The amounts represent fee reductions for the Community Recreation Centers PFF Fund under the Stockton Economic Stimulus Program (SESP), reflecting funds that would have otherwise been collected absent the program's implementation.
ATTACHMENT A 661
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 17,820.00 $ -
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 49,385.00 $ -
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units certain fees (such as the Community Recreation Centers Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee exemptions for the Community Recreation Centers PFF Fund under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program and City-Wide Affordable Housing Development Public Facilities Fee Exemption Program, reflecting funds that would have otherwise been collected absent the program's implementation.
For additional information or questions regarding these Exemption Programs, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Exemption Programs
Community Recreation Centers Impact Fee
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories (such as the Community Recreation Centers Impact Fee) for new residential developments located within the “Greater Downtown Stockton” area. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 662
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft $ 39.50 $ 39.50 Retail / Medium Density Non-Residential Per 1,000 sq ft $ 20.25 $ 20.25 Warehouse / Low Density Non-Residential Per 1,000 sq ft $ 23.25 $ 23.25 Single Family Units Residential - Existing City Limits Per Unit $ 481.00 $ 481.00 Multiple Family Units Residential - Existing City Limits Per Unit $ 405.00 $ 405.00 Guest Room Residential - Existing City Limits Per Room Exempted Exempted Single Family Units Residential - Greater Downtown Per Unit Exempted Exempted Multiple Family Units Residential - Greater Downtown Per Unit Exempted Exempted Guest Room Residential - Greater Downtown Per Unit Exempted Exempted Single Family Units Residential - Outside City Limits Per Unit $ 481.00 $ 481.00 Multiple Family Units Residential - Outside City Limits Per Unit $ 405.00 $ 405.00 Guest Room Residential - Outside City Limits Per Room Exempted Exempted City of Stockton - Public Facilities Fee (PFF) Report
Community Recreation Centers Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Community Recreation Centers Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 663
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 420,788 $ 489,381
Revenues:
Impact fees $ 73,909 $ 48,466
Interest (including FMV) (3,651) 18,774
Total Revenues $ 70,258 $ 67,240
Expenditures:
Operating $ 1,665 $ 804
Total Expenditures $ 1,665 $ 804
Other Financing Sources (Uses) - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ 68,593 $ 66,436 Ending Fund Balance $ 489,381 $ 555,817
Assets:
Cash and cash equivalent $ 515,260 $ 571,457
Fair Market Value (FMV) (24,883) (18,195)
Interest receivable 1,943 2,668
Accounts receivable 7,891 -
Deferred fees receivable 4,366 4,366
Allowance for uncollectible - Account receivable (5,873) - Total Assets $ 498,704 $ 560,296
Liabilities:
Accounts payable $ 366 $ 113
Deferred fees revenue 8,957 4,366
Total Liabilities $ 9,323 $ 4,479
Total fund balance $ 489,381 $ 555,817
CIP appropriations/reserved for encumbrances 300,000 300,000 Ending Available Fund Balance (Deficit) $ 189,381 $ 255,817 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 City Office Spaces Impact Fee Fund 310-314
Income Statement
Balance Sheet
ATTACHMENT A 664
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 City Office Spaces Impact Fee Fund 310-314
City Office Space Impact Fee Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out):
Deferral Program:
Other Long-Term Liabilities:
Provides for additional administrative office spaces in order to maintain and provide administrative and general services as the city grows.
In FY 2023-24, the City Office Spaces Fee received total revenues of $67,240, compared to prior fiscal year of $70,258 and incurred $804 in operating expenses. The ending fund balance on June 30, 2024 is $555,817.
The City Office Spaces Fee has no other financing sources or uses in FY 2023-24.
In 2017, the City Council approved (Council Reso #2017-01-24-1210) a fee deferral program for commercial and industrial development, in which developers can elect to defer a portion of a permit fees, except for the Pass-Through Fees, and pay it at a later date by a written agreement. As of June 30, 2024, the fund has a total deferred fees of $4,366 since the program inception.
The City Office Spaces Fee has no long-term liabilities in FY 2023-24.
ATTACHMENT A 665
Category Amount Reduced
Since Program Inception
Amount Reduced
FY 2023-24
Single-Family Residential Housing $ 1,506,542.00 $ 235,368.00 Multi-Family Residential Housing $ 214,268.00 $ -
Non-Residential (Commercial) $ 28,841.84 $ 637.02
Non-Residential (Industrial or Warehouse) $ 419,017.20 $ 41,952.88 For additional information or questions regarding the Stockton Economic Stimulus Program (SESP), contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Stockton Economic Stimulus Program (SESP)
City Office Space Impact Fee
Stockton Economic Stimulus Program (SESP)
The Stockton Economic Stimulus Program (SESP), adopted in 2015 and implemented in 2016 (Resolution #2015-11-17-1602), replaced the City’s 2010 Economic Recovery Incentive Program (Resolution #10-0308), which expired on December 31, 2015. SESP provides fee reductions (i.e., waivers) for eligible new residential and non-residential developments.
New residential developments located within the existing city limits, as described in the 2008 General Plan Settlement Agreement, are eligible to participate in the program and receive a fee waiver up to a total of $19,997 or 100% of certain Public Facility Fees (PFF) (such as the City Office Space Impact Fee), whichever is less. New non-residential developments, such as commercial and industrial projects city-wide, are eligible to participate in the program and receive a 50% reduction on certain fee categories (such as the City Office Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee reductions for the City Office Space PFF Fund under the Stockton Economic Stimulus Program (SESP), reflecting funds that would have otherwise been collected absent the program's implementation.
ATTACHMENT A 666
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 17,204.00 $ -
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 47,691.00 $ -
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units certain fees (such as the City Office Space Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee exemptions for the City Office Space PFF Fund under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program and City-Wide Affordable Housing Development Public Facilities Fee Exemption Program, reflecting funds that would have otherwise been collected absent the program's implementation.
For additional information or questions regarding these Exemption Programs, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Exemption Programs
City Office Space Impact Fee
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories (such as the City Office Space Impact Fee) for new residential developments located within the “Greater Downtown Stockton” area. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 667
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft $ 43.75 $ 43.75 Retail / Medium Density Non-Residential Per 1,000 sq ft $ 22.50 $ 22.50 Warehouse / Low Density Non-Residential Per 1,000 sq ft $ 25.50 $ 25.50 Single Family Units Residential - Existing City Limits Per Unit $ 467.00 $ 467.00 Multiple Family Units Residential - Existing City Limits Per Unit $ 391.00 $ 391.00 Guest Room Residential - Existing City Limits Per Room $ 49.00 $ 49.00 Single Family Units Residential - Greater Downtown Per Unit Exempted Exempted Multiple Family Units Residential - Greater Downtown Per Unit Exempted Exempted Guest Room Residential - Greater Downtown Per Unit $ 49.00 $ 49.00 Single Family Units Residential - Outside City Limits Per Unit $ 467.00 $ 467.00 Multiple Family Units Residential - Outside City Limits Per Unit $ 391.00 $ 391.00 Guest Room Residential - Outside City Limits Per Room $ 49.00 $ 49.00 City of Stockton - Public Facilities Fee (PFF) Report
City Office Space Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to City Office Space Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 668
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 252,971 $ 149,455
Revenues:
Impact fees $ 142,422 $ 102,790
Interest (including FMV) 3,018 4,245
Total Revenues $ 145,440 $ 107,035
Expenditures:
Operating $ 1,598 $ 3,264
Other miscellaneous 29,800 27,896
Total Expenditures $ 31,398 $ 31,160
Other Financing Sources (Uses):
Transfers in $ 29,800 $ 27,896
Transfers out (247,358) (151,486)
Total Other Financing Sources (Uses) $ (217,558) $ (123,590) Excess (Deficiency) of Revenues Over Expenditures $ (103,516) $ (47,715) Ending Fund Balance $ 149,455 $ 101,740
Assets:
Cash and cash equivalent $ 156,547 $ 108,899
Fair Market Value (FMV) (7,312) (8,256)
Interest receivable 586 1,210
Accounts receivable 730 -
Deferred fees receivable 3,965 3,965
Total Assets $ 154,516 $ 105,818
Liabilities:
Accounts payable $ 366 $ 113
Due to other funds 1,312,232 1,188,642
PFF interfund loan allowance (1,312,232) (1,188,642)
Deferred fees revenue 4,695 3,965
Total Liabilities $ 5,061 $ 4,078
Total fund balance $ 149,455 $ 101,740
Net outstanding interfund loans balance 1,312,232 1,188,642 Ending Available Fund Balance (Deficit) $ (1,162,776) $ (1,086,902) City of Stockton-Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Fire Stations Impact Fee Fund 310-315
Income Statement
Balance Sheet
ATTACHMENT A 669
City of Stockton-Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Fire Stations Impact Fee Fund 310-315
Fire Stations Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out):
Deferral Program:
Other Long-Term Liabilities:
As of June 30, 2024, Fire Stations Impact Fee fund has a total outstanding interfund loan balance of $1,188,642 owed to Libraries Impact Fee fund and was recorded as “Allowance for Interfund Loans.” As specified by Council Reso. #2018-08-21- 1107, the fund is required to make annual payments by using excess revenues from fees collected until the balance is paid in full.
Provides for new and/or relocation of fire stations as required by growth of new developments.
In FY 2023-24, Fire Stations Impact Fee fund received a total revenue of $107,035, compared to prior fiscal year of $145,440 and incurred $31,160 of interest and operating expenses. The ending fund balance at June 30, 2024 is $101,740.
In FY 2023-24, the fund has received a transfer in of $27,896 for the accrued interest on PFF interfund loan to be recorded as “Allowance for Uncollectable.” The fund also has a transfer out of $151,486 to PFF Libraries Fund for the interfund loan repayment as required by Council Reso. #2018-08-21-1107.
In 2017, the City Council approved (Council Reso #2017-01-24-1210) a fee deferral program for commercial and industrial development, in which developers can elect to defer a portion of a permit fees, except for the Pass-Through Fees, and pay it at a later date by a written agreement. As of June 30, 2024, the fund has a total deferred PFF fees of $3,965 since the program inception.
ATTACHMENT A 670
Category Amount Reduced
Since Program Inception
Amount Reduced
FY 2023-24
Single-Family Residential Housing $ 2,519,506.00 $ 393,624.00 Multi-Family Residential Housing $ 360,584.00 $ -
Non-Residential (Commercial) $ 56,539.31 $ 1,726.75
Non-Residential (Industrial or Warehouse) $ 889,176.47 $ 88,841.34 For additional information or questions regarding the Stockton Economic Stimulus Program (SESP), contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Stockton Economic Stimulus Program (SESP)
Fire Station Impact Fee
Stockton Economic Stimulus Program (SESP)
The Stockton Economic Stimulus Program (SESP), adopted in 2015 and implemented in 2016 (Resolution #2015-11-17-1602), replaced the City’s 2010 Economic Recovery Incentive Program (Resolution #10-0308), which expired on December 31, 2015. SESP provides fee reductions (i.e., waivers) for eligible new residential and non-residential developments.
New residential developments located within the existing city limits, as described in the 2008 General Plan Settlement Agreement, are eligible to participate in the program and receive a fee waiver up to a total of $19,997 or 100% of certain Public Facility Fees (PFF) (such as the Fire Station Impact Fee), whichever is less. New non-residential developments, such as commercial and industrial projects city-wide, are eligible to participate in the program and receive a 50% reduction on certain fee categories (such as the Fire Station Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee reductions for the Fire Station PFF Fund under the Stockton Economic Stimulus Program (SESP), reflecting funds that would have otherwise been collected absent the program's implementation.
ATTACHMENT A 671
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 32,900.00 $ -
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 80,233.00 $ -
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units certain fees (such as the Fire Station Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee exemptions for the Fire Station PFF Fund under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program and City-Wide Affordable Housing Development Public Facilities Fee Exemption Program, reflecting funds that would have otherwise been collected absent the program's implementation.
For additional information or questions regarding these Exemption Programs, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Exemption Programs
Fire Station Impact Fee
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories (such as the Fire Station Impact Fee) for new residential developments located within the “Greater Downtown Stockton” area. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 672
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft $ 118.50 $ 118.50 Retail / Medium Density Non-Residential Per 1,000 sq ft $ 61.00 $ 61.00 Warehouse / Low Density Non-Residential Per 1,000 sq ft $ 54.00 $ 54.00 Single Family Units Residential - Existing City Limits Per Unit $ 781.00 $ 781.00 Multiple Family Units Residential - Existing City Limits Per Unit $ 658.00 $ 658.00 Guest Room Residential - Existing City Limits Per Room $ 44.50 $ 44.50 Single Family Units Residential - Greater Downtown Per Unit Exempted Exempted Multiple Family Units Residential - Greater Downtown Per Unit Exempted Exempted Guest Room Residential - Greater Downtown Per Unit $ 44.50 $ 44.50 Single Family Units Residential - Outside City Limits Per Unit $ 781.00 $ 781.00 Multiple Family Units Residential - Outside City Limits Per Unit $ 658.00 $ 658.00 Guest Room Residential - Outside City Limits Per Room $ 44.50 $ 44.50 City of Stockton-Public Facilities Fee (PFF) Report
Fire Stations Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Fire Stations Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 673
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 5,178,553 $ 4,357,475
Revenues:
Impact fees $ 151,857 $ 106,315
Interest (including FMV) 99,522 258,487
Total Revenues $ 251,379 $ 364,802
Expenditures:
Operating $ 3,049 $ 4,788
Total Expenditures $ 3,049 $ 4,788
Other Financing Sources (Uses):
Transfers in $ 247,358 $ 151,486
Transfers out (1,316,766) (257,520)
Total Other Financing Sources (Uses) $ (1,069,408) $ (106,034) Excess (Deficiency) of Revenues Over Expenditures $ (821,079) $ 253,980 Ending Fund Balance $ 4,357,475 $ 4,611,455
Assets:
Cash and cash equivalent $ 4,621,552 $ 4,742,665
Fair Market Value (FMV) (285,830) (153,625)
Interest receivable 22,119 22,528
Accounts receivable 755 -
Deferred fees receivable 7,618 7,618
Due from other funds 1,312,232 1,188,642
PFF interfund loan allowance (1,312,232) (1,188,642)
Total Assets $ 4,366,214 $ 4,619,186
Liabilities:
Accounts payable $ 366 $ 113
Deferred fees revenue 8,373 7,618
Total Liabilities $ 8,739 $ 7,731
Total fund balance $ 4,357,475 $ 4,611,455
CIP appropriations/reserved for encumbrances 3,071,153 2,841,529 Ending Available Fund Balance (Deficit) $ 1,286,322 $ 1,769,926 City of Stockton-Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Libraries Impact Fee Fund 310-316
Income Statement
Balance Sheet
ATTACHMENT A 674
City of Stockton-Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Libraries Impact Fee Fund 310-316
Libraries Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Deferral Program:
Other Long-Term Liabilities:
Provides for libraries improvements and for the construction of new libraries as required by growth of new developments.
In FY 2023-24, the Libraries Impact Fee fund received a total revenue of $364,802, compared to prior fiscal year of $251,379 and incurred $4,788 in operating expenses and transferred out of $257,520. As of June 30, 2024, the total ending fund balance is $4,611,455. The available fund balance for projects is $1,769,926.
In FY 2023-24, the fund received a transfer in of $151,486 from PFF Fire Stations for the interfund loan payment required by Council Reso. #2018-08-21-1107. The fund also transferred out of $257,520 ($27,896 to Fire Stations for the “Allowances for Uncollectible” on PFF interfund loans interest accrued and $229,624 to CIP fund for the construction costs of the NE Branch McNair Library).
In 2017, the City Council approved (Council Reso. #2017-01-24-1210) a fee deferral program for commercial and industrial development, in which developers can elect to defer a portion of a permit fees, except for the Pass-Through Fees, and pay it at As of June 30, 2024, the fund has an interfund loan receivable from Fire Stations in the amount of $1,188,642.
ATTACHMENT A 675
Category Amount Reduced
Since Program Inception
Amount Reduced
FY 2023-24
Single-Family Residential Housing $ 2,909,852.00 $ 454,608.00 Multi-Family Residential Housing $ 417,028.00 $ -
Non-Residential (Commercial) $ 48,180.22 $ 1,373.59
Non-Residential (Industrial or Warehouse) $ 922,108.94 $ 92,131.76 For additional information or questions regarding the Stockton Economic Stimulus Program (SESP), contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Stockton Economic Stimulus Program (SESP)
Libraries Impact Fee
Stockton Economic Stimulus Program (SESP)
The Stockton Economic Stimulus Program (SESP), adopted in 2015 and implemented in 2016 (Resolution #2015-11-17-1602), replaced the City’s 2010 Economic Recovery Incentive Program (Resolution #10-0308), which expired on December 31, 2015. SESP provides fee reductions (i.e., waivers) for eligible new residential and non-residential developments.
New residential developments located within the existing city limits, as described in the 2008 General Plan Settlement Agreement, are eligible to participate in the program and receive a fee waiver up to a total of $19,997 or 100% of certain Public Facility Fees (PFF) (such as the Libraries Impact Fee), whichever is less. New non-residential developments, such as commercial and industrial projects city-wide, are eligible to participate in the program and receive a 50% reduction on certain fee categories (such as the Libraries Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee reductions for the Libraries PFF Fund under the Stockton Economic Stimulus Program (SESP), reflecting funds that would have otherwise been collected absent the program's implementation.
ATTACHMENT A 676
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 33,484.00 $ -
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 92,786.00 $ -
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units certain fees (such as the Libraries Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee exemptions for the Libraries PFF Fund under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program and City-Wide Affordable Housing Development Public Facilities Fee Exemption Program, reflecting funds that would have otherwise been collected absent the program's implementation.
For additional information or questions regarding these Exemption Programs, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Exemption Programs
Libraries Impact Fee
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories (such as the Libraries Impact Fee) for new residential developments located within the “Greater Downtown Stockton” area. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 677
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER UNIT
EFFECTIVE
7/1/2022
FEE PER UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft $ 94.50 $ 94.50 Retail / Medium Density Non-Residential Per 1,000 sq ft $ 48.50 $ 48.50 Warehouse / Low Density Non-Residential Per 1,000 sq ft $ 56.00 $ 56.00 Single Family Units Residential - Existing City Limits Per Unit $ 902.00 $ 902.00 Multiple Family Units Residential - Existing City Limits Per Unit $ 761.00 $ 761.00 Guest Room Residential - Existing City Limits Per Room $ 85.50 $ 85.50 Single Family Units Residential - Greater Downtown Per Unit Exempted Exempted Multiple Family Units Residential - Greater Downtown Per Unit Exempted Exempted Guest Room Residential - Greater Downtown Per Unit $ 85.50 $ 85.50 Single Family Units Residential - Outside City Limits Per Unit $ 902.00 $ 902.00 Multiple Family Units Residential - Outside City Limits Per Unit $ 761.00 $ 761.00 Guest Room Residential - Outside City Limits Per Room $ 85.50 $ 85.50 City of Stockton - Public Facilities Fee (PFF) Report
Libraries Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Libraries Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 678
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 287,496 $ 141,359
Revenues:
Impact fees $ 125,648 $ 117,349
Interest (including FMV) 4,521 4,132
Total Revenues $ 130,169 $ 121,481
Expenditures:
Operating $ 1,606 $ (2,197)
Other miscellaneous 13,706 11,980
Total Expenditures $ 15,312 $ 9,783
Other Financing Sources (Uses):
Transfers in $ 13,706 $ 11,980
Transfers out (274,700) (135,182)
Total Other Financing Sources (Uses) $ (260,994) $ (123,202) Excess (Deficiency) of Revenues Over Expenditures $ (146,137) $ (11,504) Ending Fund Balance $ 141,359 $ 129,855
Assets:
Cash and cash equivalent $ 153,992 $ 137,341
Fair Market Value (FMV) (7,378) (8,640)
Interest receivable 574 1,267
Accounts receivable 16,047 -
Deferred fees receivable 8,865 8,865
Allowance for uncollectible - Account receivable (11,931) - Total Assets $ 160,169 $ 138,833
Liabilities:
Accounts payable $ 366 $ 113
Due to other funds 320,054 196,852
PFF interfund loan allowance (320,054) (196,852)
Deferred fees revenue 18,444 8,865
Total Liabilities $ 18,810 $ 8,978
Total Fund Balance $ 141,359 $ 129,855
Net outstanding interfund loans balance 320,054 196,852 Ending Available Fund Balance (Deficit) $ (178,696) $ (66,997) City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Police Stations Impact Fee Fund 310-317
Income Statement
Balance Sheet
ATTACHMENT A 679
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Police Stations Impact Fee Fund 310-317
Police Stations Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Deferral Program:
Other Long-Term Liabilities:
Provides for the expansion of police stations as required by growth and new development.
In FY 2023-24, the fund collected total revenues of $121,481 compared to the prior fiscal year of $130,169 and incurred $9,783 in operating expense. The ending fund balance on June 30, 2024 is $129,855.
In FY 2023-24, the fund has a transfer in of $11,980 for the accrued interest on PFF interfund loans to be recorded as “Allowance for Uncollectable” interfund loan and a transfer out of $135,182 to Street Improvement Fund for the interfund loans payment required by Council Reso. #2018-08-21-1107.
In 2017, the City Council approved (Council Reso #2017-01-24-1210) a fee deferral program for commercial and industrial development, in which developers can elect to defer a portion of a building permit fees, except for the Pass-Through Fees, and pay it at a later date by a written agreement. As of FY 2023-24, the fund has a total deferred PFF fees of $8,865 since the program inception.
As of FY 2023-24, the fund has total outstanding interfund loan balance of $196,852 owed to Street Improvement Fund and was recorded as “Allowance for Interfund Loans.” As required by Council Reso. # 2018-08-21-1107, the fund is required to make annual payments by using excess revenues from fees collected until the balance is paid in full.
ATTACHMENT A 680
Category Amount Reduced
Since Program Inception
Amount Reduced
FY 2023-24
Single-Family Residential Housing $ 1,906,566.00 $ 297,864.00 Multi-Family Residential Housing $ 272,356.00 $ -
Non-Residential (Commercial) $ 67,622.76 $ 1,530.03
Non-Residential (Industrial or Warehouse) $ 1,020,906.31 $ 102,003.02 For additional information or questions regarding the Stockton Economic Stimulus Program (SESP), contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Stockton Economic Stimulus Program (SESP)
Police Station Impact Fee
Stockton Economic Stimulus Program (SESP)
The Stockton Economic Stimulus Program (SESP), adopted in 2015 and implemented in 2016 (Resolution #2015-11-17-1602), replaced the City’s 2010 Economic Recovery Incentive Program (Resolution #10-0308), which expired on December 31, 2015. SESP provides fee reductions (i.e., waivers) for eligible new residential and non-residential developments.
New residential developments located within the existing city limits, as described in the 2008 General Plan Settlement Agreement, are eligible to participate in the program and receive a fee waiver up to a total of $19,997 or 100% of certain Public Facility Fees (PFF) (such as the Police Station Impact Fee), whichever is less. New non-residential developments, such as commercial and industrial projects city-wide, are eligible to participate in the program and receive a 50% reduction on certain fee categories (such as the Police Station Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee reductions for the Police Station PFF Fund under the Stockton Economic Stimulus Program (SESP), reflecting funds that would have otherwise been collected absent the program's implementation.
ATTACHMENT A 681
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 24,850.00 $ -
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 60,607.00 $ -
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units certain fees (such as the Police Station Impact Fee). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee exemptions for the Police Station PFF Fund under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program and City-Wide Affordable Housing Development Public Facilities Fee Exemption Program, reflecting funds that would have otherwise been collected absent the program's implementation.
For additional information or questions regarding these Exemption Programs, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Exemption Programs
Police Station Impact Fee
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories (such as the Police Station Impact Fee) for new residential developments located within the “Greater Downtown Stockton” area. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 682
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft $ 105.50 $ 105.50 Retail / Medium Density Non-Residential Per 1,000 sq ft $ 54.00 $ 54.00 Warehouse / Low Density Non-Residential Per 1,000 sq ft $ 62.00 $ 62.00 Single Family Units Residential - Existing City Limits Per Unit $ 591.00 $ 591.00 Multiple Family Units Residential - Existing City Limits Per Unit $ 497.00 $ 497.00 Guest Room Residential - Existing City Limits Per Room $ 99.50 $ 99.50 Single Family Units Residential - Greater Downtown Per Unit Exempted Exempted Multiple Family Units Residential - Greater Downtown Per Unit Exempted Exempted Guest Room Residential - Greater Downtown Per Room $ 99.50 $ 99.50 Single Family Units Residential - Outside City Limits Per Unit $ 591.00 $ 591.00 Multiple Family Units Residential - Outside City Limits Per Unit $ 497.00 $ 497.00 Guest Room Residential - Outside City Limits Per Room $ 99.50 $ 99.50 City of Stockton - Public Facilities Fee (PFF) Report
Police Stations Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Police Stations Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 683
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 7,232,722 $ 7,285,591
Revenues:
Permit fees $ 114,957 $ 1,186
Interest (including FMV) (17,833) 293,041
Total Revenues $ 97,124 $ 294,227
Expenditures:
Operating $ 33,519 $ 68,034
Capital improvement (CIP) 10,736 196,249
Total Expenditures $ 44,255 $ 264,283
Other Financing Sources (Uses) - -
Transfers in - -
Transfers out - (9,138)
Total Other Financing Sources (Uses) - (9,138)
Excess (Deficiency) of Revenues Over Expenditures $ 52,869 $ 20,806 Ending Fund Balance $ 7,285,591 $ 7,306,397
Assets:
Cash and cash equivalent $ 7,636,390 $ 7,537,576
Fair Market Value (FMV) (370,485) (242,216)
Interest receivable 28,792 35,519
Total Assets $ 7,294,697 $ 7,330,879
Liabilities:
Accounts payable $ 9,106 $ 2,317
Year end accruals - 19,286
Accrued payroll - 2,879
Total Liabilities $ 9,106 $ 24,482
Total Fund Balance $ 7,285,591 $ 7,306,397
CIP appropriations/reserved for encumbrances 5,837,267 534,862 Ending Available Fund Balance (Deficit) $ 1,448,324 $ 6,771,535 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Parkland Impact Fee Fund 310-318
Income Statement
Balance Sheet
ATTACHMENT A 684
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Parkland Impact Fee Fund 310-318
Parkland Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out):
Deferral Program:
Other Long-Term Liabilities:
Provides for the acquisition of land and development of regional and neighborhood parks.
In FY 2023-24, the fund collected total revenues of $294,227 compared to the prior fiscal year of $97,124 and incurred $264,283 in operating expenditures. The ending fund balance at June 30, 2024 is $7,306,397. The available fund balance for projects is $6,771,535.
There was a transfer out to capital improvement projects fund in amount of $9,138 in FY 2024.
None.
None.
ATTACHMENT A 685
Category Amount Reduced
Since Program Inception
Amount Reduced
FY 2023-24
Single-Family Residential Housing $ 9,026,348.00 $ 1,410,192.00 Multi-Family Residential Housing $ 938,176.00 $ -
Non-Residential (Commercial) Not Applicable Not Applicable Non-Residential (Industrial or Warehouse) Not Applicable Not Applicable For additional information or questions regarding the Stockton Economic Stimulus Program (SESP), contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Stockton Economic Stimulus Program (SESP)
Parkland Impact Fee
Stockton Economic Stimulus Program (SESP)
The Stockton Economic Stimulus Program (SESP), adopted in 2015 and implemented in 2016 (Resolution #2015-11-17-1602), replaced the City’s 2010 Economic Recovery Incentive Program (Resolution #10-0308), which expired on December 31, 2015. SESP provides fee reductions (i.e., waivers) for eligible new residential and non-residential developments.
New residential developments located within the existing city limits, as described in the 2008 General Plan Settlement Agreement, are eligible to participate in the program and receive a fee waiver up to a total of $19,997 or 100% of certain Public Facility Fees (PFF) (such as the Parkland Impact Fee), whichever is less. New non-residential developments, such as commercial and industrial projects city-wide, are eligible to participate in the program and receive a 50% reduction on certain fee categories (the Parkland Imact Fee is not collected on new nonresidential developments). This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee reductions for the Parkland PFF Fund under the Stockton Economic Stimulus Program (SESP), reflecting funds that would have otherwise been collected absent the program's implementation.
ATTACHMENT A 686
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 85,600.00 $ -
Amount Exempted
Since Program
Inception
Amount
Exempted
FY 2023-24
$ 212,582.00 $ -
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units certain fees (such as the Parkland Impact Fee).
This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
The amounts represent fee exemptions for the Parkland PFF Fund under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program and City-Wide Affordable Housing Development Public Facilities Fee Exemption Program, reflecting funds that would have otherwise been collected absent the program's implementation.
For additional information or questions regarding these Exemption Programs, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Exemption Programs
Parkland Impact Fee
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories (such as the Parkland Impact Fee) for new residential developments located within the “Greater Downtown Stockton” area. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 687
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft Exempted Exempted Retail / Medium Density Non-Residential Per 1,000 sq ft Exempted Exempted Warehouse / Low Density Non-Residential Per 1,000 sq ft Exempted Exempted Single Family Units Residential - Existing City Limits Per Unit $ 2,798.00 $ 2,798.00 Multiple Family Units Residential - Existing City Limits Per Unit $ 1,712.00 $ 1,712.00 Guest Room Residential - Existing City Limits Per Unit Exempted Exempted Single Family Units Residential - Greater Downtown Per Unit Exempted Exempted Multiple Family Units Residential - Greater Downtown Per Unit Exempted Exempted Guest Room Residential - Greater Downtown Per Unit Exempted Exempted City of Stockton - Public Facilities Fee (PFF) Report
Parkland Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Parkland Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 688
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 381,639 $ 380,744
Revenues:
Interest (including FMV) $ (789) $ 15,106
Total Revenues $ (789) $ 15,106
Expenditures:
Operating $ 106 $ 136
Total Expenditures $ 106 $ 136
Other Financing Sources (Uses): - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ (895) $ 14,970 Ending Fund Balance $ 380,744 $ 395,714
Assets:
Cash and cash equivalent $ 398,580 $ 406,779
Fair Market Value (FMV) (19,339) (12,967)
Interest receivable 1,503 1,902
Total Assets $ 380,744 $ 395,714
Liabilities - -
Total Liabilities - -
Total Fund Balance $ 380,744 $ 395,714
CIP appropriations/reserved for encumbrances 340,401 -
Ending Available Fund Balance (Deficit) $ 40,343 $ 395,714 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Street Trees Impact Fee Fund 310-319
Income Statement
Balance Sheet
ATTACHMENT A 689
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Street Trees Impact Fee Fund 310-319
Street Trees Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out):
Deferral Program:
Other Long-Term Liabilities:
In FY 2023-24, the fund did not receive any fee revenues. The fund did earn interest income in amount of $15,106 and incurred investment interest expense of $136. The ending fund balance at June 30, 2024 is $395,714.
None.
None.
None.
Provides for necessary street trees management and new trees planting as new development is established.
ATTACHMENT A 690
PERMIT TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Tree without root barrier N/A Per Tree $ 140.00 $ 140.00 Tree with root barrier N/A Per Tree $ 195.00 $ 195.00
City of Stockton - Public Facilities Fee (PFF) Report
Street Trees Impact Fees Schedule
Fiscal Year 2023-24
Note: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Street Trees Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 691
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 205,832 $ 205,349
Revenues:
Permit fees $ - $ 8,015
Interest (including FMV) (426) 8,039
Total Revenues $ (426) $ 16,054
Expenditures:
Operating $ 57 $ 75
Total Expenditures $ 57 $ 75
Other Financing Sources (Uses) - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ (483) $ 15,979 Ending Fund Balance $ 205,349 $ 221,328
Assets:
Cash and cash equivalent $ 214,968 $ 227,519
Fair Market Value (FMV) (10,430) (7,254)
Interest receivable 811 1,063
Total Assets $ 205,349 $ 221,328
Liabilities - -
Total Liabilities - -
Total Fund Balance $ 205,349 $ 221,328
CIP appropriations/reserved for encumbrances 138,786 -
Ending Available Fund Balance (Deficit) $ 66,563 $ 221,328 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Street Signs Impact Fee Fund 310-320
Income Statement
Balance Sheet
ATTACHMENT A 692
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Street Signs Impact Fee Fund 310-320
Street Signs Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out):
Deferral Program:
Other Long-Term Liabilities:
None.
None.
None.
Provides for necessary street signs as new development is established.
In FY 2023-24, the fund collected total revenues of $16,054 compared to the prior fiscal year of $(426) and incurred investment interest expense in the amount of $75. The ending fund balance at June 30, 2024 is $221,328.
ATTACHMENT A 693
SIGN TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Street Name Sign N/A Per Sign $ 286.25 $ 286.25
Regulatory Sign N/A Per Sign $ 434.50 $ 434.50
Speed Limit Sign N/A Per Sign $ 205.75 $ 205.75
City of Stockton - Public Facilities Fee (PFF) Report
Street Signs Impact Fees Schedule
Fiscal Year 2023-24
Note: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Street Signs Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 694
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 446,626 $ 445,578
Revenues:
Interest (including FMV) $ (924) $ 17,678
Total Revenues $ (924) $ 17,678
Expenditures:
Operating $ 124 $ 159
Total Expenditures $ 124 $ 159
Other Financing Sources (Uses) - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ (1,048) $ 17,519 Ending Fund Balance $ 445,578 $ 463,097
Assets:
Cash and cash equivalent $ 466,452 $ 476,047
Fair Market Value (FMV) (22,632) (15,175)
Interest receivable 1,758 2,225
Total Assets $ 445,578 $ 463,097
Liabilities - -
Total Liabilities - -
Total Fund Balance $ 445,578 $ 463,097
CIP appropriations/reserved for encumbrances 361,769 -
Ending Available Fund Balance (Deficit) $ 83,809 $ 463,097 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Street Lights In Lieu Impact Fee Fund 310-321 (All Areas) Income Statement
Balance Sheet
ATTACHMENT A 695
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Street Lights In Lieu Impact Fee Fund 310-321 (All Areas) Street Lights In Lieu Impact Fee Fund Annual Report Notes Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Deferral Program:
Other Long-Term Liabilities:
In FY 2023-24, the fund did not receive any fee revenues. The fund did earn interest income in the amount of $17,678 and incurred investment interest expense of $159. The ending fund balance at June 30, 2024 is $463,907.
None.
None.
None.
Provides for proportionate cost of street light installations for new subdivisions of four or less parcels and single lot development.
ATTACHMENT A 696
TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Street Light In Lieu N/A Per Linear Foot $ 34.50 $ 34.50 City of Stockton - Public Facilities Fee (PFF) Report
Street Lights In Lieu Impact Fees Schedule
Fiscal Year 2023-24
Note: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Street Lights In Lieu Impact Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 697
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 7,099,360 $ 6,996,130
Revenues:
Permit fees $ 817,438 $ 875,293
Interest (including FMV) (45,609) 304,138
Total Revenues $ 771,829 $ 1,179,431
Expenditures:
Operating $ 11,164 $ 19,163
Capital improvement (CIP) 6,868 -
Total Expenditures $ 18,031 $ 19,163
Other Financing Sources (Uses):
Transfers out $ (857,028) $ -
Total Other Financing Sources (Uses) $ (857,028) $ -
Excess (Deficiency) of Revenues Over Expenditures $ (103,230) $ 1,160,268 Ending Fund Balance $ 6,996,130 $ 8,156,398
Assets:
Cash and cash equivalent $ 7,363,747 $ 8,384,077
Fair Market Value (FMV) (397,810) (266,804)
Interest receivable 30,876 39,125
Total Assets $ 6,996,813 $ 8,156,398
Liabilities:
Accounts payable $ 683 $ -
Total Liabilities $ 683 $ -
Total Fund Balance $ 6,996,130 $ 8,156,398
CIP appropriations/reserved for encumbrances 1,451,231 2,019,297 Ending Available Fund Balance (Deficit) $ 5,544,899 $ 6,137,101 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Air Quality Impact Fee Fund 310-322
Income Statement
Balance Sheet
ATTACHMENT A 698
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Air Quality Impact Fee Fund 310-322
Air Quality Impact Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Deferral Program:
Other Long-Term Liabilities:
In FY 2023-24, the fund collected total revenues of $1,179,431 compared to the prior fiscal year of $771,829 and incurred $19,163 in operating expense. The ending fund balance on June 30, 2024 is $8,156,398, whereas the available fund balance for projects is $6,137,101.
None.
None.
Provides for the mitigation, studies, and management of adverse environmental effects and establishes an air quality standard for air pollution control resulted from growth and new development.
ATTACHMENT A 699
BUILDING TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / High Density Non-Residential Per 1,000 sq ft $ 329.00 $ 329.00 Retail / Medium Density Non-Residential Per 1,000 sq ft $ 689.00 $ 689.00 Warehouse / Low Density Non-Residential Per 1,000 sq ft $ 405.00 $ 405.00 Single Family Units Residential Per Unit $ 187.00 $ 187.00 Multiple Family Units Residential Per Unit $ 127.00 $ 127.00 Guest Room Residential Per Room $ 120.00 $ 120.00
City of Stockton - Public Facilities Fee (PFF) Report
Air Quality Impact Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Air Quality Impact Fees, contact the Community Development Department (PFF Manager) at (209) 937-8270.
ATTACHMENT A 700
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 2,992,842 $ 3,105,063
Revenues:
PFF Administrative Fees $ 573,710 $ 708,302
Interest (including FMV) (12,424) 121,805
Total Revenues $ 561,286 $ 830,107
Expenditures:
Operating $ 449,065 $ 507,263
Capital improvement (CIP) - -
Total Expenditures $ 449,065 $ 507,263
Other Financing Sources (Uses) - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ 112,221 $ 322,844 Ending Fund Balance $ 3,105,063 $ 3,427,907
Assets:
Cash and cash equivalent $ 3,291,856 $ 3,542,520
Fair Market Value (FMV) (159,378) (112,329)
Interest receivable 12,325 16,472
Total Assets $ 3,144,803 $ 3,446,663
Liabilities:
Accounts payable $ 39,740 $ 5,724
Accrued payroll - 13,032
Total Liabilities $ 39,740 $ 18,756
Total Fund Balance $ 3,105,063 $ 3,427,907
CIP appropriations/reserved for encumbrances - -
Ending Available Fund Balance (Deficit) $ 3,105,063 $ 3,427,907 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 PFF Administrative Fee Fund 310-323
Income Statement
Balance Sheet
ATTACHMENT A 701
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 PFF Administrative Fee Fund 310-323
PFF Administrative Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Deferral Program:
Other Long-Term Liabilities:
In FY 2023-24, the the Administrative Fee Fund collected total revenues of $830,107 compared to the prior fiscal year of $561,286 and incurred $507,263 in operating expenditures. The ending fund balance on June 30, 2024 is $3,427,907.
None.
None.
None.
Provides for Administrative costs of Public Facilities Fees Program.
ATTACHMENT A 702
Category Administrative Fees Not Collected
Since Program Inception
Administrative Fees
Not Collected
FY 2023-24
Single-Family Residential Housing $ 2,173,065.86 $ 339,499.44 Multi-Family Residential Housing $ 270,054.40 $ -
Non-Residential (Commercial) $ 92,797.34 $ 3,036.25
Non-Residential (Industrial or Warehouse) $ 454,718.48 $ 38,920.81 Program Administrative Fees Not Collected
Since Program Inception
Administrative Fees
Not Collected
FY 2023-24
Residential $ 22,285.27 $ -
Program Administrative Fees Not Collected
Since Program Inception
Administrative Fees
Not Collected
FY 2023-24
Residential $ 60,532.85 $ -
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program The amounts represent fee reductions for the Administrative PFF Fund under these programs noted above, reflecting funds that would have otherwise been collected absent the program's implementation. For additional information or questions regarding the Administrative Fee, contact the Community Development Department (PFF Manager) at (209) 937-8270.
City of Stockton - Public Facilities Fee (PFF) Report
Stockton Economic Stimulus Program (SESP)
Administrative Fee
Administrative fees are collected as a part of the Public Facility Fee program to cover administrative costs such as program management, accounting, etc. As a result of the various fee reduction programs implemented, the collection of administrative fees is also reduced in a manner consistent with the applicable reduced/waived PFF fee categories. The following tables provide a detailed breakdown of the administrative fees not collected per each program. The programs in question include the Stockton Economic Stimulus Program (SESP) Fee Reduction, the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program, and the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program.
Stockton Economic Stimulus Program (SESP)
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program ATTACHMENT A 703
FY 2022-23 FY 2023-24
Beginning Fund Balance: $ 15,790,275 $ 17,772,456
Revenues:
Impact fee $ 2,078,061 $ 2,626,509
Interest (including FMV) (83,072) 655,779
Total Revenues $ 1,994,989 $ 3,282,288
Expenditures:
Operating $ 12,808 $ 17,172
Total Expenditures $ 12,808 $ 17,172
Other Financing Sources (Uses) - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ 1,982,181 $ 3,265,116 Ending Fund Balance $ 17,772,456 $ 21,037,572
Assets:
Cash and cash equivalent $ 18,796,796 $ 22,012,291
Fair Market Value (FMV) (895,317) (697,809)
Interest receivable 70,471 102,328
Accounts receivable 108,727 -
Total Assets $ 18,080,677 $ 21,416,810
Liabilities:
Due to other governments $ 308,221 $ 379,238
Total Liabilities $ 308,221 $ 379,238
Total Fund Balance $ 17,772,456 $ 21,037,572
CIP appropriations/reserved for encumbrances - -
Ending Available Fund Balance (Deficit) $ 17,772,456 $ 21,037,572 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Regional Transportation Impact Fee (RTIF) Fund 310-324
Income Statement
Balance Sheet
ATTACHMENT A 704
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Regional Transportation Impact Fee (RTIF) Fund 310-324
Regional Transportation Impact Fee Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Deferral Program:
Other Long-Term Liabilities:
In FY 2023-24, the fund collected total revenues of $3,282,288 compared to the prior fiscal year of $1,994,989 and incurred $17,172 in operating expense. The ending fund balance on June 30, 2024 is $21,037,572.
