIP EIR, the MIP project would have impacts that are less than significant with implementation of a mitigation measure requiring an Industrial General Permit. Any future development within the proposed annexation area and the planned substation would be subject to this same requirement. Any future construction would also be required to obtain a Construction General Permit, as required by MIP EIR Mitigation Measure GEO-1 and as noted in Section 3.6, Geology and Soils. As a result, the proposed project would not have any new or more severe impacts on surface water resources and quality.
b) Groundwater Resources and Quality.

As discussed in the MIP EIR, the MIP project would have impacts that are less than significant on groundwater resources or quality. The proposed annexation project and the planned substation would not place any new or additional demand on groundwater supplies, nor would they directly affect existing groundwater resources in the area. The project would not have any new or more severe impacts on groundwater resources and quality.
c) Drainage Patterns and Runoff.

As discussed in the MIP EIR, the MIP project would not have a significant impact related to drainage patterns and runoff. These conditions also apply to the proposed annexation area and the Attachment G 1195
MIP Small Parcels Annexation/Prezoning Initial Study 16 August 2024 planned substation. Future development would likely be integrated with planned development on the MIP site. It is expected that the MIP drainage system can accommodate any runoff generated by the annexed parcels. The proposed project would not have any new or more severe impacts related to drainage patterns and runoff.
d) Release of Pollutants in Flood, Tsunami, and Seiche Zones.

As discussed in the MIP EIR, the southern portion of the MIP site from failure of Camanche Dam and New Hogan Dam, but it is not in a seiche or tsunami zone. The proposed project site is not within the 100-year floodplain. As noted in Section 3.8, Hazards and Hazardous Materials, the proposed project is not expected to use any substantial amounts of hazardous materials. Therefore, any flooding that occurs on the proposed project site would not lead to the release of pollutants.

The proposed project would not have any new or more severe impacts regarding release of pollutants.
e) Consistency with Water Quality and Groundwater Management Plans.

As discussed in the MIP EIR, the MIP project would be required to comply with water quality provisions in the City’s Storm Water Management Program and Storm Water Quality Control Criteria Plan. Any future development of the proposed annexation area would also be required to comply with these City requirements. As noted, the proposed project would not affect groundwater; therefore, it would not affect implementation of the Groundwater Sustainability Plan for the Eastern San Joaquin Groundwater Subbasin. The proposed project would not have any new or more severe impacts regarding consistency with water quality and groundwater management plans.

3.10 LAND USE, POPULATION, AND HOUSING
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Division of
communities
No impact No No No None required
b) Conflict with plans,
policies, and
regulations adopted
to avoid or mitigate
environmental effect
Less than
significant
No No No None required
c) Population growth
inducement
Less than
significant
No No No None required
d) Displacement of
housing and people
Less than
significant
No No No None required
a) Division of Communities.

Attachment G 1196
MIP Small Parcels Annexation/Prezoning Initial Study 17 August 2024 As discussed in the MIP EIR, the area immediately surrounding the MIP site is predominantly a combination of industrial development, vacant parcels, agricultural lands, and commercial and rural residential development, the latter located to the north and west. Therefore, the MIP project would not divide an established community. These same conditions also apply to the proposed project site, which is surrounded by existing approved or proposed industrial development.

Therefore, the proposed project would have no new or more severe impacts related to division of communities.
b) Conflict with Plans, Policies, and Regulations Adopted to Avoid or Mitigate Environmental Effect.

As discussed in the MIP EIR, the MIP project is consistent with the Stockton General Plan policies that affect the environment, and the project would not conflict with these policies. Proposed prezoning and rezoning actions are consistent with the Stockton General Plan. All four parcels that are a part of the project would have zoning that is consistent with General Plan designations and the planned Light Industrial development of the MIP site. The proposed substation is consistent with the existing zoning of the MIP site.

As noted elsewhere in this Initial Study, the proposed project is not expected to conflict with any City policies or ordinances designed to avoid or mitigate environmental effects. Any future development on the proposed project site, including the planned substation, would be required to implement mitigation measures described in the MIP Development Agreement and EIR, which were identified in part to ensure the MIP project complies with City policies and ordinances regarding environmental impacts. The proposed project would not have any new or more severe impacts related to plans, policies, and regulations adopted to avoid or mitigate environmental effects.
c) Population Growth Inducement.

As discussed in the MIP EIR, the MIP project, including the planned substation, would not induce any population growth that is not planned for in the Stockton General Plan. The proposed project would not create new housing, nor would it support housing development. As such, it would not induce any unplanned population growth. The project would not have any new or more severe impacts related to population growth.
d) Displacement of Housing and People.

As discussed in the MIP EIR, the MIP would involve the probable demolition of two single-family residences on the MIP site, but the displacement impacts would be less than significant. The MIP EIR addressed the situation on the proposed project site, which proposes the removal of two existing single-family residences. The proposed project would not have any new or more severe impacts on displacement.

Attachment G 1197
MIP Small Parcels Annexation/Prezoning Initial Study 18 August 2024

3.11 NOISE
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Increase in noise
levels in excess of
standards - Traffic
Significant and
unavoidable
No No No None required
b) Increase in noise
levels in excess of
standards - Other
project noise
Less than
significant with
mitigation
No No No None required
c) Increase in noise
levels in excess of
standards -
Construction
Less than
significant with
mitigation
No No No EIR Mitigation
Measures NOISE -
4 and NOISE-5
d) Groundborne
vibrations
Less than
significant
No No No None required
e) Airport and
airstrip noise
No impact No No No None required
a) Increase in Noise Levels in Excess of Standards - Traffic.

As discussed in the MIP EIR, the MIP project would result in traffic noise level increases on two Mariposa Road segments; these 4 dB noise level increases would exceed the 3-dB impact threshold set in the City of Stockton Noise Element. Mitigation measures to reduce noise impacts on these segments are not considered feasible; therefore, this noise impact was considered significant and unavoidable. The proposed project, including the planned substation, would not, however, generate any additional traffic or associated noise impacts. Therefore, the proposed project would not affect traffic noise levels on any road segment. The proposed project would not have any new or more severe impacts on traffic noise levels.
b) Increase in Noise Levels in Excess of Standards - Other Project Noise As discussed in the MIP EIR, operation of proposed warehousing uses would generate new noise, but this impact would be reduced to a level that would be less than significant with implementation of required mitigation. The proposed project, including the planned substation, would not contribute to noise levels generated by MIP operations at this time. It is expected that any future development of the proposed project site would not contribute substantially to noise generated by MIP operations. The project would not have any new or more severe impacts on noise from project operations.

Attachment G 1198
MIP Small Parcels Annexation/Prezoning Initial Study 19 August 2024 c) Increase in Noise Levels in Excess of Standards - Construction As discussed in the MIP EIR, noise from MIP project construction activities would involve temporary increases in ambient noise levels, but this impact would be reduced to a level that would be less than significant with implementation of MIP EIR Mitigation Measures NOISE-4 and NOISE-5, which restrict construction hours and require compliance with City code noise measures. There are no land uses sensitive to noise in the immediate vicinity of the proposed project site, and MIP EIR Mitigation Measures NOISE-4 and NOISE-5 would apply to any construction that may occur, which would reduce potential construction noise to a level that is less than significant. The proposed project would not have new or more severe impacts related to construction noise.
b) Groundborne Vibrations.

As discussed in the MIP EIR, the MIP project would not involve potential groundborne vibration sources other than construction equipment, and these vibrations would cease once work is completed. Should future development occur, the proposed project would not involve any more construction noise or vibration than the approved MIP project. As noted, there are no land uses sensitive to noise in the proposed project vicinity; likewise, there are no land uses sensitive to vibrations. The proposed project would not have new or more severe impacts related to groundborne vibrations.
e) Airport and Airstrip Noise.

As discussed in the MIP EIR, the outermost noise contour (60 dB) of the Stockton Metropolitan Airport does not extend to the MIP site, including the proposed project site. Therefore, the proposed project would not have new or more severe impacts related to airport and airstrip noise.

3.12 PUBLIC SERVICES AND RECREATION
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Fire protection
facilities
Less than
significant with
mitigation
No No No None required
b) Police protection
facilities
Less than
significant
No No No None required
c) Schools Less than
significant
No No No None required
d) Parks and
recreational services
Less than
significant
No No No None required
e) Other public
facilities
Less than
significant
No No No None required
Attachment G 1199
MIP Small Parcels Annexation/Prezoning Initial Study 20 August 2024 a) Fire Protection Facilities.

