City Council and Concurrent Authorities
March 4, 2025

City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - - Revised
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
4:00 PMTuesday, March 4, 2025
Closed Session 4:00 PM :: Regular Session 5:30 PM

1. CLOSED SESSION CALL TO ORDER/ROLL CALL

2. ADDITIONS TO CLOSED SESSION AGENDA

3. ANNOUNCEMENT OF CLOSED SESSION

3.1 25-0154 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Rosann San Nicolas v. City of Stockton, et al. (San Joaquin County Superior Court Case No.

STK-CV-UAT-2022-25)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.

Department: City Attorney

3.2 25-0156 CONFERENCE WITH LABOR NEGOTIATOR

1 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: Agency Designated Representative: Interim City Manager, City Attorney, Human Resources Director, Budget Officer, and Acting Deputy Director of Human Resources
Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Manager

4. CLOSED SESSION PUBLIC COMMENT*

5. RECESS TO CLOSED SESSION

6. REGULAR SESSION CALL TO ORDER/ROLL CALL

7. INVOCATION/PLEDGE TO FLAG

8. REPORT OF ACTION TAKEN IN CLOSED SESSION

9. ADDITIONS TO REGULAR SESSION AGENDA***

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

10.1 25-0234 PROCLAMATION: ARBOR WEEK
Department: Office of the Mayor

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 25-0213 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of January 7, 2025, January 9, 2025, January 21, 2025, and February 4, 2025 Department: City Clerk

2 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Attachment A – 2025-01-07
Attachment B – 2025-01-09
Attachment C – 2025-01-21
Attachment D – 2025-02-04
Attachments:

12.2 25-0064 APPROVAL OF ENHANCED SECURITY MEASURES AT CITY HALL Recommended Action: RECOMMENDATION
Approve a resolution to:

1. Establish a new unclassified/unrepresented classification position of Security Services Manager and approve the proposed salary range.

2. Authorize the addition of one new full-time employee (FTE) to the City Manager's Office, and associated budget appropriation of $49,724 to support the Security Services Manager position from April through June of FY2024-25.

3. Authorize a project budget of $186,755 for Enhanced Security Measures at City Hall and authorize corresponding purchases needed to procure equipment and services to implement.

4. Authorize a total budget appropriation of $236,479 from the General Fund Reserves to various funds in support of items 1-3.

5. Authorize the Interim City Manager to carry out the intent and purpose of this motion.

Department: City Manager
Attachment A - Draft Class Spec Security Services Manager Proposed Resolution - Security Services Manager
Attachments:

12.3 25-0029 APPROVE A MOTION TO AUTHORIZE A REFUND TO THE PORT OF

STOCKTON FOR AN OVERCHARGE OF INDUSTRIAL

WASTEWATER USER FEES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion authorizing the City Manager to authorize a refund to the Port of Stockton in the amount of $91,953.87 for an overcharge of industrial wastewater user fees.

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

Department: Municipal Utilities

12.4 25-0189 AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 15, CHAPTERS 15.24 AND 15.28 BY REPEALING AND REPLACING BOTH CHAPTERS WITH TITLE 15, CHAPTER 24, “PROPERTY
MAINTENANCE CODE” ADOPTING THE 2024 INTERNATIONAL

3 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15,
CHAPTER 15.04; AND TITLE 15, CHAPTER 15.12; AND TITLE 15, CHAPTER 15.64; AND TITLE 15, CHAPTER 15.68; AND TITLE 1, CHAPTER 1.32, SECTION 1.32.040; AND 15.32, SECTION 15.32.090

TO COMPLY WITH STATE LAW AND CORRECT INCONSISTENCIES

IN EXISTING CODE
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt an ordinance to:

1. Repeal Title 15, Chapter 15.24 and Title 15, Chapter 15.28 of the Stockton Municipal Code and create Title 15, Chapter 15.24 to incorporate the 2024 International Property Maintenance Code, with amended provisions, to adequately protect the health, safety, and welfare or the public and occupants, and better align with other existing adopted Codes; and