None.
None.
None.
Provides for regional transportation improvements in San Joaquin County (in conjunction with other cities) and addresses traffic congestion as a result of new developments. The fee provides funding for transportation improvements required to serve new developments and to ensure that existing service levels can be maintained. The City retains 75% of the fees collected. The remaining 25% is paid out to SJ County (10%) and SJCOG (15%).
ATTACHMENT A 705
BUILDING PERMIT TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Office / Guest Rooms / High Density Non-Residential Per 1,000 Sq Ft $ 1,850.00 $ 2,030.00 Retail / Medium Density Non-Residential Per 1,000 Sq Ft $ 1,470.00 $ 1,610.00 Commercial / Industrial Non-Residential Per 1,000 Sq Ft $ 1,120.00 $ 1,230.00 High Cube Warehouse / Low Density Non-Residential Per 1,000 Sq Ft $ 460.00 $ 500.00 Single Family Units Residential Per Unit $ 3,696.21 $ 4,053.26 Multiple Family Units Residential Per Unit $ 2,217.72 $ 2,431.95 City of Stockton - Public Facilities Fee (PFF) Report
Regional Transportation Impact Fees (RTIF) Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee; RTIF fees are set by San Joaquin Council of Governments.
For additional information or questions regarding to Regional Transportation Impact Fees, contact the San Joaquin Council of Governments at (209) 235-0389.
ATTACHMENT A 706
FY 2022-23 FY 2023-24
Beginning Fund Balance $ 28,520 $ -
Revenues:
Water connection fees $ 1,334,890 $ 1,403,547
Interest (175,453) 3,446
Total Revenues $ 1,159,437 $ 1,406,993
Expenditures:
Operating $ (8) $ 27
Capital improvement (CIP) 10,036 117,852
Credit capitalization (10,036) (117,852)
Total Expenditures $ (8) $ 27
Other Financing Sources (Uses):
Transfers in $ 164,050
Transfers out - CIP contribution (10,036) (117,852)
Transfers out - Debt services - 2018A Water Bond Series (1,341,979) (1,310,642) Total Other Financing Sources (Uses) $ (1,187,965) $ (1,428,494) Excess (Deficiency) of Revenues Over Expenditures $ (28,520) $ (21,528) Ending Fund Balance $ - $ (21,528)
Assets:
Cash and cash equivalent $ (571,688) $ (572,127)
Fair Market Value (FMV) $ - $ (21,157)
Interest receivable (20,226) 3,102
Accounts receivable 22,384 -
Due from other governments 569,530 569,530
Total Assets $ - $ (20,652)
Liabilities:
Accounts payable $ - $ -
Accrued payroll - 876
Total Liabilities $ - $ 876
Total Fund Balance $ - $ (21,528)
CIP appropriations/reserved for encumbrances 8,476,806 3,341,404 Ending Available Fund Balance (Deficit) $ (8,476,806) $ (3,362,932) City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Water Connections Fee Fund 600-605
Income Statement
Balance Sheet
ATTACHMENT A 707
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Water Connections Fee Fund 600-605
Water Connection Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Deferral Program:
Other Long-Term Liabilities:
2018A Series (Green Bonds):
The 2018 Water Revenue Bonds, Series A were issued in the amount of $145,220,000 by the SPFA on November 20, 2018.
The SPFA issued the Bonds to refinance three series of bonds issued in 2002, 2005, and 2009, that finance multiple projects, including the majority of the financing for the Delta Water Supply Project. As of June 30, 2024, $118,635,000 of 2018A Bonds remain outstanding with installments of principal ranging from $5,950,000 to $12,195,000 due October 1, 2024, through October 1, 2037, with interest rates ranging from 4.0% to 5.0%.
Provides for the operations and distributions of water services (including connections, transmission, and construction of existing and new water line) in the Municipal Water Utility as required by growth and new development.
Notes: This impact fee is a utility enterprise fund and is reported under the full accrual accounting standard set by FASB, not under the modified accrual accounting standard set forth by GASB.
In FY 2023-24, the fund collected total revenues of $1,406,993 compared to prior fiscal year of $1,159,437 and incurred $27 in operating expenditures. The ending fund balance at June 30, 2024 is $ (21,528).
In FY 2023-24, the fund transferred out $1,310,642 to the Water Debt Services fund to partially pay for the 2018A (Green Bonds) Water Bonds Series.
None.
None.
ATTACHMENT A 708
CONNECTION FEE TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Single Family Units Residential Per Meter $ 2,264.41 $ 2,264.41 Multiple Family Units Residential Per Meter $ 2,264.41 $ 2,264.41 Multiple Family - Additional Units Residential Per Meter $ 1,827.01 $ 1,827.01 Connection Size:
5/8 & 3/4 Inch Non-Residential Per Meter $ 2,264.41 $ 2,264.41 1 Inch Non-Residential Per Meter $ 4,265.68 $ 4,265.68
1.5 Inch Non-Residential Per Meter $ 9,643.78 $ 9,643.78 2 Inches Non-Residential Per Meter $ 13,633.40 $ 13,633.40 3 Inches Non-Residential Per Meter $ 28,954.70 $ 28,954.70 4 Inches Non-Residential Per Meter $ 48,212.63 $ 48,212.63 6 Inches Non-Residential Per Meter $ 104,818.85 $ 104,818.85 8 Inches Non-Residential Per Meter $ 156,827.95 $ 156,827.95 10 Inches Non-Residential Per Meter See Formula 1 See Formula 1 12 Inches Non-Residential Per Meter See Formula 2 See Formula 2 City of Stockton - Public Facilities Fee (PFF) Report
Water Connections Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
For additional information or questions regarding to Water Connection Fees, contact the Municipal Utilities Department at (209) 937-8753.
Formula 1: 10" Connections = [(Flow Rate / 30GPM x $2,135.84) + $61,907.00] Formula 2: 12" Connections = [(Flow Rate / 30GPM x $2,135.84) + $86,049.00] ATTACHMENT A 709
FY 2022-23 FY 2023-24
Beginning Fund Balance $ 14,130,760 $ 18,237,264
Revenues:
Connection fees $ 4,269,591 $ 5,318,432
Interest (158,654) 608,877
Total Revenues $ 4,110,937 $ 5,927,309
Expenditures:
Operating $ 4,433 $ 7,349
Total Expenditures $ 4,433 $ 7,349
Other Financing Sources (Uses) - -
Total Other Financing Sources (Uses) - -
Excess (Deficiency) of Revenues Over Expenditures $ 4,106,504 $ 5,919,960 Ending Fund Balance $ 18,237,264 $ 24,157,224
Assets:
Cash and cash equivalent $ 19,055,930 $ 24,823,519
Fair Market Value (FMV) $ (889,586) $ (780,793)
Interest receivable 70,920 114,498
Total Assets $ 18,237,264 $ 24,157,224
Liabilities - -
Total Liabilities - -
Total Fund Balance $ 18,237,264 $ 24,157,224
CIP appropriations/reserved for encumbrances - -
Ending Available Fund Balance (Deficit) $ 18,237,264 $ 24,157,224 City of Stockton-Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Delta Water Surface Connection Fee Fund 600-606
Income Statement
Balance Sheet
ATTACHMENT A 710
City of Stockton-Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Delta Water Surface Connection Fee Fund 600-606
Water Connection Fee Fund Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out):
Provides for a portion of the annual debt service related to the Delta Water Supply Project. The unrestricted fund balance will be used to fund or provide for early retirement of the Delta Water Supply Project debts.
Notes: This impact fee is a utility enterprise fund and is reported under the full accrual accounting standard set by FASB, not under the modified accrual accounting standard set forth by GASB.
In FY 2023-24, Delta Water Supply Connection Fee collected total revenues of $5,927,309 compared to the prior fiscal year of $4,110,937 and incurred $7,349 investment interest expense. The ending fund balance on June 30, 2024 is $24,157,224.
None.
ATTACHMENT A 711
CONNECTION FEE TYPE CATEGORY UNIT OF
MEASURE
FEE PER
UNIT
EFFECTIVE
7/1/2022
FEE PER
UNIT
EFFECTIVE
7/1/2023
Connection Size:
3/4 Inch N/A Per Meter $ 5,508.23 $ 5,575.28
1 Inch N/A Per Meter $ 9,198.74 $ 9,310.72
1 1/2 Inch N/A Per Meter $ 22,032.92 $ 22,301.12
2 Inches N/A Per Meter $ 29,358.87 $ 29,716.24
3 Inches N/A Per Meter $ 58,722.81 $ 59,488.24
4 Inches N/A Per Meter $ 91,822.19 $ 92,939.92
6 Inches N/A Per Meter $ 183,589.31 $ 185,824.08
8 Inches N/A Per Meter $ 293,753.91 $ 297,329.88
10 Inches N/A Per Meter See Formula 1 See Formula 1
12 Inches N/A Per Meter See Formula 2 See Formula 2
Formula 1: 10" Connections = [(Flow Rate / 30GPM x $4,838) + $61,907.00] Formula 2: 12" Connections = [(Flow Rate / 30GPM x $4,838) + $86,049.00] For additional information or questions regarding to Delta Water Surface Connection Fees, contact the Municipal Utilities Department at (209) 937-8753.
City of Stockton - Public Facilities Fee (PFF) Report
Delta Water Surface Connections Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee.
ATTACHMENT A 712
FY 2022-23 FY 2023-24
Beginning Fund Balance $ 6,325,753 $ 5,071,800
Revenues:
Connection fees per area:
Existing Collections $ 102,362 $ 69,363
Future Collections 99,806 53,900
Combined Treatment 1,249,216 1,387,504
Westside Project 975,372 1,606,400
Weston Ranch 6A & 6B - (350)
Interest (80,938) 293,529
Total Revenues $ 2,345,818 $ 3,410,346
Expenditures:
Operating $ 1,995 $ 2,327
Capital improvement (CIP) 158,047 27,871
Credit capitalization (158,047) (27,871)
Total Expenditures $ 1,995 $ 2,327
Other Financing Sources (Uses):
Transfers out - CIP contribution $ (158,047) $ (27,871) Transfers out - Debt services - COP Bond Series (3,439,729) (3,437,430) Total Other Financing Sources (Uses) $ (3,597,775) $ (3,465,301) Excess (Deficiency) of Revenues Over Expenditures $ (1,253,953) $ (57,282) Ending Fund Balance $ 5,071,800 $ 5,014,518
Assets:
Cash and cash equivalent $ 5,450,324 $ 5,246,994
Fair Market Value (FMV) (411,020) $ (270,503)
Interest receivable 32,991 39,667
Total Assets $ 5,072,295 $ 5,016,158
Liabilities:
Accounts payable $ 495 $ 1,533
Accrued Payroll - 107
Total Liabilities $ 495 $ 1,640
Total Fund Balance $ 5,071,800 $ 5,014,518
CIP appropriations/reserved for encumbrances - 132,720
Ending Available Fund Balance (Deficit) $ 5,071,800 $ 4,881,798 City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Wastewater Connections Fee Fund 610-615 - All Areas
Income Statement
Balance Sheet
ATTACHMENT A 713
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement for the Fiscal Year Ended June 30, 2024 Wastewater Connections Fee Fund 610-615 - All Areas
Wastewater Connections Fee Annual Report Notes
Purpose:
Revenues, Expenditures & Fund Balance:
Other Financing Sources (Transfers In and Transfers Out) Wastewater Revenue Refunding Bonds, 2014A Series:
To provide for the expansion and improvement of wastewater collection and treatment capacities and facilities as required by growth and new development.
Notes: This impact fee is a utility enterprise fund and is reported under the full accrual accounting standard set by FASB, not under the modified accrual accounting standard set forth by GASB.
In FY 2023-24, the fund collected total revenues of $3,410,346 compared to prior fiscal year of $2,345,818, and had operating expenses totaling $2,327 and total CIP costs of $27,871. The fund credited and or contributed the total CIP costs by transferring out $27,871 to the Wastewater Utility fund and transferred out $3,437,430 to Wastewater Debt Service fund to partially pay for the 2014A Wastewater Revenue Bonds. The ending fund balance at June 30, 2024 is $5,014,518.
Notes: The transfers out of available fund balance were to pay for the bonds issued by the Stockton Public Financing Authority to finance wastewater projects.
In FY 2023-24, Wastewater Connection Fees Fund has transferred out total of $3,437,430 Wastewater Revenue Refunding Bonds, 2014A Series discussed as follows:
Wastewater Revenue Refunding Bonds, Series 2014 (1998 Wastewater Project and 2003 Wastewater Project) were issued in an amount of $69,440,000 by the SPFA on November 24, 2014. As of June 30, 2024, bonds totaling $34,710,000 are due in annual installments of principal ranging from $5,090,000 to $6,530,000 from September 1, 2024, through September 1, 2029, with interest rates of 5.00% on the bonds outstanding. The Bonds were issued to advance refund the 1998 and 2003 certificates of participation. Repayment of the Bonds is a pledge of net revenues of the Wastewater Fund.
ATTACHMENT A 714
CONNECTION FEE AREA PROJECT FEE
COMBINED
CONNECTION
FEE
EXISTING
CONNECTION
FEE
FUTURE
CONNECTION
FEE
TOTAL FEE
PER SFU
North of Calaveras $ - $ 2,100.00 $ 400.00 $ 1,134.00 $ 3,634.00 South of Calaveras $ - $ 2,100.00 $ 400.00 $ 350.00 $ 2,850.00 CFD 90-1 $ - $ 2,100.00 $ - $ - $ 2,100.00
Westside Project A $ 3,200.00 $ 2,100.00 $ - $ - $ 5,300.00 Westside Project B $ 3,200.00 $ 2,100.00 $ - $ - $ 5,300.00 Westside Project C $ 3,200.00 $ 2,100.00 $ 400.00 $ - $ 5,700.00 Weston Ranch 6A $ - $ 2,100.00 $ 1,520.00 $ - $ 3,620.00 Weston Ranch 6B $ - $ 2,100.00 $ 1,204.00 $ - $ 3,304.00 City of Stockton - Public Facilities Fee (PFF) Report
Wastewater Connection Fees Schedule
Fiscal Year 2023-24
Notes: All fee areas are subject to additional 3.5% Administrative Fee; Per Council resolution #02-0332, effective June 1, 2002, the fees apply for all fee areas and for all fiscal year.
For additional information or questions regarding to Wastewater Connection Fees, contact the Municipal Utilities Department at (209) 937-8753.
ATTACHMENT A 715
FY 2022-23 FY 2023-24
Beginning Fund Balance:
Surface Water Impact Mitigation Fee $ 1,813,221 $ 824,504 County Facilities Impact Fee 966,655 661,238
Agricultural Land Mitigation Impact Fee 49,094 144,838
Mossdale Tract Development Fee (8,609) (8,609)
Undistributed Balance (61,559) (54,269)
Total Beginning Fund Balance $ 2,758,802 $ 1,567,703
Revenues:
Surface Water Impact Mitigation Fee $ 2,564,115 $ 3,213,878 County Facilities Impact Fee 1,627,845 2,296,346
Agricultural Land Mitigation Impact Fee 1,201,959 975,416 Mossdale Tract Development Fee - 34,440
Interest (undistributed) 31,911 -
Fair Market Value (FMV) - 14,619
Total Revenues $ 5,425,830 $ 6,534,699
Expenditures (Distributions):
Surface Water Impact Mitigation Fee $ 3,552,832 $ 3,337,208 County Facilities Impact Fee 1,933,262 2,384,553
Agricultural Land Mitigation Impact Fee 1,106,215 1,112,336 Mossdale Tract Development Fee - 33,407
Interest distributed (adjusted) 31,911 -
Total Expenditures (Distributions) $ 6,624,219 $ 6,867,504 Undistributed Revenues:
Surface Water Impact Mitigation Fee $ (988,717) $ (123,330) County Facilities Impact Fee (305,417) (88,207)
Agricultural Land Mitigation Impact Fee 95,744 (136,920) Mossdale Tract Development Fee - 1,033
Interest (undistributed) 7,290 (57,069)
Total Undistributed Revenues $ (1,191,100) $ (404,493)
Ending Fund Balance:
Surface Water Impact Mitigation Fee $ 824,504 $ 701,174 County Facilities Impact Fee 661,238 573,031
Agricultural Land Mitigation Impact Fee 144,838 7,918
Mossdale Tract Development Fee (8,609) (7,576)
Undistributed Balance (54,269) (111,338)
Total Ending Fund Balance $ 1,567,703 $ 1,163,210
Income Statement
County Facilities Impact Fee San Joaquin County Administrator Agricultural Land Impact Mitigation Fee California Farmland Trust (CFT) Mossdale Tract Development Fee San Joaquin Area Flood Control Agency (SJAFCA) Surface Water Impact Mitigation Fee Stockton East Water District (SEWD) City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement For the Year Ended June 30,2024
Pass Through Fees - Agency Fund 780-786
TYPE OF FEE AGENCY FEE REMITTED TO
ATTACHMENT A 716
FY 2022-23 FY 2023-24
County Facilities Impact Fee San Joaquin County Administrator Agricultural Land Impact Mitigation Fee California Farmland Trust (CFT) Mossdale Tract Development Fee San Joaquin Area Flood Control Agency (SJAFCA) Surface Water Impact Mitigation Fee Stockton East Water District (SEWD) City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement For the Year Ended June 30,2024
Pass Through Fees - Agency Fund 780-786
TYPE OF FEE AGENCY FEE REMITTED TO
Assets:
Cash and cash equivalent $ 1,623,454 $ 1,206,973
Fair Market Value (FMV) (65,903) (51,283)
Interest receivable 5,768 7,520
Miscellaneous Receivable 4,384 -
Total Assets $ 1,567,703 $ 1,163,210
Liabilities - -
Due to other governments - -
Total Liabilities - -
Total Fund Balance $ 1,567,703 $ 1,163,210
Total Fund Balance (Deficit) and Liabilities $ 1,567,703 $ 1,163,210 Balance Sheet
ATTACHMENT A 717
In 2006, the City, through Resolution #06-0169, incorporated the Regional Transportation Impact Fee (RTIF) into its public facilities fee program. The San Joaquin Council of Governments (SJCOG) takes a leadership role in developing the county-wide RTIF and updating the fee schedule annually. The RTIF fee is collected at the time a building permit is issued for new developments within city limits. The RTIF collected is allocated with 15% deposited in an account for the San Joaquin Council of Governments (SJCOG), 10% deposited in an account for the County of San Joaquin with revenues remitted quarterly, and 75% deposited in an account retained by the City on a semiannual basis (i.e., the City’s RTIF allocation). In FY 2023-2024, the City of Stockton collected $3,562,850 in Regional Transportation Impact Fees, remitted $534,428 to SJCOG, and $356,285 to the County of San Joaquin.
Regional Transportation Impact Fee – San Joaquin Council of Governments (SJCOG) Mossdale Tract Development Fee – San Joaquin Area Flood Control Agency (SJAFCA):
In January of 2018, the city agreed to join and execute an Amended Joint Powers Agreement (JEPA) with the County of San Joaquin, the San Joaquin County Flood Control and the Water Conservation (SJCFCWCD), City of Lathrop, and the City of Manteca to reform the San Joaquin Area Flood Control Agency in an effort to manage and/or reduce flood risks in the Mossdale Tract Area. Under state legislation, SJAFCA has the authority to impose fees as a condition for new developments in Mossdale Tract Area, whereas the city agreed to assist in fees collection effort. All fees collected (less city’s administrative fee) pursuant to the agreement will be remitted to SJAFCA on a quarterly basis and to be used to finance the flood control facilities. In FY 2023-24, the city collected $34,440 of Flood Protection Development Impact Fees and remitted $33,407 to SJAFCA. The remaining balances due to SJAFCA at June 30, 2024 is $-7,576.
Surface Water Impact Mitigation Fee – Stockton East Water District (SEWD):
In 1990, the City of Stockton participated, along with California Water Service Company and the County of San Joaquin, in 1990B Series COP to finance the New Melones Water Conveyance Project with the Stockton East Water District. In 1992, the District issued another Series, the 1992B Series COP, and refunded a portion of the 1990B Series. In 2002, the city agreed to modify the financing plan by issuing the 2002B Series COP and refund 1990B Series. The remaining balance of the 2002B Series COP Series were to be financed by the surface water impact fee levied by the city and other participating agencies. The surface water impact fees are collected and deposited in a trustee account and remitted to Stockton East Water District (SEWD) on a quarterly basis to be used for the cost of the New Melones Water Conveyance Project. In FY 2023-24, the city collected $3,213,878 of Surface Water Impact Mitigation Fees and remitted $3,337,208 to SEWD. The remaining impact fees due to SEWD at June 30, 2024 is $701,174
County Facilities Impact Fee – San Joaquin County Administrator (SJCA):
Under Municipal Code section 16-355.270, the city has the authority to establish a Public Facilities Fee Program (PFF) on new developments. In 2003, City Council approved (Reso. #2003-04-03-0105) the establishment of the Public Facilities Fees (PFF) programs. In 2005, the city agreed (Council Reso. # 2005-04-05-0165) to add County Facilities Fee (CFF) to its PFF programs.
The CFF fee is collected at the same time a building permit is issued for a new development within city limits and remitted to SJ County Administrator on a quarterly basis. In FY 2023-24, the city collected $2,296,346 of County Facilities Fee and remitted $2,384,553 to SJCA. The remaining balance due to SJCA at June 30, 2024 is $573,031.
Agricultural Land Mitigation Impact Fee – California Farmland Trust (CFT):
Under the Municipal Code section 16-355.270, the city has the authority to establish a Public Facilities Fee Program (PFF) on new developments. In 2003, City Council approved (Reso. #2003-04-03-0105) the establishment of the Public Facilities Fees (PFF) programs. In 2007, the City agreed (Council Reso. #2007-02-07-0079) to add Agricultural Land Mitigation Fee to its Public Facilities Fee programs. The fee is collected from all applicable new development projects that would result from the conversion of farmland, as defined by California Department of Conservation, into urban uses. All fees collected pursuant to the agreement should be remitted to California Farmland Trust (CFT) on a quarterly basis. In FY 2023-24, the city collected $975,416 of Agricultural Land Mitigation Impact Fees and remitted $1,112,336 to CFT. The remaining balance due to CFT at June 30, 2024 is $7,918.
To mitigate for the impact on water, agricultural land, public facilities, and flood control through the conversion of land for private and urban uses, including residential, commercial, and industrial developments. Fees collected by the city are remitted to various governmental entities as discussed below:
City of Stockton - Public Facilities Fee (PFF) Report
Financial Statement For the Fiscal Year Ended June 30,2024 Pass Through Fees - Agency Fund 780-786
Pass Through Fees – All Mitigation Fees – Annual Report Notes Purpose:
ATTACHMENT A 718
PERMIT FEE TYPE CATEGORY UNIT OF MEASURE
FEE PER UNIT
EFFECTIVE
7/1/2022
FEE PER UNIT
EFFECTIVE
7/1/2023
Surface Water Impact Mitigation Fee:
Office / High Density Non-Residential Per sq. ft. Floor Areas / 0.50 $ 0.471 $ 0.471 Retail / Medium Density Non-Residential Per sq. ft. Floor Areas / 0.30 $ 0.283 $ 0.283 Warehouse / Low Density Non-Residential Per sq. ft. Floor Areas / 0.60 $ 0.228 $ 0.228 Single Family Units Residential Per Unit $ 4,587.00 $ 4,587.00 Multiple Family Units Residential First Unit $ 4,587.00 $ 4,587.00 Multiple Family Units Residential Each Subsequent Unit $ 1,378.00 $ 1,378.00 Guest Room Residential First Room $ 1,076.00 $ 1,076.00 Guest Room Residential Each Subsequent Room $ 0.0283 $ 0.0283 County Facilities Fee:
Office / High Density Non-Residential Per 1,000 Sq. Ft. $ 683.00 $ 800.00 Retail / Medium Density Non-Residential Per 1,000 Sq. Ft. $ 452.00 $ 540.00 Warehouse / Low Density Non-Residential Per 1,000 Sq. Ft. $ 126.00 $ 150.00 Single Family Units Residential Per Unit $ 2,760.00 $ 3,249.00 Multiple Family Units Residential Per Unit $ 2,047.00 $ 2,408.00 Agricultural Land Mitigation Fee:
Office / High Density Non-Residential Per Acre of Net Parcel Area $ 11,902.00 $ 11,902.00 Retail / Medium Density Non-Residential Per Acre of Net Parcel Area $ 11,758.00 $ 11,758.00 Warehouse / Low Density Non-Residential Per Acre of Net Parcel Area $ 10,494.00 $ 10,494.00 Single Family Units Residential Per Acre of Net Parcel Area $ 14,352.00 $ 14,352.00 Multiple Family Units Residential Per Acre of Net Parcel Area $ 12,841.00 $ 12,841.00 Guest Room Residential Per Acre of Net Parcel Area $ 12,841.00 $ 12,841.00 Mossdale Tract Flood Protection Fee:
Commercial Non-Residential Per Developable Acre $ 20,916.00 $ 20,916.00 Industrial Non-Residential Per Developable Acre $ 16,384.00 $ 16,384.00 Single Family Units Residential Per Developable Acre $ 22,106.00 $ 22,106.00 Multiple Family Units Residential Per Developable Acre $ 20,686.00 $ 20,686.00 City of Stockton - Public Facilities Fee (PFF) Report
Pass Through Fees - All Mitigation Fees Schedule
Fiscal Year 2023-24
Notes: All fees are subject to additional 3.5% Administrative Fee except for Mossdale Tract Flood Protection Fee at 3%.
For additional information or questions regarding to all mitigation impact fees, please contact CDD at (209) 937-8561.
ATTACHMENT A 719
Stockton Economic Stimulus Program (SESP) Fee Reduction The Stockton Economic Stimulus Program (SESP), adopted in 2015 and implemented in 2016 (Resolution #2015-11-17-1602), replaced the City’s 2010 Economic Recovery Incentive Program (Resolution #10-0308), which expired on December 31, 2015.
SESP provides fee reductions (i.e., waivers) for eligible new residential and non-residential developments.
New residential developments located within the existing city limits, as described in the 2008 General Plan Settlement Agreement, are eligible to participate in the program and receive a fee waiver up to a total of $19,997 or 100% of certain Public Facility Fees (PFF), whichever is less. New non-residential developments, such as commercial and industrial projects citywide, are eligible to participate in the program and receive a 50% reduction on certain fee categories. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
As of June 30, 2024, the total amount of reductions granted to SESP participants since the program’s inception in 2016 is $88,437,381.42. For Fiscal Year 2023-24, a total of $11,280,213.50 in fee reductions have been provided.
City of Stockton - Public Facilities Fee (PFF) Report
Financial Summary For the Fiscal Year Ended June 30,2024 Fee Reduction Programs
Economic Recovery Incentive Program
The Stockton Economic Recovery Incentive Program, adopted in 2010 (Resolution #10-0308), included a Fee Reduction Program designed to reduce specific Public Facilities Fees (PFF) and encourage new residential and non-residential development. The program aimed to make Stockton's development fees more competitive, stimulate construction, and create jobs. Public Facilities Fees for residential or new non-residential projects city-wide were reduced by 50% until the program’s sunset. For new projects within the Greater Downtown Stockton Area, as defined in the 2008 Attorney General Settlement Agreement, certain fees were not collected to promote infill development. New residential projects outside the Greater Downtown Area but within Stockton city limits, as defined by the 2008 Attorney General Plan Settlement Agreement, received a 50% fee reduction on certain Public Facility Fees. The program was extended over time and ultimately expired on December 31, 2015.
From 2010 to 2015, the total amount of reductions granted under the Economic Recovery Incentive Program was $5,978,085.46 for residential ($922,241.51 for single-family and $2,096,730.50 for multi-family), $922,241.51 for non-residential developments, and $239,227.37 for the Administrative Fee.
ATTACHMENT A 720
Adopted in 2018 (Resolution #2018-02-06-0504), the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program expanded the existing Greater Downtown Stockton Residential Public Facilities Fee Exemption Program to include affordable housing developments city-wide. To support the development of new affordable housing units locally, City Council approved fee exemptions for new development projects that create additional affordable housing units. This program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
As of June 30, 2024, the total amount of exemptions granted under the City-Wide Affordable Housing Development Public Facilities Fee Exemption Program since the program’s inception in 2018 is $1,790,042.85. For Fiscal Year 2023-24, a total of $0 in fee exemptions have been provided. This program will expire upon the approval of the proposed fees outlined in the Development Impact Fee Nexus Study.
City of Stockton - Public Facilities Fee (PFF) Report
Financial Summary For the Fiscal Year Ended June 30,2024 Fee Reduction and Exemption Programs
Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program Adopted in 2016 (Resolution #2016-01-12-1206), the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program replaced the City’s 2010 Economic Development Department Public Facilities Fee Reduction Program, which had been extended through December 31, 2015. This program provides exemptions for specific Public Facilities Fees (PFF) categories for new residential developments located within the "Greater Downtown Stockton" area. The program will sunset upon City Council's adoption of new PFF fees outlined in the forthcoming Development Impact Fee Nexus Study.
As of June 30, 2024, the total amount of exemptions granted under the Greater Downtown Stockton Residential Development Public Facilities Fee Exemption Program since the program’s inception in 2016 is $659,007.27. For Fiscal Year 2023-24, a total of $0 in fee exemptions have been provided. This program will expire upon the approval of the proposed fees outlined in the Development Impact Fee Nexus Study.
City-Wide Affordable Housing Development Public Facilities Fee Exemption Program ATTACHMENT A 721
Fee Type Fee Area (Zone) Deferred Fees
FY 2023
Deferred Fees
FY 2024 Changes
Traffic Signals Impact Fee City Wide $ 13,192 $ 13,192 $ - Street Improvements Fee City Wide 642,183 459,533 (182,650) Community Recreation Centers Fee City Wide 312 - (312)
City Office Spaces Fee City Wide 8,957 4,366 (4,591)
Fire Stations Impact Fee City Wide 4,695 3,965 (730)
Libraries Impact Fee City Wide 8,373 7,618 (755)
Police Stations Fee City Wide 18,444 8,865 (9,579)
Parks and Recreation Fee City Wide - - -
Street Trees Fee City Wide - - -
Street Signs Fee City Wide - - -
Street Lights Impact Fee City Wide - - -
Air Quality Impact Fee City Wide - - -
Administration Fee City Wide - - -
Regional Transportation Impact Fee City Wide - - -
Water Connection Fee City Wide - - -
Delta Water Surface Fee City Wide - - -
Wastewater Connection Fee City Wide - - -
$ 696,156 $ 497,539 $ (198,617)
City of Stockton - Public Facilities Fee (PFF) Report
Supplemental Report - Fee Deferral Summary
As of June 30, 2024
Under the City's Administrative Guidelines and its Economic Development Program, the City Council approved (Council Reso.#2017-01-24-1210) and adopted a fee deferral program for commercial and industrial development, in which developers can elect to defer a portion of a building permit fees, except for the Pass-Through Fees, and pay it at a later date by a written agreement. As of June 30, 2024, the total deferred PFF fees is $497,539. The table below provides the outstanding deferred PFF fees under eact impact fee type since the program inception.
Total PFF Deferred Fees
ATTACHMENT A 722
Loan From PFF Fund Loan To PFF Fund Date Loans
Initiated
Approved
Council Reso.#
Balance As of
6/30/2023
Balance As of
6/30/2024
PFF Street Improvement
Fund
PFF Community Rec.
Center Fund 6/30/2005 04-0333 $ 2,441,828 $ 2,388,685
PFF Street Improvement
Fund PFF Police Station Fund 6/30/2005 04-0333 320,054 196,852 PFF Libraries Fund PFF Fire Station Fund 10/2/2007 07-0412 1,312,232 1,188,642 Total Outstanding PFF interfund Balance $ 4,074,114 $ 3,774,179 City of Stockton - Public Facilities Fee (PFF) Report
Supplemental Report - PFF interfund Loans Summary
As of June 30, 2024
ATTACHMENT A 723
Project Number FY2022-23
Expenditures
FY2023-24
Expenditures Changes
WT15022 (PW1522) $ 21,152 $ 34,353 $ 13,201
WT13010 (PW1310) $ - - -
Total Traffic Signals $ 21,152 $ 34,353 $ 13,201
Eight Mile Rd Precise Plan WT21013 (PW2113) $ 24,080 $ 227,149 $ 203,069 Developers Reimbursements - Construction Costs D018017 1,691,512 3,938,448 2,246,936 Diamond Grade Separation WT21028 9,689 12,037 2,348
WT13010 (PW1310) - - -
WT15015 (PW1515) 85,365 - (85,365)
WT14028 (PW1428) 78,624 - (78,624)
Industrial Drive Extension WT21015 (PW2115) 62,917 52,901 (10,016) Bus Rapid Transit V WT15016 219,697 - (219,697)
Bus Rapid Transit 1-B WT15018 608,405 - (608,405)
HSIP 8 Convert Signals WT17013 28,083 - (28,083)
Grant Match WT21016 360,532 176,904 (183,628)
Traffic Signal Modificaton WT15029 1,690 - (1,690)
Mariposa Rd Precise Road Plan WT23032 - 77,912 77,912
Pacific Avenue Raised Medians WT17017 - 320,700 320,700 Total Street Improvement $ 3,170,594 $ 4,806,051 $ 1,635,457 CL17024 (PW1724) $ 1,286,966 $ 229,624 $ (1,057,342)
Total Libraries $ 1,286,966 $ 229,624 $ (1,057,342)
Equinao Park WP13173 $ 7,690 $ 123,201 $ 115,511
Cannery Park WP13270 3,046 66,046 63,000
Oakmore & Montego Park WP13254 - 7,002 7,002
Cannery Park WP22013 - 9,138 9,138
Total Parkland $ 10,736 $ 205,387 $ 194,651
WT17002 $ 857,028 $ - $ (857,028)
WA13276 (PW9276) 6,868 - $ (6,868)
Total Air Quality $ 863,896 $ - $ (863,896)
Total All Public Improvement Expenditures $ 5,353,344 $ 5,275,415 $ (77,929) Street Improvements Expenditures:
Filbert / Miner Traffic Signal
Filbert / Miner Traffic Signal
Air Quality Expenditures:
Green Initiatives
Bear Creek/Pixley Slough Bike
Bus Rapid Transit 1-B
Thornton Rd. Widening
Libraries Expenditures:
NE Branch McNair Library
Parkland Expenditures:
Traffic Signal Control System
Traffic Signal Expenditures:
City of Stockton - Public Facilities Fee (PFF) Report
Supplemental Report - Public Improvement Expenditures
As of June 30, 2024
ATTACHMENT A 724
Project Name Project No.
Remaining
Appropriation
@ 6/30/2024
FY2024-25
Budget
FY2025-26
Budget
FY2026-27
Budget
FY2027-28
Budget Total Budget
Traffic Signals Projects:
Filbert Street/Miner Ave. Traffic Signal WT13010 (PW1310) - - - - - - Traffic Signal Control System WT15022 - - - - - -
Miner Avenue Comp Street Improve Phase 3 WT17032 200,000 - - - - 200,000 Traffic Signal New Installation WT25011 - 800,000 - - 800,000 Traffic Signal Conversions WT26039 - - - - - -
Total Traffic Signals 200,000 - 800,000 - - 1,000,000
Street Improvement Projects:
Bus Rapid Transit 1-B WT15015 (PW1515) 472,689 - - - - 472,689 Bus Rapid Transit V on Weber Avenue, Miner
Avenue, Fremont Street, Filbert Street, and
Main St
WT15016 (PW1516) 117,016 - - - - 117,016
Developers Reimbursements D018017 (PW1817) 2,708,504 - - - - 2,708,504 Filbert Street/Miner Ave. Traffic Signal WT13010 (PW1310) - - - - - - Grant Match Programs WT21016 (PW2116) 262,564 - - - - 262,564 Little John Creek Reimbursement WA13165 (PW9165) 132,788 - - - - 132,788 Eight Mile Rd Precise Plan WT21013 (PW2113) - - - - - - Diamond Grade Seperation WT21028 11,094 - - - - 11,094
Industrial Drive Extension WT21015 (PW2115) - - - - - - Thornton Road / Lower Sacramento Road /
Hammer Lane Triangle Left Turn Lanes WT15018 (PW1518) - - - - - - Thorton Rd. Widening WT14028 (PW1428) 300,065 - - - - 300,065 West Ln. TRS Control System WT16011 (PW1611) 23,809 - - - - 23,809 Mariposa Road Precise Road Plan WT23032 1,062,088 1,062,088 HSIP 8-CONVT SIGNL FR PED WT17013 81,538 - - - - 81,538 HSIP 8-RAISED MED @ PACIFIC WT17017 - - - - - -
Bear Creek / Pixley Slough Bike Trail WT17002 770,000 - - - - 770,000 MLK Boulevard Underpass WT24030 1,000,000 - - - - 1,000,000 Arch Road Widening WT26023 500,000 - - - - 500,000
Total Street Improvement 7,442,155 - - - - 7,442,155
Library:
Northeast Branch McNair Library and
Recreation Center CL17024 (PW1724) 2,841,529 - - - - 2,841,529 Total Library 2,841,529 - - - - 2,841,529
Parkland City Wide:
Cannery Park 2.7 Acre WP13270 (PW9270) 125,000 - - - - 125,000 Cannery Park 7.48 Acre WP22013 409,862 - - 4,546,800 - 4,956,662 Equinoa Park WP13173 - - - - - -
Misasi Park WP13131 (PW9131) - - - - 2,206,070 2,206,070 Oakmore & Montego Park WP13254 - - 2,669,000 - - 2,669,000 Oakmore & Montego Neigborhood Park WP23024 - - - - - -
Westlake Villages Park 11.5 Acre WP13269 (WP23020)(PW9269) - - 7,100,000 - - 7,100,000 Total Parkland 534,862 - 9,769,000 4,546,800 2,206,070 17,056,732 Street Trees:
Residential Development Street Trees WE15024 (PW1524) - - - - - - Street Trees Planting CW WE13118 (PW9118) - - - - - -
Total Street Trees - - - - - -
Street Signs Citywide :
Residential Development Signs WD15025 (PW1525) - - - - - - Street Name Sign Installation WD13176 (PW9176) - - - - - - Total Street Signs - - - - - -
Street Lights In Lieu:
Street Lights Installations WD13191 (PW9191) - - - - - - Total Street Lights - - - - - -
Office Space Citywide:
Waterfront Towers New City Hall E016015 300,000 - - - - 300,000 City of Stockton - Public Facilities Fee (PFF) Report
Supplemental Report - Five Years PFF CIP Listing Budget As of June 30, 2024
ATTACHMENT A 725
Project Name Project No.
Remaining
Appropriation
@ 6/30/2024
FY2024-25
Budget
FY2025-26
Budget
FY2026-27
Budget
FY2027-28
Budget Total Budget
City of Stockton - Public Facilities Fee (PFF) Report
Supplemental Report - Five Years PFF CIP Listing Budget As of June 30, 2024
Total Office Space 300,000 - - - - 300,000
Air Quality Citywide:
Bus Rapid Transit 1-B WT15015 100,000 - - - - 100,000
Pacific / March Intersection WT17025 180,000 - - - - 180,000 Bear Creek / Pixley Slough Bike Trail WT17002 142,972 - - - - 142,972 Filbert Street/Miner Ave. Traffic Signal WT13010 (PW1310) 6,009 - - - - 6,009 Green Initiatives WA13276 (PW9276) - - - - - -
Miner Ave, Comp. St. Improvement PH3 WT17032 650,000 - - - - 650,000 March Lane Adaptive Traffic Control WT13012 (PW1312) 140,621 - - - - 140,621 California Street Road Diet Phase 1 WT18005 549,695 - - - - 549,695 Main Street Complete Stret Plan WT18006 30,000 - - - - 30,000 Grant Match Program WT21016 - 300,000 300,000 300,000 300,000 1,200,000 Downtown East -West Connection WT22050 20,000 1,050,000 - - - 1,070,000 Greater Downtown Bike and Ped Cpnnectivity WT22051 - 202,000 - - - 202,000 Waterfront Towers New City Hall E016015 200,000 - - - - 200,000 Total Air Quality 2,019,297 1,552,000 300,000 300,000 300,000 4,471,297 Grand Total Budgeted Public Facilities Projects 13,337,843 1,552,000 10,869,000 4,846,800 2,506,070 33,111,713 ATTACHMENT A 726
City of Stockton
Legislation Text
File #: 25-0031, Version: 1
APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL EMPLOYMENT COMMISSION
RECOMMENDATION
It is recommended that City Council adopt a resolution appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2027.
Summary
The Civil Service Commission currently has two vacancies due to commissioners’ terms ending. The first step towards filling the stated vacancies was to recruit and engage the public to complete an application and interview. On January 8, 2025, the City Clerk’s Office held interviews, at which Cristopher Bunnell was the only candidate to appear. The interview was recorded and broadcasted on the City’s website so that they could be viewed through the archive by the members of the City Council before tonight’s meeting.
DISCUSSION
Background
Pursuant to Stockton Charter Article XXV, Sections 2502 and 2503, the City Council appoints the five -member Civil Service Commission; each term is for three years. The function of the Stockton Civil Service Commission is as follows:
· To adopt, amend or repeal rules for the Civil Service System · To investigate either upon complaint or upon its own motion concerning any matter touching the administration of the Civil Service Commission
· To act in an advisory capacity to the City Manager on problems concerning personnel administration
· As provided by rule, to hear appeals of dismissals, demotions, or reductions submitted by any person in the competitive service. Prepare or cause to be prepared a written statement of facts, findings, and recommendations on every appeal. The effect of the Commission’s recommendation in case of discharge, demotion or reduction shall be final and binding upon all parties.
· To make an annual report and such other reports as it deems desirable to the City Council covering the administration of the personnel system.
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File #: 25-0031, Version: 1
Present Situation
Council Policy 3.02.010 Section 11. F. provides that if the number of applicants is less than or equal to the number of vacancies, Council may proceed to fill any number of vacancies from the available list. Cristopher Bunnell was the only applicant to interview which is less than the two vacancies.