As discussed in the MIP EIR, the MIP project would generate new demand for fire protection services from the Stockton Fire Department, which would require support for development of new fire protection facilities. The proposed project, including the planned substation, is not expected to generate additional demand for Stockton Fire Department services beyond that generated by the MIP project; therefore, it would not contribute to the demand for new fire protection facilities. The proposed project would not have any new or more severe impacts on fire protection services or facilities.
b) Police Protection Facilities.

As discussed in the MIP EIR, the MIP project would generate new demand for police protection services from the Stockton Police Department, but no new facilities would be required. The proposed project, including the planned substation, is not expected to generate additional demand for Stockton Police Department services beyond that generated by the MIP project; therefore, it would not contribute to the demand for new police protection facilities. The proposed project would not have any new or more severe impacts on police protection facilities. c) Schools.

As discussed in the MIP EIR, the MIP project could indirectly generate new demand for educational services of the Stockton Unified School District, but payment of development impact fees required by ordinance would satisfy CEQA mitigation requirements. The proposed project, including the planned substation, is not expected to generate additional demand for Stockton Unified School District services beyond that generated by the MIP project; therefore, it would not contribute to the demand for new school facilities. The proposed project would not have any new or more severe impacts on school facilities.
d) Parks and Recreational Services.

As discussed in the MIP EIR, the MIP project would not generate any significant demand for park or recreational facilities. The proposed project, including the planned substation, is not expected to generate additional demand for park and recreational services beyond that generated by the MIP project; therefore, it would not contribute to the demand for new facilities. The proposed project would not have any new or more severe impacts on park and recreational facilities. e) Other Public Facilities.

As discussed in the MIP EIR, the MIP project would not generate significant demand for other public facilities such as libraries. The proposed project is not expected to generate additional demand for other public services beyond that generated by the MIP project; therefore, it would not contribute to the demand for new facilities. The proposed project would not have any new or more severe impacts on park and recreational facilities.

Attachment G 1200
MIP Small Parcels Annexation/Prezoning Initial Study 21 August 2024

3.13 TRANSPORTATION
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Motor vehicle
transportation plans
- Intersections
Not applicable
under LOS
analysis
No No No None required
b) Motor vehicle
transportation plans
- Roadway segments
Not applicable
under LOS
analysis
No No No None required
c) Motor vehicle
transportation plans
- Ramp junctions
Not applicable
under LOS
analysis
No No No None required
d) Motor vehicle
transportation plans
- Truck routes
Less than
significant
No No No None required
e) Conflicts with nonmotor vehicle
transportation plans
Less than
significant
No No No None required
f) Consistency with
CEQA Guidelines
Section 15064.3(b)
Significant and
unavoidable even
with mitigation
No No No None required
g) Safety hazards Less than
significant
No No No None required
h) Emergency access Less than
significant
No No No None required
a) Motor Vehicle Transportation Plans - Intersections.

As discussed in the MIP EIR, under Existing Plus Approved Projects Plus Project conditions, four intersections, two roadway segments, and three ramp junctions were determined to operate at a Level of Service (LOS) that is inconsistent with City standards. The proposed project, including the planned substation, is not expected to generate additional traffic beyond that generated by the MIP project; therefore, it would not contribute to these effects. The proposed project would not have any new or more severe impacts on motor vehicle transportation plans relative to intersections.
b) Motor Vehicle Transportation Plans - Roadway Segments.

As discussed in the MIP EIR, under Existing Plus Approved Projects Plus Project conditions, two roadway segments were determined to operate at a LOS that is inconsistent with City standards.

The proposed project is not expected to generate additional traffic beyond that generated by the Attachment G 1201
MIP Small Parcels Annexation/Prezoning Initial Study 22 August 2024 MIP project; therefore, it would not contribute to these effects. The proposed project would not have any new or more severe impacts on motor vehicle transportation plans relative to roadway segments.
c) Motor Vehicle Transportation Plans - Ramp Junctions.

As discussed in the MIP EIR, under Existing Plus Approved Projects Plus Project conditions, three ramp junctions were determined to operate at a LOS that is inconsistent with City standards. The proposed project is not expected to generate additional traffic beyond that generated by the MIP project; therefore, it would not contribute to these effects. The proposed project would not have any new or more severe impacts on motor vehicle transportation plans relative to ramp junctions. d) Motor Vehicle Transportation Plans - Truck Routes.

As discussed in the MIP EIR, the MIP project would have no significant impacts on transportation facilities analyzed in the traffic study with recommended improvements, including designated truck routes. The proposed project is not expected to generate additional traffic beyond that generated by the MIP project; therefore, it would not contribute to these effects. The proposed project would not have any new or more severe impacts on motor vehicle transportation plans relative to truck routes.
e) Conflict with Non-Motor Vehicle Transportation Plans.

As discussed in the MIP EIR, the MIP project would have no significant impacts on non-motor vehicle transportation facilities or services, including public transit, bicycle, and pedestrian facilities. The proposed project is not expected to generate additional transportation demand beyond that generated by the MIP project; therefore, it would not contribute to these effects. The proposed project would not have any new or more severe impacts on non-motor vehicle transportation plans.
f) Consistency with CEQA Guidelines Section 15064.3(b).

CEQA Guidelines Section 15064.3(b) addresses vehicle miles traveled (VMT). As discussed in the MIP EIR, the MIP project would have impacts on VMT that would be significant and unavoidable even with mitigation. The proposed project is not expected to generate additional traffic beyond that generated by the MIP project; therefore, it would not contribute to VMT impacts. The proposed project would not have any new or more severe impacts related to consistency with CEQA Guidelines Section 15064.3(b).
g) Safety Hazards.

As discussed in the MIP EIR, the MIP project would not present a significant safety hazard to traffic, even with planned road improvements along Mariposa Road. The proposed project is not located on nor would affect any public roads. The proposed project would not have any new or more severe impacts related to transportation safety hazards. h) Emergency Access.

As discussed in the MIP EIR, the MIP site would have several access points for emergency vehicles. The proposed project is not located near and would not affect proposed emergency access Attachment G 1202
MIP Small Parcels Annexation/Prezoning Initial Study 23 August 2024 to the MIP site. The proposed project would not have any new or more severe impacts related to emergency access.

3.14 UTILITIES AND SERVICE SYSTEMS
Environmental
Issue Area
Conclusion in
MIP EIR
Does the
project
involve new
impacts?
New
circumstances
involving new
impacts?
New
information
requiring new
analysis or
verification?
Mitigation
required?
a) Wastewater
services and facilities
Less than
significant
No No No None required
b) Water services and
facilities
Less than
significant
No No No None required
c) Stormwater
services and facilities
Less than
significant
No No No None required
d) Solid waste Less than
significant with
mitigation
No No No None required
e) Energy and
telecommunications
facilities
Less than
significant
No No No None required
f) Project energy
consumption
Less than
significant with
mitigation
No No No None required
a) Wastewater Services and Facilities.

As discussed in the MIP EIR, the MIP project would be connected to the City’s existing adjacent wastewater system, which has adequate capacity to serve the MIP; the MIP project would have no significant impacts. The proposed project, including the planned substation, is not expected to generate any additional demand for wastewater services beyond that generated by the MIP project; therefore, it would not place any substantial additional demands on the City’s wastewater facilities.

The proposed project would not have any new or more severe impacts on wastewater services and facilities.
b) Water Services and Facilities.

As discussed in the MIP EIR, the MIP project would be connected to the City potable water system, which would involve no significant impacts. The proposed project, including the planned substation, is not expected to generate additional demand for water services beyond that generated by the MIP project; therefore, it would not place any substantial additional demands on the City’s water facilities. The proposed project would not have any new or more severe impacts on water services and facilities.

Attachment G 1203
MIP Small Parcels Annexation/Prezoning Initial Study 24 August 2024 c) Storm Water Services and Facilities.