2. Amend Stockton Municipal Code, Title 15, Chapter 15.04, "Administrative Provisions for Construction Codes", regarding appeal provisions conflicting with the requirements of the California Code of Regulations, Title 24, Part II; and

3. Amend Stockton Municipal Codes, Title 15, Chapter 15.12, "Fire Code", whereupon with the adoption of the 2022 California Fire Code, an Appendix within the code was inadvertently included, and Title 15, Chapter 15.64, "Swimming Pool Code", whereupon with the adoption of the 2021 International Swimming Pool and Spa Code, an Appendix within the code was inadvertently included; and

4. Repeal Stockton Municipal Code, Title 15, Chapter 15.68, "Building Security Regulations" that is no longer relevant with the adoption of the International Property Maintenance Code; and

5. Amend Stockton Municipal Codes 1.32.040, "Appeal of Administrative Citation", and 15.32.090, "Appeals", to properly reference applicable and forms of appeal.

Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Department: Police
Attachment A - Proposed IPMC Ordinance Redlined Version Proposed Ordinance - IPMC
Attachments:

12.5 25-0065 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR PROFESSIONAL TREE SERVICES FOR

STOCKTON URBAN FOREST INVENTORY

4 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings pursuant to Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process.

2. Award a Professional Services Contract to West Coast Arborist, Inc. of Anaheim, CA, in the amount of $600,000, for Professional Tree Services for Stockton Urban Forest Inventory, Project No. OM-24-085/WE22052.

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.

Department: Public Works
Attachment A - Professional Services ContractAttachments:

12.6 25-0149 ADOPT RESOLUTION TO PURCHASE TWO FIRE ENGINES AND

TWO TILLER FIRE TRUCKS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $5,882,017 from the Fleet Internal Service Fund Balance to the Fleet Internal Service Fund, Equipment Acquisition Account.

2. Approve findings pursuant to Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process.

3. Approve the use of a Cooperative Purchasing Agreement through Sourcewell Contract No. 113021-OKC with Pierce Manufacturing, Inc. through an affiliated vendor, Golden State Fire Apparatus of Sacramento, CA, for the purchase of two fire engines and two tiller fire trucks.

4. Authorize the City Manager to execute a Cooperative Purchasing Agreement in the amount of $5,882,017 with Pierce Manufacturing, Inc. through an affiliated vendor, Golden State Fire Apparatus of Sacramento, CA, for the purchase of two fire engines and two tiller fire trucks.

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

Department: Public Works
Attachment A - Equipment Replacement List
Proposed Resolution
Exhibit 1 - Cooperative Purchase Agreement
Attachments:

13. ADMINISTRATIVE MATTERS

5 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised

14. UNFINISHED BUSINESS

14.1 25-0230 ADOPT RESOLUTION TO AUTHORIZE THE COLUMBUS PARK

RENOVATIONS PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the plans and specifications for the Columbus Park Renovations, Project No. WP22041.

2. Approve an Agreement between the City of Stockton and the San Joaquin County Office of Education dba Greater Valley Conservation Corps in the amount of $106,606 for the Columbus Park Renovations, Project No. WP22041.

3. Award a Construction Contract in the amount of $2,345,000 to Stockbridge General Contracting, Inc. of Clovis, CA, for the Columbus Park Renovations, Project No. WP22041.

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - GVCC Agreement
Exhibit 2 - Construction Contract
PPT - 14.1 - Columbus Park Renovation Project
Attachments:

15. NEW BUSINESS

15.1 25-0066 ACCEPT FISCAL YEAR 2024-25 FIRST QUARTER BUDGET STATUS

UPDATE AND AUTHORIZE BUDGET AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Accept this budget status report on the unaudited results of the first quarter of Fiscal Year (FY) 2024-25.

2. Approve two budget amendments and associated transfers in the General Fund Citywide Revenue and the Fire Department Truck 7 Restoration Project.