Subject to Council ratification, it is recommended that Cristopher Bunnell be appointed to a threeyear term commencing immediately and ending December 31, 2027.
FINANCIAL SUMMARY
Civil Service Commissioners receive $25.00 remuneration per meeting with a monthly maximum of $150.00. Sufficient funds are available in account number 010-1621-510.01-12: Compensation Boards and Commissions, for this purpose.
Attachment A - Redacted Application
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Submit Date: Jul 30, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
What district do you live in? *
District 4
I declare under penalty of disqualification/termination that I have been a resident at the above address for years/months?
2 years 10 months
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Cristopher Bunnell
Stockton CA
Cristopher Bunnell
Attachment A 729
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Civil Service Commission-Equal Employment Commission Concurrent: Submitted Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Cristopher Bunnell
Attachment A 730
Please tell us about yourself and why you want to serve.
My name is Cris, and I have dedicated my career to advocating for equity and inclusion within diverse communities, particularly in the LGBTQ+ community. I have most recent experience in nonprofit management as the Director of Admin. & Development at San Joaquin Pride Center. Prior I worked as a Human Resources Professional at Target advancing the human piece of Human Resources in stores and for the employees. I have honed down my skills in administration, staff development, human resources and investigations. My work has consistently centered on creating supportive environments that respect and uplift individuals, regardless of background. I want to serve on the Civil Service Commission - Equal Employment Commission because I am passionate about ensuring fair and equitable employment practices. I believe that a divers and inclusive not only benefits the employees, but also enhances the overall effectiveness and reputation of an organization. I believe in being fair, equitable, and the following of processes and procedures - including the harder conversations and decisions that come with when necessary systemic changes are necessary to move forward.
Please state the reason you would like to be a member of this board/commission.
I am eager to join the Civil Service Commission - Equal Employment Commission because I want to leverage my experience and skills to promote equal employment opportunities within our community. I believe my perspective as an LGBTQ+ advocate will bring valuable insights to the commission, helping to address and dismantle barriers that may hinder equitable employment. I am committed to working collaboratively with other commission members to be fair, equitable, and administer processes and procedures to all individuals in the community.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
I was email the opening from several community organizations and the city.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Cristopher Bunnell
Attachment A 731
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.
Yes No
Submit Application
Enter Your Initials:
CB
Date Signed
07/30/2024
Cristopher Bunnell
Attachment A 732
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE MEMBER TO THE STOCKTON CIVIL
SERVICE/EQUAL EMPLOYMENT COMMISSION
There are vacancies on the Stockton Civil Service/Equal Employment Commission due to commissioner term completions; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
The City Council hereby appoints Cristopher Bunnell to serve on the Stockton Civil Service/Equal Employment Commission for a term commencing immediately and ending December 31, 2027.
PASSED, APPROVED, and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
733
City of Stockton
Legislation Text
File #: 25-0046, Version: 1
COUNCIL AD-HOC COMMITTEE ON HOMELESSNESS
RECOMMENDATION
It is recommended that City Council adopt a resolution reestablishing an Ad-Hoc Homelessness Committee to serve in an advisory capacity and review proposals and progress on the efforts toward addressing homelessness within the City.
Summary
Homelessness is a significant priority for this Council. Stockton residents view homelessness as a humanitarian crisis affecting the quality of life of the entire city. The need for a resolution to this issue has never been greater. This committee will serve in an advisory capacity to review proposals and progress on efforts toward addressing homelessness within the City.
DISCUSSION
Background
Pursuant to Council Policy 3.06.010(4)(C), the Council by resolution may create Ad Hoc committees that are tasked with addressing specific issues. The members of the committee are appointed by the Mayor based on the expertise and expressed interest of the Councilmembers. The term of the committee may not exceed one year, unless reestablished or extended by resolution of the Council.
As stated in the introductory paragraph to Council Policy 3.06.010, the purpose of Council committees is to “provide detailed analysis and study matters, including public input, which are referred to the Committee by the City Council…and to provide the full Council with a report on its findings and recommendations. Delegation of such studies is essential to the efficiency of the City Council.”
On November 16, 2021, the City approved Resolution 2021-11-16-1208 establishing the City’s AdHoc Committee on Homelessness, re-establishing it via Resolution 2023-08-22-1204 on August 22, 2023, and again on June 18, 2024, via Resolution 2024-06-18-1201.
Present Situation
City Council has been working towards maximizing City efforts to find solutions to homelessness within the City. The Council has determined that an Ad-Hoc Committee is necessary to create an effective long-term solution.
The attached Resolution re-establishes this Committee formalizing the scope and focus of the Committee, naming the participating members, setting forth the chair and vice chair, naming the City of Stockton Page 1 of 2 Printed on 1/16/2025
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File #: 25-0046, Version: 1
alternate member of the Committee, and expiring at the end of the term, December 31, 2025.
The Committee will consist of Councilmembers Michele Padilla as Chair, Councilmember Villapudua as Vice Chair, Councilmember Mariela Ponce as a Member and with Councilmember Michael Blower the Alternative. The Committee will meet regularly at the discretion of the chair and will report to Council at the discretion of the chair.
FINANCIAL SUMMARY
The financial impacts, at this time, are limited to the staff time required to support the Committee.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION RE-ESTABLISHING THE AD-HOC COMMITTEE ON HOMELESSNESS
AND APPOINTING COUNCILMEMBERS TO SERVE ON THE COMMITTEE The Ad Hoc Committee on Homelessness was established by Council Resolution 2021-11-16-1208, re-established by Council Resolution 2023-08-22-1204 on August 22, 2023, and by Council Resolution 2024-06-18-1201 on June 18, 2024; and Council Policy 3.06.010(4)(C) authorizes the City Council to establish or re-establish ad-hoc committees targeted towards specific issues; and The Ad Hoc on Homelessness Committee expired on December 31, 2024, unless re-established or extended by resolution of the Council with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers; and The City Council desires to re-establish the Ad-Hoc Committee on Homelessness to serve in an advisory capacity and review progress on the efforts toward addressing homelessness within the city; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. This City Council hereby approves the re-establishment of the Ad-Hoc Committee on Homelessness to serve in an advisory capacity, review progress on the efforts toward addressing homelessness with the city, and to expire on December 31, 2025.
2. The following Councilmembers are appointed to serve on the Ad-Hoc Committee on Homelessness:
Councilmember Michele Padilla (Chair)
Councilmember Brando Villapudua (Vice-chair)
Councilmember Mariela Ponce (Member)
Councilmember Michael Blower (Alternate)
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3. The Ad-Hoc Committee on Homelessness will report its progress to the Council at the discretion of the Chair.
PASSED, APPROVED, and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 25-0047, Version: 1
RE-ESTABLISHMENT OF THE CHARTER REVIEW ADVISORY COMMISSION AND COUNCIL
CHARTER REVIEW AD-HOC COMMITTEE
RECOMMENDATION
It is recommended that City Council adopt a resolution re-establishing the Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee to review and provide recommendations on revisions to the City Charter.
Summary
On October 24, 2023, Council passed Resolution 2023-10-24-1502 forming a Citizen’s Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee. To continue the assigned tasks, both the Commission and the Committee must be re-established.
DISCUSSION
Background
Ad-Hoc Charter Review Committee
Council Policy 3.06, City Council Committees, Boards, and Commissions, section 3.06.010, subparagraph 4C, the Council shall from time to time establish ad hoc committees targeted toward specific issues. The ad hoc committees shall be established by resolution of the Council, with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers. The terms of the ad hoc committees shall not exceed one year unless reestablished or extended by resolution of the Council.
The Ad-Hoc Charter Review Committee’s primary role is to efficiently oversee the scope of work delegated by the Council, provide guidance to the Charter Review Advisory Commission, and regularly update the Council on the progress of this effort.
The Ad-Hoc Committee will establish a regular reporting schedule for the Charter Review Advisory Commission, ensuring timely communication.
Charter Review Advisory Commission
Charter amendments must be approved by the City’s electors, involving citizens in the development of proposed Charter language is crucial to ensure that the measures put forth align with the values and expectations of the community.
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File #: 25-0047, Version: 1
The scope of work and timeframe for the Commission is assigned by the Ad-Hoc Committee.
Present Situation
The attached Resolution re-establishes both the Citizen’s Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee expiring at the end of the term, December 31, 2025.
FINANCIAL SUMMARY
The financial impacts, at this time, are limited to the staff time required to support the Commission and Committee. Should a measure be placed on the ballot, there will be election related costs.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION RE-ESTABLISHING OF THE CHARTER REVIEW ADVISORY
COMMISSION AND COUNCIL CHARTER REVIEW AD-HOC COMMITTEE
The Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee were established by Council Resolution 2023-10-24-1502; and Council Policy 3.06.010(4)(C) authorizes the City Council to establish or re-establish ad-hoc committees targeted towards specific issues; and The Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee expired on December 31, 2024, unless re-established or extended by resolution of the Council with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers; and The City Council desires to re-establish the Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. This City Council hereby approves the re-establishment of the Charter Review Advisory Commission and the Council Charter Review Ad-Hoc Committee, and to expire on December 31, 2025.
2. The following Councilmembers are appointed to serve on the Council Charter Review Ad-Hoc Committee:
Councilmember Michele Padilla (Chair)
Councilmember Mariela Ponce (Vice-chair)
Councilmember Jason Lee (Member)
Councilmember Mario Enríquez (Alternate)
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740
3. The Council Charter Review Ad-Hoc Committee will report its progress to the Council at the discretion of the Chair.
PASSED, APPROVED, and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
741
City of Stockton
Legislation Text
File #: 24-1268, Version: 1
RATIFY APPOINTMENTS TO THE STOCKTON PLANNING COMMISSION
RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying appointments to the Stockton Planning Commission.
Summary
DISCUSSION
The General Municipal Elections held on November 5, 2024 and the authority provided in City Council Resolution 2024-12-10-0605, elected Councilmembers Mariela Ponce, Mario Enríquez, Jason Lee and Christina Fugazi to City Council seats representing Districts 2, 4, 6 and the Office of the Mayor. Positions on the Planning Commission coincide with the terms of the appointing Councilmember.
Charter Article XXIV requires that each Councilmember nominate a candidate from the district he/she represents to sit on the Planning Commission and the City Council ratifies the appointments. The term of office is four-year.
Background
Present Situation
The newly elected Councilmembers and Mayor have received applications to fill positions on the Planning Commission. Below are the recommendations presented to Council for ratification this evening.
Planning Commission terms will begin February 1, 2025 and end January 31, 2029:
District 2: Derek Graves
District 4: William Muetzenberg
District 6: Yolanda Amen
Mayoral: Jeff Sanguinetti
FINANCIAL SUMMARY
There is no financial impact to the General Fund from the appointment of Planning Commissioners.
Planning Commissioners receive a $25 per meeting stipend and sufficient funding is available in account 048-1810-510 (Community Development).
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File #: 24-1268, Version: 1
Attachment A - Redacted Applications
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Submit Date: Dec 23, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 2
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Derek P Graves
Stockton CA
Derek P Graves
ATTACHMENT A 744
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Activist for the Visual Environment, Public Art, or Regional/National Individual Artists' work
Critic of Contemporary Visual Art Forums
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Understanding of the Stockton Public Art Plan processes and implications for the City of Stockton
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a Community leader. I care and love the city of Stockton and want to see it in a better place.
Please state the reason you would like to be a member of this board/commission.
CA
Have you served on an advisory group before?
Yes No
Derek P Graves
ATTACHMENT A 745
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
DG
Date Signed
12/23/2024
Derek P Graves
ATTACHMENT A 746
Submit Date: Dec 08, 2024
Email Address
First Name Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
Biracial - Asian & White
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
William Muetzenberg
Stockton CA
William Muetzenberg
ATTACHMENT A 747
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? Yes No
Question applies to San Joaquin Regional Transit District Board Are you a resident of the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a 20 year resident of the Central Valley, originally from Tracy and now a proud homeowner in Stockton. I have worked in Stockton over the last four years, from volunteering to conducting community engagement activities. I believe in the call to serve and that serving my fellow residents in Stockton will ensure residents have a commissioner who is invested in bringing the best policies and service to their communities.
William Muetzenberg
ATTACHMENT A 748
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
I am interested in serving on the Commission to represent the interests of my District in promoting sustainable and healthier developments. From reducing pollution to engaging new businesses, I will bring a level head, open mind, and thoughtful deliberation to the Commissions I am called to serve.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I previously served on the Ava Energy (previously EBCE) Community Advisory Board, where I served as Vice Chair and oversaw recommendations to the Ava Energy Board's annual budget.
How did you hear about the position?
I heard about this position from Councilmember-elect Mario Enriquez.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
If yes, please explain
I currently oversee community engagement implementation for the Stockton Rising project through my work at Public Health Advocates.
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
William Muetzenberg
ATTACHMENT A 749
As a home owner in Stockton, I understand that decisions made by the Commission may have an impact on the value of my home. However, I believe it is important to take into consideration the needs of the City as a whole and make decisions that reflect what's best needed for the Stocktonians.
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
WM
Date Signed
12/8/2024
William Muetzenberg
ATTACHMENT A 750
Submit Date: Dec 18, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Yolanda J Amen
STOCKTON CA
Yolanda J Amen
ATTACHMENT A 751
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a native of Stockton, California. I have been married for 44 years and have raised five children. I am proud to have four beautiful grandchildren. I was the owner and dance instructor of the Tamari'i Mata'irea Polynesian Dance Group, which I founded in 2016, and I retired from this role in March of this year. Additionally, I serve as the President and CEO of the Mata'riea Polynesian Culture Preservation non-profit organization, which I established in 2014.
Please state the reason you would like to be a member of this board/commission.
I have a profound love for my community and see immense potential for its growth. I want to contribute to the solution and help Stockton evolve into the competitive city it has the capacity to become. I am ready to serve and be part of the city’s future development.
Have you served on an advisory group before?
Yes No
Yolanda J Amen
ATTACHMENT A 752
Upload a Resume
How did you hear about the position?
I was appointed by the newly elected District 6 city councilman representative Jason Lee City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
YJA
Date Signed
December 18, 2024
Yolanda J Amen
ATTACHMENT A 753
Submit Date: Dec 13, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Jeff M Sanguinetti
Stockton CA
Jeff M Sanguinetti
ATTACHMENT A 754
If yes, please list
WAG
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a 5th Generation. My Grandfather was Angelo Sanguinetti and Mayor/City Council person in the late 40's and involved in City politics right up to his death in 1987. My dad worked for the City of Stockton Public Works Dept from 1960-1965 and then formed the present company I operate today in 1967. He was heavily involved in local politics and urban development throughout his live until his death in 2000. I grew in the engineering/survey business, attended Franklin High School, Delta College, Skyline College & SF State, married since 1984 and have 3 children & 2 grand children. 2 of my children have full time jobs. The oldest works for the Port of Stockton Police Dept and my daughter is a Civil Engineer in the Bay Area. My youngest is UNR. As eluded too I have grown up here and love my City, have served on numerous boards since the early 90's, The Children's Home Board, County Housing Board of Appeals, City Charter Revision Commission, Development Oversight Commission, Water Advisory Group, Planning Commissioner and have participated in numerous Planning Commission meeting through out my life along with other group meetings. In lieu of just contributing money, which I do not have a lot of to give I find pleasure in giving my time to my community and speaking up and participating to try an make Stockton a better place for all.
Jeff M Sanguinetti
ATTACHMENT A 755
Please state the reason you would like to be a member of this board/commission.
As expressed above I enjoy participating and giving my time to the commissions I serve on. I have previously served 4 years as a Planning Commissioner for my council district and would like to serve again for the Mayor Elect. Currently planning commission is in the middle of a very important task recommending an update to the City's Development Code to the City Council along with other important planning issues that will also come up. So with my engineering & planning background I feel that I provide a good check and balance to a planning commission that provides recommendations to the City Council along with helping other Planning Commissioners understand the planning process. My goal would be to as a Commissioner to provide as much feedback as possible to help provide a better Development Code that everybody can benefit from and make our City a better place to live and raise our families. Also to provide support on other planning issues given my background and experience.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I have been in the following appointed positions: 1) Children's Home Board Member (1993- 2003) 2) COS Development Oversight Commissioner (Beginning to End) 3) SJ County Board of Housing Appeals (1994 - 2021) 4) COS Charter Revision Commissioner (Beginning to End) 5) COS Water Advisory Group (Beginning + 10 years) 8 when 1st formed and currently 2 yrs since appointed again 6) COS Planning Commissioner (4 yrs, 2019-2023) How did you hear about the position?
I follow the elections and community Boards & Commissions along with understanding the codes & policies that relate to being a Board Member and/or Commissioner.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
If yes, please explain
Yes, my Engineering Business does potentially have a conflict of interest for a specific project that I recuse myself from. the City Attorney and staff are fully aware. During my previous Commissioner appointment it really didn't come up very often and when it did I always recused myself and/or discussed it directly with the City Attorney to ensure any potential conflict was not an issue.
Background Information
Jeff M Sanguinetti
ATTACHMENT A 756
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Because only potential projects with a conflict of interest have a direct impact on my income and I am required to recuse myself of making decisions affecting those projects. As for existing properties or investments, they already exist and based on my best judgement I have not seen one instance that I have encountered that decisions I have been involved in on all the Commissions/Boards that I have served on has there been any benefit to me or my spouse directly related to my decisions.
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
JMS
Date Signed
12/13/24
Jeff M Sanguinetti
ATTACHMENT A 757
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTMENT FOUR MEMBERS TO THE STOCKTON PLANNING
COMMISSION
Position on the Planning Commission are directly appointed by City Councilmembers with terms that coincide with the appointment Councilmember; and Three terms on the Planning Commission expire on January 31, 2025; and Newly elected Councilmembers Ponce, Enriquez, Vice Mayor Jason Lee, and Mayor Fugazi have reviewed applications and made nominations for appointment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The following applicants are found to have met the criteria for appointment and are authorized to serve as a member of the Planning Commission for a term to commence on February 1, 2025, and ending January 31, 2029:
District 2: Derek Graves
District 4: William Muetzenberg
District 6: Yolanda Amen
Mayoral: Jeff Sanguinetti
2. The City Manager is authorized to take such other actions as are appropriate to carry out the intent of this Resolution.
PASSED, APPROVED and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERIN ROLAND, CMC, CPMC
City Clerk of the City of Stockton
758
City of Stockton
Legislation Text
File #: 24-1270, Version: 1
APPOINTMENTS TO CITY COMMITTEES AND COMMISSIONS
RECOMMENDATION
Resolution ratifying Councilmember and Mayoral appointments to the Charter Review Advisory Commission, Community Development Committee, Measure A Citizens’ Advisory Committee, Measure M Strong Communities Advisory Committee, Measure W Oversight Committee, and Water Advisory Group
DISCUSSION
Background
The November 5, 2024, General Election elected Councilmember Mariela Ponce to District 2, Councilmember Mario Enríquez to District 4, Councilmember Jason Lee to District 6, and Mayor Christina Fugazi At Large. Positions on the Charter Review Advisory Commission, Community Development Committee, Measure A Citizens’ Advisory Committee, Measure M Strong Communities Advisory Committee, Measure W Oversight Committee, and Water Advisory Group coincide with the terms of the recently elected Councilmembers. Additionally, District 1 has a vacancy on Measure W Oversight Committee.
Charter Review Advisory Commission
This is an advisory body that reports to the Charter Review Ad-Hoc Committee. The Commission has been tasked with a specific scope of work, concrete deliverables, and a time schedule for project completion that coincides with certain scheduled upcoming elections. The Charter Review Advisory Commission was established by Council Resolution 2023-10-24-1502 and is comprised of seven appointees, each chosen by a City Council member, including the Mayor.
Measure A Citizens Advisory Committee
The mission of the Committee is to oversee the expenditure of revenues generated by Measure A and to make recommendations to the City Council regarding those expenditures as set forth in Measure B. Each member of the City Council shall nominate one member to the Committee. The members nominated are not required to be from specific Council Districts.
Measure W Oversight Committee
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File #: 24-1270, Version: 1
The Measure W Oversight Committee was established April 26, 2005, by City Council Resolution 05- 0171 pursuant to the Stockton Safe Neighborhood Gang and Drug Prevention Police/Fire Response Measure Program Guidelines. The Committee is tasked with insuring that monies received from the sales and use tax enacted based on Measure W are being spent in accordance with the requirements outlined in the Measure. The Committee considers oral reports by City staff and other involved persons concerning the use of Measure W monies, reviews the annual audit and adopts an annual report which is presented to the City Council.
Strong Communities Advisory Committee
On June 7, 2016, the Stockton City Council adopted Resolution 2016-06-07-1212 to adopt an Ordinance imposing a ¼ cent sales tax and authorizing the formation of a Citizens’ Advisory Committee through Ordinance 2016-06-07-1212 contingent upon voter consideration and approval at the November 8, 2016, general municipal election (Measure M). Members of the Committee shall be appointed by the City Council to serve two-year terms. As stated in the Ordinance, the Advisory Committee shall meet annually to review the expenditure of revenues generated by the tax and make recommendations to the City Council regarding those expenditures.
Water Advisory Group
The function of this body is to advise the Council Water Committee on current and future water issues impacting water, wastewater, and storm water utilities for the City of Stockton, including the review of the Department of Municipal Utilities monthly Operations and Maintenance Report. Each member of the City Council shall nominate one member to the Group. The members nominated are not required to be from specific Council Districts.
Present Situation
The newly elected Councilmembers have received applications to fill positions on these committees/commissions. Their recommendations listed below for appointment are being presented for ratification by the Council this evening.
Charter Review Advisory Commission appointments to commence February 1, 2025, and end December 31, 2025:
At Large: Jeff Sanguinetti
District 4: Colleen Keenan
District 6: Jesusita Gonzalez
Measure A Citizens Advisory Committee appointment to commence February 1, 2025, and end January 31, 2029:
At Large: Tracie Glaves
District 2: Ned Leiba
District 4: Julie Dunning
District 6: Anthony Sprague
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File #: 24-1270, Version: 1
Measure W Oversight Committee appointments to commence February 1, 2025, and end January 31, 2029:
At Large: LanPhuong Nguyen
District 4: Matthew Amen
District 6: Michele Sherman
Strong Communities Advisory Committee appointment to commence February 1, 2025, and end January 31, 2027:
At Large: Max Beas
District 4: Dan Richardson
District 5: Richard Stoeckl
District 6: Natasha Brown
Water Advisory Group appointments to commence February 1, 2025, and end January 31, 2026:
At Large: Satnam Singh
District 4: Davis Harper
District 6: Pat Barrett
FINANCIAL SUMMARY
There is no remuneration for service on the above-mentioned Committees.
Attachment A - Charter Review Advisory Applications
Attachment B - Measure A Applications
Attachment C - Measure W Applications
Attachment D - Strong Communities Applications
Attachment E - Water Advisory Group Applications
City of Stockton Page 3 of 3 Printed on 1/16/2025
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Submit Date: Jan 15, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Jeff M Sanguinetti
Stockton CA
Jeff M Sanguinetti
ATTACHMENT A 762
If yes, please list
WAG
Which Boards would you like to apply for?
Charter Review Advisory Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a 5th Generation. My Grandfather was Angelo Sanguinetti and Mayor/City Council person in the late 40's and involved in City politics right up to his death in 1987. My dad worked for the City of Stockton Public Works Dept from 1960-1965 and then formed the present company I operate today in 1967. He was heavily involved in local politics and urban development throughout his live until his death in 2000. I grew in the engineering/survey business, attended Franklin High School, Delta College, Skyline College & SF State, married since 1984 and have 3 children & 2 grand children. 2 of my children have full time jobs. The oldest works for the Port of Stockton Police Dept and my daughter is a Civil Engineer in the Bay Area. My youngest is UNR. As eluded too I have grown up here and love my City, have served on numerous boards since the early 90's, The Children's Home Board, County Housing Board of Appeals, City Charter Revision Commission, Development Oversight Commission, Water Advisory Group, Planning Commissioner and have participated in numerous Planning Commission meeting through out my life along with other group meetings. In lieu of just contributing money, which I do not have a lot of to give I find pleasure in giving my time to my community and speaking up and participating to try an make Stockton a better place for all.
Jeff M Sanguinetti
ATTACHMENT A 763
Please state the reason you would like to be a member of this board/commission.
As expressed above I enjoy participating and giving my time to the commissions I serve on. I have previously served 4 years as a Planning Commissioner for my council district and would like to serve again for the Mayor Elect. Currently planning commission is in the middle of a very important task recommending an update to the City's Development Code to the City Council along with other important planning issues that will also come up. So with my engineering & planning background I feel that I provide a good check and balance to a planning commission that provides recommendations to the City Council along with helping other Planning Commissioners understand the planning process. My goal would be to as a Commissioner to provide as much feedback as possible to help provide a better Development Code that everybody can benefit from and make our City a better place to live and raise our families. Also to provide support on other planning issues given my background and experience.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I have been in the following appointed positions: 1) Children's Home Board Member (1993- 2003) 2) COS Development Oversight Commissioner (Beginning to End) 3) SJ County Board of Housing Appeals (1994 - 2021) 4) COS Charter Revision Commissioner (Beginning to End) 5) COS Water Advisory Group (Beginning + 10 years) 8 when 1st formed and currently 2 yrs since appointed again 6) COS Planning Commissioner (4 yrs, 2019-2023) How did you hear about the position?
I follow the elections and community Boards & Commissions along with understanding the codes & policies that relate to being a Board Member and/or Commissioner.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
If yes, please explain
Yes, my Engineering Business does potentially have a conflict of interest for a specific project that I recuse myself from. the City Attorney and staff are fully aware. During my previous Commissioner appointment it really didn't come up very often and when it did I always recused myself and/or discussed it directly with the City Attorney to ensure any potential conflict was not an issue.
Background Information
Jeff M Sanguinetti
ATTACHMENT A 764
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Because only potential projects with a conflict of interest have a direct impact on my income and I am required to recuse myself of making decisions affecting those projects. As for existing properties or investments, they already exist and based on my best judgement I have not seen one instance that I have encountered that decisions I have been involved in on all the Commissions/Boards that I have served on has there been any benefit to me or my spouse directly related to my decisions.
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
JMS
Date Signed
12/13/24
Jeff M Sanguinetti
ATTACHMENT A 765
Submit Date: Dec 06, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Charter Review Advisory Commission: Submitted
Colleen J Keenan
Stockton CA
Colleen J Keenan
ATTACHMENT A 766
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
In the past I served on the Stockton school Board (2012-2016), I currently serve on the School Bond Oversight Committee. I am a a member of this community and I care what happens here. I am also a concerned taxpayer.
Please state the reason you would like to be a member of this board/commission.
I would like to be more involved in the direction of the city.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
I have seeMy new Councilperson Mario Enriquez informed me about this and suggested it to me.
Colleen J Keenan
ATTACHMENT A 767
Upload a Resume
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
cjk
Date Signed
7/12/24
Colleen J Keenan
ATTACHMENT A 768
Submit Date: Dec 16, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Charter Review Advisory Commission: Submitted
Jesusita G Gonzalez
Stockton CA
Jesusita G Gonzalez
ATTACHMENT A 769
Upload a Resume
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I have been married to my husband for over thirty-one years. I am a mother of two and a grandmother of three. I have lived in Stockton most of my life. I just want to see better changes to Stockton for the future of our kids.
Please state the reason you would like to be a member of this board/commission.
I have a passion for my city Stockton. I feel I can help make it better.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
I heard about this Position through Jason Lee the new District 6 Council Member.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Jesusita G Gonzalez
ATTACHMENT A 770
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
JG
Date Signed
12/16/2024
Jesusita G Gonzalez
ATTACHMENT A 771
Submit Date: Jan 16, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
If yes, please list
SPD CAB
Tracie Lynn Glaves
Stockton CA
Tracie Lynn Glaves
ATTACHMENT B 772
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
As the founder and administrator of SJ Delta Neighborhood Watch we struggle with the City failing to support and community out reach.
Please state the reason you would like to be a member of this board/commission.
I would like to think we could improve on the City's community out reach to promote community involvement. Knowledge is power
Have you served on an advisory group before?
Yes No
If yes, please explain.
Measure W
How did you hear about the position?
Mayor outreach
Tracie Lynn Glaves
ATTACHMENT B 773
Upload a Resume
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
TG
Date Signed
1/15/2025
Tracie Lynn Glaves
ATTACHMENT B 774
Submit Date: Nov 18, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
White (Not Hispanic Origin)
What district do you live in? *
District 5
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Ned Leiba
Stockton CA
Ned Leiba
ATTACHMENT B 775
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
None Selected
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
See my attached selected professional qualifications. Also my statement of reason I want to be appointed to the Measure A Committee. I served on the initial Measure A Committee.
Please state the reason you would like to be a member of this board/commission.
I have been concerned about the financial condition of Stockton and hope my efforts will help the council and City Staff address effectively some of the causes of our fiscal problems.
As a Member of the Oversight Committee, I hope to provide some assurance to the voters that measure A tax funds will be used as intended.
Have you served on an advisory group before?
Yes No
Ned Leiba
ATTACHMENT B 776
Upload a Resume
If yes, please explain.
Community Development Block Grant Committee; Magnolia Historic District Neighborhood Advisory Board; Measure A Committee.
How did you hear about the position?
Email from City Clerk, Posting on City Website.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
None.
Enter Your Initials:
N.L.
Ned Leiba
ATTACHMENT B 777
Date Signed
November 17, 2024
Ned Leiba
ATTACHMENT B 778
Submit Date: Dec 07, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Julie M Dunning
Stockton CA
Julie M Dunning
ATTACHMENT B 779
If yes, please list
Measure M - Strong Communities
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Activist for the Visual Environment, Public Art, or Regional/National Individual Artists' work
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Julie M Dunning
ATTACHMENT B 780
Please tell us about yourself and why you want to serve.
I am retired from the State of California after a 35+ year career where the majority of my time was spent as the District 10 Director of Administration, acting District Director, and later at the HQ level as Chief of Strategic Planning and Performance Management. While performing my duties as Director of Admin, I became proficient in budgetary oversight. I have a keen sense for fiscal responsibility, and a passion for governmental transparency and accountability. Additionally, during my 35-year career, I had extensive involvement in capital project planning and development where I had to work closely with cities and counties on the development and implementation of local and regional matters. This work required a working knowledge of policies, rules, and regulations and how to interpret and apply them. I truly enjoyed my time as a civil servant and like to stay active/informed by attending various Council and committee meetings. I am very interested in City of Stockton’s governance and would like to serve my community at the local level.
Please state the reason you would like to be a member of this board/commission.
I have a keen interest in the betterment and future development of the City of Stockton. I want to use my 35 years of professional government experience to help Stockton become a safer, healthier, vivacious city through mindful expenditure of available resources and prudent planning decisions. I want to help ensure that the special tax collected is being dispersed and applied as the voters intended. I want to help facilitate transparency and accountability in the programs, policies, and resources of the city to maintain a city that is progressive, yet fair and equitable to all its citizens.
Have you served on an advisory group before?
Yes No
If yes, please explain.
During my years of employment with the state I served on various internal and external advisory committees. Some were for process improvements; others were for providing recommendations on implementation of new policies/procedures, and others were topic or project specific citizen's advisory groups.
How did you hear about the position?
Various outreach efforts from the City Clerk's office and my new elected councilmember.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Julie M Dunning
ATTACHMENT B 781
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
None
Enter Your Initials:
jd
Date Signed
12-7-2024
Julie M Dunning
ATTACHMENT B 782
Submit Date: Dec 20, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Anthony Sprague
Stockton CA
Anthony Sprague
ATTACHMENT B 783
Which Boards would you like to apply for?
Measure A Citizens' Advisory Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
My main concern is PUBLIC SAFETY in Stockton and Weston Ranch. I admin a Facebook page Weston Ranch Crime Watch https://www.facebook.com/groups/1225186125054652, I am very aware of what happens in the community. I have a strong relationship with all the retail vendors in District 6, I have interviewed and visited them all personally to get the story and history of their interactions with law enforcement and fire in terms of services and their input on how we can improve the communication. I regularly attend the city council meeting and all the police and county meetings in Weston Ranch, I led the effort in getting the Big Box Band repealed after 17 years on the books here in Stockton. My interest is specifically focused on Public Safety in Stockton and improving the quality of life and safety for all Stockton residents. .
Anthony Sprague
ATTACHMENT B 784
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
I am familiar with working in city government in the past. I am already involved in the community, helping bridge the information gap between the public and SPD, I am also a VERY STRONG advocate for law enforcement and understand those challenges from the inside out. Lastly I would like to see, help, finance the addition of police and firefighters to the force in Stockton. To ensure the funds available have the max returns for our first responders and if possible return some of the benefits lost to SPD and SFD during the budget cuts, i.e. medical, pensions, special duty pay etc. through the effective use of Measure W and Measure A funds.
Have you served on an advisory group before?
Yes No
If yes, please explain.
CUAD, Measure W, Stockton Crime Stoppers
How did you hear about the position?
Was looking for the Measure A board member but it is full at the moment.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Anthony Sprague
ATTACHMENT B 785
Submit Application
Enter Your Initials:
ADS
Date Signed
10/23/2023
Anthony Sprague
ATTACHMENT B 786
Submit Date: Jan 09, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 1
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Lanphuong Nguyen
STOCKTON CA
Lanphuong Nguyen
ATTACHMENT C 787
Which Boards would you like to apply for?
Measure W Oversight Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Interests & Experiences
Lanphuong Nguyen
ATTACHMENT C 788
Please tell us about yourself and why you want to serve.
I came to the U.S. from South Vietnam in 1990 with my parents and siblings as political refugees. My father was a prisoner of war by the Communist Vietnam government. We have settled in Stockton since. When I was studying English at San Joaquin Delta College, I actively involved in student government and got elected Vice President, then President of Student Government at Delta College. I also involved in the Asian American community in Stockton and within California and the U. S. I obtained my bachelor's degree in economics at the American University in Washington, DC and had completed all classes for the Master of Arts in Economics at the same school. I am currently working on a Master of Arts for Political Science at the California State University in Sacramento. I am currently President of the San Joaquin Chapter of the Asian Pacific American Public Affairs Association. We host candidate Forum, Townhall, and do voter registration and voter education for the Asian American community. The Asian American community in Stockton makes up 20% of the population and is growing. But our representation in the community is still not visible. We face challenges and concerns that have not been heard and addressed by the city. I feel the need to increase our representation in the city, and I am looking to be a voice for the Asian American community and Stockton community.
Please state the reason you would like to be a member of this board/commission.
I have heard from the Asian American community about their pressing public safety concern.
Many Asian American businesses experienced break-in, and they were afraid to report to the police. My house was burglarized once, and the police did not show up until the next day.
People express that the city need to have more police patrol. I wish to learn more about Measure W and how effective the fund from Measure W is being used for public safety in Stockton.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I have served as Student Representative on the President's Council at San Joaquin Delta Community College. I also have served on various advisory groups within Vietnamese and Asian communities in Stockton, California and Connecticut.
How did you hear about the position?
Mayor-Elect Christina Fugazi suggests I should apply for the position.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Lanphuong Nguyen
ATTACHMENT C 789
Upload a Resume
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
LPN
Date Signed
01/09/2025
Lanphuong Nguyen
ATTACHMENT C 790
Submit Date: Nov 27, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
Black/Filipino
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Matthew N Amen
Stockton CA
Matthew N Amen
ATTACHMENT C 791
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Measure W Oversight Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Activist for the Visual Environment, Public Art, or Regional/National Individual Artists' work
Knowledge of new artistic & design expressions
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Understanding of the Stockton Public Art Plan processes and implications for the City of Stockton
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Interests & Experiences
Matthew N Amen
ATTACHMENT C 792
Please tell us about yourself and why you want to serve.
I am deeply connected to Stockton as a passionate advocate for our city’s growth and prosperity. As a mixed Filipino and African American queer individual, I bring a unique perspective that reflects the diversity of our community. I’ve dedicated much of my time to fostering creativity and collaboration in Stockton, including organizing events like The LYTE, which provides a platform for local artists to showcase their talent, and contributing to various community art and resource-driven projects. I want to serve on the Planning Commission to represent District 4 because I believe in thoughtful, inclusive planning that prioritizes the needs of our residents while fostering sustainable growth. Stockton is a city with immense potential, and I want to contribute to decisions that create equitable opportunities, strengthen neighborhoods, and celebrate our city’s diversity. My background in community engagement, project coordination, and grassroots organizing equips me to bring a collaborative, solutions-oriented approach to the Planning Commission. I am committed to ensuring Stockton’s growth benefits all its residents while preserving the spirit of our community.
Please state the reason you would like to be a member of this board/commission.
I am passionate about fostering equitable growth and thoughtful development in Stockton.
Joining the Planning Commission for District 4 provides an opportunity to actively contribute to shaping the future of our city in a way that reflects the needs, aspirations, and diversity of its residents. As someone deeply engaged in community projects and initiatives, I have seen firsthand the importance of intentional planning in creating vibrant neighborhoods and improving quality of life. I believe my experience with grassroots organizing, creative project management, and community advocacy equips me to bring a unique and valuable perspective to the commission. My goal is to ensure that the voices of District 4 residents are heard and that every decision made benefits the community as a whole. I am committed to fostering collaboration between stakeholders, addressing challenges like housing and infrastructure, and championing sustainable, inclusive solutions that honor Stockton’s history while advancing its future.
Have you served on an advisory group before?
Yes No
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Matthew N Amen
ATTACHMENT C 793
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
MNA
Date Signed
11/27/2024
Matthew N Amen
ATTACHMENT C 794
Submit Date: Dec 16, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Michele J Sherman
Stockton CA
Michele J Sherman
ATTACHMENT C 795
If yes, please list
BOD Greater Stockton Chamber of Commerce CAB Chief of Police Advisory Board Which Boards would you like to apply for?
Measure W Oversight Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I hold a Master’s degree in Public Administration and have a strong background in community service and leadership. Currently, I serve as a board member for the Greater Stockton Chamber of Commerce and sit on the advisory board for the Chief of Police.
Additionally, I lead a nonprofit organization dedicated to making a positive impact in our community. Through these experiences, I have developed a deep understanding of organizational governance, community engagement, and public service. Serving on the Board of Commissions would allow me to further contribute my skills and passion to benefit our community and help address critical issues with effective solutions.
Michele J Sherman
ATTACHMENT C 796
Please state the reason you would like to be a member of this board/commission.
I am honored to have been appointed by a council member, which reflects their confidence in my ability to serve effectively. This opportunity allows me to use my expertise and passion to address important community issues, foster collaboration, and work toward solutions that benefit all residents.
Have you served on an advisory group before?
Yes No
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
MJS
Date Signed
12/16/2024
Michele J Sherman
ATTACHMENT C 797
Submit Date: Jan 10, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Maximiliano Beas
Stockton CA
Maximiliano Beas
ATTACHMENT D 798
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I was born and raised in Stockton, CA. My GOAL is to continue to be a Community Leader and better the lives of our constituents.
Please state the reason you would like to be a member of this board/commission.
Simply in my own family there are dozens of kids and teenagers that always find themselves with nothing to do after school. I know this firsthand because I have 3 teenage kids that live with me, and it is a struggle to keep them busy and out of trouble.
Have you served on an advisory group before?
Yes No
Maximiliano Beas
ATTACHMENT D 799
How did you hear about the position?
saw it online
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
None
Enter Your Initials:
MB
Date Signed
01/10/2025
Maximiliano Beas
ATTACHMENT D 800
Submit Date: Dec 09, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Daniel W Richardson
Stockton CA
Daniel W Richardson
ATTACHMENT D 801
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am retired now and have found being involved with City Council to be rewarding. I want to do what I can to support the people of Stockton. To continue to improve the quality of life and the future of Stockton. Being involved with a number of Stockton Police Officers has been informative and I want to be more involved with public safety.
Please state the reason you would like to be a member of this board/commission.
I want to contribute to the future of Stockton. This includes quality of life and safety. I feel it is important to understand how the city spends its tax dollars, and that this is done responsibly.
Have you served on an advisory group before?
Yes No
Daniel W Richardson
ATTACHMENT D 802
Upload a Resume
How did you hear about the position?
I was asked if I would be interested in this position by Mario Enriquez. He was recently elected to serve as my District 4 Councilman.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
DWR
Date Signed
12-9-24
Daniel W Richardson
ATTACHMENT D 803
Submit Date: Jan 09, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Richard E Stoeckl
Stockton CA
Richard E Stoeckl
ATTACHMENT D 804
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I want to serve my community by putting my heart into action Please state the reason you would like to be a member of this board/commission.
I am hopeful that my perspective and energy could serve on this committee Have you served on an advisory group before?
Yes No
How did you hear about the position?
Councilmember Brando Villapudua
Richard E Stoeckl
ATTACHMENT D 805
Upload a Resume
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:
NA
Enter Your Initials:
R.E.S
Date Signed
01/09/2025
Richard E Stoeckl
ATTACHMENT D 806
Submit Date: Dec 16, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
If you have checked “No”, please identify how you prefer to be contacted:
2099107111
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Strong Communities Advisory Committee: Submitted
Natasha Brown
Stockton CA
Natasha Brown
ATTACHMENT D 807
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
Hi my name Natasha brown I been living in district 6 for 37 years I love my community I thrive and attend to help my community reach its goal I'm very involved in committed to my community
Please state the reason you would like to be a member of this board/commission.
I will like to be a member to achieve the goals to work with the community for better safer community's I love what I do in the community with the youth and families I been workin in my community for over 10 years
Have you served on an advisory group before?
Yes No
How did you hear about the position?
City council Jasonlee
Natasha Brown
ATTACHMENT D 808
Upload a Resume
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
Nb
Date Signed
12/16/2024
Natasha Brown
ATTACHMENT D 809
Submit Date: Jan 09, 2025
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Water Advisory Group: Submitted
Satnam Singh
Stockton CA
Satnam Singh
ATTACHMENT E 810
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Water Advisory Group
Do you reside within one of the Stockton Municipal Utilities' three utility service areas?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
Coming from a farming background and having observed the water crisis in regions like Punjab, India, I am passionate about addressing the ongoing challenges related to water supply, agriculture needs and environmental concerns.