As discussed in the MIP EIR, drainage from the MIP site would be collected by the proposed onsite storm drainage collection system and sent to a detention basin which would ultimately discharge to North Littlejohns Creek via a new pump station and outfall facility. As noted in Section 3.9, Hydrology and Water Quality, the proposed project, including the planned substation, is not expected to make a substantial contribution to storm drainage; therefore, it is not expected to require changes to the MIP storm drainage system. The proposed project would not have any new or more severe impacts on storm water services and facilities. d) Solid Waste.

As discussed in the MIP EIR, MIP project impacts on solid waste would be less than significant with implementation of mitigation requiring compliance with City construction and demolition waste requirements. The proposed project is not expected to generate any substantial solid waste long-term and therefore would place no substantial demands on solid waste collection and disposal facilities. Any future development on the proposed project site would comply with applicable regulations concerning construction and demolition waste. The proposed project would not have any new or more severe impacts on solid waste services and facilities. e) Energy and Telecommunications Facilities.

As discussed in the MIP EIR, the MIP project would not have significant impacts on energy and telecommunications facilities in the area. The proposed project is not expected to generate additional demand, if any, for energy or telecommunication services beyond that generated by the MIP project. Therefore, it would not place any substantial additional demands on energy and telecommunication facilities. The proposed project would not have any new or more severe impacts on energy and telecommunications facilities.
f) Project Energy Consumption.

As discussed in the MIP EIR, MIP project construction and operations would not consume energy in a manner that is wasteful, inefficient, or unnecessary. As noted in e) above, the proposed project is not expected to consume substantial amounts of energy beyond that consumed by the MIP project. The proposed project would not have any new or more severe impacts related to energy consumption.

3.15 CUMULATIVE IMPACTS
A cumulative impact is an environmental impact that may result from the combination of two or more environmental impacts associated with the proposed project with each other, or the combination of one or more project impacts with related environmental impacts caused by other projects. Cumulative impacts can be analyzed using a “project list” method, which accounts for the contribution of other development activities to possible cumulative impacts, or the “general plan” method, which relies on an analysis of the impacts of community or regional development activities as described in a general, specific plan or regional plan.

Attachment G 1204
MIP Small Parcels Annexation/Prezoning Initial Study 25 August 2024 The potential cumulative environmental effects of the MIP project, including the project’s proposed potable water and storm drainage improvements, were analyzed in the MIP EIR. The MIP EIR considered the potential cumulative environmental impacts of the MIP in the context of the long-range urban development in the City of Stockton through the year 2040, as set forth in the City’s General Plan. The analysis indicated that the MIP would have cumulative environmental impacts that are less than considerable.

The proposed project by itself, including the planned substation, would not contribute substantially to any environmental impacts. Any future development that may occur on the proposed project site would have impacts that at most would be no different than those identified in the MIP EIR.

On some issues, the proposed project would have no impact whatsoever. Any project-specific effects that could be significant would be reduced to a level that would be less than significant through the mitigation measures identified in the MIP EIR and adopted Mitigation Monitoring/Reporting Program (see Appendix C). Based on the analysis in this chapter, none of the potential environmental effects of the proposed project, as addressed individually in this chapter, would combine with other effects to result in a cumulatively considerable effect.

3.16 OTHER CEQA ISSUES
The proposed project would have no new significant and unavoidable impacts, nor would the proposed project contribute substantially to any significant and unavoidable impacts described in the MIP EIR. Future development on the proposed project site would involve the same irreversible commitment of resources, including fuels, as described in the MIP EIR.

The proposed project would be integrated with development of the MIP project. The MIP EIR analyzed growth-inducing impacts of the MIP project and concluded that such impacts would be less than significant. The proposed project would not introduce new or more severe growthinducing impacts.

Environmental justice has become an issue of concern in the State of California. Although environmental justice is not by itself an environmental issue, projects could have impacts on disadvantaged communities that can be linked to the physical environment. As noted above, the proposed project would have no environmental impacts not otherwise discussed in the MIP EIR.

The proposed project is not located within a disadvantaged community as it was known prior to annexation of the project site. As with the MIP project, future development on the proposed project site would not conflict with General Plan policies that address environmental justice concerns, as the proposed project would not affect any disadvantaged communities. Therefore, the proposed project would have no significant impact on environmental issues related to environmental justice.

Attachment G 1205
APPENDIX C
MARIPOSA INDUSTRIAL PARK EIR SUMMARY TABLE
Attachment G 1206
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-6 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

4.0 AESTHETICS AND VISUAL RESOURCES
Impact AES-1: Scenic Vistas. Views of scenic vistas already limited; project would not substantially interfere with views.

LS None required. -
Impact AES-2: Scenic Resources. There are no significant scenic resources on the project site. Potential riparian area along North Littlejohns Creek would only be minimally
affected. No other scenic resources or scenic highways are in the area.

LS None required. -
Impact AES-3: Visual Character and Quality. Urban
development would replace existing open space areas. New structures, site improvements, and landscaping would be designed and constructed to meet the aesthetic standards of the City of Stockton. Compliance with these standards would minimize project impacts on public views.

PS AES-1: New structures, landscaping, and site improvements shall conform with Section 5.02 of the City of Stockton Design Guidelines.

LS
Impact AES-4: Light and Glare. Lighting would be installed on properties that currently have none located near existing residences. Compliance with Stockton Municipal Code
Sections 16.36.060(B) and 16.32.070 would minimize light and glare impacts.

PS AES-2: The approved site plan shall conform with the most recent version of the California Green Building Standards Code (California Code of Regulations, Title 24, Part 11) adopted by the City of Stockton at the time of site plan approval, including compliance with Section 5.106.8, which establishes mandatory requirements for outdoor lighting systems of nonresidential development that are designed to minimize the effects of light pollution.

AES-3: The approved site plan shall comply with the applicable provisions of the Stockton Municipal Code pertaining to lighting, including Sections 16.36.060(B) and 16.32.070, which require exterior lighting to be shielded and directed away from adjoining properties and public rights-of-way. Compliance shall be documented in a photometric (lighting) plan or other documentation acceptable to the City.

AES-4: Prior to final approval, the project shall be submitted to the San Joaquin Council of Governments (SJCOG), acting in its LS
Attachment G 1207
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-7 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. capacity as the Airport Land Use Commission, for review of the compatibility of the project with Stockton Metropolitan Airport operations and conformance to the guidelines stipulated in the Airport Land Use Compatibility Plan for Stockton Metropolitan Airport.

5.0 AGRICULTURAL RESOURCES
Impact AG-1: Conversion of Farmland. The southern portion of the project site is classified as Farmland of Local
Importance, which is not Farmland as defined by the CEQA Guidelines. However, the northern portion is classified as Farmland of Statewide Importance, which is Farmland. The City’s Agricultural Lands Mitigation Program and
participation in SJMSCP would compensate for impacts on Farmland but not avoid conversion. [This issue was analyzed in the Stockton General Plan 2040 EIR and was determined to be significant and unavoidable even with mitigating General Plan policies.]
S AG-1: The project shall participate in and comply with the City’s Agricultural Lands Mitigation Program, under which developers of the property shall contribute agricultural mitigation land or shall pay the Agricultural Land Mitigation Fee to the City.

SU
Impact AG-2: Agricultural Zoning and Williamson Act. The project site is zoned AG-40 (General Agriculture), which holds land for future urban development. None of the parcels within the project site are under a Williamson Act contract.

LS None required. -
Impact AG-3: Indirect Conversion of Agricultural Lands. The project is in an area designated for urban development, and such development has occurred nearby. The project would not involve any activity that would indirectly convert other agricultural land to non-agricultural uses beyond land
designated Industrial by the Stockton General Plan.

LS None required. -

6.0 AIR QUALITY
Impact AIR-1: Air Quality Plans and Standards –
Construction Emissions. Project construction emissions would not exceed SJVAPCD significance thresholds, thereby being consistent with adopted air quality plans. Dust emissions would be reduced through the required implementation of PS AIR-1: Prior to the issuance of the first building permit, the applicant/developer shall demonstrate compliance with the SJVAPCD Rule 9510 (Indirect Source Review) to reduce growth in both NOx and PM10 emissions, as required by SJVAPCD and City requirements.

LS
Attachment G 1208
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-8 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

SJVAPCD Regulation VIII and the Indirect Source Rule. AIR-2: The project shall comply with SJVAPCD Regulation VIII for the control of dust emissions during project construction. A project Dust Control Plan shall be submitted to the SJVAPCD as required by Regulation VIII. Enforcement of Regulation VIII is the direct responsibility of the SJVAPCD. City Building inspectors shall monitor conformance with approved plans and specifications.