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

6 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Department: Administrative Services
Attachment A - FY24-25 First Quarter - General Fund
Attachment B - FY24-25 Measure A Expenditure Plan
Proposed Resolution
PPT - 15.1 - FY24-25 First Quarter Budget Update
Attachments:

15.2 25-0198 ACCEPT THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED DECEMBER 31, 2024
Recommended Action: RECOMMENDATION
It is recommended that the City Council accept by motion the Quarterly Investment Report for the quarter ended December 31, 2024.

Department: Administrative Services
Attachment A - Combined Quarterly Investment Reports
Attachment B - Certification of Quarterly Investment Report PPT - 15.2 - Quarterly Investment Report
Attachments:

15.3 25-0228 PROGRAM UPDATE: AVA COMMUNITY ENERGY
Recommended Action: RECOMMENDATION
This is an informational presentation only. No action to be taken.

Department: City Manager
PPT - 15.3 - Ava Community Energy UpdateAttachments:

15.4 25-0235 ADOPTION OF AN URGENCY ORDINANCE ESTABLISHING A

TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF NEW,

AND RELOCATION OR PHYSICAL EXPANSION OF EXISTING

TOBACCO RETAILER BUSINESSES, ALSO KNOWN AS

SMOKESHOPS, WITHIN THE CITY OF STOCKTON, TO BECOME

EFFECTIVE IMMEDIATELY
Recommended Action: RECOMMENDATION
Consider the adoption of an urgency ordinance with appropriate findings to establish a temporary moratorium on the establishment of new, and relocation or physical expansion of existing tobacco retailer businesses, also known as smoke shops, within the City of Stockton, to become effective immediately.

Department: City Attorney

7 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Proposed Ordinance
Attachment A - SB 793.pdf
Attachment B - CDPH Notice of Proposed Emergency Regulatory Action.pdf Attachment C - CDPH Finding of Emergency.pdf
Attachment D - CDPH Emergency Regulations Text.pdf
Attachment E - Forbes Article California Governor Unveils Emergency Ban on Hemp Products with THC.pdf Attachment F - FDA Article.pdf
Attachment G - ABC10.com Article.pdf
Attachment H - Stocktonia Article.pdf
Attachment I - SPD News_ Smoke Shop... - Stockton Police Department _ Facebook.pdf Attachment J - Modesto KCRA3 Article.pdf
Attachment K - Modesto Bee Article.pdf
Attachment L - Modesto Press Release.pdf
Attachment M - ABC30 Fresno.pdf
Attachment N - Fresno Bee Article.pdf
Attachment O- 2023 Public Comments.pdf
Attachment P - City of Covina.pdf
Attachments:

Note: This item was edited by the Office of the City Attorney on February 28, 2025

15.5 25-0236 ADOPTION OF A RESOLUTION WAIVING ANY APPLICABLE

PRIVILEGES FOR ANY CONFIDENTIAL BROWN ACT

INVESTIGATIONS CONDUCTED IN THE LAST FOUR YEARS
Recommended Action: RECOMMENDATION
Consider adopting a resolution to waive any applicable privileges for any confidential Brown Act investigations conducted in the last four years to allow for the public release of such report(s).

Department: City Attorney
Proposed ResolutionAttachments:

Note: This item was edited by the Office of the City Attorney on February 28, 2025

16. HEARINGS**

16.1 25-0188 TO ADOPT AN ORDINANCE CREATING TITLE 15, CHAPTER 15.34,

OF THE STOCKTON MUNICIPAL CODE, RELATED TO

COMMERCIAL PROPERTY VACANCY AND VACANT LOT

REGISTRATION AND A PUBLIC HEARING TO ADOPT A

RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL
YEAR 2024-25 FEE SCHEDULE

8 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance creating Title 15, Chapter 15.34 "Vacant Commercial Property and Vacant Lot Registration" of the Stockton Municipal Code, for the purposes of encouraging property owners to develop vacant buildings and lots to help alleviate properties from becoming public nuisances due to vandalism, disrepair, graffiti, and illegal dumping, thus diminishing the value of surrounding properties and affecting the general safety and welfare of the public.