Please state the reason you would like to be a member of this board/commission.
Having witnessed the water crisis in Punjab, India, where groundwater depletion, pollution, and climate change are escalating, I recognize the need for a more integrated approach to water management in Stockton’s Delta. Both regions face similar challenges, including water scarcity, inadequate infrastructure, and the pressures of climate change, which threaten agricultural productivity and the long-term sustainability of water resources.
Have you served on an advisory group before?
Yes No
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Satnam Singh
ATTACHMENT E 811
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
SS
Date Signed
01/08/2025
Satnam Singh
ATTACHMENT E 812
Submit Date: Dec 11, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Davis Harper
Stockton CA
Davis Harper
ATTACHMENT E 813
If yes, please list
Ava Community Energy Community Advisory Committee
Which Boards would you like to apply for?
Water Advisory Group: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Water Advisory Group
Do you reside within one of the Stockton Municipal Utilities' three utility service areas?
Yes No
Question applies to Water Advisory Group
If yes, state which one:
Stockton Water, Sewer, and Stormwater
Interests & Experiences
Please tell us about yourself and why you want to serve.
Central Valley native and Stockton resident with a passion for building unlikely coalitions for win-win projects to maximize economic development, public health, and environmental benefits with Stockton community members. Writer, former journalist, environmental policy advocate, and advisory consultant to regional economic development planning efforts with strong passion for environmental justice.
Davis Harper
ATTACHMENT E 814
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
Interested in developing creative solutions to address water access, affordability, and quality issues. Seeking to offer my expertise in community organizing, grant writing / public fund development, environmental justice policy, and inclusive economic development advising.
Have you served on an advisory group before?
Yes No
If yes, please explain.
Representing Stockton on the Ava Community Energy Community Advisory Committee, focused on supporting projects and policies to build community energy resilience, result in cost savings for energy customers; and increase access to inclusive economic development opportunities in the clean energy sector.
How did you hear about the position?
Informed by District 4 council member
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Davis Harper
ATTACHMENT E 815
Submit Application
Enter Your Initials:
DH
Date Signed
12/11/2024
Davis Harper
ATTACHMENT E 816
Submit Date: Dec 18, 2024
Email Address
First Name Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
Latinx White
What district do you live in? *
District 6
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
If you have checked “No”, please identify how you prefer to be contacted:
n/a
Employer Address
Patricia Barrett
Stockton CA
Patricia Barrett
ATTACHMENT E 817
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
If yes, please list
Mayor's Roundtable on ADA
Which Boards would you like to apply for?
Water Advisory Group: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Water Advisory Group
Do you reside within one of the Stockton Municipal Utilities' three utility service areas?
Yes No
Question applies to Water Advisory Group
If yes, state which one:
Calwater
Interests & Experiences
Please tell us about yourself and why you want to serve.
Lived in stockton for 15 yrs, retired, part time self employed, work in mental health advocate for South Stockton and marginal populations
Patricia Barrett
ATTACHMENT E 818
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
Doing my civic duty and represent district 6 Councilmember Have you served on an advisory group before?
Yes No
If yes, please explain.
Mayor's Task Force for People with Disabilities Taft Community Advisory Board Tri City Homeless Coalition, Alameda county SJC Behavioral Health Services Behavioral Health Board How did you hear about the position?
Councilmember Jason Lee
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
If yes, please explain
n/a
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Patricia Barrett
ATTACHMENT E 819
Submit Application
Please identify any specialized accommodations needed for equal participation:
n/a Service dogs
Enter Your Initials:
PB
Date Signed
11082023
Patricia Barrett
ATTACHMENT E 820
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING MEMBERS TO THE CHARTER REVIEW
ADVISORY COMMISSION, MEASURE A CITIZENS ADVISORY COMMITTEE,
MEASURE W OVERSIGHT COMMITTEE, STRONG COMMUNITIES ADVISORY
COMMITTEE, AND WATER ADVISORY GROUP
Positions on these boards and commissions are directly appointed by City Councilmembers with terms that coincide with the appointing Councilmember; and Terms on these boards and commissions have expired; and Councilmembers Mariela Ponce, Mario Enríquez, Brando Villapudua, Vice Mayor Jason Lee, and Mayor Christina Fugazi have reviewed applications and have made nominations for appointments; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Charter Review Advisory Commission with appointments to commence February 1, 2025, and end December 31, 2025:
At Large: Jeff Sanguinetti
District 4: Colleen Keenan
District 6: Jesusita Gonzalez
2. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Measure A Citizens Advisory Committee with appointments to commence February 1, 2025, and end January 31, 2029:
At Large: Tracie Glaves
District 2: Ned Leiba
District 4: Julie Dunning
District 6: Anthony Sprague
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3. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Measure W Oversight Committee with appointments to commence February 1, 2025, and end January 31, 2029:
At Large: LanPhuong Nguyen
District 4: Matthew Amen
District 6: Michele Sherman
4. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Strong Communities Advisory Committee with appointments to commence February 1, 2025, and end January 31, 2027:
At Large: Max Beas
District 4: Dan Richardson
District 5: Richard Stoeckl
District 6: Natasha Brown
5. The following nominated members are found to meet the criteria for appointment and are authorized to serve as members on the Water Advisory Group with appointments to commence February 1, 2025, and end January 31, 2026:
At Large: Satnam Singh
District 4: Davis Harper
District 6: Pat Barrett
PASSED, APPROVED and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
822
City of Stockton
Legislation Text
File #: 24-1287, Version: 1
ADOPT A RESOLUTION APPOINTING MEMBERS TO THE COMMUNITY DEVELOPMENT
COMMITTEE
RECOMMENDATION
It is recommended that City Council adopt a resolution ratifying appointments to the Community Development Committee
DISCUSSION
Background
The Community Development Committee is a committee that provides the Council with recommendations on the planning and use of funds that the City receives from the U.S. Department of Housing and Urban Development, including Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant funds. As provided for in the Council-adopted Citizen’s Participation Plan, appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor. The only requirement to serve on the Committee is that the applicant must be a resident of the City of Stockton Present Situation
It is recommended that the City Council ratify that Community Development Committee position held by Kevin Redick, District 2 which has been vacated due to violation of the attendance policy as prescribed in Council Policy 3.03.010 (Attachment A)
Due to the resignations of members from District 3, District 6, and At Large there are vacancies for the District 3, District 6, and At Large Appointments.
Councilmember Blower reviewed active applications on file received by the Clerk’s office and is nominating Matthew Wood for appointment for a term effective immediately and will end January 31, 2027.
Vice Mayor Lee reviewed active applications on file received by the Clerk’s Office and is nominating Anitra Williams for appointment for a term effective immediately and will end January 31, 2029.
Mayor Fugazi reviewed active applications on file received by the Clerks office and is nominating Christopher Bright-Cannon for appointment for a term effective immediately and will end January 31, 2029.
FINANCIAL SUMMARY
There is no direct fiscal impact with this appointment as the members of this committee receive no City of Stockton Page 1 of 2 Printed on 1/16/2025
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823
File #: 24-1287, Version: 1
remuneration.
Attachment A - CPM Attendance Policy
Attachment B - Redacted Applications
City of Stockton Page 2 of 2 Printed on 1/16/2025
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§ 3.03.010 Policy.
1) For any Board, Commission and Committee (hereafter "Commission") that meets more than once a month, a Commissioner's absence from either three consecutive meetings or five or more meetings in any 12-month period shall result in the position being vacated, subject to City Council ratification as provided in this section. For any Commission that meets once a month or less frequently, a Commissioner's absences from 25% or more of the meetings in any 12-month period shall result in the position being vacated, subject to City Council ratification as provided in this section. Meetings that are cancelled due to lack of quorum prior to the meeting date will be included in this attendance policy. 2) Excused absences shall include illness or other medical reasons, work related conflicts and scheduled vacations when notice is provided at least 30 days in advance. The assigned staff support person of the particular Commission shall determine if the absence is excused; provided a commissioner provides reasonable notice in writing, including 30 days' notice of scheduled vacation, of the absence to the staff person assigned to the Commission.
3) The staff person assigned to the Commission shall record the attendance of Commissioners in a uniform format as shown on Board/Commission/Committee Attendance Report and submit the report to the City Clerk’s Office. The Clerk’s Office shall provide Attendance Reports to the City Council on a quarterly basis. As to any Commissioner who is a Councilmember's direct appointment, if the attendance record of that Commissioner is such that absences would result in the position being vacated, the Clerk’s Office shall notify the Councilmember from that district of the Commissioner's attendance record. If the attendance records indicate that any Commissioner has exceeded the number of absences as provided in subsection 1 above, the Councilmember may direct the Clerk’s Office to prepare a report to the City Council so stating and recommending that the City Council ratify that the position has been vacated. The City Council, at a regular meeting, shall consider the recommendation and take whatever action the City Council deems appropriate. If the City Council ratifies that the position has been vacated due to absences, the staff person shall notify any outside agency on which the Commissioner sat of the Council action.
4) The following Boards and Commissions are not directly appointed by City Council and require removal by their appointing bodies:
Stockton Arts Commission
Parks and Recreation Commission
Council Cultural Heritage Board
Salary Setting Commission
Attachment A 825
Submit Date: Nov 15, 2024
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Matthew Wood
Stockton CA
Matthew Wood
ATTACHMENT B 826
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to San Joaquin Regional Transit District Board Have you resided within the Transit District boundaries for at least one year? Yes No
Question applies to San Joaquin Regional Transit District Board Are you a resident of the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
My wife and I moved to Stockton to raise our family in February of 2021 during the pandemic. I work remotely for Ernst & Young, LLP currently out of the San Francisco and San Diego offices. I have two young sons (Norman 3 and Roman 2) who were recently born at St.
Joseph's and attend St. Luke's Pre-School. My wife Nicola Hughes family has lived in Stockton for 5 generations (Hurley and Busalacchi families) and she asked me if I'd be interested in getting involved in volunteering with the city and connected me with Michael Blower who recommend I apply for a board or commission of interest.
Please state the reason you would like to be a member of this board/commission.
Since my work life is remote and I don't know a wide variety of people in the Stockton Area outside of family, I thought it would be productive way I could connect with Stocktonian's and help bring some of my financial/analytical experience to help advise on city issues.as my wife and I are planning to be in Stockton for the foreseeable future I thought this would be a good way to get involved.
Matthew Wood
ATTACHMENT B 827
Upload a Resume
Have you served on an advisory group before?
Yes No
If yes, please explain.
In the past I have held several roles of treasurer for condo associations and been in finance roles for not for profit entities. This is my first time applying for any government advisory group.
How did you hear about the position?
I connect with Councilmember Michael Blower during his one-on-one community sessions who mentioned that serving on board/commission is a great way to get involved in the community.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
My wife and I do own interests in real property within the City of Stockton, but there is no immediate commission decision that I'm aware of that would affect these interests.
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.
Yes No
Matthew Wood
ATTACHMENT B 828
Submit Application
Enter Your Initials:
MPW
Date Signed
11/15/2024
Matthew Wood
ATTACHMENT B 829
Submit Date: Dec 16, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
Mixed Race
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Anitra L Williams
Stockton CA
Anitra L Williams
ATTACHMENT B 830
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I have been a resident of Stockton for more than 35 years. My formative years were spent residing in District 6. I am very interested in helping to rebuild South Stockton and in turn the city as a whole.
Please state the reason you would like to be a member of this board/commission.
I am vested in our youth and this committee will allow me to contribute in a meaningful way possibly reviewing and implementing programming which meets the needs of the community served.
Have you served on an advisory group before?
Yes No
Anitra L Williams
ATTACHMENT B 831
Upload a Resume
If yes, please explain.
I have served on Nurse Advisory boards for the state of California.
How did you hear about the position?
By a city councilperson.
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
If yes, please explain
I am the first cousin of D6 councilman
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
AW
Date Signed
12/16/24
Anitra L Williams
ATTACHMENT B 832
Anitra L Williams
ATTACHMENT B 833
Submit Date: Jan 13, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Christopher R Bright- Cannon
Stockton CA
Christopher R Bright- Cannon
ATTACHMENT B 834
Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am lifelong resident of Stockton, I have been studying how the government works, and I want to begin to become more civically involved within my community.
Please state the reason you would like to be a member of this board/commission.
I understand how non-profits work and I want to be able to ensure the people who need certain funding obtain it.
Have you served on an advisory group before?
Yes No
How did you hear about the position?
City website
Christopher R Bright- Cannon
ATTACHMENT B 835
Upload a Resume
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
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CC
Date Signed
01.13.2025
Christopher R Bright- Cannon
ATTACHMENT B 836
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING A MEMBERS TO THE COMMUNITY DEVELOPMENT COMMITTEE AND RATIFYING THE VACATED DISTRICT 2 POSITION Appointments to the Community Development Committee are made by each of the six Councilmembers and Mayor; and
The Community Development Committee District 2 position is in violation of the attendance policy as stated in Council Policy 3.03.010; and Resignations received from seated members for Districts 3, 6, and At Large created vacancies for District 3, 6, and At Large appointments; and Councilmember Blower, Vice Mayor Lee, and Mayor Fugazi have reviewed applications and made nominations for appointment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The District 2 position has been vacated; and
2. Matthew Wood is found to meet the criteria for appointment and is authorized to serve as a member representing District 3 on the Community Development Committee with and appointment to commence immediately and end January 31, 2027; and
3. Anitra Williams is found to meet the criteria for appointment and is authorized to serve as a member representing District 6 on the Community Development Committee with an appointment to commence immediately and end January 31, 2029; and
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837
4. Christopher Bright-Cannon is found to meet the criteria for appointment and is authorized to serve as a member representing At Large on the Community Development Committee with an appointment to commence immediately and end January 31, 2029
PASSED, APPROVED and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
838
City of Stockton
Legislation Text
File #: 24-1202, Version: 1
APPROVE MOTION TO AUTHORIZE A REFUND OF ENCROACHMENT PERMIT CHARGES -
AT&T CALIFORNIA
RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Authorizing a partial refund in the amount of $48,895.21 for fees connected to Encroachment Permit EP23-0985 paid by AT&T California.
2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
Summary
In February 2024, AT&T California paid $94,798.33 in permit fees for the installation of 25,581 lineal feet of new conduit in city right of way under EP23-0985 (Attachment A). Due to favorable conditions in the field, the installing contractor found several existing conduits that were vacant therefore reducing the construction costs to be installed to 12,319 lineal feet. AT&T California has requested a refund of fees paid for the lineal footage that was not installed in the City’s right of way. Because the full scope of work under permit EP23-0985 was never installed, staff recommends that the Council approve the requested refunds.
DISCUSSION
Background
AT&T California paid $94,798.33 for permit EP23-0985 (Attachment B). Due to the reduction in lineal footage during construction, AT&T California decided to pursue a refund for the difference in footage once the project was completed and accepted by Public Works Inspection. AT&T California submitted a refund request form in the amount of $48,895.21 (Attachment C) on October 1, 2024. A copy of the revised invoice is attached (Attachment D).
Refund Analysis
Per the adopted FY 2024/25 Fee Schedule, Utility(ies) Encroachment Permits up to 50 lineal feet are charged $547.00 with $3.25 for each additional linear foot thereafter. In addition to fees per lineal feet, there is a Technology Fee - Engineering of $.075 of the permit fee and Community Rating System Admin Fee of $0.06 of the permit fee.
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839
File #: 24-1202, Version: 1
The reduction of 13,262 lineal feet from the original permit reduced the Utility Line total by $43,101.50, therefore affecting and reducing the total of the Technology Fee by $3,232.62 and the Community Rating System Admin Fee by $2,586.09. A copy of the revised invoice is attached (Attachment D).
The City’s adopted Fee Schedule provides that refunds may be subject to a processing fee - 10% of refund total (not to exceed $25.00).
The calculated refund amount, minus the refund processing fee, amounts to $48,895.21 (see Table 1 below for a breakdown).
Table 1
EP23-0985
Fee Item Description Fees Paid Refund Amount
Utility Line - 25,581 LF $ 83,522.75 $ 43,101.50
Technology Fee $ 6,264.21 $ 3,232.62
Community Rating System Admin Fee $ 5,011.37 $ 2,586.09 Total $ 94,798.33
Refund $ 48,920.21
Processing Fee $ - 25.00
Total Refund $ 48,895.21
The general refund process under Stockton Municipal Code (SMC) 3.60.020 provides that refunds of $20,000 or more require City Council approval.
Because the original scope of work to install 25,581 lineal feet of conduit was reduced to 12,319 lineal feet, staff recommends that the Council approve the refund of $48,895.21 for the revised lineal footage (Attachment E).
FINANCIAL SUMMARY
There are sufficient funds available in the Development Services Fund to process this refund in the amount of $48,895.21 to AT&T California. There is no financial impact to the General Fund.
Attachment A - EP23-0985 Permit Cover
Attachment B - Original Permit Invoice
Attachment C - Refund Request Form
Attachment D - Revised Permit Invoice
Attachment E - Fee and Payment History
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840
Permit Number
APPROVED: BY THE DEPARTMENT DIRECTOR
Subject to the General Provisions and Special Conditions, and all work must conform to the project's approved Storm Water Pollution Prevention Plan or the most current version of the City of Stockton Storm Water Pollution Prevention Maintenance Staff Guide, whichever is applicable.
By: Date:
Associated Permit(s): Expiration:
I (or we) hereby apply for an Encroachment Permit to carry out the following work:
ATTENTION: Applicant/Contractor- you are responsible to replace all broken, damaged, and/or raised sidewalk, curb and gutter from score mark to score mark adjacent to the parcel; remove USA markings upon completion of the permitted work.
IMPORTANT: Applicant hereby agrees to comply with all provisions of this permit, as well as all applicable city ordinances, resolutions, Standards and Specifications currently in effect, and to pay to the City its actual cost for removal and proper replacement of any item which does not meet the above requirements. Failure to comply will be cause for revocation of this permit. Applicant agrees to indemnify and hold the City harmless against any and all losses, costs, or damages resulting from injury to persons, death of person or damage to property occurring at the site of, or as a result of, work to be performed under this permit. A certificate of insurance shall be on file with the City Risk Manager prior to issuance of this permit.
IF THE WORK DOES NOT COMMENCE WITHIN 72 HOURS OF THE ISSUANCE
OF A CONTROL NUMBER, THE CONTROL NUMBER WILL BECOME INVALID AND THE PERMITTEE SHALL CALL FOR A NEW CONTROL NUMBER. PRIOR TO
ANY REQUIRED INSPECTIONS, AS IDENTIFIED ON THE REVERSE SIDE OF THIS PERMIT, PERMITTEE SHALL CALL INSPECTIONS AT (209) 937·8381.
READ GENERAL PROVISIONS ON THE REVERSE SIDE OF THIS PERMIT BEFORE SIGNING. Print
Sign
Show sketch or refer to attached Drawing
Base Permit Fee $
Additional Footage Fee $
Misc. $
Misc. $
Misc. $
Total $
Special Conditions:
ENCROACHMENT PERMIT
ON PUBLIC RIGHT-OF-WAY
Applicant: Date:
Address:
City: State: ZIP:
Phone: E-mail:
WORK LOCATION:
Start Date: Completion Date:
OFFICIAL USE ONLY
Official Use Only
PERMIT NOT VALID WITHOUT A
CONTROL NUMBER
CALL (209) 937-8366 TO REQUEST A CONTROL NUMBER NO LESS THAN 24 HOURS, BUT NOT IN EXCESS OF 72 HOURS PRIOR TO START OF WORK.
CONTROL # __________________________
Kari Hernandez
Neighborhood bounded by W Hammer Ln Frontage Rd, Kelley Dr, and Richland Dr. Also includes Shoreham Pl
STREETS IN MORATORIUM: KELLEY DR, RICHLAND DR, SHOREHAM PL WORK DURATION -30 DAYS
Contact Christina Barreto Public works for required field meet prior to start at 209-937-8412
Call for control number after field meet 209-937-8366
Worksite must be USA'd prior to required field meet with Public Works Pothole all utilities
Install & RESTORE TO MORATORIUM STANDARDS
72hr no parking notice
coordinate with all property owners affected
42” min cover on street crossing
Must maintain an ADA path of travel at all times
8:30am to 4:30pm
<--- SEE LEFT
BORE PATH SUBJECT TO PW INSEPCTION AND
APPROVAL
EP23-0985
06/07/23
10/29/23
547.00
TECH FEE
CRS FEE
TRENCH FOOTAGE: 3,034 LF
BORE FOOTAGE: 22,547 LF
TOTAL FOOTAGE: 25,581 LF
6,262.21
5,011.37
94,798.33
82,975.75
AT&T CALIFORNIA-VALLEY PERMIT DESK 12/31/2022 1445 VAN NESS AVE FRESNO CA 93721 559 552-4608 [email protected] 06/01/23 09/29/23
PLEASE SEE THE ATTACHED PERMIT DRAWINGS FOR
AT&T JOB# A02EB6P.
7104, 7250, 7328, 7378 KELLEY DR; 2803 SUMAC
AVE; 2805 JASMINE AVE; 2803 BONNIEBROOK DR
DIG (196)4'X4' PITS, DIG (119)4'X6' PITS, DIG (62)2'X2' PITS, PLACE 14430' 1-4" DUCT VIA BORE, PLACE 313' 2-4" DUCT VIA BORE, PLACE 93' 3-4" DUCT VIA BORE, PLACE 7411' 1-2" DUCT VIA BORE, PLACE 161' 2-2" DUCT VIA BORE, PLACE 26' 3-2" DUCT VIA BORE, PLACE 733' 1-4" DUCT VIA TRENCH, PLACE 856' 2-4" DUCT VIA TRENCH, PLACE 113' 3-4" DUCT VIA BORE, PLACE 1247' 1-2" DUCT VIA TRENCH, PLACE 177' 2-2" DUCT VIA TRENCH, PLACE 21' 3-2" DUCT VIA TRENCH, PLACE (85) FLOWERPOTS, PLACE (28) NEW 10"X15"X12" SPLICEBOXES. SEE ATTACHED DOCUMENT FOR MORE WORK DESCRIPTION FOR AT&T JOB# A02EB6P.
ATTACHMENT A
841
INVOICE
Community Development Department
Record Number: EP23-0985
Site Address: KELLEY DR STOCKTON, CA
Parcel Number:
Invoice Date:
Invoice Number:
6/7/2023
233876
Detail Description: DIG (196) 4'X4' PITS, DIG (119) 4'X6' PITS, DIG (62) 2'X2' PITS. PLACE 22,547' OF DUCT VIA BORE.
PLACE 3,034' OF DUCT VIA TRENCH. PLACE (28) NEW SPLICEBOXES AND (85) FLOWER POTS.
ONE TIME EXTENSION 5/30/2024
Payment Details
Description Quantity Fee
Technology Fee - Engineering 1.00 $6,264.21
Community Rating System Admin Fee - Engineering 1.00 $5,011.37 Utility Lines 25,581.00 $83,522.75
Total Fee: $94,798.33
Step 1: Go to website:
Step 2: Search for your Record Number EP23-0985 using the search bar in the upper-right hand corner of the page.
Step 3: Click on “Payments”, then “Fees” in the drop-down list.
Step 4: Select the “Pay Fees” link to the right of the list of fees.
Step 5: Review the list of fees and select “Continue Application” at the bottom of the page . https://aca.accela.com/Stockton
Online Payment Instructions
hover over the “Pay Permit Fees” button, then click on
“Engineering”
(209) 937-8561
ORIGINAL INVOICE
ATTACHMENT B
842
Name and address listed on the first few lines will determine how the refund check is issued and where it will be mailed.
Refund may be subject to a processing fee - 10% of refund total (not to exceed $25.00).
Single refunds of $1,000-$19,999.99 require approval of the CFO (or designee) and Department Head (or designee). Refunds of $20,000 or more require City Council approval.
R
Community Development Department, Permit Center
City Hall 425 N. El Dorado Street Stockton, CA 95202-1977
REQUEST FOR REFUND
State Zip Code
Receipt #
Permit #
Name:
Address:
City
Telephone number:
Amount of refund requested:
Date paid to City:
Total amount paid:
Situs address:
Reason for requesting refund:
Contact Name:
I Certify under penalty of perjury that the information provided is true and correct.
Subscribed and sworn on this __________ day of __________________________ , 20 _____ _______________________________________________________________________ Customer Business Name
_______________________________________________________________________ Signature
FOR OFFICE USE ONLY
Approved by: _______________________________ Date: ________________ Department Head or Designee (If over $1,000.00) Approved by: _______________________________ Date: ________________ Chief Financial Officer or Designee (If over $1,000.00) Account No: _______________ ___________ ____________ ___________ Trust Accounts – please forward to Accounting for Approval Ext
(Revised 09/14/23)
Note:
See footnote
Net processing fee:
See footnote
$48,895.21
utility line footage was reduced during
installation from 25,581LF to 12,319LF
ATTACHMENT C
____________________________
____ $25.00
843
INVOICE
Community Development Department
Record Number: EP23-0985
Site Address: KELLEY DR STOCKTON, CA
Parcel Number:
Invoice Date:
Invoice Number:
10/15/2024
256711
Detail Description: DIG (196) 4'X4' PITS, DIG (119) 4'X6' PITS, DIG (62) 2'X2' PITS. PLACE 22,547' OF DUCT VIA BORE.
PLACE 3,034' OF DUCT VIA TRENCH. PLACE (28) NEW SPLICEBOXES AND (85) FLOWER POTS.
ONE TIME EXTENSION 5/30/2024
Payment Details
Description Quantity Fee
Technology Fee - Engineering 1.00 $3,031.59
Community Rating System Admin Fee - Engineering 1.00 $2,425.28 Utility Lines 12,319.00 $40,421.25
Total Fee: $45,878.12
Step 1: Go to website:
Step 2: Search for your Record Number EP23-0985 using the search bar in the upper-right hand corner of the page.
Step 3: Click on “Payments”, then “Fees” in the drop-down list.
Step 4: Select the “Pay Fees” link to the right of the list of fees.
Step 5: Review the list of fees and select “Continue Application” at the bottom of the page . https://aca.accela.com/Stockton
Online Payment Instructions
hover over the “Pay Permit Fees” button, then click on
“Engineering”
(209) 937-8561
REVISED INVOICE
utility line footage was
reduced during installation
from 25,581LF to 12,319LF
ATTACHMENT D
844
S:5 CITYOF
STOCKTON
FEE AND PAYMENT HISTORY
EP23-0985 - KELLEY DR, STOCKTON, CA
Fee Description
Technology Fee - Engineering
Community Rating System Admin Fee -
Engineering
Utility Lines
Receipt#
5136013
Tech Fee - Engineering
Revenue
Account Number Fee Amount
511004
521007
521008
Totals for Fees
Payment Method Check#
Other (Wire Transfer)
$3,031.59
$2,425.28
$40,421.25
$45,878.12
Comm Rating Sys Adm Fee - Engineering
Utility Lines
511004
521007
521008
Refund Processing Fee
Invoiced
$3,031.59
$2,425.28
$40,421.25
$45,878.12
Payor:
AT&T
/PRODUCTION/STOCKTON/FeeAndPaymentHistory _ V1 .rpt Print Date: 10/15/2024 Payment
Paid Date Paid Method Receipt#
$0.00
Receipt Date
02/07/2024
Total Payments:
Balance Due:
Receipt Amount
$94,798.33
$94,798.33
($48,920.21)
Due
$3,031.59
$2,425.28
$40,421.25
$45,878.12
5510-000-445009-220-221-10-55-000-000
5520-000-445008-220-221-10-55-000-000
5520-000-445010-220-221-10-55-000-000
5510-000-4 70001-220-221-10-55-000-000
ATTACHMENT E
845
City of Stockton
Legislation Text
File #: 24-1259, Version: 1
APPROVE MOTION TO AUTHORIZE A REFUND OF BUILDING PERMIT CHARGES - PAMELA
LEE MATLOCK
RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Authorizing a refund in the amount of $22,686.76 for fees connected with a building permit paid by Pamela Lee Matlock.
2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
Summary
In December 2022, Pamela Lee Matlock paid $28,489.19 in permit fees, Public Facilities Fees (PFF), and PFF administrative fees as well as $2,018.78 for plan review fees, in connection with a building permit to construct a new residence. Due to personal reasons, the applicant has decided not to move forward with the project and has requested a refund of fees paid for the building permit pursuant to the PFF refund and building permit refund processes. Because no work was completed on the permit, staff recommends that the Council approve the requested refund.
DISCUSSION
Background
On November 4, 2021, Pamela Lee Matlock paid $2,018.78 by check for plan review fees and on December 21, 2022, paid $28,489.19 by check for additional plan review fees, permit fees, and PFF fees on building permit BP21-08574. Due to personal reasons, Ms. Matlock decided to not pursue the building permit (BP21-08574) and submitted a request for refund (Attachment A). A copy of the original checks that were processed in November 2021 and December 2022 and details of the payment receipt are also included (Attachment B).
Refund Analysis
PFF fees are governed by State law, Section 16.72.260 of the Stockton Municipal Code (SMC), and City of Stockton Public Facilities Fees Guidelines.
Guidelines Section E - Refunds, provides:
"Refunds, less the administrative fee, will be made according to City procedures." City of Stockton Page 1 of 3 Printed on 1/16/2025
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846
File #: 24-1259, Version: 1
The City does not have a PFF-specific refund process but it does have a general refund process under SMC Section 3.60.020. That section requires that refunds over $20,000 be approved by City Council.
Additionally, buiding permit refunds are governed by SMC Section 15.04.280(I) which provides in subsection (2) as follows:
“The Building Official may authorize the refunding of the permit fee paid when no work has been done under a permit issued in accordance with this Code. The plan review fee shall be retained.”
Further, that section requires that all requests for refunds occur within 180-days of fee payment and any authorized extensions. Because no work was done under the permit and the permit was extended and remained in good standing, the applicant is eligible for a refund of the building permit portion of the fees.
Additionally, two fees are collected on building permits as a surcharge for State mandated programs.
The “Green Building Standards Fee” is collected in accordance with SB 1473 (Calderon, Chapter 719, Statutes of 2008). The “Strong Motion Instrument Program” fee is collected for the California Strong Motion Instrumentation Program. Because these are pass-through surcharge fees collected on behalf of the State, they are not eligible for refund.
Finally, both the PFF Guidelines and SMC Section 15.04.280 authorize refunds less administrative and plan review fees. Refunds are subject to a processing fee - 10% of refund total (not to exceed $25.00).
Here, the calculated refund amount, minus administrative, plan review, pass-through fees, and refund processing fee totals $22,686.76 (see Table 1 below for a breakdown).
Table 1
BP21-08574
Fee Item Description Fees Paid Refund Amount
Plan Review $ 7,285.78 $ 0
PFF Admin. Fees (CDD & MUD) $ 400.02 $ 0
Pass-through Fees $ 110.41 $ 0
Other Permit & PFF Fees $ 22,711.76 $ 22,711.76
Total $ 30,507.97
Refund Processing Fee $ -25.00
Total Refund $ 22,686.76
Because no work was done on the permit, staff recommends that the Council approve the refund for a total of $22,686.76.
FINANCIAL SUMMARY
The permit fees and PFF fees totaling $22,711.76, were deposited into the following accounts:
City of Stockton Page 2 of 3 Printed on 1/16/2025
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847
File #: 24-1259, Version: 1
Development Services Fund (220-221)
Wastewater Fund (610-615)
PFF - Air Quality Fund (310-322)
PFF - County Facilities Fee Fund (780-786)
PFF - Regional Transportation Impact Fee Fund (310-324) PFF - Surface Water Fund (780-786)
PFF - Traffic Signals Fund (310-311)
The refund amounts for the permit will be made from these same accounts. There is no financial impact to the General Fund. A more detailed breakdown of fees is included as Attachment C - Permit Fee Refund Breakdown.
Attachment A - Refund Request
Attachment B - Proof of Payment
Attachment C - Permit Fee Refund Breakdown
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848
ATTACHMENT A 849
PAYMENT RECEIPT
PAYMENT RECEIPT
Record Number: BP21-08574
Parcel Number: 09605012
Site Address: 4424 IJAMS RD, STOCKTON, CA 95210
Receipt Number: 5119412
Payor: Pamel Lee Matlock,4424 Ijams STOCKTON, CA 95210
Payment Method: Check
Cashier ID: MJESUS
Receipt Date: December 21, 2022
Check Number: 3024078521
Payment Details
Description Amount Due Amount Paid
Technology Fee - Building $511.86 $511.86
GPMI - Planning Fee $973.94 $973.94
Plan Review - Additional $1,697.50 $1,697.50
Plan Review - Hourly $956.00 $956.00
Plan Review - Supplemental $2,613.50 $2,613.50
Permit Fee $4,806.05 $4,806.05
Capital Preservation Fee $649.29 $649.29
Community Rating System Admin Fee - Building $288.36 $288.36 Sanitary Connection - Combined $2,100.00 $2,100.00
Sanitary Connection - Existing (Acct 31) $400.00 $400.00 Sanitary Connection - Future $1,134.00 $1,134.00
Strong Motion Instrument Program (RES) $84.41 $84.41
Green Building Standards Fee $26.00 $26.00
PFF - Surface Water - Single Family $4,587.00 $4,587.00 PFF - County Facilities - Single Family $2,911.00 $2,911.00 Admin - CDD $946.44 $946.44
Admin - MUD $127.19 $127.19
Credit - Admin - CDD -$673.61 $-673.61
Credit - City Office Space -$467.00 $-467.00
PFF - City Office Space - Single Family $467.00 $467.00 Credit - Community Recreation Centers -$481.00 $-481.00 PFF - Community Recreation Centers - Single Family $481.00 $481.00 Credit - Fire Stations -$781.00 $-781.00
PFF - Fire Station - Single Family $781.00 $781.00
Credit - Libraries -$902.00 $-902.00
PFF - Libraries - Single Family $902.00 $902.00
Credit - Parkland -$2,798.00 $-2,798.00
PFF - Parkland - Single Family $2,798.00 $2,798.00
Credit - Police Station Expansion -$591.00 $-591.00
PFF - Police Station Expansion - Single Family $591.00 $591.00 Credit - Street Improvements -$13,226.00 $-13,226.00
(209) 937-8561
ATTACHMENT B
850
Record Number: BP21-08574
Parcel Number: 09605012
Site Address: 4424 IJAMS RD, STOCKTON, CA 95210
Receipt Number: 5119412
Payor: Pamel Lee Matlock,4424 Ijams STOCKTON, CA 95210
Payment Method: Check
Cashier ID: MJESUS
Receipt Date: December 21, 2022
Check Number: 3024078521
Payment Details
Description Amount Due Amount Paid
PFF - Street Improvements - Single Family $13,226.00 $13,226.00 PFF - Air Quality - Single Family $187.00 $187.00
PFF - Regional Transportation Impact Fee - Single Family $4,053.26 $4,053.26 PFF - Traffic Signals (Citywide) $33.00 $33.00
PFF - Traffic Signals (Zone 2) $77.00 $77.00
Total Amount Paid: $28,489.19
(209) 937-8561
ATTACHMENT B
851
BMOe� Check Imaging Results
Account Number_, Deposited Item Account Number_, Check Number 3024078521, Amount 28,489.19, • CASHIER'S CHECK ' _,
t.OlO oocv.,., .. , ,U"' ,., , .. , llC .. , 10 v,,,,., HI\/( v.,i,mu,W�l( 'HOIO O�UM�Nt /'=:\_c1_'1 Uf'c�fCK�Ce 'j\12�016"5'1"'-'1 --i i __ <l P.O 80>C15S66 l .,..---llITT;if[Ul SACRAMENTO, CA 95852 Credit Union 1-677-GOLOEN i (1�11-"�·33&1)
❖ t:ci $28,489.19
DATE
21DEC22
PAV ► Twenty Eillhl Thousand Four Hundred Eighty Nine Dollars and Nineleen Cents I • ro THE CITY Of STOCKTON
• OROEROF
Remiller: PAMELA s LEE MATLOCK
Check Imaging Results
AMOUNT
►$28,489.19
Generated By• 29607920_JARQUV34
Generated On• 2024-11-20 04•30 PM EST
, Date 2022-12-27
2024-11-20
ATTACHMENT B
852
PAYMENT RECEIPT
PAYMENT RECEIPT
Record Number: BP21-08574
Parcel Number: 09605012
Site Address: 4424 IJAMS RD, STOCKTON, CA 95210
Receipt Number: 5101975
Payor: Pamel Lee Matlock
Payment Method: Check
Cashier ID: JCEBALLO
Receipt Date: November 04, 2021
Check Number: 3024072541
Payment Details
Description Amount Due Amount Paid
Plan Review $2,018.78 $2,018.78
Total Amount Paid: $2,018.78
(209) 937-8561
ATTACHMENT B
853
BMOe� Check Imaging Results
ATTACHMENT B
Generated By• 29607920_JARQUV34
Generated On• 2024-11-20 04•19 PM EST
Account Number_, Deposited Item Account Number_, Check Number 3024072541, Amount 2,018.78, Route/Transit_, Date 2021-11-10 '·
Hot.OOOCUM(IO �
u� ro,tt1, ,1G1-1f "'10\'IEw fll\111! W,OCftMA)t" CASHIER'S CHECK � P.O.BOX15966
SACIVJ.1ENTO,CA9S852
Credit Union 1-sn.G0t.DEN 1 (l...fln-465·3J61>
❖ �� $2,018.78
PAY > Two Thousand Eighteen Dollars and Seventy Eight Cents , TO THE CITY Of STOCKTON
ORDER OF RE: BP2t•08574
RE: 0960512
Check Imaging Results
DATE
04H0V21
CHECK NO. 3024072541
AMOUNT
>$2,018.78
'DoN-A- a..�
854
2024-11-20
Invoice #Fee Code Fee Item Qty Unit Fees Paid Refund Refund Eligibility Notes 205315 B_PC Plan Review 1 Each $ 2,018.78 No - Work completed 220403 PFF_CDD Admin - CDD 1 Each $ 946.44
Credit of $673.61 received - $272.83 no refund, admin fees not eligible per PFF guidelines
220403 B_CPF Capital Preservation Fee 649292 Each $ 649.29 $ 649.29 Yes 220403 B_CRS Community Rating System Admin Fee - Building 1 Each $ 288.36 $ 288.36 Yes 220403 CR_PFF_CDD Credit - Admin - CDD 1 Each $ (673.61) N/A - Credit received 220403 CR_PFF_COS Credit - City Office Space -467 null $ (467.00) N/A - Credit received 220403 CR_PFF_CRC Credit - Community Recreation Centers -481 null $ (481.00) N/A - Credit received 220403 CR_PFF_FS Credit - Fire Stations -781 null $ (781.00) N/A - Credit received 220403 CR_PFF_LIB Credit - Libraries -902 null $ (902.00) N/A - Credit received 220403 CR_PFF_PAR Credit - Parkland -2798 null $ (2,798.00) N/A - Credit received 220403 CR_PFF_PSE Credit - Police Station Expansion -591 null $ (591.00) N/A - Credit received 220403 CR_PFF_SI Credit - Street Improvements -13226 Dollars $ (13,226.00) N/A - Credit received 220403 B_GPMI GPMI - Planning Fee 649292 Each $ 973.94 $ 973.94 Yes 220403 B_GBF Green Building Standards Fee 1 Each $ 26.00 No - Pass-thru 220403 B_PF Permit Fee 1 Each $ 4,806.05 $ 4,806.05 Yes 220403 PFF_AQ_SF PFF - Air Quality - Single Family 1 null $ 187.00 $ 187.00 Yes 220403 PFF_COS_SFO PFF - City Office Space - Single Family 1 null $ 467.00 NO - received credit 220403 PFF_CRC_SFO PFF - Community Recreation Centers - Single Family 1 null $ 481.00 NO - received credit 220403 PFF_CF_SF PFF - County Facilities - Single Family 1 $ 2,911.00 $ 2,911.00 Approved for refund by Adam Brucker at SJC 220403 PFF_FS_SFI PFF - Fire Station - Single Family 1 $ 781.00 NO - received credit 220403 PFF_LIB_SFO PFF - Libraries - Single Family 1 null $ 902.00 NO - received credit 220403 PFF_PAR_SF PFF - Parkland - Single Family 1 null $ 2,798.00 NO - received credit 220403 PFF_PSE_SFI PFF - Police Station Expansion - Single Family 1 null $ 591.00 NO - received credit 220403 PFF_RTIF_SF PFF - Regional Transportation Impact Fee - Single Family 1 $ 4,053.26 $ 4,053.26 Approved for refund by Travis Yokoyama at SJCOG 220403 PFF_SI_SFO PFF - Street Improvements - Single Family 1 Units $ 13,226.00 NO - received credit 220403 PFF_SW_SF PFF - Surface Water - Single Family 1 Units $ 4,587.00 $ 4,587.00 Yes 220403 PFF_TRA_CW PFF - Traffic Signals (Citywide) 33 Dollars $ 33.00 $ 33.00 Yes 220403 PFF_TRA_ZN2 PFF - Traffic Signals (Zone 2) 77 $ 77.00 $ 77.00 Yes 220403 B_PC_A Plan Review - Additional 1697.5 Dollars $ 1,697.50 No - Work completed 220403 B_PC_H Plan Review - Hourly 956 Dollars $ 956.00 No - Work completed 220403 B_PC_S Plan Review - Supplemental 2613.5 Dollars $ 2,613.50 No - Work completed 220403 B_SWR_COMB Sanitary Connection - Combined 2100 Dollars $ 2,100.00 $ 2,100.00 Yes 220403 B_SWR_EX_31 Sanitary Connection - Existing (Acct 31) 400 Dollars $ 400.00 $ 400.00 Yes 220403 B_SWR_FUTR Sanitary Connection - Future 1134 Dollars $ 1,134.00 $ 1,134.00 Yes 220403 B_SMIP_R Strong Motion Instrument Program (RES) 649292 Each $ 84.41 NO - pass thru 220403 B_TECH Technology Fee - Building 1 Each $ 511.86 $ 511.86 Yes 221229 B_WTR_DWS Delta Water Supply Fee (Domestic) 9198.74 Each $ - N/A - $9,198.74 previously credited prior to permit issuance 221230 B_WTR_RES Water Connection - Domestic (RES) 1 Units $ - N/A - $2,264.41 previously credited prior to permit issuance 221232 PFF_MUD Admin - MUD 1 Each $ - N/A - $528.40 previously credited prior to permit issuance 221235 PFF_MUD Admin - MUD 1 Each $ 127.19 No - Admin fees not eligible per PFF Guidelines $ 30,507.97 $ 22,711.76
BP21-08574 - 4425 Ijams Rd - Fees
ATTACHMENT C 855
City of Stockton
Legislation Text
File #: 24-1154, Version: 1
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF A STREET
EASEMENT ALONG SOUTH AIRPORT WAY
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the summary vacation of a portion of a street easement along South Airport Way;
2. Authorizing the filing of Notice of Exemption No. 57-24 under the California Environmental Quality Act for the vacation of a portion of the street easement along South Airport Way; and
3. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The applicant, Lawrence B. Stone Properties 04 LLC, is requesting the vacation of a portion of the street easement located along South Airport Way. The proposed vacation area is impassable to public vehicle traffic and no public money has been expended on maintenance of the proposed vacation area. Presently, there are no utilities in the proposed vacation area.