AIR-3: Architectural Coatings: Construction plans shall require that architectural and industrial maintenance coatings (e.g., paints) applied on the project 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.

AIR-4: SJVAPCD Regulation VIII Compliance: Construction plans and specifications shall include a Dust Control Plan incorporating the applicable requirements of Regulation VIII, which shall be submitted to the SJVAPCD for review and approval prior to beginning construction in accordance with the requirements of Regulation VIII.

AIR-5: Construction Worker Trip Reduction: Project construction plans and specifications will require contractor to provide transit and ridesharing information for construction workers.

AIR-6: Construction Meal Destinations: Project construction plans and specifications will require the 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.

AIR-7: To reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment (recommended by SJVAPCD).

Impact AIR-2: Air Quality Plans and Standards – Operational Emissions. Project operational emissions would not exceed S AIR-8: The project shall comply with the emission reduction SU Attachment G 1209
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-9 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

SJVAPCD significance thresholds, except for NOx.

Compliance with SJVAPCD Rule 9510 and Additional Air
Quality Improvement Measures (Appendix B) would reduce
NOx emission impacts. However, it cannot be determined if reduction through these measures would make project impacts less than significant. [This issue was analyzed in the Stockton General Plan 2040 EIR and was determined to be significant and unavoidable even with mitigating General Plan policies and EIR measures.]
requirements of SJVAPCD Rule 9510 for project operations.

AIR-9: Prior to building occupancy, employers with 100 or more eligible employees shall submit an Employer Trip Reduction Implementation Plan (ETRIP) to the City for review and approval, as required by SJVAPCD Rule 9410. A copy of the ETRIP shall be provided to the SJVAPCD. Employers shall facilitate participation in the implementation of the ETRIP by providing information to its employees explaining methods for participation in the Plan and the purpose, requirements, and applicability of Rule 9410.

AIR-10: The project shall comply with SJVAPCD Rule 4101, which prohibits emissions of visible air contaminants to the atmosphere and applies to any source operation that emits or may emit air contaminants.

AIR-11: The project shall comply with SJVAPCD Rule 4601,which limits emissions of volatile organic compounds from architectural coatings by specifying storage, clean up and labeling requirements. (The project has agreed to abide by more stringent VOC emissions requirements.

AIR-12: Solar Power: Owners, operators or tenants shall include with the building permit application, 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. Project sponsor shall include analysis of (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.

AIR -12 (continued): 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. The photovoltaic system shall include a battery storage system to serve the facility in the event of a power outage to the extent required by the 2022 or later California Building Standards Code.

Attachment G 1210
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-10 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

AIR -12 (continued): 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 shall demonstrate how all available space has been maximized (e.g., roof, parking areas, etc.). Areas which provide truck movement may be excluded from these calculations unless otherwise deemed acceptable by the supplied reports.

AIR -12 (continued): The developer or tenant, or qualified solar provider engaged by the developer or tenant shall timely order all equipment and shall install the system when the City has approved building permits and the necessary equipment has arrived. The developer or tenant shall commence operation of the system 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 building owner 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 project.

AIR -13: Emission Standards for Heavy-Duty Trucks: The
following mitigation measures shall be implemented during all on-going business operations and shall be included as part of contractual lease agreement language to ensure the tenants/lessees are informed of all on-going operational responsibilities.

The property owner/tenant/lessee shall ensure that all heavy-duty trucks (Class 7 and 8) domiciled on the project site are model year 2014 or later from start of operations and shall expedite a transition to zero-emission vehicles, with the fleet fully zeroemission by December 31, 2025 or whencommercially available for the intended application, whichever date is later.

A zero-emission vehicle shall ordinarily be considered
commercially available if the vehicle is capable of serving the intended purpose and is included in California’s Hybrid and ZeroEmission Truck and Bus Voucher Incentive Project, https://californiahvip.org/ or listed as available in the US on the Attachment G 1211
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-11 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

Global Commercial Vehicle Drive to Zero inventory,
https://globaldrivetozero.org/. The City shall be responsible for the final determination of commercial availability and may (but is not required to) consult with the California Air Resources Board before making such final determination. In order for the City to make a determination that such vehicles are commercially unavailable, the operator must submit documentation from a minimum of three (3) EV dealers identified on the
californiahvip.org website demonstrating the inability to obtain the required EVs or equipment needed within 6 months.
"Domiciled at the project site shall mean the vehicle is either (i) parked or kept overnight at the project site more than 70% of the calendar year or (ii)dedicated to the project site (defined as more than 70% of the truck routes(during the calendar year) that start at the project site even if parked or kept elsewhere)
Zero-emission heavy-duty trucks which require service can be temporarily replaced with model year 2014 or later trucks.

Replacement trucks shall be used for only the minimum time required for servicing fleet trucks.

AIR-14: Zero Emission Vehicles: The property
owner/tenant/lessee shall utilize a "clean fleet" of
vehicles/delivery vans/trucks (Class 2 through 6) as part of business operations as follows: For any vehicle (Class 2 through 6) domiciled at the project site, the following "clean fleet" requirements 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 thefleet will be zero emission vehicles by December 31, 2027.
"Domiciled at the project site" shall mean the vehicle is either (i) parked or kept overnight at the project site more than 70% of the calendar year or (ii) dedicated to the project site (defined as more than 70% of the truck routes (during the calendar year) that start at Attachment G 1212
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-12 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. the project site even if parked or kept elsewhere).

Zero-emission vehicles which require service can be temporarily replaced with alternate vehicles. Replacement vehicles shall be used for only the minimum time required for servicing fleet vehicles.

The property owner/tenant/lessee 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 project site.

AIR-15: Demonstrate Compliance with Clean Fleet
Requirements: The applicant, property owner, tenant, lessee, or other party operating the facility (the "Operator") shall utilize the zero emission vehicles/trucks required to meet the "clean fleet" requirements in AIR-13 (for Class 7 and 8 vehicles) and AIR-14 (for Class 2 through 6 vehicles) above. Within30-days of occupancy, the Operator shall demonstrate to the satisfaction of CDD staff, that the applicable clean fleet requirements are being met.

AIR-15 (continued): In the event that vehicles/trucks are not commercially available for the intended application, the "clean fleet requirements" may be adjusted as minimally as possible by the CDD to accommodate unavailability of commercially
available vehicles/trucks.

AIR-15(continued): The City shall quantify the air pollution and GHG emissions resulting from any modification of this condition. Within 12 months of failing to meet a “clean fleet” requirement the property owner/tenant/lessee shall implement a Voluntary Emissions Reduction Agreement (VERA)
providing pound for pound mitigation of the criteria
pollutant, toxic air contaminants, and GHG emissions
quantified by the City through a process that develops, funds, and implements emission reduction projects, with the Air District serving a role of administrator of the emission reduction projects and verifier of the successful mitigation Attachment G 1213
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-13 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. effort. The VERA shall prioritize projects in the South Stockton and surrounding area. Property owner/tenant/lessee shall continue to fund the VERA each year in an amount
necessary to achieve pound for pound mitigation of emissions resulting from not meeting the clean fleet requirements until the owner/tenant/lessee fully complies.

AIR-15 (continued): The Operator shall implement the proposed measures after CDD review and approval. Any extension of time granted to implement this condition shall be limited to the shortest period of time necessary to allow for 100% electrification under the clean fleet requirements. The CDD staff may seek the recommendation of the California Air Resources Board in determining whether there has been a manufacturing disruption or insufficient vehicles/trucks commercially available for the intended application.

AIR-16: Condition of Approved Compliance Report: The
Operator shall submit a condition of approval compliance report within 30 days of, but not later than, the following dates:

December 31, 2023, December 31, 2025, and December 31, 2027.

The report shall outline clean fleet requirements applicable at each report interval and include documentation demonstrating compliance with each requirement. The City shall consider each report at a noticed publichearing and determine whether the Operator has complied with the applicable clean fleet
requirements. If the Operator has not met each 100% clean fleet requirement by December 31, 2027, then the Operator shall submit subsequent reports every year until the 100% clean fleet requirement is implemented. The City shall consider each subsequent report at a noticed public hearing and determine whether the Operator has complied with the clean fleet
requirements, including any minimal adjustments to the
requirements by the CDD to accommodate the manufacturing disruption or unavailability of commercially available
vehicles/trucks, as described in the previous paragraph. Notice of the above hearings shall be provided to all properties located within 1,000 feet of the project site and through the ASK Stockton Attachment G 1214
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-14 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. list serve.