2. Approve a Resolution to amend the FY 2024-25 Fee Schedule to incorporate fees for the registration of the vacant commercial properties and vacant lots.

3. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.

Department: Police
Attachment A - VP Registration Ordinance Redlined
Proposed Resolution - Vacant Commercial Property/Lot Fee Exhibit 1 - Fee Schedule Amend - Vacant Commercial Property Ordinance Proposed Ordinance - Vacant Property Registration
PPT - 16.1 - Vacant Commerical Property Ordinance
Attachments:

16.2 25-0164 ADOPT AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE (SMC), TITLE 1, CHAPTER 1.08, SECTION 1.08.010; AMENDING TITLE 1, CHAPTER 1.32, SECTION 1.32.050; AND AMENDING TITLE 9, CHAPTER 9.64, SECTION 9.64.090 TO CLARIFY FINE
STRUCTURES, ESTABLISH A “HARDSHIP WAIVER” PROCESS,

AND RESOLVE INCONSISTENCIES IN THE CODE RELATED TO
OFFENSES DEEMED AS INFRACTIONS; AND A PUBLIC HEARING

TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE
FISCAL YEAR 2024-25 FEE SCHEDULE

9 March 4, 2025City Council/Successor Agency to
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt an Ordinance amending Title 1, Chapter 1.08, Section 1.08.010, to update the Municipal Code to reflect the current limits of allowable fines for certain violations of the Code considered to be infractions, and ensure compliance with State Law by requiring the City to establish a program for qualifying persons the ability to request a reduction of fines resulting from violations of infractions through a 'Hardship Waiver Request' process; and,

2. Amend Title 1, Chapter 1.32, Section 1.32.050 to clarify that fines for violations considered to be infractions shall be levied in accordance with Title 1, Chapter 1.08; and,

3. Amend Title 9, Chapter 9.64, Section 9.64.090 to correct an inconsistency for the allowed height of barbed wire (a violation codified as an infraction) within separate Chapters/Sections of the Municipal Code; and,

4. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to Infraction Violations; and,

5. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.

Department: Police
Attachment A - Proposed Infractions Ordinance Amendments Redlined Proposed Resolution - Infractions
Exhibit 1 - Fee Schedule Amendment - Infractions
Proposed Ordinance - Infractions Ordinance Amendments
PPT - 16.2 - Amending Code 1 and Establishing a Hardship Waiver Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

10 March 4, 2025City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on February 28, 2025 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy

11 March 4, 2025City Council/Successor Agency to
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised

PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.

**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. Email - you may email your comments to [email protected]

2. Voicemail - you can leave a voice message by dialing (209) 937-8459.

3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience.
*All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.

Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.

A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.

B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.

C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably

12 March 4, 2025City Council/Successor Agency to
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impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:

Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE

COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.

B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.

C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.

D) Exit ways shall not be used in any way that will present a hazardous condition.

E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.

F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.

13 City of Stockton
Legislation Text
File #: 25-0234, Version: 1
PROCLAMATION: ARBOR WEEK
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16 City of Stockton
Legislation Text
File #: 25-0213, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of January 7, 2025, January 9, 2025, January 21, 2025, and February 4, 2025
Attachment A - 2025-01-07
Attachment B - 2025-01-09
Attachment C - 2025-01-21
Attachment D - 2025-02-04
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51 City of Stockton
Legislation Text
File #: 25-0064, Version: 1

APPROVAL OF ENHANCED SECURITY MEASURES AT CITY HALL

RECOMMENDATION
Approve a resolution to:

1. Establish a new unclassified/unrepresented classification position of Security Services Manager and approve the proposed salary range.