Additionally, there is an existing sidewalk and landscape strip improvement located between the proposed vacation area and west side of South Airport Way. The proposed vacation area is not planned to be used as right-of-way. Fee title to the vacated area is currently owned by the successor in interest to the Western Pacific Railroad Company. As a result, the applicant will need to coordinate with the Union Pacific Railroad, as the successor in interest to the Western Pacific Railroad Company, for the acquisition of the proposed abandonment area.
As a result of these considerations, staff recommends approval of the summary vacation.
DISCUSSION
Background
The applicant owns the real property at 2525 South Airport Way, adjacent to the proposed vacation area. The proposed vacation area is on the west side of Airport Way, south of East 10th Street (Attachment A - Vicinity Map and Attachment B - Aerial Map).
The applicant is requesting the vacation of approximately 0.26 acres of the street easement in order to expand their existing facility’s parking capacity. The processing of a summary vacation is consistent with the California Streets and Highway Code.
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File #: 24-1154, Version: 1
Present Situation
The applicant is the owner of the adjacent parcel to the proposed vacation area. The proposed area to be vacated consists of approximately 0.26 acres.
The Public Works, Community Development, Municipal Utilities, Police and Fire Departments, and local utilities were notified of the proposed vacation at this site, and no objections were received. The local utilities and departments’ non-objection are required to confirm support for the proposed vacation at the site and to ensure there will be no negative impact to any departmental or agency functions.
The City may perform this proposed vacation as a summary vacation under Division 9, Part 3, Sections 8331 & 8334(a), et. seq., of the California Streets and Highways Code. Pursuant to Section 8331, a public hearing is not required when a street or highway has been impassable for vehicular travel for at least five consecutive years and no public money was expended for maintenance on the street or highway during such period.
Additionally, pursuant to section 8334(a), excess right-of-way of a street that is not required for street or highway purposes may be summarily vacated.
The portion of the street easement being proposed for vacation is undeveloped and has been impassible to vehicles for five consecutive years, no City funds have been spent for maintenance on the vacation areas, and the excess right-of-way is not required for street purposes.
It is recommended that the City Council approve the proposed resolution vacating approximately 0.26 acres of a portion of the street easement along South Airport Way as described in Exhibit 1 and Exhibit 2.
ENVIRONMENTAL CLEARANCE
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a ’general rule exemption’ under Section 15061(B)(3) of the State CEQA Guidelines since there is no possibility that the activity in question would have significant effect on the environment, and the activity is not subject to CEQA.
In accordance with Section 65402 of the Government Code, the Community Development Department further determined that this activity conforms to the City’s General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, Lawrence B. Stone Properties, 04 LLC, has paid the necessary fees to process this proposed vacation. There is no fiscal impact to the City.
Attachment A - Vicinity Map
Attachment B - Aerial Map
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City of Stockton, CA December 30, 2024
Vicini ty Map - Airpor t Way
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" = 325.2385634810824 ft
ATTACHMENT A
Proposed Abandonment
Area
858
City of Stockton, CA December 30, 2024
Aerial Map - Airpor t Way
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" = 325.2385634810824 ft
ATTACHMENT B
Proposed Abandonment
Area
859
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF A
STREET EASEMENT ALONG SOUTH AIRPORT WAY
The proposed vacation (abandonment) is located on a portion of South Airport Way; and
Lawrence B. Stone Properties 04, LLC, the adjacent property owner, is requesting the vacation of a portion of a street easement along South Airport Way in order to expand the existing facility’s parking capacity located at 2525 S. Airport Way (APN: 169-110-08); and
The City may perform a summary vacation under Division 9, Part 3, sections 8331 & 8334(a) of the California Streets and Highway Code and a public hearing is not required when the area has been impassable for vehicular travel for at least 5 years and no public money was expended for maintenance during such period; and an excess right-of-way of a street or highway not required for street or highway purposes; and The Public Works, Community Development, Municipal Utilities, Police and Fire Departments and local utilities were notified and provided an opportunity to object to the proposed vacation if it were to negatively impact departmental or agency functions; and There were no objections to the proposed vacation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. This action is taken pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code sections 8331 & 8334(a) the Summary Vacation Procedure of the Public Streets, Highways, and Service Easements Vacation Law.
2. The Public Works, Community Development, Municipal Utilities, Police and Fire Departments and local utilities were notified and there were no objections to the proposed vacation.
3. The subject property meets the criteria set forth in the Streets and Highways Code section 8331, provided below in relevant parts:
“The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period.” 860
4. The subject property meets the criteria set forth in the Streets and Highways Code section 8334(a), provided below in relevant parts:
“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.”
5. The City Council hereby authorizes that the street easement located on a portion of South Airport Way, more particularly described in Exhibits 1 & 2, attached hereto, and incorporated by this reference, is vacated by this order and no longer constitutes a street or highway as of the date this resolution is recorded.
6. That the City Manager is authorized to approve the filing of Notice of Exemption No. 57-24 under CEQA, a copy of which is attached as Exhibit 3 and incorporated by this reference.
7. In accordance with section 65402 of the Government Code, this project/activity conforms to the City’s General Plan Policy Document, as amended.
8. Lawrence B. Stone Properties 04, LLC, has paid the necessary fees to process this vacation.
The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
ATTEST: Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
861
EXHIBIT 1 862
EXHIBIT 2 863
EXHIBIT 2 864
MEMORANDUM
December 4, 2024
TO: Nancy Arroyo, Real Property Agent
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 57-24 – STREET EASEMENT ABANDONMENT; 2525 S. AIRPORT WAY
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department received a request from Lawerence B. Stone Properties, LLC, for the abandonment of a street easement at 2525 S. Airport Way. See the attachments for more information.
In accordance with Government Code §65402, the Community Development Department determines the proposed property sale is neutral regarding conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines and is granted a ‘general rule exemption’ under Section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is no subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment C) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 3 865
MEMORANDUM
December 3, 2024
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Nancy Arroyo, Real Property Agent I
Economic Development Department
SUBJECT: STREET EASEMENT ABANDONMENT – 2525 S. AIRPORT WAY_____ Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title: Street Easement Abandonment
Applicant: Lawrence B. Stone Properties, LLC
Description/Location: 2525 Airport Way
Also, please make the required determination as to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 8506.
NANCY ARROYO, REAL PROPERTY AGENT I
ECONOMIC DEVLEOPMENT DEPARTMENT
Attachment
EXHIBIT 3 866
EXHIBIT 3 867
EXHIBIT 3 868
EXHIBIT 3 869
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 Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
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: Street Easement Abandonment – 2525 S. Airport Way CEQA Exemption File No.: NOE 57-24
Applicant: Lawrence B. Stone Properties, LLC
Project Description/Location: The City of Stockton’s Economic Development Department received a request from Lawerence B. Stone Properties, LLC, for the abandonment of a street easement at 2525 S. Airport Way. See the attachments 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.
X The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
X 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.
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).
CARRIE WRIGHT, DIRECTOR December 4, 2024
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
Nancy Arroyo, Real Property Agent (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 3 870
City of Stockton
Legislation Text
File #: 24-1288, Version: 1
APPROVE RESOLUTION TO ESTABLISH A NEW CLASSIFIED/REPRESENTED
CLASSIFICATION SPECIFICATION OF ANIMAL SERVICES MANAGER FOR THE STOCKTON
POLICE DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGE
RECOMMENDATION
It is recommended that the City Council adopt a resolution establishing a new classified/represented position of Animal Services Manager for the Stockton Police Department (SPD) and assign the salary range.
Summary
City Council is being asked to establish the proposed new single-incumbent classification titled Animal Services Manager and the proposed salary range. This position allocation has been incorporated into the budget for FY 2024-25.
DISCUSSION
Background
In May of 2024, the City Auditor Moss Adams LLP conducted an efficiency study of the City of Stockton Animal Shelter. The audit recommendation was to separate the four distinct functional operations and create a new classification specific to animal shelter management.
Classification: The proposed Animal Services Manager classification is a single, non-sworn management position that will reside within the SPD’s Animal Services section. If approved, the Animal Services Manager classification will be included in the Civil Service system and placed in the Mid-Management Level bargaining unit. In addition, the classification will be exempt under the Fair Labor Standards Act. The SPD plans to reclassify the current Police Services Manager overseeing the Animal Services section to the new Animal Services Manager position.
Salary: Staff recommends the following base salary by step as documented below:
FY 2024-25 BASE ANNUAL SALARY BY STEP
Job Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Police Services
Manager (Current)
$105,821.04 $111,251.52 $116,958.96 $122,944.08 $129,238.80 $135,876.24 Animal Services
Manager (Proposed)
$121,300.32 $127,362.72 $133,728.24 $140,411.76 $147,429.60 $151,661.04 * Classification does not currently exist on the salary schedule City of Stockton Page 1 of 2 Printed on 1/16/2025
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File #: 24-1288, Version: 1
FINANCIAL SUMMARY
The table below reflects the FY2024-25 annual salary and benefit cost of the proposed new Animal Services Manager classification by step.
FY 2024-25 TOTAL POSITION EXPENSE BY STEP
Job Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Animal Services
Manager*
$187,795.81 $196,498.38 $216,000.03 $226,112.19 $236,730.18 $242,920.03 * Classification does not currently exist on the salary schedule City of Stockton Page 2 of 2 Printed on 1/16/2025
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO CREATE A NEW CLASSIFIED/REPRESENTED CLASS
SPECIFICATION OF ANIMAL SERVICES MANAGER FOR THE POLICE
DEPARTMENT AND APPROVE THE PROPOSED SALARY RANGE
It is necessary to establish a new classification of Animal Services Manager to provide oversight of the Police Department’s Animal Services division; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The new classified/represented class specification of Animal Services Manager is hereby created with the salary approved as follows:
2. The Director of Human Resources is hereby directed to prepare the appropriate class specification in accordance with section 2.36.080 of the Stockton Municipal Code.
3. The City Manager is hereby authorized and directed to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
___
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
JOB CLASS FY2024-25 BASE ANNUAL SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Animal
Services
Manager
$121,300.32 $127,362.72 $133,728.24 $140,411.76 $147,429.60 $151,661.04 873
City of Stockton
Legislation Text
File #: 24-1260, Version: 1
APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT, WITH TWO (2) ADDITIONAL ONE (1) YEAR OPTIONS TO EXTEND WITH DELTA AVIATION SERVICES, LP FOR A RENTAL
AGREEMENT FOR HANGAR STORAGE AND RENTAL SPACE IN A TOTAL NOT-TO-EXCEED AMOUNT OF $127,461
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year contract with two (2) one-year options to extend between the City of Stockton (City) and Delta Aviation Services, LP (Delta) for hangar storage and rental space in an amount not to exceed $127,461.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Summary
The Stockton Police Department (SPD) is seeking Council approval for a hanger rental agreement with Delta for storage and rental space. The San Joaquin County - Stockton Municipal Airport (SMA) is the closest airport, providing optimal operational efficiency as the base and storage facility for the SPD’s helicopter, allowing it to be in the air and on the scene for immediate assistance. This access can provide a call for service in as little as 2 minutes. There are no other commercial hanger spaces available that offer fuel, a helipad, and secured space within a 40-mile radius. The hanger includes office space for the employees assigned to the Air Support Unit in which flight plans, supplies, and equipment are stored and easily accessible. The current contract with Delta expires on January 31, 2025. The proposed term would be a three-year contract with two (2) one-year options to extend.
DISCUSSION
Background
In July 2018, SPD researched hangar availability options after purchasing the helicopter, resulting in the SMA being the most suitable for the department's needs. The nearest option other than SMA was Livermore Airport. Which was significantly more expensive, with a 15-minute flight minimum to reach Stockton City limits and a 45-minute drive to reach the hangar from the Stockton Police Facility. This presents significant delays and inefficiencies because it removes the ability to rapidly respond to City of Stockton Page 1 of 2 Printed on 1/16/2025
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File #: 24-1260, Version: 1
incidents as they occur. No other commercial hanger spaces offer fuel, a helipad, a secured space within a 40-mile radius, and office space for the employees assigned to the Air Support Unit. In February 2019, the City entered a contract with Delta to rent a hangar space at the SMA for the storage of SPD’s aircraft.
Present Situation
The City is currently contracted with Delta to store SPD’s aircraft. The current contract is due to expire on January 31, 2025. The hanger space, with an adjacent helipad, allows the helicopter to be in the air and on scene for immediate assistance on a call for service in as little as two minutes. The hanger space is secured, covered, and includes onsite fuel. Delta provides office space for the employees assigned to the Air Support Unit in which fight plans, supplies, and equipment are stored and easily accessed.
Findings
Stockton Municipal Code section 3.68.070 provides for an exception to the competitive bidding requirements in cases wherein the City Council has made findings that support and justify the purchase via a single available source.
Findings to support the purchase are as follows:
1. The Stockton Municipal Airport, operated by Delta, is the closest airport and, therefore, provides optimal operational efficiency as the base and storage facility for the Police Department's helicopter.
2. No other commercial hangar spaces in the area offer fuel, a helipad, and secured space within a 40-mile radius.
3. Office space is available for the employees assigned to the Air Support Unit in which flight plans, supplies, and equipment will be stored and easily accessed with an adjacent helipad.
FINANCIAL SUMMARY
The total proposed cost for the three-year agreement with Delta (Attachment A) shall not exceed $127,461. The funding will be included in the FY 2024-25 Police Department, Patrol, Special Services, General Fund account.
Attachment A - Delta Hangar Rental Agreement
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DELTA AVIATION SERVICES LP-STOCKTON METROPOLITAN AIRPORT
HANGAR RENTAL AGREEMENT
1. PARTIES: Effective February 1, 2025, the DELTA AVIATION SERVICES LP, a Limited Partnership of the State of Nevada, "DASLP," and
CITY OF STOCKTON POLICE DEPARTMENT, "Renter,"
hereby mutually agree and promise as follows:
2. RENTER AND AIRCRAFT INFORMATION: Simultaneous with the execution of this Rental Agreement, Renter shall complete the RENTER AND AIRCRAFT INFORMATION form attached hereto.
3. PURPOSE: The purpose of this Rental Agreement is to provide for the rental of a Hangar space at the San Joaquin County - Stockton Metropolitan Airport for the storage of Renter's aircraft, sailplane and/or ultra-light(s), (together "Aircraft") described in the RENTER AND AIRCRAFT INFORMATION form attached hereto.
4. PREMISES: For and in consideration of the rents and the faithful performance by Renter of the terms, conditions, and mutual covenants and agreement set forth herein, DASLP hereby rents to Renter, and Renter does hereby take and rent from DASLP, that Hangar shown as Q–10 on Exhibit "A" - Hangar Site Plan, attached hereto and incorporated herein for reference. The Hangar is part of the Hangar Site ("Hangar Site") and shall hereinafter be described as the "premises" or as the "hangar".
Renter hereby accepts the Hangar in its present condition, as is, without any liability or obligation of the part of DASLP to make any alterations, improvements, or repairsin or about the Hangar.
5. USE: The premises shall be used exclusively by Renter for storage of Renter's aircraft, personal property, and materials directly related to the maintenance and storage of Renter's aircraft. No business, trade, profession, or commercial operation shall be conducted on the premises.
6. TERM: The term of this Rental Agreement begins on (date) February 1, 2025 ("Commencement Date"), and shall terminate on (date) January 31, 2028 at 5:00 PM. Any holding over after the term of this agreement expires, with DASLP's consent,shall create a monthto-month tenancy that either party may terminate by givingwritten notice to the other at least 30 days priorto the intended termination date,subject to any applicable laws. Such notice may be given on any date. Allsums owed in accordance with this Rental Agreement, including, but not limited to, MonthlyRent and all Penalties, as described in Section 8, DelinquentRent,shall be due and payable to and including the date of termination.
ATTACHMENT A 876
7. RENT: Tenant agreesto pay DASLP rent at the rates of:
$2536.00 Two Thousand Five Hundred Thirty-Six and No/JOO Dollars per month for the period commencing February 1, 2025 and ending January 31, 2026; $2,880.00 Two Thousand Eight Hundred Eighty and No/1OO Dollars per month for the period commencing February 1, 2026 and ending January 31, 2027. $3,260.00 Three Thousand Two Hundred Sixty andNo/1OO Dollars per month forthe period commencing February J, 2027 and ending January 31, 2028.
("MONTHLY RENT"). Monthly Rent shall be paid in lawful money ofthe United States of America and shall be due and payable on the first (1st) day of each month for the current month. Allrent shall be due without notice or invoice from DASLP, although DASLP may send a monthly statement. Rent may be increased annually by a 30-day written notice to the Renter by DASLP. All checks shall be made payable to DELTA AVIATION SERVICE LP and shall be mailed to: Delta Aviation Services L.P., 3000-F Danville Blvd. #329 Alamo, Ca. 94507
8. DELINQUENT RENT: In the event that Renterfailsto pay DASLP any portion ofthe Monthly Rent on orbefore the tenth (10th) day ofeach month, that unpaid portion of Monthly Rent not paid shall be deemed delinquent, and Renter shall pay to DASLP a fee of one hundred twenty dollars ($120.00) plusinterest on said unpaid balance at a rate ofone and one-half percent (1.5%) per month prorated per day as necessary, until the delinquency is paid in full. The late fee and the interest on the delinquent amount shall together be known as the "PENALTIES” and shall be considered as additional rent. The interest shall be charged from the date said payment was due and payable until paid. The $120.00 fee shall be assessed for each delinquency
9. . Renter shall be charged a fee ofTwenty-FiveandNo/100Dollars($25.00) for each dishonored check payment by Renter to DASLP.
10. DEPOSIT: Simultaneous with the execution of this Rental Agreement, Renter shall deposit Three Thousand Seven Hundred Fifty Dollars and No/l00 Dollars ($3,750.00) with DASLP as a security deposit, ("SECURITY DEPOSIT"). DASLP shall have the right to use the Security Deposit, or any portion of it, 1) to cure any breach or default of this Rental Agreement by Renter, 2) to repair damages to the premises caused by the Renter, or by Renter's guests or invitees, or 3) to clean the premises upon termination of the tenancy.
The Security Deposit will be returned to Renter, without interest, within thirty (30) days after the end of the term of this Rental Agreement, minus any amount due to DASLP.
11. UTILITIES: The Hangar has both electrical and telephone service available. Electric service is the responsibility of the Renter however the service is in the name of DASLP. DASLP will monitor the monthly meter reads and bill to the Renter monthly. Telephone service can be obtained through AT&T and is the responsibility of Renter.
12. PROHIBITED USE: The following uses of the Hangar shall be prohibited and shall be the cause for termination of this agreement:
A. Use of the Hangarfor any commercial purpose, including, but not limited to, a charterservice as defined in FAA Part 135, or aircraftrental, servicing, or flight instruction.
B. Use ofthe Hangar as a place of residence.
ATTACHMENT A 877
C. Use of the Hangar or surrounding prope1ty for the repairing, maintaining, building, constructing, painting, servicing, or overhauling of any aircraft, automobile, or other equipment on a commercial basis.
D. Use of the Hangar or surrounding property for aircraft maintenance, other than normal pre-flight maintenance and preventative maintenance, as defined in Part 43, Appendix A, and elsewhere in Federal Aviation Regulations.
E. Use ofthe Hangar for painting of any kind.
F. Fueling or defueling inside of the Hangar.
G. Use of the Hangar for the storage of gasoline, oil, explosives, or flammable products or materials, except in amounts and in containers as approved by the Manager of Airports.
H. Use of the Hangar for any purpose that violates any existing or future Airport ordinance, resolution, order, or policy, or any term or provision of this Rental Agreement, or other applicable law, ordinance, or regulation.
Renter shall not store boats, automobiles, recreational vehicles, or any other vehicle, equipment, or belongings outside the Hangar or anywhere else without permission of the Manager ofAirports.
13. PARKING: Renter's unattended vehicles shall only be parked in either the Hangar, or in a parking area designated by the Manager of the Airport. Unattended vehicles shall not be parked in said designated areas for extended periods, as determined solely by the Manager of Airports. If Renter wants to leave his/her vehicle in a designated parking area for an extended period, he/she must first notify a member of Airport personnel. Otherwise, if Renter fails to notify Airport personnel, vehicles left in said designated parking areas for an extended period may be considered to be abandoned and may be towed from the Airport. Airport will make a reasonable attempt to notify the owner of the vehicle before having the vehicle towed.
Renter shall not park or leave the Aircraft, automobiles, or other vehicles or obstructions on the taxiway or pavement adjacent to the Hangar door in a manner which unduly interferes with access to adjacent Hangars. Failure to observe this parking restriction will be the cause for revoking ramp access to Renter's vehicle.
Renter shall not bring to, leave, or store any out-of-license or inoperable vehicle on the Airport at any time.
14. CONDITION OF THE HANGAR: Renter hereby acknowledges that they have thoroughly inspected the Hangar and hereby agree to accept possession of the Hangar in it's as-is, where-is condition.
15. MAINTENANCE AND REPAIRS: Renter shall maintain the premises in a clean and orderly condition at all times. Renter agrees that no credit will be allowed Renter by DASLP for the cost of any maintenance completed by Renter. Renter shall follow and shall see that all others in the Hangar abide by the following rules:
A. All power tools used in the Hangarshall be properly grounded.
B. Allsolvents and otherflammable liquids or materials will be used only when the Hangar doors are open to provide ventilation.
C. All combustible materials must be stored in metal UL approved containers and closed when not in use. No combustible materials shall be stored in the Hangar overnight.
ATTACHMENT A 878
D. There shall be no open flamesin the Hangar at any time.
E. There shall be no smoking in the Hangar at any time; and F. Rentershall maintain "NO SMOKING" signsinstalled by the Manager of Airport in the Hangar at all times.
16. SIGNAGE: No signage shall be installed on the premises without the prior written consent of the Manager of Airports.
17. ALTERATIONS:
A. Rentershall not paint, remove, deface, modify, bend, drill, cut, or otherwise alter any part of the Hangar without the prior written permission of the DASLP.
B. Renter shall not install any fixtures or make any alterations, additions, or improvements, or permit any alterations to be made in or on the premises without first obtaining the written consent of the DASLP.
C. Renter shall not use high voltage electrical equipment or machinery in or about the Hangar, modify existing wiring, or install additional electrical outlets or fixtures without the specific prior consent of the DASLP.
D. Rentershall not attach any hoisting or holding mechanism to any part of the Hangar or attach any such mechanism to any part of the struts or braces of the Hangar. For purposes of this Rental Agreement, a hoisting or holding mechanism shall be deemed to include, but shall not be limited to, a chain-ball block and tackle, or other hoisting device.
If the consent of DASLP is sought for any of the above alterations proposed for the Hangar, Renter shall submit a plan for the proposed alteration to DASLP, along with Renter's written request for said proposal.
All fixtures installed or additions and improvements made to the Hangar shall become DASLP's property and shall remain in the Hangar at the termination of the Rental Agreement, however terminated, without compensation or payment to Renter.
18. ASSIGNMENT OR SUBLETTING: Renter shall not assign this Rental Agreement, or any interest therein, and shall not sublet the Hangar, or any part thereof, or any right or privilege appurtenant thereto, without the prior written consent of DASLP in each instance. Any assignment or subletting without the prior written consent of DASLP shall be void and, at the sole option of DASLP, shall terminate this Rental Agreement. Any transfer or assignment of Renter's interests under this Rental Agreement by operation of law or otherwise, without the prior written consent of DASLP, is a prohibited assignment under this Rental Agreement. The parking of aircraft not owned or under exclusive lease by Renter, as described in Section 5, USE of this Rental Agreement, in the Hangar shall constitute a sublet for purposes of this Section and is therefore prohibited. A consent by DASLP to one assignment or sublet shall not be deemed to be a consent or waiver asto any subsequent assignment or sublet.
19. HOLD HARMLESS: Rentershall defend, indemnify, save, and hold harmless DASLP and its officers, agents, and employees, from any and all claims, costs, and liability for any damages, sickness, death or injury to any person(s) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operations of Renter, or use of the property, or of anyone claiming to be acting hereunder, for or with Renter, or property damage or bodily injury caused by any other renter, save and except ATTACHMENT A 879
claims or litigation arising through the sole negligence or sole willful misconduct of DASLP.
Renter shall reimburse DASLP for any expenditure, including reasonable attorney fees, DASLP may make by reason of the matters that are the subject of this indemnification and, if requested by DASLP, shall defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Renter.
Duty to guard goods and equipment in and around the Hangar. DASLP shall have no liability for any loss or damage to goods, property, or equipment or Renter or third parties located upon or used in connection with said premises irrespective of the source of such loss or damage.
Renter shall provide at its own expense such protection as comprehensive or collision insurance for their aircraft or alarm systems as it may deem necessary for the security and protection of its property.
20. INSURANCE: Renter shall certify that the following insurance coverages are in effect prior to the commencement of this Rental Agreement and shall maintain said coverage in full force and in effect until the termination of this Rental Agreement:
A. Aircraft and Premises Liability Coverage: Aircraft and premises liability insurance in an amount of no less than $100/$300/$100 thousand arising from the use of the Aircraft and the premises. The DASLP shall be named as an additional insured under such liability insurance policy. In the event of ultra-light aircraft, aircraft insurance may be waived; but the ground liability coverage will be required.
B. Form Of Policy: All policies of insurance required above shall be written by a qualified insurance company and in a form approved by the DASLP. Renter is required to mail an original Certificate of Insurance, signed by Renter, to 3000-F Danville Blvd. Suite #329 Alamo, Ca. 94507. The following information must be included on each Certificate of Insurance, or such insurance coverage shall be considered incomplete:
1) A statement that Delta Aviation Services LP and San Joaquin County - Stockton Metropolitan Airport is endorsed as a name insured under each policy or policies. 2) All required dollar limits of insurance coverages shall be correctly stated. 3) A provision that written notice of Cancellation or any material change in coverage shall be delivered to DASLP thirty (30) daysin advance of the effective date of the material change or cancellation, and that no cancellation, alteration or change of beneficiary or beneficiaries shall be made without written notice to DASLP.
4) An original signature, and the printed name, or the insurance agent, or authorized representative of the insurance company issuing the policy, including the insurance underwriter's and/or broker's telephone number.
21. TERMINATION:
A. Termination For Cause. The parties consider each and every term, covenant, and provision of this Rental Agreement to be material and reasonable. For any breach of a covenant or condition of this Rental Agreement, DASLP may, at its option, serve a three-day notice to Renter 1) specifying the nature of the breach, and 2) demanding that Renter cure the breach if the breach can be cured. The notice may further declare that if Renter fails to cure a curable breach within the three-day period or if the breach is not curable, the tenancy is terminated, and Renter forfeits all rights under this Rental Agreement.
ATTACHMENT A 880
B. Condition of the Premises Upon Vacation. Upon vacating the premises, Renter shall leave the premises in the condition described in Section 21. Surrender, herein.
C. Personal Propert y Remaining on the Premises. Upon the termination of this Rental Agreement, Renter agrees to remove all ofRenter’s personal property from the premises.
The disposition of any of Renter's personal property remaining on the premises shall be in accordance with the law. Renter is responsible for all reasonable costs of storing such personal property.
22. SURRENDER: Upon the termination of this Rental Agreement, Renter shall immediately surrender possession of the Hangar and shall remove the Aircraft or the Alternate Aircraft, and all other personal property from the premises. Upon such surrender of possession, Renter shall leave the premises in a neat, clean, and orderly condition, allowing for ordinary and normal usage during occupancy, and shall reimburse DASLP for the repair of any damage to the premises. Renter shall be liable for any and all damage to the Hangar caused by Renter's use, including but not limited to, bent or broken interior walls, damage to floors, or damage to doors due to Renter's operation.
23. AIRPORT ACCESS: The Manager of Airports shall designate the route and method of ingress to and egress from the San Joaquin County- Stockton Metropolitan Airport.
24.SECURITY: Although safety is one of Airport's primary objectives at the San Joaquin CountyStockton Metropolitan Airport, Renter shall be solely responsible for all on-site security. DASLP shall have no obligation to provide security for the premises and shall not be liable for any loss of property by theft or otherwise. DASLP shall not be responsible for the safety and security of Renter's Aircraft or Alternate Aircraft. The Aircraft and the Alternate Aircraft shall be the sole responsibility of Renter at all times.
25.LOCKS: Renter shall provide their own padlock (combination or key) to secure their Hangar.
Renter shall provide either the combination or an extra key to DASLP. Renter shall make the Hangar available to DASLP or DASLP's agent for the purpose of entering to make inspections, necessary or agreed repairs, or improvements, or to supply necessary or agreed services, or to show the Hangar to prospective or actual purchasers, prospective tenants, mortgagees, lenders, appraisers, or contractors. DASLP and Renter agree that 24 hours’ notice (oral or written) shall be reasonable and sufficient notice. In an emergency, DASLP or DASLP's agent may enter Hangar at any time without prior notice.
26.TAXES: Renter shall pay any and all lawful taxes, assessments, or charges which may at any time be levied by any public entity upon the use of the Hangar made as a result of this Rental Agreement, or any possessory interest which Renter may have under this Rental Agreement.
Renter understands and agrees that, in accepting this Rental Agreement, itsinterest therein may be subject to a Property/Possessory interest imposed by the San Joaquin County Assessor ("Assessor"). The renter of the premises on January 1 of each year, the lien date, shall be liable for the full payment of the Property/Possessory interest tax, even if the Renter subsequently vacates the premises.
27.WASTE. QUIET CONDUCT. HAZARDOUS SUBSTANCES AND PROPERTY INSPECTION: Renter shall not commit, or suffer to be committed, any waste upon the premises, ATTACHMENT A 881
or any nuisance or other act or thing which may disturb the quiet enjoyment of the use of the San Joaquin County - Stockton Metropolitan Airport or surrounding property. Renter shall not conduct, or permit to be conducted, any activity on the premises which directly or indirectly produces unlawful amount or levels of air pollution (gases, particulate matter, odors, fumes, smoke, or dust), water pollution, radioactivity, noise, glare, heat emissions, electronic or radio interference with navigational and communication facilities for the operation of the San Joaquin County - Stockton Metropolitan Airport and for its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or any activity which is hazardous or dangerous by reason or risk of explosion, fore, or harmful emissions.
Except in strict compliance with all governmental approvals, applicable laws, and regulations pertaining to hazardous materials(as generally defined), and in accordance with the additional provisions of this Rental Agreement, Rentershall not, and shall ensure that no others on the premisesshall, cause or permit the presence, storage, use, handling, generation, emission, release, discharge, storage, or disposal of any hazardous materials on, under, in, or about the premises, which are, or during the term of this Rental Agreement, become regulated by San Joaquin County, by the State of California, by the United States government, or by any local government authority. Rentalshall at all times comply with all current or future applicable laws, rules, and regulations of federal,state, or local government agencies, regarding the storing, use or disposal of any hazardousmaterial on orfrom the premises.
DASLP shall have the right to enter the premises at any time to verify Renter's conformance with the provisions ofthis paragraph.
Rentershall indemnify, protect, defend, and hold harmless DASLP from and against all liability and damages, penalties, expenses, claims, and costs, including, but not limited to, of any required or necessary remediation, repair, removal, cleanup, or detoxification of the premises and surrounding properties, and from and against the preparation of any cleanup, remediation, closure, or other required plans, whethersuch action isrequired or necessary priorto or following the termination of this Rental Agreement (hereinafter collectively referred to as "COSTS"), to the full extent that the same is attributable to the use, handling, generation, emission, release, discharge, storage, or disposal of Hazardous Materials by Renter, its agents, employees, or contractors during the term of this Rental Agreement. In addition, Rentershall hold Airport harmlessfrom and against all liability, damages, penalties, expenses, claims, and Costs arising directly or indirectly our of or resulting from any Hazardous Material being present or released in, on, or around any part of the Property, or in the soil, groundwater orsoil vapor on or underthe Property at any time, either before or afterthis Rental Agreement is executed.
Renter shall at all times notify Airport of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored, or disposed of on or from the premises.
Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the premisesin reasonable quantities which are commonly used in aircraftstorage facilities including, but not limited to, cleaning materials, motor oils, and hydraulic fluids, provided such Hazardous Materials are used and disposed of in accordance with law, or for materials which are first designated as Hazardous Materials after expiration of the term ofthis Rental Agreement.
The indemnification provisions of this Section shall survive the termination of this Rental Agreement.
28. STORM WATER DISCHARGE: The Federal Clean Water Act providesthat the discharge of pollutantsto waters ofthe United Statesfrom any industrial or commercial properties must be in ATTACHMENT A 882
compliance with a National Pollutant Discharge Elimination Permit (NPDEP). Under this Act, airports are considered "industrial activities". Therefore, the San Joaquin County - Stockton Metropolitan Airport and all Renterslocated on the Stockton Metropolitan Airport, are required to be in compliance under the Act and the NPDEP.
Renter assures that no pollution or hazardous material of any type will be discharged into the storm water system at the Airport and agrees to be held responsible for any discharges by the Renter during the entire term of this lease. Any fine or cost of remedial action required of the County, DASLP, by any agency or agencies having jurisdiction, as a result of actions on or dischargesfrom the Premises, will be charged to Renter, and Rentershall immediately reimburse County for these costs upon demand.
29. DASLP'S RIGHT OF ENTRY: In the event that a DASLP Representative must enter Renter's Hangar for any reason, DASLP shall first make a reasonable attempt to notify Renter at least fortyeight (48) hours in advance. Upon such notification, DASLP shall request that Renter be present when the DASLP Representative enters the Hangar. Whether or not Renter can be present, DASLP shall have the right to enter the Hangar. DASLP shall have the right to enter the Hangar at any time for emergency purposes.
In the event that such entry by DASLP discloses that 1) the Hangar, or any part thereof, is not in a safe, healthy, or satisfactory condition, 2) there is a violation of any applicable statute, ordinance, rule, or regulation, or 3) there is a breach of any covenant or condition of this Rental Agreement, DASLP may, at its sole option, notify Renter that such condition must be corrected within a reasonable time specified by the DASLP. In the event that Renter does not rectify, or in DASLP's sole determination does not attempt to rectify, the above conditions within seven (7) calendar days after receipt of DASLP's written notice to Renter, DASLP, and its agents, employees, officers, or contractors, may enter the Hangar and have any necessary repairs, maintenance, restoration, or reconstruction done for and at the expense ofRenter.
Renter hereby agrees to promptly pay for any and all costs incurred by DASLP, including, without limitation, the reasonable expenses of DASLP in having such necessary work done to keep the Hangar in a safe, healthy, and satisfactory condition.
30. GENERAL PROVISIONS:
A. DASLP reserves the right to further develop or improve the Stockton Metropolitan Airport as it sees fit regardless of the desire or review of Renter and without interference or hindrance.
B. Airport reserves the right to take any action it considers necessary to protect the aerial approaches of the Stockton Metropolitan Airport against obstruction.
C. Neither the failure or delay of DASLP to strictly enforce all the terms of this Rental Agreement, nor the acceptance of payment by the Airport after any breach by Renter, shall operate as, or be deemed, a waiver of any rights or remedies accruing by law or by this Rental Agreement to DASLP, by reason of any subsequent breach.
D. In the event that any provisions in the Rental Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of any such provisions does not materially prejudice either DASLP or Renter in its respective rights and obligations contained in the valid provisions ofthis Rental Agreement, which shall otherwise remain effective and binding.
E. Subject to provisions on assignment and subletting, the covenants and conditions contained in this Rental Agreement shall apply to and bind all Renter's successors in interest regardless of the legal title and said successorsin interest.
ATTACHMENT A 883
31. LAWFUL CONDUCT: RULES AND REGULATIONS: Renter agrees that it will obey and observe, and that it will use due diligence to require all persons entering upon the premises to obey and observe, all terms of this Rental Agreement, all laws of the United States, and all rules, regulations, and policies adopted from time to time by any agency or department of the United States, the State of California, the County of San Joaquin, the Manager of Airports, and municipal authorities relating to the use of the premises and applicable thereto, including, but not limited to, laws and rules and regulations with respect to health, safety, fire, police, and the environment or pollution. Failure to follow such rules and regulations, and all of the provisions of this Rental Agreementshall be a material breach of this Rental Agreement.
Renter shall be responsible for paying any fines or charges which may be levied by said agencies or departments for violations of said laws, rules, and regulations arising out of the operations of Renter or its officers, agents, employees, or invitees.
32. CUMULATIVE RIGHTS AND REMEDIES: The rights and remedies with respect to any of the terms and conditions of this Rental Agreement shall be cumulative and not exclusive, and shall be in addition to all other rights and remedies at law or in equity. Each right or remedy shall be construed to give it the fullest effect allowed in law.
33. NO CONTINUING WAIVER: The waiver by DASLP of any breach of any of the provisions of this Rental Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same, or of any other provision of this Rental Agreement. The receipt by DASLP of any rents with knowledge of the breach of any covenant or condition of this Rental Agreement shall not be deemed to be a waiver by DASLP, unless such waiver is specifically expressed in writing, signed by the DASLP, or his representative. No payment by Renter or receipt by DASLP of a lesser amount than the Monthly Rent stipulated herein shall be deemed to be other than a payment on account of such rents.
34. QUIET ENJOYMENT: Provided Renter has performed all terms, covenants, conditions, and agreements of this Rental Agreement, including payment of rent, Renter shall peaceably and quietly hold the Hangar, subject to the terms and conditions ofthis Rental Agreement.
35. NOTICES: Written notice of DASLP means an instrument in writing signed by the DASLP or any of his agents or representatives so authorized to sign. Any notice, request, consent, approval, or communication that either party desires or is required to give to the other party shall be deemed to have been duly given when made in writing and served personally or deposited in the United States mail, postage prepaid. Renter shall be deemed to have "received" DASLP's written notice upon forty-eight (48) hours after notice was mailed by DASLP. For the purposes thereof, unless otherwise provided in writing by the parties hereto, the address of DASLP is:
DELTA AVIATION SERVICES, LP
3000-F Danville Blvd. #329
Alamo, CA 94507
925-706-7887
And the Renter is: CITY OFSTOCKTONPOLICEDEPARTMENT
ATTACHMENT A 884
Either party may at any time change its address for notices by giving written notice of such change to the other party in the manner provided in this Section.
36. ENTIRE AGREEMENT: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed and supersedes all other agreements between the parties. No alterations or variations of this Rental Agreement shall be valid or binding unlessthey are in writing and signed by both parties hereto.
37. TIME IS OF THE ESSENCE for each provision in this Rental Agreement.
DASLP AND RENTER HAVE CAREFULLY READ AND REVIEWED THIS RENTAL
AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN AND, BY
EXECUTION OF THS RENTAL AGREEMENT, SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE
TIME OF EXECUTION OF THIS RENTAL AGREEMENT, THE TERMS OF THIS RENTAL
AGREEMENT ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF AIRPORT AND RENTER WITH RESPECT TO THE HANGAR.
AIRPORT
DELTA AVIATION SERVICES, LP a
Limited Partnership ofthe State ofNevada
By
Gordon Gravelle, Managing Partner
RENTER
City Of Stockton Police Department.
By
Title
ATTACHMENT A 885
City of Stockton
Legislation Text
File #: 24-1256, Version: 1
APPROVE MOTION TO PURCHASE THREE PIONEER CENTRIFUGAL PUMPS
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve the plans and specifications for Three Pioneer Centrifugal Pumps, Project No. OM-25 -023.
2. Award a Purchase Agreement for three pumps from Harrington Industrial Plastics, LLC of Fremont, CA, in the amount of $206,596.38.
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 Wastewater Operations Division of the Municipal Utilities Department (MUD) requires the purchase of three additional small trailer-mounted portable pumps to enhance storm event response capabilities. The MUD Wastewater Utility Fund has allocated funds for these three pumps, which will be used by staff at the Regional Wastewater Control Facility (RWCF) (Attachment A).
On September 9, 2024, Three Pioneer Centrifugal Pumps, Project No. OM-25-023, was advertised for Bids. On October 3, 2024, the City received seven bids for this project.
It is recommended that Council approve a motion to award a Purchase Agreement to Harrington Industrial Plastics, LLC, in the amount of $206,596.38, for the purchase of three additional Pioneer centrifugal pumps (Attachment B).
DISCUSSION
Background
The Wastewater Operations Division of MUD requires the purchase of three additional small trailermounted portable pumps to enhance storm event response capabilities. These pumps will also improve workflow when existing equipment is out of service or needed for short-term projects at the RWCF. Currently, the Division has two similar pumps in its inventory, but with ongoing modifications and additional treatment processes at the RWCF, the demand for portable pumps has grown. The new pumps will be strategically placed around the RWCF, positioned near critical treatment processes, and will be readily available for use as needed. Their compact design allows for easy transportation and setup by a single operator. Additionally, the RWCF operates 24/7 and these pumps are often needed outside regular City business hours, when rental units are not readily City of Stockton Page 1 of 2 Printed on 1/16/2025
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File #: 24-1256, Version: 1
available. At an average cost of $250 per day, maintaining a rental unit on-site for immediate use would exceed $90,000 annually per pump. Given the high likelihood of after-hours needs, it is more economical for the City to purchase the pumps for permanent use (Attachment A).