AIR-16 (continued): After the 100% clean fleet requirement has been implemented and confirmed by the CDD, the Operator shall submit to the CDD an on-going compliance report every three years containing all necessary documentation to verify that the Operator is meeting the clean fleet requirements. At the time it confirms that the 100% clean fleet requirement has been implemented, the CDD will establish the due date for the first ongoing compliance report. Each subsequent on-going compliance report shall be due within 30 days of, but not later than, the threeyear anniversary of the preceding due date. The on-going compliance reports and accompanying documentation shall be made available to the public upon request.

AIR-17: Zero Emission Forklifts, Yard trucks and Yard
Equipment: Owners, operators or tenants shall require 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, to be electrically powered or zero-emission. The owner, operator or tenant shall provide on-site electrical charging facilities to adequately service electric vehicles and equipment.

AIR-18: Truck Idling Restrictions: Owners, operators or tenants shall be required to make their best effort to restrict truck idling onsite to a maximum of three minutes, subject to exceptions defined by CARB in the document:
commercial_vehicle_idling_requirements_July 2016. Idling restrictions shall be enforced by highly-visible posting at the site entry, posting at other on-site locations frequented by truck drivers, conspicuous inclusion in employee training and guidance material and owner, operator or tenant direct action as required.

AIR-19: Electric Truck Charging: At all times during project operation, owners, operators or tenants shall be required to provide electric charging facilities on the project site sufficient to charge all electric trucks domiciled on the site and such facilities shall be made available for all electric trucks that use the project site.

Attachment G 1215
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-15 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

AIR-20: Project Operations, Food Service: Owners, operators or tenants shall establish locations for food or catering truck service and cooperate with food service providers to provide consistent food service to operations employees.

AIR-21: Project Operations, Employee Trip Reduction: Owners, operators or tenants shall provide employees transit route and schedule information on systems serving the project area and coordinate ridesharing amongst employees.

AIR-22: Yard Sweeping: Owners, operators or tenants shall provide periodic yard and parking area sweeping to minimize dust generation.

AIR-23: Diesel Generators: Owners, operators or tenants shall prohibit the use of diesel generators, except in emergency situations, in which case such generators shall have Best Available Control Technology (BACT) that meets CARB’s Tier 4 emission standards.

AIR-24: Truck Emission Control: Owners, operators or tenants shall ensure that trucks or truck fleets domiciled at the project site be model year 2014 or later, and maintained consistent with current CARB emission control regulations
AIR-25: SmartWay: Owners, operators or tenants shall enroll and participate the in SmartWay program for eligible businesses AIR-26: Designated Smoking Areas: Owners, operators or tenants shall ensure that any outdoor areas allowing smoking are at least 25 feet from the nearest property line.

AIR-27: Project construction shall be subject to all adopted City building codes, including the adopted Green Building Standards Code, version July 2022 or later. Prior to the issuance of building permits, the applicant/developer shall demonstrate (e.g., provide building plans) that the proposed buildings are designed and will be built to, at a minimum, meet the Nonresidential Voluntary Measures of the California Green Building Standards code, Divisions A5.1, 5.2 and 5.5, including but not limited to the Tier 2 Attachment G 1216
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-16 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

Impact AIR-3: Exposure of Sensitive Receptors to Criteria Pollutants. Rural residences are unlikely to be exposed to high pollutant concentrations. CO concentrations at one street intersection can be reduced through mitigation. NOx
emissions within the DUC area an area designated a
disadvantaged community would be substantially reduced by general plan mitigation measures, conformance with
SJVAPCD rules and regulations and additional mitigation prescribed for Impact AIR-2 above. SJVAPCD rules and
Additional Air Quality Improvement Measures (Appendix B).

However, it cannot be determined if this reduction would have an impact on the disadvantaged community that is less than significant. [This issue was analyzed in the Stockton General Plan 2040 EIR and was determined to be significant and unavoidable even with mitigating General Plan policies and EIR measures.]
S SU
Impact AIR-4: Exposure of Sensitive Receptors to Toxic Air Contaminants. Diesel PM generated by project operations.

Health Risk Assessment conducted for project indicates diesel PM emissions would not adversely affect nearby residences.

LS -
Impact AIR-5: Odors and Other Emissions. Main odor source would be vehicle emissions, which would be localized and would dissipate rapidly.

LS
standards in those Divisions, where applicable, such as the Tier 2 advanced energy efficiency requirements as outlined under Section A5.203.1.2.

AIR-28: All tenant lease agreements for the project site shall include a provision requiring the tenant/lessee to comply with all applicable requirements of the MMRP, a copy of which shall be attached to each tenant/lease agreement.

AIR-29: The project applicant, to reduce carbon monoxide concentrations to an acceptable level, shall contribute fairshare costs to an improvement on the Mariposa Road and Carpenter Road intersection that would widen the northeast-bound Carpenter Road approach to include an exclusive northeast-bound-to northwest-bound left-turn lane, and a combined through/right-turn lane. (See also Transportation Improvement Measure TRANS-2 in Chapter 16.0, Transportation.)
Implement all mitigation measures for Impact: AIR-2,
Mitigation Measures #s AIR-8 through AIR-28.

None required.

None required.
-
Attachment G 1217
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-17 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

7.0 BIOLOGICAL RESOURCES
Impact BIO-1: Special-Status Species and Habitats. Project development would involve the potential for impacts on
foraging habitat for Swainson’s hawk and burrowing owl and some potential for nesting impacts. Seasonal wetlands may support vernal pool fairy shrimp.

PS BIO-1: The developer shall apply to the San Joaquin Council of Governments (SJCOG) for coverage under the San Joaquin County Multi-Species Open Space and Habitat Conservation Plan
(SJMSCP). The project site shall be inspected by the SJMSCP biologist, who will recommend which Incidental Take Minimization Measures (ITMMs) set forth in the SJMSCP should be
implemented. The project applicant shall pay the required SJMSCP fee, if any, and be responsible for the implementation of the specified ITMMs. Setbacks along North Littlejohns Creek shall be as specified in the SJMSCP- approved buffer reduction.

LS
Impact BIO-2: Riparian and Other Sensitive Habitats.

Riparian corridor along North Littlejohns Creek would be minimally affected by installation of an outfall. No other sensitive habitats would be affected.

LS None required -
Impact BIO-3: Waters of the U.S. and Wetlands. North
Littlejohns Creek, a ditch, and five seasonal wetlands have been identified as potential Waters of the U.S or State wetlands.

PS BIO-2: Prior to the start of construction work in the area where seasonal wetlands have been identified, the project developer shall conduct a wetland delineation identifying jurisdictional Waters of the U.S. and wetlands. The delineation shall be verified by the U.S.

Army Corps of Engineers (Corps). The delineation shall be used to determine if any project work will encroach upon any jurisdictional water, thereby necessitating an appropriate permit. For any development work that may affect a delineated jurisdictional Water, the project developer shall obtain any necessary permits from the U.S. Army Corps of Engineers prior to the start of development work within these locations. Depending on the Corps permit issued, the project applicant shall also apply for a Section 401 Water Quality Certification from the Central Valley Regional Water Quality Control Board. If the seasonal wetlands are avoided, , or if phased development occurs in areas where no wetlands have been identified, then this mitigation measure does not apply.

BIO-3: Prior to the start of construction work in North Littlejohns Creek, the project developer shall obtain any necessary permits from the California Department of Fish and Wildlife and the Central Valley Flood Protection Board. The project developer shall comply LS
Attachment G 1218
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-18 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. with all conditions attached to any required permit.

BIO-4: Prior to the start of construction work in the area where seasonal wetlands have been identified, the project developer shall obtain any necessary Waste Discharge Requirements from the Central Valley Regional Water Quality Control Board. Pursuant to the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan, the filling of seasonal wetlands containing vernal pool invertebrates shall be delayed until the wetlands are dry and SJCOG biologists can collect the surface soils from the wetlands, to store them for future use on off-site seasonal wetland creation on SJOCG preserve lands. If the seasonal wetlands are avoided, then this mitigation measure does not apply.