2. Authorize the addition of one new full-time employee (FTE) to the City Manager’s Office, and associated budget appropriation of $49,724 to support the Security Services Manager position from April through June of FY2024-25.

3. Authorize a project budget of $186,755 for Enhanced Security Measures at City Hall and authorize corresponding purchases needed to procure equipment and services to implement.

4. Authorize a total budget appropriation of $236,479 from the General Fund Reserves to various funds in support of items 1-3.

5. Authorize the Interim City Manager to carry out the intent and purpose of this motion.

Summary
On Thursday, January 9, 2025, the Stockton Police (SPD) and Public Works (PW) Departments began a security assessment and site review of the City’s current City Hall, at 425 North El Dorado Street. Upon completion of the review, several recommendations for improvement were presented to the Mayor and Council.

The item before Council now is intended to make necessary authorizations to carry out the enhanced security plan.

DISCUSSION
Present Situation
Security Services Manager
It was recommended that the City create a full-time position to oversee the City’s security contract, manage the contractor and its employees, and assess and coordinate security related activities and services between the City and contractor across all City sites.

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52 File #: 25-0064, Version: 1
It is recommended that this position follow the City’s mid-management position, Program Manager III, utilizing the annual base salary schedule below:

A draft class specification, has been provided in Attachment A. This specification was created, reviewed, and approved by various departments, including Police, Public Works, Community Services, Human Resources, and the City Manager’s Office.

The action before Council tonight would authorize the creation of an additional unclassified/unrepresented job classification of Security Services Manager, add one additional full- time position (FTE) to the City’s workforce, and authorize a budget appropriation of $49,724 to support the recruitment and hiring of this position, assuming step 6, and employment from April through June 2025.

Under the annual budget resolution, 2024-06-18-1603, the City does not have administrative authority to add positions to the workforce, such action requires Council approval. Funding to support the future salary will be included in the City Manager’s budget proposal for FY2025-26.

Additional Equipment and Materials
The need for additional security-related equipment and materials in City Hall has been identified. The Public Works Department has prepared and provided a cost estimate below, including staff time, to satisfy the recommended improvements.

The item before the Council would authorize and appropriate a project budget of $186,755 and allow PW to move forward with procuring the various items identified above. Some of these materials will be able to be transferred to New City Hall, as the construction of Council Chambers nears completion.

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53 File #: 25-0064, Version: 1
Universal Protection Service - Allied Security Contract In July 2023, by motion 2023-07-11-1207, the Council approved a three-year contract for $10,390,980 with Universal Protection Services to provide security at City facilities. In October of 2023, Contract Amendment 1, in the amount of $365,623 through the term of the agreement, was administratively executed to provide additional personnel and services at the Stockton Animal Shelter and the Mountain House Library.

The enhanced security plan at City Hall calls for additional contracted security personnel during Council and Council Committee meetings, which is allowable under the current contracted scope of work. However, additional contracted support may lead to additional costs not currently budgeted or funded. Staff will continue to monitor the use of services and related expenses and will prepare a contract and budget amendment at a later time, if needed.

FINANCIAL SUMMARY
Because this was an unplanned effort, funding is not readily available. A budget appropriation of $236,479 from the General Fund Reserve is required, and will be allocated as follows:
· $49,724 from the General Fund Reserves will be transferred to the City Manager’s Regular Salaries and related benefits accounts to support the Security Services Manager, potentially, from April through June 2025.
· $186,755 from the General Fund Reserves will be transferred to Public Works - City Hall Security Enhancements project
Attachment A - Draft Class Spec Security Services Manager City of Stockton Printed on 2/25/2025Page 3 of 3
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54 Established:

Resolution:

Spec Adopted:

CS Status: Unclassified
Unit: Unrepresented
FLSA Status: Exempt
City of Stockton

SECURITY SERVICE

S MANAGER

DEFINITION
Under general direction, the Security Services Manager plans, develops, organizes and implements the security plans and protocols to protect City Hall, and all other non-police, city owned facilities.