Fleet staff prepared bid specifications and utilized the competitive bidding process to obtain bids.
The specifications were generic and designed so that any major supplier could bid. On September 9, 2024, Request for Bids for Three Pioneer Centrifugal Pumps, Project No. OM-25-023, was advertised for bids.
Present Situation
On October 3, 2024, seven bids were received for the purchase of three pumps from the following companies:
· Harrington Industrial Plastics, LLC of Fremont, CA
· Pump Pros, Inc. of Turlock, CA
· Western Oilfields Supply Company dba Rain for Rent of Stockton, CA · Golden State Irrigation and Pump Services of Stockton, CA · Rockwell Engineering & Equipment Company of Vacaville, CA · Arsenal Well Drilling, Inc. of Visalia, CA
· Technology International, Inc. of Lake Mary, FL
Bids were evaluated by Fleet and MUD with consideration of, but not limited to, kind, suitability, warranties, delivery time, nearest factory authorized service location, pricing, and overall bidder responsiveness with the following results: bids received from Pump Pros, Inc., Western Oilfields Supply Company dba Rain for Rent, Golden State Irrigation and Pump Services, and Arsenal Well Drilling, Inc. were deemed nonresponsive due to a lack of supporting documentation. The bid from Technology International, Inc., although responsive with the lowest price, had the longest delivery lead time of 210 calendar days, had the furthest factory-authorized service representative, who was located in Florida, lacked a minimum warranty period, and mixed multiple original equipment manufacturer components. Therefore, the City deemed the bid from Technology International, Inc. as insufficient.
The bid from Harrington Industrial Plastics, LLC was responsive and regular in all respects (Attachment B). It is recommended that Council approve a motion to award a Purchase Agreement to Harrington Industrial Plastics, LLC, of Fremont, CA, in the amount of $206,596.38.
FINANCIAL SUMMARY
There is sufficient funding available in the MUD Wastewater Utility Fund, Account No. 6513-000- 800004-610-000-00-65-000-000, for the purchase of Three Pioneer Centrifugal Pumps, Project No.
OM-25-023, from Harrington Industrial Plastics, LLC of Fremont, CA, in the amount of $206,596.38.
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 - Equipment Replacement List
Attachment B - Quote from Harrington Industrial Plastics, LLC City of Stockton Page 2 of 2 Printed on 1/16/2025
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Equipment Replacement List
UNIT YEAR MAKE MODEL DEPT DIVISION PURCHASE ACCOUNT
ADD - - - Municipal Utilities Municipal Utilities Wastewater Utility Fund 6513-000- 800004-610-000-00-65-000-000 ADD - - - Municipal Utilities Municipal Utilities Wastewater Utility Fund 6513-000- 800004-610-000-00-65-000-000 ADD - - - Municipal Utilities Municipal Utilities Wastewater Utility Fund 6513-000- 800004-610-000-00-65-000-000 ATTACHMENT A 888
INVITATION FOR SEALED BIDS FOR THE PURCHASE OF THREE PIONEER CENTRIFUGAL PUMPS PROJECT NO. OM-25-023
BID TO BE SUBMITTED
UNIT PRICE
A. CENTRIFUGAL PUMPS
Taxable Fees (OMV Doc)
Sales Tax (9.00%)
Subtolal
Non-Taxable Fees (CA
Tire)
GRAND TOTAL:
COMPLETE SPEC "A"
TOTAL:
The Bidder warranties this equipment for a minimum period of --+-/-- years.
The nearest factory authorized service representative Is:
Jl,,£,.!:..&..l,llkXdd,___L,..l�IL.l,:!;;;i:::.r_.J.Ll 03 NAME:
LOCATION ADDRESS:
'
PHONE NUMBER:
EXTENDED PRICE
Complete delivery will be made within 9t./ calendar days from award of bid.
Vendor must complete all DMV forms and processes to provide proper title, registration, and exempt license plates. The City reserves the right to reject any and/or all bids received In order to ensure the best price and quality for the City of Stocl<lon.
Any questions regarding specifications should be directed to Jason McKenzie, City of Stockton Public Works Fleet Department, at telephone (209) 937-5642 or email at [email protected] Information on bid process/clarification should be directed to Velvette Baker, City of Stockton, at telephone (209) 937-8453 or e-mail at [email protected] Harrington Industrial Plastics 14480 Yorba Ave Chino.Ca 91710
FIRM ADDRESS
Chief Financial Officer
SIGNED BY TITLE OR AGENCY
09/25/2024 (909)296-4299
DATE TELEPHONE
NOTE: Bidders are to marl< their sealed bids to clearly Indicate the content as:
A) THREE PIONEER CENTRIFUGAL PUMPS
B) BIDS DUE OCTOBER 3,2024, by 2:00 P.M.
C) PROJECT NO. OM-25-023
16 ATTACHMENT B 889
"'PIOHEERPUfvlP
Pioneer Prime Sound Attenuated Diesel-Driven Centrifugal Pump Trailer Package SAPP44S10L71-D2.9L4
44Sl0-PPl-02-D
Size
Impeller Diameter
Max Flow
Max Head
Solids Size
Max. Operating Temp.
Max. Operating Press.
4" x 4" (100 x 100 mm)
10" (254 mm)
1,520 gpm (345 m
3 /h)
155 feet (47 meters)
3" (76 mm)
200 °F (93 °C)
260 psi (1,800 kPa)
ENGINE SPECIFICATIONS
FT4 Engine Type
Displacement
Fuel Consumption
Continuous HP
Peak Intermittent
HP Rating
FT4 Specifics (Def or
No Def, DOC, SCR, etc.)
Instrument Panel
Deutz D2.9L, 4-Cylinder Diesel
177 cu. in. (2.91)
2.07 gph (7.831/h) @ 1,800 rpm
36 HP (27 kW)@ 1,800 rpm
49 HP (36.5 kW)
DOC
Oil pressure gauge, voltmeter,
hourmeter, tachometer
PIONEER PRIME PRIMING SYSTEM
Priming System
Air Removal Cap.
Priming Chamber
Discharge Check
Valve
Run Dry System
Mechanically driven
diaphragm-style vacuum pump
50 cfm (.02 ems)
Positive sealing air separation
w/stainless steel components
Swing style; ductile iron w/nitrile disc
Oil-lubricated mech. seal allows pump
to run completely dry without damage
♦ Franklin Electric
FEATURES AND BENEFITS
• Indefinite run-dry capability
• Extreme flow technology
• Environmentally safe priming system: Pioneer Prime
• Auto-start controls
PARTS KITS
Mechanical Seal Kit: 372000109
Bearing Frame Kit: 37300107
Priming Chamber Assembly: 1060015894
PACKAGE SPECIFICATIONS
Fuel Capacity 75 gal (284 L)
Control Panel LOFA CP900
Operating Speed (Min./ Max.) 1,000 / 2,200 rpm
Weight (Dry/ Wet) 3670 lbs / 4200 lbs
Upper Vacuum Kit: 374000102
Lower Vacuum Kit 374000103
Instrument Compatibility High/low level floats
Trailer Brakes Electric
Enclosure dB(A) Rating 69 dB(A)@ 23 feet (7 meters)
Optional Adders
Telemetry Ready
3-watt solar charger, 10-watt solar charger, corner jacks, float switch, hose racks, pressure gauges
Options available
MATERIALS OF CONSTRUCTION
Impeller
Shaft
Wear Ring
Suction Cover
Volute
Brae-Plate/Bracket
Mechanical Seal
CA6NM Stainless Steel
17-4 PH Stainless Steel
ASTM A48 Class 40 Gray Iron
Ductile Iron ASTM A536 65-45-12
Ductile Iron ASTM A536 65-45-12
Ductile Iron ASTM A536 65-45-12
Silicon Carbide rotating and Tungsten Carbide stationary ATTACHMENT B 890
MECHANICAL DIMENSIONS
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200 60
180
50 160
140
40 0
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30 100
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20 60
40 10
20 0 0
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CAPACITY
0 50 100 150 200 250 300 350
GPM 1800
M
3 /HR
400
� Franklin Electric pioneerpump.com l 503.266.4115 M9004 10-22 ATTACHMENT B 891
PIONEER PUMP INC.
Specification Sheet for Pioneer Prime Pump Series
Pioneer Prime Pump Model: PP44S10L71-TD2.9 L4
DOT Enclosed Trailer Mounted Diesel Pump Package
The unit described by this specification is the manufacturer's latest production model for the year solicited and is equipped with all the standard equipment in accordance with the manufacturer's pertinent literature. A copy of the literature shall accompany the bid along with any applicable infonnation necessary to verify the unit either meets or exceeds each of the following specifications.
Delivery
The unit will be delivered complete, assembled accordingly, serviced and ready for operation.
Terms and Conditions
Pioneer Pump's current terms and conditions, including limited warranty policy, can be found on our website http://www.pioneerpump.com from the homepage by selecting More> Resources> Terms and Conditions or by following this link:
http://pioneerpump.com/media/228840/m5132 pioneer terms and conditions.pdf Pioneer Prime DOT Enclosed Trailer Mounted Pump Package Package model is a PP44S 1 0L 71-TD2.4 GL2, manufactured by Pioneer Pump Inc.
Design Requirements:
Maximum Operating Speed:
Minimum Solids Handling Capability:
Suction Size:
Discharge Size:
Maximum Suction Lift:
Pump Maximum Flow @ Runout:
Pump Maximum Head @ Shutoff:
2200 RPM
3.00 Inches
4.00 Inches
4.00 Inches
28 Feet
1700 GPM
150 Feet
310 South Sequoia Parkway ■ Canby, Oregon 97013 ■ USA 11 Te/503.266.4115 ■ Fax503.266.4116 www.pioneerpump.com
ATTACHMENT B 892
PIONEERPUfv1P
PERFDRMANCET�. - =:__=_=_=_=_=_=_=_=_=_=_=======-=-=---- %� �
•
Pioneer Prime DOT Enclosed Trailer Mounted Pump Specifications:
Pump Details:
Model: PP44S10L71-TD2.9L4
The heavy duty, high performance, end suction centrifugal pump shall be equal to the Model PP44S 1 0L 71 manufactured by Pioneer Pump Inc. It shall be of the solids handling type with a continually rising performance curve to shut-off. 3.0-inch minimum spherical solids handling capability. The pump casing is of back pull-out and suction cover design for ease of maintenance with heavy wall sections to provide long life under abrasive and corrosive conditions.
Suction Spool
The suction spool is constructed of heavy section ASTM A536 Grade 65-45-12 Ductile Iron. The suction spool flanges are ANSI Class 150 and is sealed to the suction cover with a Viton O-ring.
Suction Cover
The suction cover is constructed of heavy section ASTM A536 Grade 65-45-12 Ductile Iron. The suction cover flange is ANSI Class 150 and houses the pump suction wear ring. The suction cover is sealed to the volute with a Viton O-ring.
Volute
The volute is constructed of heavy section ASTM A536 Grade 65-45-12 Ductile Iron. The volute flange is ANSI Class 150. The volute contains a contoured cleanout cover and is sealed with a Viton O-ring.
The volute is sealed to suction cover and back plate with Viton O-rings.
Impeller
The impeller is constrncted of heavy section ASTM A 744 CA6NM Stainless Steel. The impeller is to be fully enclosed, non-clog type with back vanes to reduce axial thrust and lower stuffing box pressure.
Semi-open or open impellers will not be accepted as equal. The internal vane edges will be well rounded to present smooth flow. The impeller is to be balanced, with a straight, non-tapered bore and will be keyed to the shaft and secured with a Stainless-Steel impeller lock screw. The impeller is to handle a maximum 3.0 inch spherical solid.
Suction Wear Ring
• A single suction wear ring located in the suction cover is of a peripheral type requiring no adjustment.
The wear ring is to be press fit into position and replaceable in the field. The wear ring is to be constructed of ASTM-A48, Class 40 Gray Iron.
Back Plate
310 South Sequoia Parkway a Canby, Oregon 97013 ■ USA ■ Te/503.266.4115 ■ Fax503.266.4116 www.pioneerpump.com
ATTACHMENT B 893
=
PIONEER PU/VIP
PERFDRMANCET�===--=_=_==_=�-=-=�-=�7II:rn¾
The back plate is constructed of heavy section AS1M A536 Grade 65-45-12 Ductile Iron. The back plate is dished style and houses the mechanical seal's stationary seat. The back plate is sealed to the volute and bracket with Buna-N O-rings.
Bracket
The bracket is constructed of heavy section AS1M A48 Class 30/35 Cast Iron. The bracket is of the enclosed design and contains oil for mechanical seal lubrication when pump is running dry. The oil bracket capacity is to be minimum of½ gallon. The bracket is sealed to the back plate with Viton 0- nngs.
Seal Assembly
The mechanical seal is a single seal design incorporated with a dished style back plate. The mechanical seal is a run-dry design with an oil-filled enclosed style bracket for seal lubrication. The mechanical seal faces are Silicon Carbide rotating and Tungsten Carbide stationary. All seal elastomers are Viton.
The seal retainer and spring are to be constructed of Stainless Steel.
Bearing Frame and Bearings
The bearing frame is to be constructed of an ASTM A48 Class 30/35 Gray Iron. The bearings are to be of sufficient size to withstand the radial and axial thrust loads incurred during service. Bearings have a minimum B-10 bearing life of 100,000 hours. The bearings are protected from infiltration of liquid and contaminants by use of a cassette seal located at each end of the bearing frame.
Shaft
The pump shaft shall be constructed of ASTM A 747 17-4 Stainless Steel.
SAE Housing and Drive
The pump is to be coupled to engine with an S.A.E. #3 style direct mounted housing and a 11.5-inch rubber disc drive style coupling. The rubber disc drive coupling is to be self aligning and sized to handle full load driver horsepower and speed. The bracket is constructed of AS1M A48 Class 30/35 Gray Iron.
Discharge Check Valve
The pump is to have a full-opening, non-return discharge style check valve. The valve body is constructed of ASTM A 126 Class B Cast Iron. The disc is constrncted of Buna-N with Alloy Steel and Nylon reinforcement. The Cover Gasket is constructed of Buna-N or Compressed Non-Asbestos Fiber.
Priming System Specification
The vacuum pump is a mechanically driven, diaphragm style vacuum pump that requires no cooling liquid for operation of unit. The vacuum pump is capable of delivering up to 50 CFM of air handling 310SouthSequoiaParkway a Canby,Oregon97013 ■ USA ■ Te/503.266.4115 ■ Fax503.266.4116 www.pioneerpump.com
ATTACHMENT B 894
ability. The priming system incorporates a positive sealing float system to insure separation of air and liquid during the p1iming cycle. The vacuum pump body is constrncted of corrosion resistant aluminum, as is the actuator. The crankcase body is constructed of ASTM A48 Class 30 Cast Iron. Elastomers are of Buna-N and Viton. The float/separator chamber is constructed of steel. The float rod assembly and strainer are constructed of Stainless Steel. The pumping unit is capable of fully dry-priming from a start-up mode. The system can handle large volumes of air and liquid, in addition to intermittent flow conditions. The unit is capable of automatic priming and re-priming throughout its operation.
Engine
The engine shall be a four-cylinder, four cycle, liquid cooled, turbocharged diesel engine equal to a Deutz Model TD2.9L4 with a continuous duty rating of 58 HP@ 1800 RPM. The package shall include all necessary hardware and accessories to include, but not limited to electronic governor, 12-volt electric start and heavy-duty air cleaner. The instrument panel includes temperature & oil pressure gauges, ammeter, hour meter & tachometer. The instrument panel also includes automatic turn-on and shutdown for high and low level pumpage. The engine is fitted with a muffler with rain cap and battery. The engine shall utilize a DOC (Diesel Oxidation Catalyst) to reduce the level of particulates and nitrogen oxides. Engines that utilize a DPF (Diesel Particulate Filter), which require the engine to shut down during a regeneration cycle shall not be accepted.
Engine Specifications:
Manufacturer: Deutz
Model: TD2.9 L4
Type: Water Cooled, Diesel, In-Line, 4 Cycle, Direct Injection Number of Cylinders: Four
Aspiration: Turbocharged
Bore and Stroke: 3.60" x 4.30"
Displacement: 177 Cubic Inches (2.9 L)
Governor: Electronic
EPA Compliance: Final Tier 4
Engine Control Panel
The engine panel manufacturer is LOF A, model: CP750. The LOFA CP750 controller is an advanced engine control panel. It includes auto-start and manual operation capability to provide complete engine control, monitoring, and protection for both electronically and mechanically governed engines. It is compliant with tier 4F and Euro stage IV. The panel has multi-level PIN based menu access and an intuitive auto-start mode.
Panel Specifications:
• Housing: IP67 rated, powder coated Aluflex extruded aluminum with heavy-duty bracket and isolation mounts
• Display: 4.25" high resolution LCD with an LED variable backlight for viewing in direct sunlight or total darkness
• Keypad: 5 sealed push buttons
310 South Sequoia Parkway ■ Canby, Oregon 97013 ■ USA II Te/503.266.4115 ■ Fax503.266.4116 www.pioneerpump.com
ATTACHMENT B 895
• Key switch: IP64 rated with booted key and mechanical lockout to prevent restart attempts while . . .
engme 1s runnmg
• LEDs: (4) indicating auto standby, Preheat, Stop, and Warning Throttle control: Ramp throttle adjustment available via momentary rocker switch • Connectors: Sealed dual auto-start float switch connector, Sealed M12 transducer connector, industry standard 21-pin sealed engine harness connector Inputs and Outputs:
.
.
.
.
•
•
.
SAE J1939 Bus (CANbus 2.0B)
ECU/Solenoid Control Output (10 A continuous)
Starter Solenoid Output (70A 1 second, 10 A continuous) Auxiliary Multipurpose Output (1 A continuous)
Alarm Output (1 A continuous)
2 Auto-start Switch Inputs
Transducer Auto-start Input (4-20 mA or optional 0-5VDC) 2 Auxiliary Shutdown Switch Inputs
Fuel Sender Analog Input
RS485 Serial Inte1face for Auxiliary Equipment
Frame, Trailer, and Enclosure
The package is our Greenline which includes a heavy-duty fabricated steel frame with a lower rail that allows the axle to be adjusted horizontally on the skid and mounting slots on the top rail that give adjustability to engine and pump location. Top rail includes cut-outs in the slots for carriage bolt or isolator installation. Includes an integral 75-gallon fuel tank with fuel gauge, leak proof fuel cap, and one 1" NPT clean-out/drain plug. Skid is designed to be fully modular. Pump, engine, axle, bail, and support brackets are all bolt-on and able to be removed/adjusted quickly and easily.
The trailer will feature a center-point lifting bail, pintle hitch/adjustable towing bar, safety chains, lights, plastic fenders, two rear jack mounts, and a 5200# single torsion-flex axle with heavy-duty tires/wheels.
The enclosure is manufactured from heavy duty sound deadening materials. It includes galvanneal panels that are lined with mass-loaded vinyl and rock-wool insulation. The lockable door panel can be quickly removed without tools for easy and direct access to the pump. This enclosure also includes dedicated Diesel Exhaust Fluid (DEF) tank access and a rubber grommet sealed door that can be used to quickly plumb in wires for transducers or floats.
Factory Painting
Pumps and exposed steel framework shall be cleaned prior to painting. Exposed smfaces to be coated with one coat gray W.R. non-lift primer and one coat Pioneer Green (RAL: OC-00D034). The finish coat shall be 1.0 to 1.5 MIL dry film thickness (minimum). The factory finish shall allow for overcoating and touch up after final installation. 310 South Sequoia Parkway a Canby, Oregon 97013 ■ USA ■ Tel 503.266.4115 ■ Fax 503.266.4116 www.pioneerpump.com
ATTACHMENT B 896
City of Stockton
Legislation Text
File #: 25-0005, Version: 1
APPROVE MOTION TO AUTHORIZE THE PACIFIC GAS AND ELECTRIC EXTENSION
AGREEMENT FOR THE AQUATIC FACILITIES RENOVATIONS - VICTORY PARK POOL
RECOMMENDATION
It is recommended that the City Council approve a motion to approve and authorize the City Manager to execute the Gas and Electric Extension Agreement with Pacific Gas and Electric in the amount of $131,035.91, for electrical service upgrades for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
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
Victory Park is located on the west side of Pershing Avenue between Acacia Street and Picardy Drive (Attachment A). The Aquatic Facilities Renovations - Victory Park Pool project will demolish the existing pool and restroom/mechanical building and replace it with a new pool, spray-ground, restroom/mechanical building, and parking lot. The existing basketball court will also be demolished, and a new one will be constructed east of the existing tennis ball court.
The project requires Pacific Gas and Electric (PG&E) to upgrade the existing electrical service. A Gas and Electrical Extension Agreement (Attachment B) needs to be executed for PG&E to start ordering the material necessary for the electrical upgrades. Staff recommends Council authorize the execution of the Gas and Electrical Extension Agreement. Construction of the Victory Park Pool began in November 2024 and is anticipated to be completed by summer 2025.
DISCUSSION
Background
Victory Park is located on the west side of Pershing Avenue between Acacia Street and Picardy Drive (Attachment A). Victory Park measures over 22 acres and includes the Haggin Museum and rose garden, a basketball court, baseball diamonds, tennis courts, a children’s playground, Fire Station No. 6, and a swimming pool. The current swimming pool has been closed since 2013 due to building code deficiencies and repairs exceeding replacement costs. The existing pool site will be demolished, and a new swimming pool, spray-ground, restroom/mechanical building, and parking lot will be constructed in its place. The existing basketball court will also be demolished, and a new one will be constructed east of the existing tennis ball court.
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File #: 25-0005, Version: 1
On May 24, 2022, by Motion No. 2022-05-24-1221, Council awarded a Professional Services Contract to Studio W Architects of Sacramento, CA, for design of the Aquatic Facilities Renovation and Replacement - Victory Park Pool, Project No CR18020. Final construction documents were completed in June 2024.
On June 4, 2024, by Motion No. 2024-06-04-1213, Council awarded a Professional Services Contract to Roebbelen Construction Management Services, Inc. for construction management services for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
On September 17, 2024, by Motion No. 2024-09-17-1206, Council awarded a construction contract to CWS Construction Group, Inc. of Novato, CA, for the Aquatic Facilities Renovations - Victory Park Pool, Project No. CR18020.
The Aquatic Facilities Renovations - Victory Park Pool project will require electrical service upgrades to accommodate the new pool facility, mechanical equipment, basketball court lighting, and pathway lighting at Victory Park. Consequently, PG&E requires the project to include the installation of necessary conduits, transformer pads, and pull boxes per PG&E standards. PG&E will complete the electrical service upgrade with a new transformer and energize the system.
Present Situation
PG&E has provided a Gas and Electrical Extension Agreement for their scope of work. PG&E offers two payment options for this type of project: the 10-year refundable advance option and the nonrefundable 50 percent discount option. The 10-year refundable advanced option for electric is for development or subdivision projects and is not applicable to this project. Therefore, the 50 percent non-refundable option in the amount of $131,035.91 is applicable.
The Agreement amount is over $100,000 and requires City Council approval. Staff also recommends Council approve a motion to authorize the City Manager to execute the Gas and Electric Extension Agreement.
FINANCIAL SUMMARY
Sufficient funding is available in the Aquatic Facilities Renovations - Victory Park Pool, Project No.
CR18020 to fund the Gas and Electric Extension Agreement with PG&E in the amount of $131,035.91.
There is no financial impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Gas and Electric Extension Agreement
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STOCKTON DEEP WATER CHANNEL
PERSHING AVE.
W. ROSE ST.
ACACIA ST.
SMITH CANAL
AQUATIC FACILITIES RENOVATIONS -
VICTORY PARK POOL, CITY PROJECT NO. CR18020
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
VICINITY MAP
NOT TO SCALE
LEGEND
N
PROJECT LOCATION
CITY LIMIT
COUNTY LIMIT
PROJECT LOCATION
ATTACHMENT A
899
900
901
902
903
904
905
906
907
908
City of Stockton
Legislation Text
File #: 24-1262, Version: 1
APPOINTMENT TO THE STOCKTON PARKS AND RECREATION COMMISSION
RECOMMENDATION
It is recommended that the City Council approve a resolution appointing one commissioner to the Parks and Recreation Commission for a term effective immediately and ending December 31, 2028.
Summary
On December 31, 2024, the term of Commissioner Gina Calder expired, thus creating one vacant term to be filled. Step one of the process requires the City Clerk to conduct the applicant interviews.
Eight applications were received and two individuals were interviewed. The interviews were recorded and broadcasted on the City’s website so that they could be viewed through the archive by the members of the City Council before tonight’s meeting. Step two is the City Council appointment process, which is scheduled for this evening.
DISCUSSION
Background
The function of the Parks and Recreation Commission is to act as the agent of the governing boards of its constituents (City of Stockton, County of San Joaquin, and Unified School Districts representing Stockton, Lincoln, Lodi, and Manteca).
The four-year term of Gina Calder expired on December 31, 2024, which created the one vacancy we are seeking to fill this evening. The term for the newly appointed Commissioner will be effective immediately and will end on December 31, 2028.
By the close of the recruitment period, eight applications were received to fill the position.
Pursuant to Council Policy Chapter 3.02, City Council and Mayoral Appointments to Boards, Commissions, and Committees, the following two-step interview and appointment process is used to fill current vacancies on boards and commissions:
1. The City Clerk conducts the initial applicant interviews, which are recorded so that the Council can view from the archive; and,
2. The Council makes the appointment at a regularly scheduled Council meeting.
The City Clerk’s Office scheduled interviews on December 11, 2024 and December 17, 2024. Five of the eight applicants responded to the invitation to interview with the following two that appeared:
1. Pandora Crowder
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File #: 24-1262, Version: 1
2. Gina Calder - Incumbent
The applicants were notified of tonight's meeting; however, their attendance is not mandatory.
Present Situation
Tonight, the City Council will proceed with the following method for appointment pursuant to Council Policy Chapter 3.02:
1. From the list so provided to the Council, each Councilmember, including the Mayor, will rank the applicants for each Commissioner such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember’s first choice for appointment will be ranked with the number “2” and the Councilmember’s second choice with the number “1.” If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the Councilmember will assign to the Councilmember’s first choice the higher(est) number and lesser number(s) to the Councilmember’s other choice(s). For example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number “3” to the Councilmember’s first choice, the number “2” to the Councilmember’s second choice and the number “1” to the third choice.
2. After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification, be appointed. If there is a tie, then the process described in A above will be repeated only as to the applicants who are tied.
The City Clerk will present the resolution upon appointment of the individual selected to fill the vacancy effective immediately and ending on December 31, 2028.
FINANCIAL SUMMARY
There is no financial impact to the City as a result of this appointment.
Attachment A - Redacted Applications
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Submit Date: Nov 25, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 3
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Gina R Calder
Stockton CA
Gina R Calder
Attachment A 911
If yes, please list
Parks and Recs commissioner
Which Boards would you like to apply for?
Parks and Recreation Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I have always been very involved with this community. My locally owned business is a staple in this community and I am honored to be able to give back to the community that has always supported me. I have many concerns for our City and am excited to help to make Stockton a City that we will always be proud of.
Please state the reason you would like to be a member of this board/commission.
I am active on many boards within the City and County. I am interested in the well being of our parks and recreational spaces. One of the spaces in our community that is near and dear to my heart is Pixie Woods; I have proudly served on this board for almost 10 years.
Have you served on an advisory group before?
Yes No
Gina R Calder
Attachment A 912
If yes, please explain.
Pixie Woods, Executive Board Chamber of Commerce, Executive Board Dameron Hospital, Executive Board
How did you hear about the position?
An email that was sent by John Wright during a Pixie Woods Board Meeting City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Enter Your Initials:
GRC
Date Signed
11352024
Gina R Calder
Attachment A 913
Submit Date: Nov 04, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Pandora J Crowder
Stockton CA
Pandora J Crowder
Attachment A 914
Which Boards would you like to apply for?
Parks and Recreation Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a Community Advocate in South Stockton (mostly westside). I have been very invested and active with the Van Buskirk Golf Course and the updates to the Van Buskirk Community Center. I want to be of service to all of Stockton for our kids and seniors in regards to what is available and the use of our parks and community centers.
Pandora J Crowder
Attachment A 915
Upload a Resume
Please state the reason you would like to be a member of this board/commission.
I want to be of service to all of Stockton for our kids and seniors in regards to what is available and the use of our parks and community centers.
Have you served on an advisory group before?
Yes No
If yes, please explain.
I currently sit on the Board of Directors for Community Medical Centers as a Consumer and I am the current President for the Conway Homes Resident Council. I also sit on the Stockton Housing Innovative Fund committee.
How did you hear about the position?
I received an email from the City of Stockton
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
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Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Pandora J Crowder
Attachment A 916
Enter Your Initials:
pjc
Date Signed
11/04/2024
Pandora J Crowder
Attachment A 917
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE MEMBER TO THE STOCKTON PARKS AND
RECREATION COMMISSION
On December 31, 2024, a vacancy opened on the Stockton Parks and Recreation Commission due to Gina Calder successfully completing her term, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
The City Council hereby appoints
to serve on the Stockton Parks and Recreation Commission for a term effective immediately and ending December 31, 2028.
PASSED, APPROVED, and ADOPTED January 21, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
918
City of Stockton
Legislation Text
File #: 25-0048, Version: 1
DISCUSSION: ASM GLOBAL MANAGEMENT CONTRACT
RECOMMENDATION
Discussion only; no action to be taken.
Summary
This will be an informational discussion, at the request of Council, regarding the ASM Global Management Contract.
DISCUSSION
To support the Council’s discussion, staff was asked to provide the ASM Global Agreement, related extensions, and communications and related records concerning an alleged threat toward the vendor.
Supporting documents have been provided as attachments A and B.
Attachment A - SMG (ASM) Contract Original Through 2031 Extension Attachment B - CPRA_ASM_Requests_Responses
City of Stockton Page 1 of 1 Printed on 1/17/2025
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919
MA
NAGEMENT AGREEMENT
BETWEEN
CITY OF STOCKTON, CALIFORNIA
AND
SMG
8 # 1257589 v.6
ATTACHMENT A 920
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT (this "Agreement") is dated and effective as of the 25th day of Febmary, 2011, by and between the CITY OF STOCKTON, CALIFORNIA, a municipal corporation organized and existing under the laws of the State of California ("City"), and SMG, a Pennsylvania general partnership ("SMG'').
BACKGROUND
The City is the owner of the Stockton Arena (the "Arena''), the Bob Hope Theatre (the "Theatre"), Oak Park Ice Arena (the "Ice Center'') and Banner Island Ballpark (the "Ballpark"), which together with the Arena, the Theatre and the Ice Center are individually and collectively, as the context requires, the "Facility" or the "Facilities".
SMG is engaged, among other things, in the business of providing full service management services, including operations and marketing services for public assembly facilities.
The City desires to engage SMG, and SMG desires to accept such engagement, to promote, operate and manage the Facilities on behalf of the City, on the te11ns and conditions set forth herein. The City intends to work in mutual accord with SMG in order to ensure provision of high quality management services, thereby enhancing the use and enjoyment of the Facilities.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and agreements herein contained, the pal'ties hereto, intending to be legally bound, hereby agree as follows:
1. • Definitions.
In addition to the capitalized tenns defined elsewhere in this Agreement, the following terms have the meanings referred to in this Section 1:
"Advertising" means all announcements, acknowledgements, banners, signs, panels, scoreboard panels, dasher boards, show bills, promotional materials, handouts and other printed materials and promotional product sampling, and audio or visual commercial messages displayed, announced or otherwise presented in the Facilities including, without limitation, video messages.
"Affiliate" means a person that directly or indirectly controls or is controlled by, or is under common control with, a specified person. For purposes of this definition, "control" means ownership of equity securities or other ownership interests that represent more than 50% of the voting power in the controlled person.
"Agency" means the Redevelopment Agency of the City of Stockton, a public body, corporate and politic, established and organized pursuant to the Community Redevelopment Law.
"Agreement" means this Management Agreement.
1 B # 1257589 v,6
C..
ATTACHMENT A 921
(
(
''Approved Budget" means the Budget submitted by SMG, accepted by the City and approved by City Council pursuant to Section 5 hereof, and any amendments thereto as provided in this Agreement.
"Arena" means the City owned approximately 10,000 seat multi�purpose arena at 248 Fremont Street in Stockton, CA.
"Arena Parcer' means the parcel within the Events Center designated as Parcel 4 on the parcel map for the Events Center property, upon which the Arena was constructed, which Parcel 4 was leased to Agency and Agency leased back Parcel 4 and improvements for purpose of bonds, which financed the construction of the Arena.
"Authorized Representative" means the person named by either party to be its authorized representative under this Agreement who shall be the liaison for such party with the other party on all matters relating to this Agreement. In the case of the City, such representative shall be named by written notice to SMG by the Office of the City Manager, and in the case of SMG, such representative shall generally be the General Manager appointed hereunder, but may also include SMG's regional or senior personnel who oversee the Facilities for SMG. "Ballpark" means the City-owned baseball park, accommodating approximately 5,000 spectators, which currently serves as the home of the Stockton Ports professional baseball team of the Class A California League.
"Ballpark Fund" means the fund maintained pursuant to Article 7 of the Ball Park License Agreement; which shall be a City Account, owned, controlled and maintained by the City.
"Ball Park License Agreement" means the license agreement regarding the use of the Ballpark between the City and the Ports.
"Base Fee" means the fixed management fee payable to SMG pursuant to Section 4.1 hereof.
"Benchmark" means Three Million Five Hundred Thousand Dollars and 00/100 ($3,500,000) of Operating Revenues for only the Arena and Theatre, which was determined by using the average Operating Revenues for the Arena and Theatre for the 2008 and 2009 Fiscal Years, as shown in Exhibit "A" of this Agreement,
"Bonds" has the meaning provided in Section 2,5.
"Budget" means, for any one Fiscal Year of the Term, a draft operating budget, annual cash flow budget and Capital Expenditure forecast to be prepared by SMG under the provisions of Section 5 of this Agreement and submitted to the City for its acceptance and presentation to the City Council.
''Business Plan" means the annual business plan due March 1 of each year with meaning set forth in Section 2.6 (a)t and as otherwise provided in this Agreement.
B # 1257589 v,6
ATTACHMENT A 922
"Capital Equipment'' and "Capital Improvements" means any and all furniture, ( fixtures, machinery or equipment, either additional or replacement, having a per item original cost of $5,000· or more or any and all building additions, alterations, renovations, repairs or improvements that have an initial dollar cost of not less than $5,000 per project, with an estimated useful life of more than one year.
"Capital Expenditure" means funds budgeted or expended on Capital Equipment or Capital Improvements.
"Catering" means the business of selling and delivering food and beverages directly to patrons of the Club Seats, Luxury Suites, meeting rooms, party areas, backstage areas and other spaces where special events are held at or in connection with the Arena. "City" means the City of Stockton, CA.
"City Events,! means up to ten ( 10) City Events which may be held annually in the Arena and up to ten (10) City Events which may be held annually in the Theatre. "City Manager" means the City Manager of the City.
"Club Seats'' means the 344 specialized seats and related loWlge and comfort areas in the Arena.
"Concession(s)" means the business of selling food, beverages or Merchandise to patrons of any Facility at or in connection with Events. (
"Concessionaire" means any person or entity operating a Concession in any Facility or providing Catering in any Facility. The same Concessionaire may operate more than one of these services.
"Concessions Agreement" means that certain Concessions Agreement by and between the City, as assignee of IFG-Stockton Management, L.P., Stockton Sportservice, L.L.C, and Sportservice Corporation.
'"Event(s)" means all revenue or non-revenue producing sports, entertainment, cultural, religious, governmental, civic, and all other activities conducted at each Facility, excluding events conducted by Ports at the Ballpark pursuant to the Ball Park Agreement. "Events Center" means the area bounded by North Harrison Street, West Fremont Street, North Commerce Street and the Stockton Channel, and which contains the Arena, the Ballpark, parking garage, surface parking lots, open space, marina, and related City-owned improvements.
"Facility Use Agreement" means the license agreement SMG shall prepare for City review and approval to-be entered into by users of the Facilities, excluding tenant sport teams. "Fiscal Year" means a one�year period beginning July 1 and ending JUD.e 30. 3 B # 1257589 v.6
(
ATTACHMENT A 923
( "General Manager'' means chief operating employee of SMG for the Facilities. "Hockey Lease Agreement" means that agreement between the City and the Hockey Team Owner relating to the use of the Arena fox hockey games. "Hockey Team Owner" means SC Hockey Franchise Corp., the owner of the East Coast Hockey League team that plays its home games at the Arena, currently known as the Stockton Thunder, or any approved successor, assign or any entity that acquires all or substantially all of the assets of such team.
"Ice Center" means the City owned Oak Park Ice Arena at 3545 Alvarado Ave., Stockton, CA.
"Incentive Fee" means collectively the Level 1 Incentive Fee and the Level 2 Incentive Fee,
"Laws" means all federal, state, local and municipal regulations, ordinances, statutes, rules, laws and constitutional provisions.
"Lease Agreement" means the agreement entered into between the Agency and the City, dated on or about April 1, 2004, pursuant to which the Agency leased to the City the Arena Parcel and the Arena in connectio11 with the Bonds.
"Level 1 Incentive Fee" means the incentive fee that may be earned by SMG pursuant to Section 4.2(a) hereof.
"Level 2 Incentive Fee" means the incentive fee that may be earned by SMG pursuant to Section 4.2(b) hereof.
"Losses" means any and all losses, liabilities, claims, actions, causes of action or demands, damages and expenses (including reasonable attorneys' fees). "Luxury Suites" means the twenty�four (24) suites (with 12 seatc; per suite) within the Arena.
"Maintenance Capital Fund" means the fund established by the City for Capital Improvement and Capital Equipment expenditures for the Arena; which shall be a City account, owned, cont.rolled and maintained by the City.
"Management Term" has the meaning set forth in Section 3.1 hereof. "Material Contract" means any contract with a value in excess of $20,000 annually (with the exception of Facility Use Agreements), any contract for pouring rights or naming rights, or any contract with an Affiliate of SMG
"Merchandise" means any and all novelties, souvenks, recordings, merchandise, programs and like or similar items sold in connection with Events at any Facility. 4 B # 1257589 v.6
ATTACHMENT A 924
"Net Operating Loss/Profit" means, with respect to a Fiscal Year, the excess, if any, of Operating Expenses for (.-- such Fiscal Y ea1' over Operating Revenues for such Fiscal Year in the case of a loss, and the excess, if any, of Operating Revenues for such Fiscal Year over Operating Expenses for such Fiscal Year in the case of a profit.
"Operating Expenses'' means any and all expenses and expenditures of whatever kind 01· nature incurred by SMG, directly 01· indirectly, in promoting, operating, maintaining and managing the Facilities, including without limitation those expenses set forth on Exhibit "B" attached hereto, all as determined in accordance with generally accepted accounting principles, consistently applied; provided that Operating Expenses shall not include expenses or expenditures in connection with Capital Equipment and Capital Improvements purchases. In addition, solely in connection with calculating SMG's Incentive Fee hereunder, Operating Expenses shall exclude the Base Fee, depreciation and amortization, interest, debt service, income taxes, and all emergency and extraordinary expenses. "Operating Revenues" means any and all revenues of every kind or nature derived by SMG, directly or indirectly, from owning, operating, managing or promoting the Facilities, including without limitation those revenues set forth on Exhibit "B" attached hereto, all as determined in accordance with generally accepted accounting principles, consistently applied. "Parking District" means Stockton Centml Parking District (CFD 2001-01) and any successor thereof.
"Ports" means 7th Inning Stretch, LLC, a California limited liability company, doing ( business as the Stockton Ports, a professional baseball team that is a member of the California '-.
League, or any approved successor or assign.
"Pre•existing Agreements" means each contract, license, agreement, option, lease and commitment existing as of the date of this Agreement that grants any person any right (i) to license, use, occupy or rent all or any portion of the Facilities, or (ii) to provide services to be used in the management, operation, use, possession, occupation, maintenance, promotion or marketing of all or any portion of the Facilities, and that are only listed on Exhibit "C" hereto. "Renewal Term" means the additional period for which this Agreement may be renewed in accordance with Section 3 .1 (b) hereof.
"Security Plan" means the security plan to be updated by SMG, as a component of the Business Plan, by March 1 of each year and submitted to City for review and approval as provided in Section 2.6(m).
"Site Lease" means the agreement entered into between the Agency and the City, da1ed on or about April 1, 2004, pursuant to which the City leased to the Agency the Arena Parcel in connection with the Bonds.
"SMG Capital Contribution" means the sum of One Million Dollars and 00/100 ($1,000,000) to be contributed by SMG to the
.
City on the first business day following the
commencement of the Management Tenn, and to be utilized, as provided in Section 5.6(a) hereof. 6 \._
5 B # 1257589 Y,6
ATTACHMENT A 925
(
(
"Term" means the Management Term or Renewal Term, as applicable. "Theatre" means the 2,000 seat, historic Bob Hope (Fox) Theatre located at 242 E. Main Street in Stockton, CA.
2. Engagement of SMG.
2.1 Exclusivity. Subject to the terms and conditions set forth in this Agreement, City hereby engages SMG, on an exclusive basis, to manage, operate, and promote the Facilities during the Term, and SMG hereby accepts such engagement. In such capacity, SMG shall have exclusive authority over the day-to-day operation of the Facilities and all activities therein.
Without limiting the generality of the foregoing, the services to be provided by SMG shall include those desclibed on Exhibit "D" attached hereto.