Impact BIO-4: Fish and Wildlife Migration. Several trees in the project vicinity that are suitable for nesting raptors and other protected bird species, including migratory species.

PS Implementation of Mitigation Measure BIO-1. LS
Impact BIO-5: Local Biological Requirements. Valley oak, a species protected by City’s Heritage Tree Ordinance, was identified along North Littlejohns Creek.

PS BIO-5: If removal of any oak tree on the project site is required, a certified arborist shall survey the oak trees proposed for removal to determine if they are Heritage Trees as defined in Stockton Municipal Code Chapter 16.130. The arborist report with its findings shall be submitted to the City’s Community Development Department. If Heritage Trees are determined to exist on the property, removal of any such tree shall require a permit to be issued by the City in accordance with Stockton Municipal Code Chapter 16.130. The permittee shall comply with all permit conditions, including tree replacement at specified ratios.

LS
Impact BIO-6: Habitat Conservation Plans. Project would participate in the San Joaquin County Multi-Species Open Space and Habitat Conservation Plan
PS Implement Mitigation Measure DEIRBIO-1. LS

8.0 CULTURAL RESOURCES AND TRIBAL CULTURAL RESOURCES
Impact CULT-1: Historical Resources. No historical
resources have been recorded on the project site.

NI None required. -
Impact CULT-2: Archaeological and Tribal Cultural
Resources. No archaeological or tribal cultural resources were PS CULT-1: If any subsurface archaeological resources, including human burials and associated funerary objects, are encountered LS
Attachment G 1219
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-19 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. identified on the project site. However, a Sacred Land has been recorded nearby, and it is possible that unknown cultural resources may be uncovered during project construction. during construction, all construction activities within a 50-foot radius of the encounter shall be immediately halted until a qualified archaeologist can examine these materials and evaluate their significance. The City shall be immediately notified in the event of a discovery. If burial resources or tribal cultural resources are discovered, the City shall notify the appropriate tribal representative, who may examine the materials with the
archaeologist and advise the City as to their significance.

The archaeologist, in consultation with the tribal representative if contacted, shall recommend mitigation measures needed to reduce potential cultural resource effects to a level that is less than significant in a written report to the City, with a copy to the tribal representative. The City shall be responsible for implementing the report recommendations. Avoidance is the preferred means of disposition of tribal cultural resources. The contractor shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in written reports to the City.

CULT-2: The project shall comply with the provisions of the City of Stockton Municipal Code Section 16.36.050. If a historical or archaeological resource or human remains may be impacted by the project, the Secretary of the Cultural Heritage Board shall be notified, any survey needed to determine the significance of the resource shall be conducted, and the proper environmental documents shall be prepared.

CULT-3: In the event that archaeological resources are discovered during any construction, construction activities shall cease, and the Community Development Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archaeologist, and disposition of artifacts may occur in compliance with State and federal law.

Impact CULT-3: Human Burials. The Yokuts representative indicated that Native American burials have occurred in the project vicinity. CEQA Guidelines Section 15064.5(e) and the Stockton Municipal Code describe procedures to be followed PS CULT-4: If project construction encounters evidence of human burial or scattered human remains, the contractor shall immediately notify the County Coroner and the City, which shall in turn notify the appropriate tribal representative. The City shall notify other LS
Attachment G 1220
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-20 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. when human remains are uncovered in a location outside a dedicated cemetery. Additional mitigation is prescribed for treatment of Native American remains.
federal and State agencies as required. The City will be responsible for compliance with the requirements of California Health and Safety Code Section 7050.5 and with any direction provided by the County Coroner.

If the human remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission, which will notify and appoint a Most Likely Descendant. The Most Likely Descendant will work with the archaeologist to decide the proper treatment of the human remains and any associated funerary objects in accordance with California Public Resources Code Sections 5097.98 and 5097.991. Avoidance is the preferred means of disposition of the burial resources.

CULT-5: In the event human remains are discovered during any construction, construction activities shall cease, and the County Coroner and Community Development Director shall be notified immediately in compliance with CEQA Guidelines 15064.5 (d). A qualified archaeologist shall be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner shall notify the NAHC within 24 hours of this identification. The NAHC will identify the most likely descendent of the Native American to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. [Note: this is similar to EIR Mitigation Measure CULT-2.]

9.0 GEOLOGY, SOILS, AND MINERAL RESOURCES
Impact GEO-1: Faulting and Seismicity. There are no active or potentially active faults within or near the project site. The project site would be exposed to seismic shaking, but
compliance with the adopted California Building Code would minimize seismic hazards.

PS GEO-1: The project shall obtain a Notice of Intent issued by the SWRCB for compliance with the Construction General Permit. The project shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) including a site map, description of construction activities and identification of Best Management Practices (BMPs) that will prevent soil erosion and discharge of other construction-related pollutants.

GEO-2: The project applicant shall comply with Stockton Municipal LS
Attachment G 1221
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-21 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

Code Section 15.48.050, which requires construction activities to be designed and conducted to minimize discharge of sediment and all other pollutants and Section 15.48.070, which contains standards for implementation of Best Management Practices.

Impact GEO-2: Other Geologic Hazards. The project site is not prone to landslide hazards or subsidence. Liquefaction and other soil instability on the project site are considered unlikely, but no information specific to the site is available.

LS None required. -
Impact GEO-3: Soil Erosion. Project construction activities would loosen the soil, leaving it exposed to potential water and wind erosion. Project would be required to obtain a Construction General Permit, which has conditions that would reduce soil erosion impact, as would the City’s Storm Water Management Program, the Stockton Municipal Code, and
SJVAPCD Regulation VIII.

PS GEO-3: The project applicant shall submit a geologic soils report, prepared by a registered civil engineer, in compliance with Stockton Municipal Code Section 16.192.020. The report’s recommendations shall be incorporated into the final design and construction plans.

GEO-4: Project plans and specifications shall comply with the most recent version of the California Building Code adopted by the City of Stockton at the time of project approval.

LS
Impact GEO-4: Expansive Soils. Project site soils have high shrink-swell potential.

LS None required. -
Impact GEO-5: Paleontological Resources and Unique
Geological Features. The project site does not contain unique geological features or any known paleontological resources; however, project construction could unearth previously
unknown paleontological materials of significance.

PS GEO-5: If any subsurface paleontological resources are encountered during construction, all construction activities within a 50-foot radius of the encounter shall be immediately halted until a qualified paleontologist can examine these materials, initially evaluate their significance and, if potentially significant, recommend measures on the disposition of the resource. The City shall be immediately notified in the event of a discovery. The contractor shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in written reports to the City.

LS
Impact GEO-6: Access to Mineral Resources. There are no identified mineral resource areas on the project site.

NI None required. -

10.0 GREENHOUSE GAS EMISSIONS
Impact GHG-1: Project GHG Construction Emissions and
Consistency with Applicable Plans and Policies. Unmitigated PS GHG-1: The project shall implement the Off-Road Vehicles Best Management Practices specified in the Stockton Climate Action SU
Attachment G 1222
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-22 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. construction GHG emissions would be reduced by Additional Air Quality Improvement Measures (Appendix B),
compliance with applicable State and SJVAPCD rules and
regulations, and additional mitigation. However, since these measures cannot be precisely quantified, and no quantified thresholds applicable to GHG construction emissions are available, it cannot be stated with certainty that GHG
emissions would be reduced to a level that is considered less than significant. [GHG construction emissions were not
specifically analyzed in the Stockton General Plan 2040 EIR.] Plan. At least three (3) percent of the construction vehicle and equipment fleet shall be powered by electricity. Construction equipment and vehicles shall not idle their engines for longer than three (3) minutes.

GHG-2: The project applicant shall comply, as applicable, with the provisions of the California Air Resources Board’s Regulation for In-Use Off-Road Diesel Fueled Fleets, which applies to all selfpropelled off-road diesel vehicles 25 horsepower or greater used in California and most two-engine vehicles (except on-road two-engine sweepers). These provisions include imposing limits on idling and requiring a written idling policy. It also requires fleets to reduce their emissions by retiring, replacing, or repowering older engines, or by installing Verified Diesel Emission Control Strategies (i.e., exhaust retrofits).

AIR-1: Comply with SJVAPCD Rule 9510 for project
construction.