This role includes overseeing all security related contracts, personnel, whether they be contracted or internally staffed, coordinating emergency response plans, and ensuring compliance with local, state, and federal regulations.

CLASS CHARACTERISTICS
This single, non-sworn, position in the City Mana ger’s Office is responsible for managing staff and activities related to citywide security servic es. This position has extensive contact with the City Manager, the Police Department, Depa rtment Directors an d employees, various public/private organizations, and the general pub lic. General direction is provided by the City Manager, with support from the Ch ief of Police. This assignmen t requires a high degree of administrative decision making. The incumbent in this position is not a deputized peace officer and does not possess the power of law enforcement but works closely with the City’s Public safety Departments.

PRINCIPAL DUTIES (Illustrative Only)
 Directs, manages, and reviews the work of contracted and assigned security related staff to ensure operations are performed in accordance with City policy and procedure, applicable state and federal laws, and the Stockton Muni cipal Code; ensures adherence to relevant security and privacy laws.
 Create and lead a City Hall Public Safety Committee—comprised of staff from the Public Works, Police, and Fire Departments--foc used on enhancing secu rity measures and improving emergency preparedness at City Hall.
 Maintains incident logs and prepares detailed security reports.  Conducts routine threat assessments to desi gn, implement, and maintain comprehensive security plans at each City facility; recommends corrective actions when necessary.  Assists the City’s contracted security provider in recru itment, selection, assignment, training, and evaluation of personnel assi gned to the City of Stockton; makes recommendations for guard changes, post or ders, assignments, and addresses alarm responses.
 Ensures City employees, appointees, and electe d officials are adequately educated and appropriately trained on secu rity protocols, in partners hip with the Police and Fire Departments.

ATTACHMENT A
55 City of Stockton

SECURITY SERVICES MANAGER

 Develop and coordinate emergency respons e and evacuation plan s; conducting regular drills and s
imulations in partnership with Police, Fire, and Human Resources.  Researches, analyzes, recommends, and implements current industry best practices and technological advances as applicable to the program.
 Handles sensitive information and makes security- related decisions while demonstrating strong ethics and integrity.
 Makes decisions on behalf of the program, in the absence of superiors, in accordance with program rules, City policies, regulations, and procedures.  Prepares and reviews reports, corresponden ce, recommendations, and other types of records and documentation concerning the activities of the program.  Manages crisis situations effectively, ensuri ng safety and order during disruptions or emergencies.
 Serves as a liaison between the City Manager, law enforcement and public safety agencies; provides regular updates to City Officials on security matters.  Coordinates with Human Resources to oversee secu rity operations as part of the City’s safety committee.
 Coordinates with Human Resources to assi st in the developm ent, training, and implementation of the City’s Workplace Violence Prevention Program; and serves as a member of the City’s Crisis Management Team.
 Develops, trains, implements, oversees the City’s Alarm and Video Surveillance System policies.
 Coordinates after action meetings and training to address security incidents that occur in City facilities.
 Interprets and applies legal regulations and administrative policies related to security programs and enforcement.
 Provides technical guidance and assists in resolving complex issues.  Manages various analytical studies; prepares reports, correspondence and a variety of written materials.
 Represents the City with dignity, integrity, and the spirit of cooperation in all relations with staff and the public.
 Fosters an environment that embraces integrity, service, inclusion and collaboration.  Builds and maintains positive working relationships with co-workers, other City employees and the public using principles of good customer service.  Performs related duties as assigned.

QUALIFICATIONS
Knowledge of:
 Principles and practices of employee supervision, including selection, training, evaluation and discip
line;
 Principles and practices of public administration including program management and budgeting;
 Principles, practices, systems, and techniques of security-related records, and record keeping;  Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to security services;

ATTACHMENT A
56 City of Stockton

SECURITY SERVICES MANAGER

 Safety procedures for the proper handling of emergency, crisis, or disruptive situations;  Standard office practices and procedures, including basic an d specialized business personal computer applications and databases; and
 Correct English usage, spelling, punctuation, grammar, and report writing.