2.2 Standard of Care. SMG shall perform its obligations hereunder in conformity with the standard to which an operator of a comparable assortment of multi-purpose public entertainment Facilities would operate. Due to the City's need to retire debt on the Arena, SMG shall direct Events that generate substantial revenue to the Arena rather than the other Facilities to the extent such an Event would be appropriate in the Arena. SMG is to operate the Facilities in keeping with the management goals set each year pursuant to the annual Approved Budget, with the overarching goal of having the Arena Operating Revenues equal or exceed its Operating Expenses; ptovided, however, the City hereby acknowledges that it is highly possible that the Arena will not achieve such goal and that SMG is not responsible for the Arena not attaining such goal in any Fiscal Year. City recognizes that Operating Revenues for the Arena are incapable of being estimated with reasonable certainty given that the entertainment industry as a whole fluctuates based upon general economic conditions, current trends in entertainment, available income of patrons, competitive facilities and a variety of rapidly changing factors beyond the control of SMG. SMG has made no, and disclaims any purported or actual, representation or warranty as to the results which can be expected from the ownership and operation of the Ai-ena including, without limitation, the Operating Revenues or Operating Expenses or the accuracy of its projections and estimates thereof. City recognizes and accepts that all budgets and projections represent SMG's estimate of the expected expenditures and revenues and that SMO is in no way responsible or liable if the actual expenditures and revenues are more or less than that projected; provided, however, nothing in this Section shall be construed to authorize SMG to expend funds other than in accordance with the provisions of this Agreement. SMG shall exercise its diligent, good faith efforts in managing and operating the Facilities according to these standards. In this connection, the parties agree that SMG, in establishing. and implementing its booking policies, may schedule not only those Events that generate substantial direct revenue to each Facility, but also those Events that produce less direct revenue but, in SMG' s good faith judgment, generate either a significant economic, cultural, or other benefit to City or otherwise serve the public interest; provided that no use of the Facilities shall be permitted without a reasonable charge for such use, except for the City Events.
2.3 Duty and Liability. SMG owes to City a duty to perform its obligations under this Agreement and to conduct the management and operation of the Facilities at all times with integrity and good faith consistent with the well being of the greater Stockton community, in a manner which is consistent with industry practices and all applicable Laws. SMG shall use best 6 B # 1257589 v.6
ATTACHMENT A 926
and most reasonable efforts to require that all persons using the Facilities or attending Events at the Facilities comply with all legal requirements of all governmental authorities having jurisdiction over the Facilities; provided, however, SMG shall not be liable for any such non� compliance so long as SMG has used its best and reasonable efforts as provided in this Section.
To ensure compliance with this provision, SMG shall provide in a timely manner to the City, upon written request, documentation supporting the methodology used by SMG pertaining to the allocation of costs, expenses and revenue for any Event or for the operation and maintenance of any Facility.
SMG shall follow such policies and guidelines established by the City that are applicable to the operation and maintenance of the Facilities. However, to the extent that such a policy or guideline hereafter established or modified by the City significantly and adversely affects (i) the Benchmark or paid attendance;· (ii) Operating Revenues; or (iii) Operating Expenses (such as increases in premiums for liability insurance or cost of utilities), or to the extent that other agreements affecting the Facilities are modified by the City subsequent to the effective date of this Agreement which adversely affect expenses or revenues of the Facilities, then City and SMG shall meet, confer and discuss possible options, including amendments to this Agreement, with respect to the impact of such items or circumstances.
2.4 Inspection of Facilities. The City Manager and the designated City (
representatives shall have the right to enter all portions of the Facilities to inspect same, to· observe the performance by SMG of its obligations under this Agreement, to install, remove, adjust, repair, replace or otherwise handle any equipment, utility lines, or other matters in, on, or about the Facilities, or to do any act or thing which the City may be obligated or have the right to ( do under this Agreement. In connection with the exercise of such rights, the City will endeavor "- to provide (but is not obligated to provide) advance notice to SMG for security purposes and to minimize any interference with 01· disruption of SMG's work under this Agreement. This Section
2.4 is not intended to nor shall it be be construed to limit any other rights of the City under this Agreement, nor shall it impose or be construed to impose upon the City any independent obligation to construct, maintain or make repairs, replacements, alterations, additions or improvements, or create any independent liability for any failure to do so.
2.5 Tax-Exempt Financing. SMG acknowledges that the City has financed the majority of the cost of construction of the Arena with tax-exempt bonds (the "Bonds"). Except for any actions that SMG is directed to take by the City, SMG hereby agrees that it will not knowingly take any actions that would (i) result in the Bonds becoming "private activity bonds" or (ii) would otherwise cause the interest on the Bonds to become subject to federal income taxes. In the event any term or condition in this Agreement shall cause the City or SMG to violate any underlying covenant or condition associated with the Bonds, the Site Lease or the Lease Agreement, the parties agree to amend this Agreement in a manner to avoid violating any underlying covenant or condition associated with the Bonds.
2.6 Operational Responsibilities. Subject to the limitations set forth in this Agreement and the Approved Budget, SMG shall perf01m the following services for each Facility during the Term:
7 B # 1257589 v.6
ATTACHMENT A 927
( ' (a) Business Plan. By March 1 of each year that this Agreement is in effect, SMG shall prepare and submit to City an annual Business Plan, which (among the several components provided for in this Agreement) shall set forth in detail SMG's strategy for managing, operating, maintaining, marketing and promoting each Facility for the upcoming Fiscal Year, specifically including, but not limited to, (i) the types and quantity of Events t9 be pursued and booked to each Facility; (ii) attendance goals; (iii) Operating Revenues goals; and (iv) Operating Expenses goals for each Facility. The overarching goal of the Business Plan is to define the manner in which SMG proposes to operate and maintain the Facilities such that to the maximum extent reasonably possible Operating Revenues equal or exceed Operating Expenses on an annual basis for the Arena, and the other Facilities. City and SMG shall mutually evaluate the Business Plan and come to agreement as to the final content thereof no later than May 1 of each year. (b) Marketing and Promotion. SMG shall provide or cause to be provided mal'keting and promotional activities, which shall be undertaken in a manner consistent with optimizing the use of each Facility. SMG will pursue a promotional campaign for each Facility consistent with industry practices designed to showcase the Facilities within the sports and entertainment community. SMG shall be responsible for coordinating with City to ensure that appropriate Events are booked into each Facility. SMG shall submit a comprehensive marketing plan to the City each year as a component of the Business Plan.
SMG shall also work cooperatively with the Ports for Ballpark Events pursuant to the Ball Park License Agreement.
(c) Booking and Scheduling. SMG shall be responsible for booking and scheduling of all Events held at each Facility, except for the times the Ports operate the Ballpark pursuant to the Ball Park License Agreement. However, City shall approve the general types of Events SMG intends to schedule. If an Event involves a financial risk to City, if more than ten (10) dates per year are involved or if the safety of the public is jeopardized, SMG shall contact City for approval prior to booking such Event. SMG shall attempt to optimize the use of each Facility. SMG shall use the provisions of Section
5.2(c) of the Ball Park License Agreement for the booking priorities at the Ballpark.
SMG shall meet at least quarterly with the Ports and teams using the Arena to coordinate the schedules for the Ballpark and the Arena. SMG shall make available to the City's designated representative, on a read-only basis, online, 1-eal-time access to SMG's computerized Event scheduling calendar system for the Facilities (SMGBooking.com) which sets forth the scheduled and tentatively scheduled Events, and Event holds, for each Facility. It is understood and agreed that the information contained on said system is and must remain strictly confidential at all times and that disclosure thereof could adversely affect the operation and management of the Facilities, and that therefore City agrees to establish appropriate safeguards within the City in order to insure such confidentiality, including limiting access to certain individuals. It is understood and agreed that, in some instances, SMG may desire to book an Event in a Facility, which involves some risk, such as the payment of a guaranteed gate to an act or promoter. SMG shall offer the City the opportunity to act as a promoter or co-promoter of each such Event. In this regard, City and SMG shall agree upon a process by which such Event is submitted to the City along with an analysis of the risk involved. If the City is unwilling to permit SMG to assume such risk on behalf of the City, SMG or an Affiliate thereof 8 B 111257589 v.6
ATTACHMENT A 928
shall be entitled to act as a promoter 01· coMpromoter of such event, assume such risk, and (- shall thereafter be entitled to profit from the Event as such promoter or co-promoter. \ (d) City Events. SMG agrees to accommodate City Events below the established rental rate or license fee, or free of same, upon reasonable notice to SMG, provided, however, it is understood and agreed that any and all of SMG's out-ofMpocket Operating Expenses incu11ed as a result of such City Event will be paid accordingly. City Event bookings shall be booked according to rates and policies established by SMG and in accordance with availability. It is understood and agreed that SMG may book certain Events which do not provide significant Operating Revenues for the Facilities but which have a significant economic, cultural or other benefit to the City or the community at large, or which otherwise serve the public interest, provided however that no use of the Facilities shall be permitted without a reasonable charge for such use with the exception of City Events.
(e) Sale of Advertising & Other Rights/Luxury Suites/Club Seats. SMG shall organize and conduct appropriate marketing efforts for the sale of Advertising, pouring or product rights, naming rights and other sponsorship or promotional opportunities at or in connection with the Facilities, and for the sale or licensing of Club Seats and Luxury Suites. SMG shall conduct such marketing and sales campaigns in the manner customary to the industry. Additionally, SMG shall organize and conduct any other sales and marketing campaigns that may result in sources of revenue for the Facilities. (t) Deposit of Revenues From Sales. SMG shall deposit all revenues generated for any Facility by SMG from sales or licensing, and any other similar revenues, in the Operating Account, and all such revenues shall be considered Operating Revenues for the purposes of this Agreement.
(g) Facility Use Agreements. SMG shall be responsible for negotiating and entering into Facility Use Agreements with the users of each Facility. SMG shall be responsible for developing the form of Facility Use Agreement. (h) Location Maintenance. SMO shall be responsible for all maintenance at (
each Facility, except as otherwise provided in the Ball Park License Agreement, including, without limitation, elevators, elements of the electrical and mechanical systems,
drains,
all furniture, fixtures and equipment, plumbing systems, building exterior, roof, sidewalks, entranceways, as well as custodial cleaning services, pest control and trash removal. The expense to SMG of providing the services under this Section shall be considered an Operating Expense. SMG shall be responsible for the clean�up of the Ball Park after each Event at the Ballpark not sponsored by the Ports, including, but not limited to the removal of all trash, cleanup and sanitization of all public restrooms, and returning the Ballpark to "broom clean" condition after each non-Ports Event. SMG shall follow the Clean�Up Plan for the Ballpark approved by the City pursuant to the Ball Park License Agreement. The City shall be responsibie to ensure that the condition of the Ballpark, including the playing surface of the ball field, complies with facilities standards for professional baseball after each nonM Ports Event, and prior to the commencement of any Ports' event.
• ('
9 B # 1257589 v.6
ATTACHMENT A 929
( (i) Operational Services. Except for Ports' events held at the Ballpark, SMG shall be responsible for all services requil'ed to present Events at each Facility, including but not limited to services involving the public and backstage areas, sound system, lighting system, stage rigging, dress areas, stage equipment, set up and tear down, and loading in and loading out. SMG will be responsible for providing all management staff, ticket sales personnel, front-of-house personnel, and other personnel (except as otherwise to be provided by the City) required for the operation of each Facility.
G) Ticket Sales. SMG shall be responsible for all aspects of ticket sales, including the supervision of arrangements with computerized ticketing services, for each Facility, except for the Ballpark for any Ports' events and except for season ticket packages and/or group sales as set forth in the Hockey Lease Agreement. The manner of effectuating ticket sales is subject to the approval of City. These services shall include ordering, selling and accounting for tickets, reporting ticket revenues for a given Event for each user of each Facility, cash and credit card processing, and auditing and accounting for each Event in a manner acceptable to the City. SMG shall enforce the provisions of the Hockey Lease Agreement so as to receive accurate and complete reporting by the Hockey Team Owner to SMG and City of all season ticket packages sold and group ticket sales so that allocations of revenues may be accurately and timely determined pursuant to the Hockey Lease Agreement. SMG shall pay, within three (3) business days after the completion of the Event, to the Parking District, any revenue it may collect for parking as part of tickets sales or otherwise, to the extent owed thereto.
SMG shall take reasonable precautions, consistent with industry standards, to protect the City if it appears from advance ticket sales within forty-eight ( 48) hours prior to the scheduled commencement of an Event that a user of a Facility will not be able to pay for the use of the Facility.
(k) Facility Fee. SMG shall collect from each ticket purchaser a minimum facility fee of Two and 00/100 Dollars ($2.00), or any increased amount as determined below, for each ticket sold for Events at the Arena whether full price or discounted, and of One and 25/100 Dollars ($1.25), or any increased amount as set forth in the Ports License Agreement, for each ticket sold for non-Ports Ballpark Events whether full price or discounted (the "Minimum Facility Fee"). The City and SMG shall meet once prior to March 1 every year under this Agreement, to confer on any increase to the amount of the Minimum Facility Fee. Any such increase shall reflect increased costs of operating, maintaining and making capital replacements and improvements to the applicable Facility. Any permanent increases to the Minimum Facility Fee shall be approved by the City Council along with the Approved Budget and shall become effective on the first day of the next Fiscal Year. SMG shall deposit the Minimum Facility Fees for each Arena Event into the Maintenance Capital Fund, and the Minimum Facility Fees for each nonPorts Ballpark Event into the Ballpark Fund, within three (3) business days after each Event. Notwithstanding the foregoing, SMG shall be entitled to collect an additional amount from each ticket purchaser, which shall be added to the Minimum Facility Fee, on an Event-by-Event basis, as it deems reasonably necessary for the ptrrposes of booking events in the Facilities (the "Full Facility Fee''). Any amount collected as Full Facility Fees, including the Minimum Facility Fee, shall be considered Operating Revenues.
Nothing contained herein shall prevent SMG at its discretion from collecting from each 10 B # 1257589 v,6
ATTACHMENT A 930
ticket purchaser for Events at the Theatre a fee in the nature of a facility fee, and any ( • revenues so collected shall be considered Operating Revenues. ·_ (I) Settlement. SMG shall require all users of the Facilities to provide timely exchange of information regarding revenues and expenses at the end of each Event in accordance with industry practice, Within three (3) business days after each Event, SMG shall complete, or use best and diligent efforts to cause the users of each Facility to complete, the settlement of revenues and expenses for such Event, with a settlement statement in form and content consistent with standard industry practice for the settlement of Event revenues and expenses. Simultaneously with the delivery of said statement, SMG shall pay to the appropriate Event sponsor or promoter the appropriate shares, if any, of the revenues owed to such sponsor or promoter as set forth in the Facility Use Agreement with such sponsor or promoter and in the Hockey Lease Agreement. At the same time, SMG shall deposit into the Operating Fund for each Facility the City's share of the revenues due to the City from such Event. (m) Security. SMG will arrange for security for Events at each Facility and for general facility seculity at each Facility when Events are not in progress. As a part of the process for approval of the Business Plan each year, representatives from SMG shall meet with representatives from City to update the security plan (the "Security Plan") for each Facility for Event and day-to-day security. SMG shall coordinate security for each Facility with the City in ordet to ensure that there are no gaps in security or unnecessary overlaps in allocation of resources. The Security Plan shall include both emergency and nonemergency procedures and protocols to be followed by SMG and SMG-contracted c·· security, if any, in all aspects of the Security Plan so that all security personnel are fully familiar with the security protocols. SMG shall coordinate with Ports on the Security Plan for the Ballpark with the understanding that Ports is responsible for Ballpark security during Ports' events at the Ballpark pursuant to the Ball Park License Agreement. (n) Community Engagement: SMG shall (i) establish a local promoter/talent forum network for local promoters and talent to help facilitate their potential access to the Facilities; (ii) establish a system of communication that encourages networking and collaborative efforts between and among the different segments of the greater Stockton community and downtown businesses including but not limited to hospitality, local chambers, entertainment, sports, food service and non-profit agencies; and (iii) create an open, clear, and responsive reporting system that enhances the operation of the Facilities.
As a component of the Business Plan, SMG will develop and provide to the City an annual community engagement plan and a report on the success of these efforts. The community engagement plan will include measurable goals and objectives, will describe how SMG will meaningfully engage all segments of the community, and will examine the employment opportunities made availabl� as a direct or indirect consequence of the operation of the Facilities.
(o) Other Responsibilities, In addition, SMG shall be responsible for the following services:
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(1) Subject to the Ballpark License Agreement and the Hockey Lease Agreement, manage and operate each Facility and contract for its use in a maimer that will promote and further the purposes for which each Facility was constructed;
(2) Pe1form, execute and enforce for the City and on the City's behalf the tenns of the Ball Park License Agreement and the Hockey Lease Agreement; and any future sport team agreements;
(3
) Negotiate, execute, and perform all contracts, use agreements, licenses and other agreements (i) with persons who desire to schedule Events, performances, telecasts, broadcasts or other transmissions in, from or to each Facility or who desire otherwise to use each Facility or any part thereof or (ii) that otherwise pertain to the use, operation and occupancy of each Facility or any part thereof;
(4) Coordinate and participate in, where necessary or applicable, all marketing, promotional and public relations activities for or at each Facility; (5) Subject to approval of City as otherwise provided in this Agreement, negotiate, execute and perform all contracts, use agreements, licenses and other agreements for the sale, promotion, marketing and use of all names, trademarks, trade names, logos and similar intangible property relating to each Facility;
(6) Take adequate measures to protect the naming rights, pouring rights, and other commercial or product sponsorship rights, including any limitations on competition by other brands in the operation of the Facilities, as required by the applicable agreements;
(7) Select and negotiate on behalf of the City any contracts for Concessions or Catering at each facility, for services not being provided by SMG, with City's written approval, subject to any limitations provided in the Ball Park License Agreement and the Hockey Lease Agreement;
(8) Select, schedule, and coordinate the efforts of all parties involved in the operation of each Facility and establish and maintain consistent procedures for cost estimating and repotting, maintenance and payment of invoices, including preparation of budgets and reports as required under this Agreement; (9) Plan, coordinate, and administer operation of each Facility, and select, train and supervise each Facility's staff;
(10) Subject to City prior written approval, retain legal counsel in connection with the discharge of its duties hereunder and cause such counsel to coordinate with City's legal department where necessary or appropriate; 12 B # 1257589 v.6
ATTACHMENT A 932
(11) Coordinate the work of all parties performing work in connection with the operation of each Facility;
(12) Monitor actual and projected Operating Expenses and infonn City if projected costs exceed the amounts set forth in the Approved Budget; (13) Make prompt payment as appropriate of the Operating Expenses from funds available for that purpose under this Agreement; (14) Market and sell or license the use of the Club Seats in the Arena including VIP parking;
(15) Market and sell or license the use of the Luxury Suites in the Ar�na including VIP parking;
(16) Devise and implement procedures including preventive maintenance procedures reasonably designed to keep each Facility in good order and condition, subject to ordinary wear and tear, and maintain each Facility in such order and condition;
(17) Perfonn such other consulting, administrative or management services as reasonably requested by City and agreed in writing by SMG, as it relates to the Facilities;
(18) Fumish all services necessary to accomplish the foregoing ( • requirements of this Section.
2. 7 Concessions and Catering/Utilities/Misc.
(a) Contract Authority. Except as provided in the Ball Park License Agreement, the Concessions Agreement and the Hockey Lease Agreement, SMG shall, at each Facility, as appropriate for each Facility, throughout the Term of this Agreement, select and contract with Concessionaires to conduct Concessions or Catedng, prnvided however, nothing contained herein shall prevent SMG from directly conducting such Concessions or Catering as othe1wise provided for herein.
Upon the expiration or early termination of the Concession Agreement for the Arena (which expiration date is on or about December 10, 2012), SMG may, at its option, assume responsibility for Concessions and Catering at the Arena for the balance of the Term. Such responsibility may be handled either directly by SMG or through a separate Concession and Catering agreement with one of its Affiliates. In consideration of the pe1formance of such services, SMG or its affiliated Concessionaire will receive a fee equal to five percent (5%) of the gross food and beverage Concession and Catering revenues, less applicable taxes. The costs of SMG or its Affiliate in providing such food and beverage Concession and Catering services shall be an Operating Expense
(b) Licenses and Permits. SMG shall use best and diligent efforts to anticipate any upcoming changes in Concessionaires, work with appropriate regulatory ( 13 B # 1257589 v.6
ATTACHMENT A 933
authorities to assure that a liquor license for service ofliquor in any Facility will always be in place for Events, and expedite any application for renewal or new license during any change in Concessionaires.
(c) Cleaning. All trash resulting from· cleaning shall be placed in containers supplied by City. SMG shall provide for removal of trash from each Facility. SMG must follow all applicable pl'Ovisions of the Ball Park License Agreement for providing these services at the Ballpark.
(d) Utilities. City shall furnish SMG with electrical connections, at and in each Facility, to permit SMG to operate the electrical equipment customarily used in connection with the Facilities. The cost of supplying such electrical current used in connection with normal and customary operations shall be considered an Operating Expense. City shall furnish each Facility with heating and air conditioning equipment so that each Facility may be heated or cooled in a proper manner and shall furnish SMG at each Facility with an adequate potable hot and cold water supply and appropriate drainage and sewage facilities to permit activities in the normal and customary manner.
The cost of supplying such heat, air conditioning, hot and cold water, drainage and sewage services used at each Facility in connection with its normal and customary operations shall be considered an Operating Expense.
(e) Employees. All service employees working in the public areas of each Facility shall wear uniforms.
( 2.8 Public Records Act. If any person requests the City to disclose any information with respect to any Facility or SMG under the Public Records Act, prior to making such a disclosure, City shall notify SMG of such request, in which case SMG shall (i) promptly and timely inform City if any of the requested materials may constitute confidential, proprietary or trade secret information of SMG which may be exempted from disclosure under the Public Records Act, and, in that event, and (ii) cooperate with City in preparing appropriate responses and/or filings to any such person with respect to such request, including any litigation involved therein, to prevent a disclosure of such information. SMG shall promptly refer all Public Records Act requests it receives directly to the City and shall not respond to any Public Records Act request except in cooperation with the City.
3. Management Term; Renewal Term; SMG's Rights and Powers.
3.1 Management Term.
• (a) The Management Term of this Agreement shall commence on February 25, 2011 and end at midnight on February 24, 2016, unless earlier tenninated pursuant to the provisions of this Agreement.
(b) The City may, in its discretion, extend the Tenn hereof for an additional five-year period commencing February 25, 2016 and ending Febrnary 24, 2021 by giving written notice to SMO at least ninety (90) days prior to the end of the Management Term. 14 BI# 1257589 v.6
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( c) The City may, at its discretion, terminate this Agreement at the end of the (. • - third year of either the Management Term, or the Renewal Term, by providing written notice to SMG, at least ninety (90) days prior to the end of such third year, of its intent to so terminate.
3.2 SMG's Rights and Powers.
(a) Grant of Authority, City hereby grants to SMG, and SMG hereby accepts, the exclusive rights and obligations, in its own name, as an independent contractor and not as an agent of City, to provide those management services to City as are set forth in this Agreement in connection with SMG's management, operation and adminisil'ation of each Facility and, in connection therewith, to perform or furnish or cause to be performed or furnished, subject to the provisions hereof, and subject to the availability of funds, all of such management services upon the terms and subject to the limitations of this Agreement. SMG and City acknowledge and agree that as relates to the Ballpark such grant of authority is limited to the City's authority in the Ballpark pursuant to the tenns of the Ball Park License Agreement.
(b) Property. SMG shall have no authority to sell, remove from the Facilities, or otherwise dispose of, or to encumber or alienate any personal or real property owned, leased, or otherwise controlled or maintained by the City. SMG shall be obligated to . provide City with an accurate annual inventory of all property located at each Facility. (c) Contracts. Except as set out in this Agreement, SMG shall have no authority, without the prior written consent of City, to enter into: (i) any Material ( Contracts; (ii) any Catering or Concessions contract; or (iii) any contract for the provision of goods and/or services to any Facility that would extend beyond the Term, pl'Ovided, however, that City agrees to cooperate with SMG in connection with the execution of such contracts that would extend beyond the Term of this Agreement by executing and delivering agreements with the providers of such goods and services whereby City agrees to honor and observe such contracts following termination of this Agreement. SMG shall have the right to enter into, execute, and deliver Facility Use Agreements that extend beyond or relate to dates falling after the expiration of the Term. All contracts entered into by SMG shall provide that the same are assignable to City (or any successor management company retained by the City) without the vendor's prior consent and, notwithstanding any contrary provision hereof, upon termination of this Agreement for any reason, the parties agree that City shall assume in writing, or shall cause any successor management company retained by it to assume in -writing, any or all then outstanding contracts affecting each Facility, provided that SMG entered into such contract in accordance with this Agreement.
(d) Employees. All persons who are required to have an employer/employee relationship with the Facilities shall be SMG's employees, including any General Manager. All pay and benefits 1·elating to such employees shall be considered Operating Expenses and paid from the Operating Account. All personnel matters shall be handled in accordance with SMG's personnel procedures set out in its personnel policy manual.
During the Term and for one (1) year after the termination of this Agreement, except with ( . 15 B # 1257589 v,6
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( '
SMG's prior written consent, the City shall not solicit for employment or employ any person who has served as General Manager or any other of SMG's "senior personnel» during the Term. For purposes of this provision, "senior personnel" shall mean personnel of SMG who report or reported directly to the General Manager. In addition to any other remedies which SMG may have, specific performance in the fo1m of injunctive relief shall be available for the enforcement of this provision. (e) Purchase of Supplies and Services. SMG shall comply with all Laws involving the purchase of equipment, materials, supplies and inventories reasonably required by it in the management of each Facility, but shall endeavor to make all such purchases at the best price available as known to SMG, considering the quantities required and the quality desired, at the time available for the delivery and the sources of supply whenever possible as part of a volume purchase by SMG (f) Transactions with Affiliates; Booking of Events at Multiple SMG Venues.
SMG may acquire property or services from or otherwise transact business with its Affiliates for any of the goods to be pm·chased or services to be performed by it under this Agreement but only if the prices charged and services rendered are competitive with those obtainable from others rendering comparable services. To insure compliance in this respect, SMG agrees to obtain at least two (2) other competitive bids from suppliers other than SMG's Affiliates, whenever SMG considers transacting business with an Affiliate for providing goods or services under this Agreement. Notwithstanding the above, all such purchases must be within the amounts approved for such purchases in the applicable Approved Budget.
SMG has advised City that SMG performs facility services similar to those outlined herein for other public assembly facilities. In order to maximize utilization of each Facility, SMG may from time to time book the same Event at a number of the facilities it operates. If SMG desires to book Events at a Facility while at the same time booking said Events under the same contract for other facilities for which SMG is providing services, then before finalizing such contract, SMG shall obtain City's approval over the allocation of such contract's expenses to the Facility. Similarly, if SMG desires to acquire goods or services in bulk for any of the Facilities and one or more of the other facilities for which SMG performs services, SMG shall first obtain in writing City's approval over the allocation of the costs thereof to the Facilities. SMG shall not allocate or impose any costs or expenses related to its corporate offices or other facilities to each Facility that are not related to SMG's provisions of management services to each Facility.
(g) Settlement of Claims and Suits. SMG will be advised by City of, and City shall continually keep SMG apprised of, City,s procedures and requirements in respect to settlement of third party claims filed with and lawsuits filed against City with respect to each Facility. SMG agrees to comply with such settlement procedm·es. SMG and City agree to cause their respective legal counsels to coordinate with one another in connection with the settlement of claim:s. All costs and expenses thereof, including the settlement thereof, are deemed an Operating Expense in accordance with the terms and provisions of this Agreement. Both parties agree that they will immediately notify the 16 B # 1257589 v.6
ATTACHMENT A 936
other party in writing of any claim or lawsuit .filed which relates to any Facility or the ( operation thereof in any way.
(h) Cooperation. SMG shall coordinate and participate in meetings with City representatives and related community meetings as may be necessary to perform the services contempl�ed herein.
4. SMG>s Compensation.
4.1 Management a.nd Capital Investment Fees, As base compensation to SMG for providing the services hereunder, the City shall pay SMG during the Term an annual fixed fee of Two Hundred Seventy Thousand Dollars ($270,000) per Fiscal Year, which amount shall be adjusted upward on the first day of each Fiscal Year, commencing with the Fiscal Year beginning on July l, 2012, by the percentage change in the Consumer Price Index -- All Urban Consumers (CPI-U) -- U.S. City Average -- All Items, as published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve month period ending on May 31 immediately preceding such July 1 date (the ''Base Fee"). Such Base Fee shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year, and SMG shall be entitled to draw such amounts from the account described in Section 5.2. For any partial Fiscal Year during the Term, the Base Fee shall be prorated.
4.2 Incentive Fee.
(a) In addition to the fee described in Section 4.1 above, SMG shall be entitled to an annual incentive fee ('
1Level l Incentive Fee") with respect to each Fiscal (
Year hereunder during the Term, which fee is equal to twenty-five percent (25%) of the improvement of the financial performance of the Arena and the Theatre over the Benchmark. The Level 1 Incentive Fee amount earned by SMG in any given Fiscal Year shall not exceed SO% of the Base Fee for such year.
(b) Additionally, SMG shall be entitled to an additional annual incentive fee (the 1'Level 2 Incentive Fee") in an amount calculated as set forth below based upon the aggregate paid attendance for the Arena and the Theatre. paid attendance
Up to 300,000
30Q,001-310,000
310,001 � 320,000
320,001 M 330,000
330,331 - 350,000
Over 350,000
Level 2 Incentive Fee
0% of the Base Fee
10% of the Base Fee
20% of the Base Fee
30% of the Base Fee
40% of the Base Fee
50% of the Base Fee
( c) Notwithstanding anything to the contrary contained herein, the Incentive Foo owed in any Fiscal Year shall not exceed the Base Fee for such year. With respect to calculation of SM G's Incentive Fee for any Fiscal Year hereunder that is not a full twelve (12) months, the Benchmark and the above stated paid attendance levels shall be prorated to reflect such short Fiscal Year.
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( ( d) The Incentive Fee determined above pursuant to this Section 4.2 shall be payable to SMG within thirty (30) days after the City's receipt of an invoice from SMG setting forth the Operating Revenues and Operating Expenses, and the aggregate paid attendance for the Arena and the Theatre, for the previous Fiscal Year, and showing the calculation of the Incentive Fee payable with respect to such Fiscal Year. Upon the completion of the audit of the annual financial statement as provided in Section 6.1 hereof for any Fiscal Year, SMG shall recalculate the incentive fee payable for that Fiscal Year based upon such audited numbers. In the event that the ammmt of the incentive fee which was paid based on SMG's invoice differs from such recalculated amount, SMG shall promptly remit to the City any excess amount which was paid, or the City shall promptly pay the shortfall, as the case may be.
4.3 No Commissions on Club Seats, Luxury Suites. Advertising, Pouring Rights or Naming Rights. SMG shall receive no commissions on sales of Club Seats, Luxury Suites, Advertising, pouring rights, naming rights, or other sponsorships for the Facilities; however, the foregoing shall not preclude SMG from paying market rate commissions to any of its employees or third party contractors, who in either case solicited such sales.
5. Budgets; Bank Accounts.
5.1 Budgets; Funding.
(a) As a component of the annual Business Plan, SMG will prepare a Budget, which shall include an opei-ating budget and annual cash flow budget for the next Fiscal Year to perfonn the services hereunder and meet the objectives under this Agreement.
The Budget shall also set forth the anticipated Capital Expenditures to be made during the next Fiscal Year and a five (5) and ten (10) year Capital Expenditure forecast. Said Budget shall be reviewed and is subject to approval by the City in accordance with this Agreement. Within twenty (20) days of receipt thereof, the City shall respond to SMG indicating whether such Budget .is accepted for presentation to the City Council, or the City will indicate the items in the Budget that preclude the City from accepting it. SMG shall, as required, amend the Budget and resubmit the same for acceptance by the City and such process shall continue until the City accepts the Budget. The accepted Budget will then be submitted for City Council approval along with the City's nonnal budget approval process, and only if approved by the City Council shall it be considered an Approved Budget. In the event a Budget has not been approved prior to the first day of the Fiscal Year to which it relates, the Approved Budget for the applicable month for the previous Fiscal Year shall control for each month in the fiscal period for which a Budget has not been approved.
(b) With respect to the Budget for the initial, full Fiscal Year hereunder ending on June 30, 2012, SMG shall submit to the City for its approval on or before March 1, 2010 a Budget that is based upon (i) SMG's pro fonna budgets submitted to the City in connection with the selection process, adjusted accordingly for the changes in the operating circumstances that occurred subsequent to the selection process, and (ii) the actual Operating Revenues and Operating Expenses for the Facilities for July 1, 201 O through February 24, 2011 and projected Operating Revenues and Operating Expenses 18 B # 1257589 v.6
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for February 25, 2011 through June 30, 2011. A Budget for the period from February 25, ( 2011 through June 30, 2011 may be requested and approved by the City Manager. (c) Approved Budgets may be amended by the parties pursuant to procedures mutually agreed upon.
( d) Without limiting the foregoing, the parties acknowledge that in connection with its operations hereunder, SMG will comply with the spending limitations contained in the Approved Budgets, including any amendments thereto approved as provided herein.
(i) If, however, extraordinary events occur which could not reasonably have been contemplated at the time the Approved Budget was prepared, SMG may submit an amended budget to the City for approval. Upon approval by the City Manager of such amended budget, such budget shall become an Approved Budget. In the event such amended budget is not approved, the Approved Budget shall govern the expenditures and operations of SMG hereunder.
(ii) Notwithstanding the foregoing, SMG shall have the right to act, with the consent of the City, in situations which SMG determines to be an emergency with respect to the safety, welfare and protection of the general public, including spending and committing funds held in the operating account(s) of the Facilities, even if such expenses are not budgeted; provided, however, SMG shall have no obligation under any ch'cumstance to spend or commit funds other than ( __ funds then available in such accounts for any such purpose. Immediately following such action, SMG shall inform the City of the situation and the action(s) taken, and the City shall pay into such account(s) the amount of funds, if any, spent or committed by SMG pursuant to this Section 5.l(d)(ii) in excess of budgeted amounts.
5.2 Accounts, Receipts and Disbursements. SMG shall establish and maintain bank accounts, as appropriate, for the Facilities (the "Operating Account(sY), utilizing SMG's tax identification number, for the promotion, operation and management of each such Facility, with signature authority in such employees of SMG as SMG shall determine, subject to the reasonable approval of the City. SMG may establish such additional bank accounts as are necessary and convenient to the operation of each Facility with the City's consent, including without limitation an account for the deposit of any ticket sale revenues which SMG receives with respect to an Event to be held at a Facility pending the completion of the Event. Such ticket sale monies are to be held for the protection of ticket purchasers, the City and SMG, and to provide a source of funds, as required for such payments to performers and promoters and for such payments of Operating Expenses in connection with the presentation of Events as may be requh·ed to be paid with respect to the Event. Following the satisfactory completion of the Event, SMG shall make a deposit into the appropriate Operating Account established above of the amount in such ticket sale account and shall pay from the Operating Account Event expenses and such other amounts that are due. All Operating Revenues collected by SMG shall be deposited into such accounts and Operating Expenses shall be paid by SMG from such accounts. ( 19 B # 1257589 v.6
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(
(
The Operating Accounts shall remain the property of City at all times, SMG shall have complete control and authority as to the Operating Accounts, subject only to the provisions of this Agreement. Monies in the Operating Accounts and any interest thereon shall be applied first to the payment of Base Fees accrued through the end of the priot month and thereafter to any other Operating Expenses for such Facility then accrued. The balance shall be retained in the Operating Accounts as reserve for payment of future Operating Expenses for such Facility. If, at the end of any Fiscal Year, there shall be a balance in the Operating Accounts in an amount in excess of the anticipated working capital and Operating Expenses for the first month of the ensuing yea1\ SMG shall disburse such excess to City on or before the fifteenth (15) day of such month, subject to the provisions of this Agreement. The funding of all of the foregoing Operating Accounts shall be made by City to cover all projected Operating Expenses at the Facilities to the extent not covered by the Operating Revenues.
5.3 Capital Equipment; Capital Improvements. The obligation to pay for, and authority to perform, direct and supervise Capital Equipment and Capital Improvements purchases shall remain with City and will not be considered Operating Expenses, As a component of the Business Plan, SMG shall provide to the City its recommendations regarding Capital Equipment and Capital hnprovements purchases to be accomplished during the year accompanied by an estimate of the cost of all such items and projects and a request that City budget funds therefore. City shall retain the discretion to determine whether and to what level to fund Capital Equipment and Capital Improvements purchases for the Facilities.
5.4 Limitation of SMG Liability. Notwithstanding any provision herein to the contrary and except for SMG's express indemnification undertakings in Section 8.1 and its obligation under Sections 5.6(a) and 5.6(e) hereof to provide, respectively, the SMG Capital Contribution and a portion of the transition expenses, SMG shall have no obligation to fund any cost, expense or liability with respect to the operation, management or promotion of the Facilities.
5.5 Non-Funding.
(a) The City shall have no obligation to provide funds for the payment of Operating Expenses incurred or committed for after the date SMG receives written notice (an "Appropriation Deficiency Notice") of the fact that insufficient funds or no funds have been appropriated for the Facilities,
(b) If the Appropriation Deficiency Notice is of insufficient funds, the City shall pay all Operating Expenses incurred or committed for after such date which are within the aggregate level of appropriated funds specified in the Appropriations Deficiency Notice. The City shall pay all Operating Expenses incurred or committed for prior to the date SMG receives the Appropriation Deficiency Notice. Any failure by the City to provide funds (beyond the aggregate level of appropriated funds) for the payment of Operating Expenses incurred or committed for after SMG receives an Appropriations Deficiency Notice shall not be � breach of or default under this Agreement by the City.
Any failure by SMG to perform its obligations under this Agreement shall not be a breach of or default under this Agreement if such breach or default results from the City's 20 B # 1257589 v,6
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failure to appropriate sufficient funds for the management, operation and promotion of ( the Facilities. (c) If the City appropriates funds at (or reduces appropriated funds to) a level that, in SMG's judgment, re11ders the management of the Facilities not feasible, SMG may, at its option, either (i) continue management of the Facilities at a reduced level consistent with anticipated Operating Revenues and available funding or (ii) terminate this Agreement pursuant to Section 10.1 (with the effect set forth in Section 10.2).
Following such termination, SMG shall have the right to resume management of the Facility at such time as the City shall first l'estore appropriated funds to reasonable levels.
5.6 SMG Capital Contdbution.
(a) SMG will contribute One Million and 00/100 Dollars ($1,000,000.00) to be used by the City to fund a portion of the City's buy-out of the previous management company at the Facility and at the City's discretion to fund future reserves for the operation of the Facilities and to make Capital Improvements at the Facilities. (b) Subject to Section 5,6(c) below, if this Agreement exphes or is terminated at any time, the City shall reimburse SMG for the SMG Capital Contribution based upon the following schedule:
Termination
After Year 1:
After Year 2:
After Year 3:
After Year 4:
After Year 5:
After Year 6
After Year 7
After Year 8
After Year 9
After Year 10
Reimbursement
$1,000,000
$1,000,000
$833,333
$666,667
$500,000
$400,000
$300,000
$200,000
$100,000
$0
( c) Notwithstanding the foregoing, if this Agreement is terminated by the City on account of an uncured material breach by SMG, the City shall reimburse SMG for the SMG Capital Contribution based upon the following schedule:
Termination
After Year 1 :
After Year 2:
After Year 3:
After Year 4:
After Year 5:
After Year 6
After Year 7
After Year 8
Reimbursement
$900,000
$800,000
$700,000
$600,000
$500,000
$400,000
$300,000
$200,000
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ATTACHMENT A 941
{ After Year 9
After Year 10
$100,000
$0
(d) Any repayment of the SMG Capital Contribution under Section 5.6(b) or (c) shall be made by the City unconditionally and without setMoff no later than thirty (30)
days following the effective date of the expiration or termination of this Agreement. (e) SMG will pay up to twenty�five thousand dollars ($25,000) to offset a portion of the management transition expenses. The City and SMG will mutually agree upon a budget for such expenses related to such transition, and the balance of such expenses in excess of $25,000 will be funded by the City.
6. Records, Audits, and Reports.
6.1 Records and Audits.
(a) SMO shall keep full and accurate accounting records on an accrual basis of accounting relating to its activities at the Facilities and shall provide to the City monthly financial statements in a format similar to that used in other SMGMmanaged facilities. SMG shall give the City's authorized representatives access to such books and records maintained at the Facilities during reasonable business hours and upon reasonable advance notice. SMO shall keep and preserve for at least three (3) years following each Fiscal Year all sales slips, rental agreements, purchase order, sales books, credit card invoices, bank books or duplicate deposit slips, and other evidence of Operating Revenues and Operating Expenses for such period.
(b) Additionally, SMG shall deliver to the City annual financial statements (i.e., a balance sheet, a statement of profit and loss and a statement of cash flows) within one hundred twenty (120) days after the close of each Fiscal Year for each Facility and cumulatively for the Facilities prepared in accordance with generally accepted accounting pdnciples, accompanied by an independent auditor's report containing an opinion of an independent certified public accountant. The annual audit shall be pe1formed by a reputable firm selected by SMG. The City will have the right to approve the auditor selected, which approval shall not unreasonably be withheld or delayed.
6.2 Monthly Reports. By the twenty�fifth (25th) day of each month du.ring the Te1m, SMG shall provide to City a written monthly report in a form approved by City setting out each Facility's anticipated activities and financial condition for the upcoming month and reporting on the prior month's activities and finances for each Facility, by Facility.