AIR-2: Comply with SJVAPCD Regulation VIII for the control of dust emissions, submit a project Dust Control Plan.

AIR-3: Architectural Coatings: VOC content of <10 g/L.

AIR-4: Comply with SJVAPCD: Repeats EMM-2.

AIR-5: Provide transit and ridesharing information for
construction workers.

AIR-6: Contractor to locations for food or catering truck service to construction workers.

AIR-7: Use cleanest available off-road construction equipment (recommended by SJVAPCD).

Impact GHG-2: Project GHG Operational Emissions and
Consistency with Applicable Plans and Policies. Unmitigated operational GHG emissions would be reduced by project
features, compliance with regulations consistent with
Stockton Climate Action Plan and with State and SJVAPCD LS AIR-8: Comply with SJVAPCD Rule 9510 requirements for project operations.

AIR-9: Employers with 100 employees shall submit an Employer -
Attachment G 1223
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-23 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. plans, and Additional Air Quality Improvement Measures
(Appendix B).

Trip Reduction Implementation Plan (ETRIP) to the City for review and approval.

AIR-10: Comply with SJVAPCD Rule 4101prohibiting emissions of visible air contaminants.

AIR-11: Comply with SJVAPCD Rule4601 limiting VOC emissions from architectural coatings.

AIR-12:Buildings to be solar ready and install solar panels to provide power for operational base power use.

AIR-13: Emission standards for heavy-duty trucks (Class 7 and 8) domiciled on the project site, clean vehicle requirements.

AIR-14: Zero Emission Vehicles: Emission standards for
vehicles/delivery vans/trucks (Class 2 through 6), clean vehicle requirements.

AIR-15:Demonstrate compliance with “clean fleet” requirements in AIR-13 and AIR-14 within 30-days of occupancy. Operator shall submit Clean Fleet condition of approval compliance report at December 31, 2023, 2025 and 2027, tri-annually afterward. In the event of a disruption in clean fleet supply, the applicant will implement a Voluntary Emissions Reduction Agreement (VERA).

AIR-16:Submittal of Clean Fleet condition of approval compliance report within 30 days of, but not later than, the following dates:

December 31, 2023, December 31, 2025, and December 31, 2027.

AIR-17: Requirement for forklifts, yard trucks and yard equipment, all zero emission.

AIR-18: Limit truck idling to a maximum of three minutes.

AIR-19: Operators to provide electric truck charging facility.

AIR-20: Operators to provide location for food or catering truck Attachment G 1224
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-24 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. service.

AIR-21: Operators to provide employees with alternative commute information.

AIR-22: Yard Sweeping: Operators to provide periodic yard and parking area sweeping to minimize dust generation.

AIR-23: Diesel Generators: Operators shall prohibit the use of diesel generators.

AIR-24: Emission controls for trucks or truck fleets domiciled at the project site.

AIR-25: Operators participate in EPA SmartWay.

AIR-26: Operators shall designate smoking areas at least 25 feet from the nearest property line.

AIR-27:Project construction is subject to adopted City building codes, including adopted Green Building Standards Code, Tier 2 advanced energy efficiency requirements for specified divisions.

AIR-28:Tenant lease agreements to include required compliance with all applicable requirements of the MMRP.

11.0 HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Hazardous Material Transportation and
Storage. Proposed warehouses may store finished goods or raw materials considered hazardous. Compliance with
applicable local, state, and federal regulations would
minimize impacts.

PS HAZ-1: New business on the project site that may handle quantities of hazardous materials equal to or greater than 55 gallons of a liquid, 500 pounds of a solid, or 200 cubic feet of a compressed gas at any given time shall submit a Hazardous Materials Business Plan to the Certified Unified Program Agency (CUPA) of San Joaquin County. The Hazardous Materials Business Plan shall include an inventory of hazardous materials and hazardous wastes and an emergency response plan for incidents involving hazardous LS
Attachment G 1225
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-25 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. materials and wastes.

HAZ-2: Proposed business uses that involve the manufacture, storage, handling, or processing of hazardous materials in sufficient quantities that would require s Hazardous Materials Business Plan and the use is within 1,000 feet of a residential zoning district, the project shall comply with Stockton Municipal Code Section

16.36.080, which governs use, handling, storage, and transportation of hazardous materials.

Impact HAZ-2: Hazardous Material Releases. Project
construction and operations create a potential for hazardous material releases. The required SWPPP and other typical contractor practices shall minimize construction impacts.

Compliance with applicable local, state, and federal
regulations would minimize operational impacts. No schools are located within one-quarter mile of the project site.

PS GEO-1: The project shall obtain a Notice of Intent issued by the SWRCB for compliance with the Construction General Permit. The project shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) including a site map, description of construction activities and identification of Best Management Practices (BMPs) that will prevent soil erosion and discharge of other construction-related pollutants.

GEO-2: The project applicant shall comply with Stockton Municipal Code Section 15.48.050, which requires construction activities to be designed and conducted to minimize discharge of sediment and all other pollutants and Section 15.48.070, which contains standards for implementation of Best Management Practices.

LS
Impact HAZ-3: Hazardous Material Sites. No active
hazardous material sites were identified on or adjacent to project site. Soil sampling as part of a Phase II Environmental Site Assessment did not indicate soil contamination on the project site.

LS None required. -
Impact HAZ-4: Airport Hazards. The project site is within Compatibility Zone 7b as established by the Stockton
Metropolitan Airport ALUCP. Proposed development would
be consistent with allowable land uses in this zone.

PS MM HAZ-3: The project shall be submitted to the San Joaquin County Airport Land Use Commission for review of projectassociated objects that exceed 100 feet in height.

LS
Impact HAZ-5: Interference with Emergency Vehicle Access and Evacuations. Neither project construction nor operations would require closure or any major restriction on use of adjacent roads. Once construction work is completed, project LS None required. -
Attachment G 1226
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-26 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. development would not obstruct any roads.

Impact HAZ-6: Wildfire Hazards. Project is in an urbanizing area and has not been designated a fire hazard area by Cal Fire.

LS None required. -

12.0 HYDROLOGY AND WATER QUALITY
Impact HYDRO-1: Surface Water Resources and Quality.

Construction activities could loosen soils that could
eventually enter nearby surface waters, as well as debris and deposits from project operations. Compliance with applicable water quality plans, permits, and regulations would minimize impacts. Project development will be required to submit storm water management plans for the project that shall include construction erosion and sedimentation controls as well as post-construction Best Management Practices.

PS Implement storm water quality protections described in GEO-1 HYDRO-1: Industrial uses on the project shall obtain coverage under the Central Valley RWQCB Industrial General Permit program and implement pollution control measures using the best available technology economically achievable and best conventional pollutant control technology. All facility operators shall prepare, retain on site, and implement a SWPPP implementing applicable Industrial General Permit requirements, including a monitoring program.

Impact HYDRO-2: Groundwater Resources and Quality.

Project would be served by the City’s water system, which relies in part on groundwater. Project can be accommodated from City’s existing supplies without requiring additional groundwater. Project would be subject to Groundwater
Sustainability Plan for basin, which include direct and in-lieu recharge projects.

LS None required. -
Impact HYDRO-3: Drainage Patterns and Runoff. Project
would alter existing drainage patterns and runoff volumes, but project features would reduce impacts. Issues associated with water quality of runoff would be mitigated.

LS None required. -
Impact HYDRO-4: Release of Pollutants in Flood, Tsunami, and Seiche Zones. Only a small portion of the project site is within a FEMA-designated 100-year floodplain, and no
buildings using or storing hazardous materials would be located there. The project site would not be subject to flooding from dam or levee failure or from seiches or
tsunamis.

LS None required. -
Attachment G 1227
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-27 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

Impact HYDRO-5: Consistency with Water Quality and
Groundwater Management Plans. The project would comply
with applicable water quality plans and be consistent with the Groundwater Sustainability Plan for the Eastern San Joaquin Subbasin.

LS None required. -

13.0 LAND USE, POPULATION, AND HOUSING
Impact LUP-1: Division of Communities. The area
surrounding the project site is a combination of vacant parcels, agricultural uses, and rural residential and
commercial development. This does not constitute a
community that could be divided by the project.

NI None required. -
Impact LUP-2: Conflict with Applicable Plans, Policies, and Regulations. The project would be consistent with the policies of the Stockton General Plan. Project may conflict with LAFCo policies preserving agricultural land, but project would be subject to the City’s Agricultural Lands Mitigation Program. Project site is consistent with development
standards for Compatibility Zone 7b of the Stockton
Metropolitan Airport ALUCP.

LS None required. -
Impact LUP-3: Inducement of Population Growth. While the warehouse development would provide employment
opportunities, these opportunities are expected to be filled mainly by existing residents. The project would not induce population growth beyond that anticipated in the Stockton General Plan.

LS None required. -
Impact LUP-4: Displacement of Housing and People. The
project site has single-family residences that would be demolished. However, there is available housing in the
Stockton area to accommodate any displaced persons.

LS None required. -

14.0 NOISE
Impact NOISE-1: Increase in Noise Levels in Excess of
Standards-Traffic. Traffic generated under Existing Plus Approved Projects Plus Project conditions would increase S NOISE-1: The applicant, the City of Stockton and other project developers impacting Mariposa Road traffic shall consider the use of noise-reducing pavement and utilize it where feasible in planned SU
Attachment G 1228
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-28 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. traffic noise levels along segments of Mariposa Road that would exceed City Noise Element standards. [This issue was analyzed in the Stockton General Plan 2040 EIR and was
determined to be significant and unavoidable.]
widening projects for Mariposa Road.

Impact NOISE-2: Increase in Noise Levels in Excess of
Standards-Other Project Noise. Noise from trailer parking and truck loading/unloading could affect nearby sensitive land uses, mainly residences.

PS NOISE-2: Sound walls and/or berms 10 feet in height shall be required where existing residential uses or residentially zoned areas are located adjacent to the project site. Figure 3 of the project noise study (Figure 14-2 of this EIR) shows the locations of the recommended sound walls based on the proposed conceptual plan.

Site plan modifications, and/or additional noise analysis by a qualified acoustical consultant may warrant changes to these requirements, assuming that compliance with City noise standards is maintained.

NOISE-3: Project operation shall at all times comply with the provisions of Stockton Municipal Code Chapter 16.60, including Section 16.60.040, which states that new or expanded commercial, industrial, and other land use-related noise sources shall mitigate their noise levels such that they do not adversely impact noisesensitive land uses (e.g., residences) and do not exceed City noise standards.

LS
Impact NOISE-3: Increase in Noise Levels in Excess of
Standards-Construction. Construction activities may
potentially increase ambient noise above City standards at nearby residences.

PS NOISE-4: Construction activities associated with the project shall adhere to the requirements of the City of Stockton Municipal Code with respect to hours of operation. The applicant shall ordinarily limit construction activities to the hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday. No construction shall occur on Sundays or national holidays without a written permit from the City. All construction equipment shall be in good working order and shall be fitted with factory-equipped mufflers.

NOISE-5: Project construction comply with the provisions of Stockton Municipal Code Chapter 16.60, including Section

16.60.030, which contains restrictions on construction noise, including operating or causing the operation of tools or equipment LS
Attachment G 1229
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-29 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. on private property used in alteration, construction, demolition, drilling, or repair work between the hours of 10:00 p.m. and 7:00 a.m. so that the sound creates a noise disturbance across a residential property line, except for emergency work of public service utilities. [Proposed EIR mitigation measure NOISE-2 more restrictive on construction days and hours.]
Impact NOISE-4: Groundborne Vibrations. Earth-moving
equipment may generate some groundborne vibrations, but not at levels distinctly perceptible by sensitive receptors or threatening to structures.

LS None required. -
Impact NOISE-5: Airport and Airstrip Noise. The project site is outside noise contours established by the Stockton
Metropolitan Airport ALUCP. No private airstrips are in the vicinity.

NI None required. -

15.0 PUBLIC SERVICES AND RECREATION
Impact PSR-1: Fire Protection Service. New or expanded
facilities may be required in the future, but project would not trigger this requirement. Public Facility Fees will be paid, and future facilities would be subject to CEQA review.

Recommended Fire Service Protection Improvement
Measures discussed in the EIR include Early Suppression Fast Response sprinkler systems.

PS PSR-1: Project buildings shall include an Early Suppression, Fast Response (ESFR) fire sprinkler system.

PSR-2: City departments, including Fire, Community Development, and Finance, together with industrial project proponents, shall develop and implement a plan for financing, construction and staffing of a new fire station in the vicinity of the project site.

Development and implementation of the plan will involve a multiyear process helping the Department meet increasing service demands and to reduce response times. The project applicant shall contribute to the costs of constructing and staffing the new fire station in accordance with the adopted plan.

LS
Impact PSR-2: Police Protection Services. New or expanded facilities may be required in the future, but project would not trigger this requirement. Public Facility Fees will be paid, and future facilities would be subject to CEQA review.

LS None required. -
Impact PSR-3: Schools. The project involves industrial
development, which does not directly generate new student load. New industrial development would be responsible for LS None required. -
Attachment G 1230
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-30 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only. the payment of school impact fees.

Impact PSR-4: Parks and Recreational Services. The project would not involve any direct effects on parks or recreational facilities, nor would it generate a demand for new or
expanded recreational facilities or services.

LS None required. -
Impact PSR-5: Other Public Facilities. The project would not generate additional demand for library, hospital, and
courthouse services, and therefore would not require new or expanded facilities.

LS None required. -

16.0 TRANSPORTATION
Impact TRANS-1: Motor Vehicle Transportation PlansIntersections. Under Existing Plus Approved Projects Plus Project conditions, only four intersections affected by the project would not operate at LOS above minimally acceptable City of Stockton standards. Recommended Intersection
Improvement Measures would improve LOS at two
intersections, while other two intersections would not require improvements. LOS is not a measure of CEQA impacts.

Not applicable
under LOS
analysis
TRANS-1: The project applicant should contribute fair-share costs to an improvement on the Mariposa Road and 8th Street/Farmington Road intersection that would split the northeast-bound combined through/right-turn lane into an exclusive northeast-bound through lane and a “free” northeast-bound-to-southeast-bound right-turn lane. Existing pavement width is considered adequate to accommodate this improvement.

TRANS-2: The project applicant should contribute fair-share costs to an improvement on the Mariposa Road and Carpenter Road intersection that would widen the northeast-bound Carpenter Road approach to include an exclusive northeast-bound-to northwestbound left-turn lane, and a combined through/right-turn lane. (See also Mitigation Measure AIR-1 in Chapter 6.0, Air Quality.) -
Impact TRANS-2: Motor Vehicle Transportation PlansRoadway Segments. Under Existing Plus Approved Projects Plus Project conditions, only two roadway segments affected by the project would not operate at LOS above minimally acceptable City of Stockton standards. Recommended
Roadway Segment Improvement Measure would improve
LOS at one segment, while other segment would not require improvements. LOS is not a measure of CEQA impacts.

Not applicable
under LOS
analysis
TRANS-3: The project applicant should contribute fair-share costs to an improvement on the segment of Mariposa Road from SR 99 to 8th Street/Farmington Road that would widen the portions of this roadway segment that are currently one lane in each direction to two lanes in each direction.
-
Impact TRANS-3: Motor Vehicle Transportation Plans-Ramp Junctions. Under Existing Plus Approved Projects Plus
Not applicable
under LOS
None. -
Attachment G 1231
TABLE 2-1
SUMMARY OF IMPACTS AND MITIGATION MEASURES
Significance Before Significance After
Potential Impact Mitigation Mitigation Measures Mitigation Mariposa Industrial Park Final EIR 2-31 November 2022
Notes: S = Significant, PS = Potentially Significant, LS = Less than Significant, NI = No Impact, SU = Significant and Unavoidable (SU impacts addressed in the Stockton General Plan EIR)
* Not mitigation measures, as they address issues not considered environmental impacts per CEQA Guidelines. Presented for informational purposes only.

Project conditions, three ramp junctions affected by the project would not operate at LOS above minimally acceptable City of Stockton standards. However, these facilities would operate within standards of the City’s Transportation Impact Guidelines. LOS is not a measure of CEQA impacts.
analysis
Impact TRANS-4: Motor Vehicle Transportation Plans-Truck Routes. Project proposes STAA truck routes; however, this would not conflict significantly with motor vehicle
transportation plans applicable to trucks.