7. SMG Employees.
7 .1 During the Term, SMG shall, within the Approved Budget, select, train and employ at the Facilities such nwnber of employee(s) as SMG deems necessary or appropriate to satisfy its responsibilities hereunder, and SMG shall have authority to hire, tenninate and discipline any and all personnel working at the Facilities. SMG may, at its reasonable discretion, periodically adjust or revise the terms and conditions relating to such employment. 22 B # 1257589 v.6
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7,2 SMG shall assign to the Facilities a competent General Manager and pdor to ( SMG's appointment of the General Manager, SMG shall obtain the approval of such individual from the City (which approval shall not be unreasonably withheld), If the City is unsatisfied with the performance of the General Manager, the City shall have the right to present SMG with written specific issues that must be remedied with respect to performance. SMG and the General Manager shall have sixty (60) days to remedy the specific issues to the City's satisfaction. Iftbe City remains unsatisfied upon the expiration of sixty (60) days, the City may direct SMG to remove the General Manager within thirty (30) days of the date of written request of the City's Authorized Representative.
7.3 SMG employees at the Facilities shall not for any purpose be considered to be employees of City, and SMG shall be solely responsible for their supervision and daily direction and control and for setting, and paying as an Operating Expense, their compensation (including federal, state and local income tax withholding) and any employee benefits, and all costs related to their employment.
7.4 The parties acknowledge that in com1ection with the performance of its services hereunder, SMG may be required to employ individuals who are full time and/or casual or part� time employees covered by a collective bargaining agreement(s) and in connection with such employment, to make contributions to multiemployer plans ( as that term is defined in Section 4001(a)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA")), on behalf of 01· for the benefit of such employees during the term of this Agreement. Such contribution obligation may expose SMG to withdrawal liability for a share of any unfunded vested benefits under such plans, Accordingly, the City shall indemnify, defend and hold hmmless SMG from and against any Losses in respect of any withdrawal liability for unfunded vested benefits that SMG may have under any such multiemployer plans in com1ection with the hiring and firing of such employees by SMG during the te11n of this Agreement or the termination of this Agreement. The obligation of the City under this Section 7.4 shall survive the termination of this Agreement. In addition, if requested by the City, SMG shall, during the time that it employs any such union employees, use its best efforts to obtain information from such multiemployer plans regarding the withdrawal liability status, if any, of such plans and the applicability of any statutory exemptions under BRISA with respect to withdrawal liability and shall advise the City of the status of any such information which it obtains from such plans.
8. Indemnification and Insurance.
8.1 Indemnification.
(a) SMG shall indemnify, defend and hold harmless the City and the Agency, and their respective council members, board members, officers, agents, employees and volunteers against any and all Losses whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by SMG or SMG's employees, agents or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement to the extent of SMG's negligence or willful misconduct; provided, however, that the foregoing indemnification shall not extend to Losses to the extent such Losses (i) arise from (A) any breach or default by the City of its obligations under ( 23 B # 1257589 v.6
ATTACHMENT A 943
(
Section 8.l(b) below, 01· (B) if the law does not permit the City to provide its indemnification, defense and hold harmless obligations in favor of SMG under Section
8.l(b) below, then any of the items described in clauses (i) through (viii) of Section
8.1(b) below, (ii) are caused by or arise out of the services provided by the architects, engineers and other agents (other than SMG) retained by the City in connection with Capital Improvements or Capital Equipment purchases at the Facility, or (iii) relate to or arise from occupational related diseases of any employee of the City who provides any services at the Facilities. Notwithstanding the foregoing, to the extent that such occupational disease described in clause (iii) above is demonstrated to be directly related to the work of any such Agency or City employee at the Facilities, then the provisions of clause (iii) shall not apply to the extent thereof.
(b) To the extent permitted by law, the City shall indemnify, defend and hold harmless SMG, its partners, officers, agents and employees from and against any and all Losses atising from (i) any matedal default or breach by the City of its obligations specified herein, (ii) the fact that at any time prior to, as of, or after the commencement of the Tenn hereunder the Facilities have not been operated, or the Facilities and the premises are not or have not been, in compliance with all Laws, including, but not limited to, the ADA, (iii) the fact that prior to, as of, or after the commencement of the Term hereunder there is any condition on, above, beneath or al'ising from the premises occupied by the Facilities which might, under any Law, give rise to liability or which would or may require any "response," "removal'' or "remedial action" (as such terms are defined under CERCLA), (iv) any structural defect or unsound operating condition with respect to the Facilities or the premises occupied by the Facilities prior to, as of or after the commencement of the Term hereunder, (v) any obligation or liability for physical damage or other Loss to any real property and personal property assets located at the Facilities or intended to be incorporated therein, whether such assets are insured by the City or whether the City decides not to insure for such damage and Losses (including without limitation damages or Losses falling within any insurance deductible), (vi) any non-compliance with any Pre-Existing Agreement on or prior to the commencement of the Term, or (vii) any act or omission carried out by SMG at or pursuant to the direction or instruction of the City, its agents (other than SMG) 01· employees; provided, howevel', that the foregoing indemnification under clauses (i), through (viii) above shall not extend to Losses to the extent such Losses arise from any default or breach by SMG of its obligations specified herein.
(c) The indemnity provisions hereunder are the exclusive l'emedies of the parties under this Agreement with respect to any disputes arising hereunder regarding each party's performance of this Agreement, and those provisions shall survive the expiration or termination of this Agreement. IN NO EVENT SHALL EITHER PARTY
BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS), WHETHER BASED UPON BREACH OF
CONTRACT OR WARRANTY, NEGLIGENCE, STRICT TORT LIABILITY OR
OTHERWISE, AND EACH PARTY'S LIABILITY FOR DAMAGES OR LOSSES
HEREUNDER SHALL BE STRICTLY LIMITED TO DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY THE OTIIBR PARTY.
24 B # 1257589 v,6
ATTACHMENT A 944
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t ( o 1e enn ereun er an s a eep m orce at a tunes urmg t e errn, a commercia gener liability insmance policy and automobile liability insurance policy and such other insurance policies as are described in Exhibit "E" hereto.
9. Assignment.
Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party thereto without the prior written consent of the other party hereto. For sake of clarity, the parties acknowledge that the foregoing does not preclude (i) the assignment by SMG of its rights to receive its Base Fees and Incentive Fees hereunder to its lender(s) as collateral security for SMG's obligations under any credit facilities provided to it by such lender(s), provided that such collateral assignment shall not in any event cover SMG's rights to manage, promote or operate the Facilities hereunder or (ii) the ability of SMG to subcontract certain services related to the operation of the Facility, as permitted under subparagraph (b) of Exhibit "D" and consistent with SMG's practices and the needs of the Facility.
10. Termination.
10.1 Termination Upon Default. Either party may tenninate this Agreement upon a default by the other party hereunder. A party shall be in default hereunder if (i) such party fails to pay any sum payable hereunder within thirty (30) days after sanie is due and payable� or (ii) such party fails in any material respect to pel'form or comply with any of the other terms, covenants, agreements or conditions hereof and such failure continues for more than sixty (60) days after written notice thereof from the other party. In the event that a default ( other than a default in the payment of money) is not reasonably susceptible to being cured within the sixty ( 60) day period, the defaulting party shall not be considered in default if it shall within such sixty ( 60) day period have commenced with due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default.
10.2 Effect of Termination or Expiration.
(a) In the event this Agreement expires or is te1minated, (i) all Operating Expenses h1curred or committed for prior to the date of expiration or termination shall be paid using funds on deposit in the account(s) described in Sections 5.2 and to the extent such funds are not sufficient, the City shall pay all such Operating Expenses, (ii) the City shall promptl
y pay SMG all fees earned to the date of expiration or termination (the fees described in Sections 4.1 and 4.2 hereof (as applicable) being subject to proration, and (iii) the City shall assume, or cause any successor management company retained by it to assume, all outstanding contracts and agreements pertaining to the Facilities as provided in Section 3.2(c) hereof. Upon termination or expiration, all further obligations of the parties hereunder shall terminate except for the obligations that are expressly intended to survive the tennination or expiration of this Agreement, including, without limitation, Sections 3.2(d), 7.4, 8.1, 10.2 and 10.3 hereof.
(b) Additionally, the City shall pay, or cause any successor managemen t
(
company to pay, to SMG unconditionally and without set-off the unamortized amount of ( 25 B # 1257589 v.6
ATTACHMENT A 945
the SMG Capital Contribution existing as of such expiration or termination as provided in Section 5.6 he1·eof,
10.3 Surrender of Premises, Upon termination or expiration of this Agreement, SMG shall sun·ender and vacate t11e Facilities upon the effective date of such termination or expiration.
The Facilities and all equipment and fumishings shall be returned to the City in good repair, reasonable wea1· and tear excepted, to the extent funds were made available therefore by the City.
All reports, records; including financial records, and documents maintained by SMG at the Facilities relating to this Agreement other than materials containing SMG's proprietary information or property shall be immediately surrendered to the City by SMG upon termination or expiration,
11. Miscellaneous.
11, 1 • Representations and Warranties.
(a) The City represents and wan-ants to SMG the following: (i) all required approvals have been obtained, and the City has full legal right, power and authority to enter into and perform its obligations hereunder, (ii) this Agreement has been duly executed and delivered by the City and constitutes a valid and binding obligation of City, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar Laws affecting creditors' rights generally or by general equitable principles, and (iii) the execution and delivery of this Agreement will not violate or cause a breach (with or without notice or the passage of time) under any agreement to which the City is a party. (b) SMG represents and warrants to the City the following: (i) all required approvals have been obtained, and SMG has full legal right, power and authority to enter into and perform its obligations hereunder, (ii) this Agreement has been duly executed and delivered by SMG and constitutes a valid and binding obligation of SMG, enforceable in accordance with its tem1s, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar Laws affecting creditors' rights generally or by general equitable principles, and (iii) the execution and delivery of this Agreement will not violate or cause a breach (with or without notice or the passage of time) under any agreement to which the SMG is a party.
11.2 Certain Other Provisions,
(a) City Actions. Except as otherwise expressly provided in this Agreement, whenever this Agreement calls for or permits a City approval, consent, election, or waiver, the written approval, consent, election, or waiver of the City Manager or the City Manager's designee shall constitute the approval, consent, election, or waiver of the City, without further authorization required from the City Council; provided, however, that the City Manager may seek such authorization when the City Manager deems it appropriate.
Except as otherwise provided in this Agreement, the City Council hereby authorizes the City Manager or the City Manager's designee to deliver such approvals, consents, and 26 B # 1257589 v.6
ATTACHMENT A 946
elections as are required or permitted by this Agreement, and to waive requirements or conditions under this Agreement, on behalf of the City. ( (b) Cooperation. The parties desire to cooperate with each other in the management and operation of the Facilities pursuant to the terms hereof. In keeping with this cooperative spirit and intent, any dispute arising hereunder will first be refened to the parties• respective agents or representatives prior to either party initiating a legal suit, who will endeavor in good faith to resolve any such disputes within the limits of their authority and within sixty (60) days after the commencement of such discussions. If and only if any dispute remains unresolved after such sixty day peliod, then either party may initiate litigation and/or terminate this Agreement.
(c) No Partnership or Joint Venture; No Tenancy. Nothing herein contained is intended or shall be construed in any way to create or establish the relationship of partners or a joint venture between the City and SMG. SMG shall not be considered a tenant of the Facilities, and shall gain no right to occupy the Facilities as a tenant or any other property right or interest in the Facilities by virtue of this Agreement. ( d) Entire Agreement; Amendments. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect thereto. No other agreements, representations, warranties or other matters, whether oral or written, will be deemed to bind the parties hereto with respect to the subject matter hereof. This Agreement shall not be altered, modified or amended in whole or in part, except in a writing executed by each of ( the pai-ties hereto. • .
(e) Force Majeure. No party will be liable or respon.sible to the other party for any delay, damage, loss, failure, or inability to perform caused by "Force Majeure" if notice is provided to the other party within ten (10) days of date on which such party gains actual knowledge of the event of "Force Majeure" that such party is unable to perform. The term "Force Majeure" as used in this Agreement means the following: an act of God, strike, war, public rioting, lightning, fire, stonn, flood, explosions, inability to obtain materials, supplies, epidemics, landslides, lightening storms, earthquakes, floods, storms, washouts, civil disturbances, explosions, acts of terrorism, breakage or accident to machinery or lines of equipment, temporary failure of equipment, freezing of equipment and any other cause whether of the kinds specifically enumerated above or otherwise which is not reasonably within the control of the party whose performance is to be excused and which by the exercise of due diligence could not be reasonably prevented or overcome.
(f) Binding Upon Successors and Assigns. This Agreement and the rights and obligations set forth herein shall inure to the benefit of, and be binding upon, the parties hereto and each of their respective successors and permitted assigns. The parties agree that there are no intended third-party beneficiaries of this Agreement. (g) Notices. Any notice, consent or other communication given pursuant to this Agreement will be in writing and will be effective either (a) when delivered ( 27 B # 1257589 v.6
ATTACHMENT A 947
( pel'sonally to the party for whom intended, (b) on the second business day following mailing by an overnight courier service that is generally recognized as reliable, ( c) on the fifth day following mailing by certified or registered mail, return receipt requested, postage prepaid, or ( d) on the date transmitted by telecopy as shown on the telecopy confirmation therefore as long as such telecopy transmission is followed by mailing of such notice by certified or registered mail, return receipt requested, postage prepaid, in any case addressed to such party as set forth below or as a party may designate by written notice given to the other party in accordance herewith.
If to the City, to:
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Attention: City Manager
Telecopy: (209) 937-8904
With a copy to:
Office of the City Attorney
425 N. El Dorado Street
Stockton, CA 95202
Telecopy: (209) 937-8898
lfto SMG, to:
SMG
300 Conshohocken State Road, Suite 770
West Conshohocken, PA 19428
Attention: President
Telecopy: (610) 729-1590
With a copy to:
Stradley, Ronon, Stevens & Young
2600 One Commerce Square
Philadelphia, PA 19103
Attention: William R. Sasso, Esq. or Steven A. Scolari, Esq.
Telecopy: (215) 564�8120
(h) Governing Law; Venue. This Agreement will be governed by and construed in accordance with the internal Laws of the State of California, without giving effect to otherwise applicable principles of conflicts of law. Any lawsuit pertaining to any matter arising under, or growing out of, this Agreement shall be instituted in San Joaquin County, California.
(i) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original copy of this Agreement, and all 28 B # 1257589 v.6
ATTACHMENT A 948
of which, when taken together, shall be deemed to constitute but one and the same ( agreement.
G) Severability. The invalidity or unenforceability of any particular provision, or part of any provision, of this Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions or parts were omitted,
(k) Non-Waiver. A failure by either party to take any action with respect to any default or violation by the other of any of the terms, covenants, or conditions of this Agreement shall not in any respect limit, prejudice, diminish, or constitute a waiver of any rights of such party to act with respect to any prior, contemporaneous, or subsequent violation 01· default or with respect to any continuation or repetition of the original violation or default.
(1) Governmental Compliance. Nothing in this Agreement shall require SMG to unde1iake any compliance activity to meet requirements under any Law, nor shall SMG have any liability under this Agreement therefore, if such activity requires any Capital Improvements or Capital Equipment purchases, unless the City provides funds for such Capital Improvements and Capital Equipment purchases. Except for the foregoing and subject to available funding, SMG shall operate the Facilities in compliance with all applicable Laws.
(m) Nondiscrimination. In performing its obligations under this Agreement, ( SMG shall not in a manner that violates or is prohibited by federal or California law, \ refuse to hire or employ the person, or refuse to select the person for a training program leading to employment, or bar or discharge the person from employment or from a training program leading to employment, or discriminate against the person in compensation or in terms, conditions or privileges of employment. (n) News Releases/Interviews, All news releases, media interviews, testimony at hearings and public comments by SMG involving financial information about the Facility must be specifically authorized by the City in writing. SMG shall not make any public written or oral statement that is critical or derogatory of the City or the teams playing in the Facility. The City shall not make any public written or oral statement that is derogatory of SMG.
( o) Condemnation. If the whole or any substantial part of any Facilities shall be taken by any paramount public authority under the power of eminent domain, then this Agreement shall be terminated as to such Facilities from the day when the possession of that part shall be taken for said public purpose. All damages awarded for this taking shall belong to and be the property of City, subject to the terms of the sale of the Bonds which partially funded the construction of the Arena and all agreements pe1iaining to that sale, including without limitation the Site Lease and the Lease Agr�ement. However, City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to SMG, if any.
29 B # 1257589 v.6
(
ATTACHMENT A 949
(p) Possessory Interest Tax. SMG and the City agree that it is their understanding that this Agreement docs not create a possessory interest subject to possessory interest or property taxes levied or assessed on such interest. SMG and the City agree and acknowledge that this Agreement may be adjudged to create a possessory interest in the Facilities subject to applicable possessory interest taxes or property taxes levied or assessed on such interest. Either party shall have the right to contest in good faith any such taxes or assessments. In the event it is determined by the appropriate body that such taxes are due, such taxes shall be paid from the opei:ating account and the City shall hold SMG harmless therefrom, including any costs and attorney fees SMG may have incurre4 in contesting such tax. All such payments will be considered an Operating Expense.
(q) Confidentiality/Non-Disclosure by SMG. Subject to applicable public disclosure Laws, SMG shall not disclose to any person, directly or indirectly, either during the Term or at any time thereafter, any infonnation other than that which is necessary pursuant to this Agreement. All documents prepared by SMG and submitted by it to the City and all confidential info1matio11 of the City given to SMG pursuant to this Agreement are the exclusive property of the City, except for (i) those documents which are proprietary to SMG and (ii) the personnel files and information of SMG's employees which shall remain the property of SMG. Under no circumstances shall any such information or documents be removed from the City without the City's prior written consent.
(r) Rights and Remedies Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise or failure to exercise one or more of such rights 01· remedies by either party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default by the other pruty. (s) Confidentiality/Non-Disclosure by City. In connection with the performance of SMG's services hereunder, the City acknowledges that SMG may provide the City and its employees, agents and subcontractors with Confidential Infom1ation. In addition, in connection with the performance of the services hereunder, SMG may provide to the City and its employees, agents and subcontractors with materials that are protected by copyright of SMG.
(i) The City agrees that it shall keep secret and confidential any and all Confidential Info1mation already disclosed and/or to be disclosed to it by SMG, and the City shall not divulge any such information, in whole or in part, to any third party except as is expressly permitted below in this Section l 1.2(s). (ii) The City shall not use any such information, except for the express purpose of utilizing it in connection with the management of the Facilities. The City shall not directly or indirectly disclose or discuss any such information with any person, other than employees, agents and subcontractors of the City who are directly concerned with the management of the Facility, provided, however, that in the event of any such disclosure to its employees, agents and subcontractors, 30 B # 1257589 v.6
ATTACHMENT A 950
the City (i) shall first inform SMG of its desire to make such disclosure, (ii) if ( requested by SMG, shall require such employees, agents or subcontractors to • • ·
execute and deliver to SMG prior to any disclosure by the City to him/her/it, an agreement acknowledging a receipt of a copy of the provisions of this Section ll.2(s) and agreeing to be bound by such provisions to the same extent as the City, and (iii) in any event, shall advise in writing all such persons of the existence of the provisions of this Section l l .2(s) and of their responsibility to comply with such provisions.
(iii) ''Confidential Information" means any and all proprietary information disclosed (orally, in w:riting, by inspection or otherwise) to the City by SMG pursuant to this Agreement and any information developed by the City and based upon the information disclosed to the City pursuant to this Agreement.
The restrictions upon confidentiality and use of Confidential Information set forth in this Section 11.2(s) do not apply to information which the City can demonstrate was publicly available or lawfully in its possession at the time of its disclosure to the City by SMG.
(iv) With respect to any information or material which is protected by copyright of SMG, no part of such materials may be reproduced, stored in a data base and retrieval system or transmitted in any form or by any means � graphic, electronic, photocopying, recording, mechanical or otherwise � without the prior written pennission of SMG.
(t) Exhibits. All exhibits to this Agreement ru:e hereby incorporated herein and made a part hereof by this reference.
(u) Closure of Facilities. City reserves the right, for budgetary reasons, to temporarily or permanently close one or more of the Facilities. Should the City decide to close one or more of the Facilities, City and SMG shall negotiate in good faith changes to the Base Fee and the Incentive Fee, commensurate with the change in responsibilities. 31 B # 1257589 v.6
(
ATTACHMENT A 951
IN WITNESS WHEREOF, this Agreement has been duly executed by the paliies hereto as of the day and year first above written.
By: -,,/;C.���-=>::======----
B IS
CITY MANAGER
ATTEST:
, .. L,, KATHERINE MEISSNER
\11' CIT7 �
• Byrl!l&)t�
APPROVED AS TO FORM
AND CONTENT:
JOHN M. LUEBBERKE
CITY ATTORNEY
SMG
��0�0��
Title: Chief Financial Officer
32 B # 1257589 v.6
ATTACHMENT A 952
Income
Rental Income
E..ent Cost Reimbursement
Rent Credits
Concessions & Catering
Nowlties Re110nue
Premium Seating
Adwrtislng and Sponsorship
Ticketing
Facility Fees
Other Rewnue
Total Income
EXHIBIT "A"
Benchmark calculation
2009
Theater Arena Total 11
$143,245 $628,198 $771,443
69,841 69,841
(30,090) (198,562) (228,652)
18,126 402,250 420,376
12,068 20,394 32,462
354,099 354,099
184,391 311,616 496,007
175,375 382,825 558,200
52,250 465,505 517,755
56,309 448,174 504,483
$611,675 $2,884,340 $3,496,015
A-1
2010
Theater Arena Total
$84,123 $608,772 $692,895
(460) 101,109 100,649
(12,650) (62,392) (75,042)
8,786 353,587 362,373
4,333 41,381 45,714
482,888 482,888
150,043 374,320 524,363
105,624 526,612 632,236
35,100 503,562 538,662
38,977 163,269 202,246
$413,876 $3,093,108 $3,506,984
2-Year Avg. $3,501,500 ( BENCHMARK $3,500,000
B # 1257589 v,6
ATTACHMENT A 953
(
EXIDBIT "B"
Ope .. ating Expenses and Ope .. ating Revenues
The Operating Expenses shall include without limitation the following:
1. payroll, SMG benefits (including any customary SMG employee bonus, subject to the Approved Budget) and related costs
2. food and beverage costs, once SMG takes over responsibility for the food and beverage operations pursuant to Paragraph (i) of Exhibit "D" hereto
3. purchase of operating supplies
4. advertising costs related to promotions of the Facility
5. cleaning expenses
6. data processing costs
7. insurance costs related to Facility operations
8. business-related dues, subscriptions, and membership costs
9. printing and stationary costs
10. postage and freight costs
11. equipment rental costs
12. repairs and maintenance costs
13. security expenses
14. cost of office supplies
15. utility and telephone charges
16. cost of employee uniforms
17. exterminator and trash removal costs
18. expenses and costs of any audit
19. possessory interest taxes and related expenses
B-1
B # 1257589 v.6
ATTACHMENT A 954
The Operating Revenues shall include without limitation the following:
1. rental revenues
2. concession revenues (and as long as the Sportservice Corporation Concession Agreement is in effect, such revenues shall encompass the commission payments made by Sportservice Corporation to the Arena)
3. merchandise sales revenues
4. on-site Facility Advertising and sponsorship revenues
5. equipment rental fees
6. utility income
7. box office income
8. miscellaneous operating income
9. income generated from separate agreements with SMG Affiliates pertaining to the Facility
10. interest income
11. rein1bursable event expenses
12. all facility fees
B-2
B # 1257589 v.6
(
(
ATTACHMENT A 955
EXHIBIT "C"
Pre-Existing Agreements
The following is a list of the Pre-Existing Agreements:
Vendor
Ascentis
ABI
Barco
Great Computer Systems
Micros Filios
Paciolan
Postini
PSI/Protection One
Quality Sound
Simplex Grinell
Sportservice
Stockton Blue
Translex
Sponsors
Jackson Rancheria (BHT)
Chase
Alpine Meats
VanRuiten
Jackson Rancheria
Food 4 Less
DBI (formerly San Joaquin Bev)
B & B Heating and Air
Stockton Blue
Kinder's B-B-Q
Imperial Brands (Vodka)
Pepsi
Utility Telephone
La Tequilera, Inc (Tequila)
Trinity Urgent Care
Cal Water
St. Josephs
Bank of AG.
CHP
Dreyers
Kids Care
News 10
Les Schwab
Golden Bear
C-1
Suiteholders
Food For Less
VanRuiten
Neumiller Beardslee
Arnaiz
Collins Electrical
California Welding
Zeiter Eye/Barketts
Golden Bear/ Kevin DoughertyNince
Loduca
Jackson Rancheria
BAC/Bank of Stockton
Diede Construction
Hayashi /UOP
Club Seat Agreements
All Club Seat Agreements that exphe after
2/25/2011
Event License Agreements
All event license agreements that relate to
events occurring on or after _2/25/2011
B # 1257589 v,6
ATTACHMENT A 956
EXHIBIT "D"
Services
Without limiting the generality of Article 2 of this Agreement, SMG shall have, without any prior approval by City except as otherwise expressly noted in this Agreement and below, sole right and authority to:
(a) Administer on behalf of the City the Pre�Existing Agreements. In that connection, the City shall use best efforts to have the counterparty to each Pre-Existing Agreement name SMG as an additional insured under all insurance policies maintained by the counterparty thereunder to the extent that the City is already named as an additional insured thereunder;
(b) Provide or cause to be provided, through itself and/or one or more of jts Affiliates and/or third party subcontractors, booking services, Catering and Concession services, maintenance services, and all other services in connection with the management, promotion and operation of the Facility;
(c) Negotiate, execute in SMG's own name, deliver and administer any and all licenses, occupancy agreements, rental agreements, booking commitments, advertising agreements, concession agreements, supplier agreements, service contracts (including, without limitation, contracts for cleaning, decorating and set-up, snow removal, general maintenance and maintenance and inspection of HV AC systems, elevators, stage equipment, fire control panel ap_d other safety equipment, staffing and personnel needs, including guards and ushers, and other services which are necessary or appropriate) and all other contracts and agreements in connection with the maintenance, management, promotion and operation of the Facilities, provided that (i) if any such license, agreement, commitment or contract other than those involving the license, lease or rental of the Facilities in the ordinary course has a term that extends beyond the remaining Tenn, such license, agreement, commitment or contract must prior thereto be approved in writing by the City (which approval shall be at the City's sole discretion, not to be unreasonably withheld), and (ii) SMG and the City will have joint approval rights (which approval right shall be at each party's sole discretion, not to be unreasonably withheld) for all major revenue streams that can impact the profitability of any Facility, including ticketing, sponsorships, food and beverage, and tenant leases with terms of one year or greater. In connection with any licenses, agreements, commitments or contracts for the Facilities, SMG will use best efforts to include in such documents (i) the right of SMG to assign all of its rights and obligations under such licenses, agreements, commitments and contracts to the City or to any successor management company retained by the City upon the expiration or termination of this Agreement, and (ii) the right of the City to assign its rights and obligations under such documents to any successor management company retained by the City thereafter. Upon the expiration or termination of this Agreement, an assignment and assumption by and between SMG and the City or a successor management company retained by the City shall occur as provided in Section 10.2 hereof.
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ATTACHMENT A 957
( In addition, SMG may rent any Facility or any part thereof to itself in connection with any event in the promotion of which SMG is involved, so long as such rental is on prevailing rates and terms or such other rates and terms as the City approves. Further, SMG and the City will develop guidelines and parameters which define, describe and limit the amount of risk that may be undertaken in the promotion or presentation of any Event. In the event that SMG determines that it is in the best interest of the City to enter into a greater risk venture, it will not do so without the advice and consent of the City; (d) Establish and adjust prices, rates and rate schedules for the aforesaid licenses, agreements and contracts and any other commitments relating to the Facilities to be negotiated by SMG in the course of its management, operation and promotion of the Facilities. In determining such prices and rate schedules, SMG shall evaluate comparable charges for similar goods and services at similar and/or competing facilities and shall consult with the City about any adjustments to the rate schedules at the Facilities to be made by SMG;
( e) To the extent that Operating Revenues or funds supplied by City are made available therefore, (i) maintain the Facilities in the condition received, reasonable wear and tear excepted, and (ii) rent, lease or purchase all equipment and maintenance supplies necessary or appropriate for the operation and maintenance of the Facilities; provided that City shall be responsible for undertaking all Capital Improvements and Capital Equipment purchases as provided in Section 5 .3;
(f) Pay, when due, on behalf of City, all Operating Expenses from accounts established pursuant to Sections 5.2 of this Agreement; (g) After consultation with the City's attorney or his/her designee, institute at the reasonable expense of the City, with counsel selected by SMG, such legal actions or proceedings as SMG shall deem necessary or appropriate in connection with the operation of the Facilities, including, without limitation, to collect charges, rents or other revenues due to the City or to cancel, tenninate or sue for damages Wlder, any license or agreement for the breach thereof or default thereunder; (h) Engage in such marketing, public relations, and promotional activities as SMG similarly conducts at comparable facilities designed to develop the potential of the Facilities and the cultivation of broad community support; and D-2
B # 1257589 v.6
ATTACHMENT A 958
EXIUBIT"E"
INSURANCE REQUIREMENTS
SMG SERVICES
INSURANCE Throughout the Term of this Agreement, SMG shall pay as an Operating Expense and maintain in full force and effect with an insurance company(s) (Company) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A: VII" in Best Insurance Key Rating Guide, the following policies of insurance:
A. COMMERCIAL GENERAL LIABILITY insurance which shall include independent contractors, contractual liability, products and completed operations, contingent liquor liability (however, if SMG or one of its affiliates takes over responsibility for the food and beverage and catering services as provided herein, then SMG or such affiliate concessionaire shall maintain liquor liability coverage), personal and advertising iajury, public liability and property damage, covering the premises, the operations hereunder, in the amount of One Million Dollars ($1,000,000.00) per occurrence for bodily injury and One Million Dollars ($1,000,000.00) per occurrence for property damage. The policy shall include medical liability for EMT's if any while working for SMG.
B. UMBRELLA LIABILITY insurance, with a limit of Five Million Dollars ($5,000,000) in the aggregate.
C. COMMERCIAL (BUSINESS) AUTOMOBILE LIABILITY insurance, endorsed for (
"any auto" with combined single limits of liability of not less than $1,000,000 each r occurrence. (CA 0001) "-
D. PROFESSIONAL ERRORS AND OMISSIONS, Not Jess than $1,000,000 per Claim./$2,000,000 Aggregate. Certificate of Insurance only required.
E. CRIME COVERAGE, Not less than $1,000,000 per occurrence.
F. EMPLOYMENT PRACTICES LIABILITY insurance, with coverage of at least One Million Dollars $1,000,000.00) for claims relating to the employment practices of SMG at the Facility pertaining to its employees.
G. WORKERS' COMPENSATION Insurance, as required under the California Labor Code, and Employers Liability Insurance with limits not less than $1,000,000 per accident/injury/disease.
Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by CITY.
Other Insurance Provisions
The Policy (s) shall also provide the following:
a.) The Commercial General Liability, the Umbrella Liability and Automobile Liability insurance shall be written on ISO approved occurrence form (see item 1 and 2 above) ( E-1
B # 1257589 v.6
ATTACHMENT A 959
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and endorsed to name: City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are additional insureds. ISO fonn CG 20 37 10 01 edition shall be used as the Additional fusured Endorsement. This form must be used with either ISO form CG 20 10 10 01, or CG 20 33 10 01 (or earlier editions of these fonns).
b.) For any claims related to this project, SMG's insurance coverage shall be primary insurance as respects the City of Stockton, its Mayor, Council, officers, representative, agents, employees and volunteers. Any coverage maintained by the CITY shall be excess of SMG's insurance and shall not contribute with it. Policy shall waive right of recovery (waiver of subrogation) against the CITY.
c.) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior to written notice by certified mail, return receipt requested, has been given to the CITY. Further, the thirty (30) day notice shall be unrestricted, except for workers' compensation, which shall permit ten (10) days advance notice. The Insurer shall provide the CITY with notification of any cancellation, major change, modification or reduction in coverage.
d.) Regardless of these contract minimum insurance requirements, SMG and its insurer shall agree to commit SMG's full policy limits and these minimum requirements shall not restrict SMG's liability or coverage limit obligations. e.) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any ca_se where such an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.
f.) The Company shall furnish the City of Stockton with the Certificates and Endorsements for all required insurance, - prior to the CITY's, execution of the Agreement and start of work.
g.) Proper Address for Mailing Certificates, Endorsements and Notices shall be:
City of Stockton,
Attn: Risk Services
425 N. El Dorado
Stockton, CA 95202
h.)Upon notification of receipt by the City of a Notice of Cancellation, major change, modification, or reduction in coverage, the Contractor shall immediately file with the City a certified copy of the required new or renewal policy and certificates for such policy.
Any variation from the above contract requirements shall only be considered by and be subject to approval by the City's Risk Services Manager (209) 937-8682. Our Fax is (209) 937-8833.
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ATTACHMENT A 960
If at any time during the Term of this Agreement, SMG fails to maintain the required insurance ( , in full force and effect, all work under this Agreement shall be discontinued immediately, and all payments due or that may become due to SMG shall be withheld until acceptable replacement coverage notice is received by the City. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. In the event of insurance cancellation, the City reserves the right to purchase insurance or insure (or self-insure) for the above required coverages, at SMG's full expense.
If SMG should subcontract all or any portion of the work to be performed in this Agreement, SMG shall cover the Sub-consultant, or require each Sub-consultant to adhere to all subparagraphs of these Insurance Requirements section, unless the City Manager otherwise consents in writing.
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B II 1257589 v.6
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ATTACHMENT A 961
ATTACHMENT A 962
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CITY OF STOCKTON \.)
\
OFFICE OF THE CITY MANAGER -
City Hall• 425 N, El Dorado Street• Stockton, CA 95202-1997 • 209/937-8212 • Fax 209/937-7149 I www.stocktongov.com • c:,.
�
u-\ November 23, 2015
�
\)
SMG � Attention: Mr. Wes Westley, President & CEO :,
300 Conshohocken State Road, Suite 770
West Conshohocken, PA 19428 i ,
OPTION TO RENEW MANAGEMENT AGREEMENT FOR OPERATION OF THE
ARENA, BALLPARK, BOB HOPE THEATER, AND THE OAK PARK ICE RINK FACILITIES: FEBRUARY 25, 2016 THROUGH FEBRUARY 24, 2021 The City of Stockton ("City") and SMG Stockton ("SMG'') are parties to Agreement C-11- 093 for Management Services entitled "Management Agreement between City of Stockton and SMG" (the "Agreement"), dated February 24, 2011, attached hereto as EXHIBIT 1 and incorporated herein by this reference.
Section 3.1{b) of the Agreement provides:
"The City may, in its discretion, extend the Term hereof for an additional five-year period commencing February 25, 2016 and ending February 24, 2021, by giving written notice to SMG at least ninety (90) days prior to the end of the Management Term." As the original contract term is set to expire on February 24, 2016, the City would like to exercise the five-year extension option. This letter serves as written notice of the City's intent to exercise its option to extend the contract for an additional five years beginning February 25, 2016 and ending on February 24, 2021.
Stockton
.,,. -caetty '1111!
1999
ATTACHMENT A 963
The parties further agree that all terms under the original Agreement C-11-093 shall remain unchanged during the renewal period.
IN WITNESS THEREOF, the parties hereby agree to extend the Agreement C-11-093 from February 25, 2016 through February 24, 2021,
This Agreement may be executed in counterparts, each of which shall be deemed to be· an orlglnal, but all of which, taken together, shall constitute one and the same agreement.
ATTEST:
APPROVED AS TO FORM:
-�' CITY ATTORNEY
CITY OF STOCKTON
SMG STOCKTON
BY:
WES
W
WESTLEY
-..,..> �
PRESIDENT & CEO
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ATTACHMENT A 964
ATTACHMENT A 965
RECEIVED
(,ty il,M1ANqi 6 -•'". l
[Hl"c H,�e;,1iv;;,(I
City of Stockton
·i1:·1:, ·· --,,_:c!,. • 'Gontra_9t Number
0 Original 0Amendment/Renewal/Change Order
QSubdivision Agreement OOther
Contract Title: First Amendment to the Non Prof. Service Agreement with SMG (C-11-09 NP) Vendor/Other Party: s;;.,..M;..;..G;;.,_ ____ -,,----=-------------------------- Contract Start Date: Feb.24.2011 Contract End Date: June 30. 2026 Contract Term:
Council approval required for contracts over $_,7=5=oo,._.,o,__ _______ for FISCAL YEAR: ,..2.,._01,.._7'-'•1..,.B ___ _ Motion/Resolution/Ordinance No: Q..0 \ ts- 0'6, 2:::0 -l 402-. Must be Attached 0 -•��gtj18$D ··q9pµ�1:ijj� ·rrri� tJfipWi ryg·•�9tynjk�ts shall be; �U.�initt�a.-wi(f •�f ii9r\�� -
- :cqpfr�6f Wh�n i�tjJf
t�H):\; "· Business License Required? 0 Yes ()No·-·· Busi�ess Licens�No. l½-OO\()l,pl,\G-\<S • • .- •• • • •• · -
.-·
Bonds Required? 0 Yes 0 No
Insurance Required? 0 Yes O No
Notary Required? 0 Yes 0 No Recordation Reauired? _O Y��- 0 No i Routing Order
Approved as to nofl11_ a Forwarded to: �
Signed by City Manag
City Clerk att
Retained ( file. Hard -_ on file? Y
Requisition No. ___________ Original sent to vendor on: ______ by: ____ _ Copy of contract to be retained by department. Original on file in the Clerk1 s office.
Copy of contract sent to Purchasing on: by: ____________ _ C ATTACHMENT A 966
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FIRST AMENDMENT TO THE NON-PROFESSIONAL SERVICES AGREEMENT WITH SMG, a Pennsylvania general partnership
This First Amendment to the Agreement for Non-Professional Services entered into /\{�_ ;2.-(... 2018, between, SMG, a Pennsylvania general partnership hereinafter called "SMG", and the CITY OF STOCKTON, hereinafter called "CITY" also referred to as "party" or "parties" respectively.
RECITALS
The CITY ahd SMG wish to amend the AGREEMENTto add services relating to the Stockton Downtown Marina.
The CITY and SMG wish to amend theAGREEMENTto modify the term length, incentive bonus structure, and compensation to the City.
NOW THEREFORE, in consideration of the foregoing and of the mutual promises, covenants, and agreements herein contained, the parties agree to the following amendments:
Background Section, Paragraph l is amended as follows:
The City is the owner of the Stockton Arena (the "Arena"), the Bob Hope Theater (the "Theater"), Oak Park tee Arena (the "Ice Center;'), the Banner Island Ballp.:irk (the ' 1 Ballpark"),
and the Stockton Downtown Marina and Morelli Boat Launch (the "Marina"); which together are Individually and collectively, as the context requires, the "Facility" or the 11 Facillties."
Section 1- "Definitions" is amended to include the following definitions:
"Benchmark" means negative Two Million Five Hundred Fifty Thousand Dollars and 00/100 ($-2,550,000) of Combined Net Operating Performance for the Arena, Theater, Ice Center, and Marina. The Anhual Base Fee Shall be included In the Net Operating Performance as an expense for purposes of the Incentive Fee Calculation. Calculation attached as amended, Exhibit A,
"Marina" means the property of the Stockton Downtown Marina located at 455 W Weber Ave, Stockton CA, and the surrounding guest docks located on both the north and south shores, and the Morelli Boat Launch Facilities and parking lot, (Exhibit G) Section 2.6(o) -"Other Responsibilities" amends subsection 18 and adds subsections 19-25 as follows:
(o) Other Responsibilities
18) Daily operation of the marina office, boat slips, guest docks and Morelli Boat Launch facility;
FIRST AMENDMENT TO C-11-093 NON PROFESSIONAL AGREEMENT WITH SMG Pagel of11.
ATTACHMENT A 967
19)
20)
21)
22)
23)
24)
25)
26)
Daily monitoring and deaning of on-site restrooms and showers, docks, electrical boat pedestals, septic pump-out and card -key access systems; Customer Service of the boating patrons including marina access, pump out services, policy standards and adherence1 and patron bilHngs and collection; Fee collection of monthly patrons, daily/overnight guests and boat launch cllentsi
Maintenance of Marina equipment and facilities, including lighting, electrical supply and outlets, fire prevention /alarms, sails, docks, locks and access equipment/software, wffi, pumps, a barge, and small tools; Security of the Marina property, including docks, slips, guest docks, and Morelli Boat launch facllity;
Legal and environmental response to and vacating process of any and all derelict or abandoned boats, including but not limited to those that fail to pay appropriate moo rage and those that are unauthorfzed in Marina facilities; Operator to use operating budget for such occurrences. For purposes of calculating Operator's Incentive eligibility, the City shall not consider any expenses paid in connection with such occurrences in excess of twenty thousand dollars ($20,000};
Accounting/reconciliatioh/auditing of operating budget, specifically, but not limited to all revenues, collections, and expenses; and Furnish all services necessary to accomplish the foregoing requirements of this section.
Section 3.1 "Management Term" is amended as follows:
(a) The Management Term of this agreement shall continue as currently stated, having began on February 25, 2011 and shall now end at mid-night on June 30, 2026, unless earlier terminated pursuant to the provisions of this Agreement (b) The City may, in Its discretion, extend the Term hereof for an additional five-year period commencing July 1, 2026 and ending June 30, 2031 by giving written notice to SMG at least ninety (90) days prior to the end of the Management Term.
Section 4.1 "Management and Capital Investment Fees" is amended as follows:
As base compensation to SMG for providing the services hereunder, The City shall pay SMG during the Term an annual fixed fee of Three Hundred Fifty-Five Thousand Dollars ($355,000) per fiscal year {$50,000 for the Marina and $305,000 for the remaining event venues}, commencing with the Fiscal Year that begins on July 11 2018 which amount shall be adjusted upward on the first day of each fiscal year, commencing with the Fiscal Year beginning on July 1, 2019, by the percentage change in the Consumer Price Index - All Urban Consumers (CPI-U) - US City Average -All items, as published by the Bureau FIRST AMENDMENTTO C-11-093 NON PROFESSIONAL AGREEMENT WITH SMG