Skill in:

 Supervising, planning, organizing, assigning, directing, reviewing and evaluating the work of assigned and contracted staff;
 Analyzing complex technical problems, ev aluating alternatives and making sound, independent judgments within established guidelines;
 Developing, implementing and in terpreting goals, objectives, policies, procedures, work standards and internal controls;
 Proficient in security contract management and administration;  Interpreting and applying laws, regulations, policies and procedures;  Preparing clear, concise and comp etent analytical and technical reports, correspondence and other written materials;
 Using computer applications and technology effectively related to the work assigned;  Establishing and maintaining effective working relationships with those contacted in the course of the work;
 Presenting before the public, City Council, boards, commissions and other bodies;  Contributing effectively to the accomplishments of City goals, objectives and activities;  Organizing work, setting prio rities, and exercising sound, i ndependent judgment within established guidelines;
 Understanding customers’ perspective, concerns, needs and requests; and  Being professional and keeping calm during hostile confrontations and encounters.

Education/Experience:

Possession of a Bachelor’s degree from an accredit ed four year college or university with major course work in business or public administration, criminal justice or other law enforcement related area of study, or a closely related field; AND five (5) years of full-time experience in the field of security management or law enforcement, including administrative and supervisory responsibility.

Other Requirements:

 Possession of a valid California driver’s license;
 Possession of security management certificate;
 Strong leadership and team management skills;
 Excellent communication and interpersonal skills;
 Knowledge of technologies and systems;

Physical/Mental Abilities:
 Mobility - Frequent sitting fo r long periods of time while operating a keyboard; occasional standing and walking for long periods of time;

ATTACHMENT A
57 City of Stockton

SECURITY SERVICES MANAGER

 Lifting - Occasional lifting of 25 pounds or less;
 Vision - Constant use of overall visual capabilities; ability to read and produce printed material and information displayed on a visual display terminal;  Dexterity - Frequent holding, grasping, repetitive motion and writing;  Hearing/Talking - Constant hearing and talking of normal speech, frequen tly over noise, in person by telephone, and in group settings;
 Special Requirements - May require weekend, evening, or holiday work; must be available for on-call emergency response;
 Physical characteristics - May be required to walk for prolonged periods, sometimes needing to maneuver over debris or uneven terrain with potential hazards, to climb ladders and to crawl through small spaces;
 Emotional/Psychological - Cons tant concentration, decision making and public contact; exposure to unpleasant living conditions/situati ons involving children and the elderly; occasional encounters with irate/disturbed indi viduals; ability to exercise sound judgment, especially under stressful situations; and working alone;  Environmental Conditions - Occasional exposur e to noise, obnoxious odors, fumes, dust, extreme heat/cold, hazardous materials/substances; and
 Working Conditions - Primarily performed outside in inclement weather and in an office environment which is typically moderately qui et but may be loud at times and at some locations.

This class specification should not be interpreted as all inclusive. It is intended to identify the essential functions and requirement of this job. Incumbents may be requested to perform job-related responsibilities and tasks other than those stated in this specification. Any essential function or requirement of this class will be evaluated as necessary should an incumbent/applicant be unable to perform the function or requirement due to a disability as defined by the American with Disabilities Act (ADA). Reasonable acco mmodation for the specific disability will be made for the incumbent/applicant when possible.

APPROVED:

ROSEMARY RIVAS

DIRECTOR OF HUMAN RESOURCES

DATE:

ATTACHMENT A
58 CITY OF STOCKTON
SALARY & BENEFIT CALCULATOR‐CONFIDENTIAL
Payroll Cost Planning  FY 2024‐25
(Does not adjust for COLA or step increases)
Directions:

1. Enter employee title in the column heading.

2. Fill in monthly base salary from salary schedule.

3. If employee does not receive the listed add pays, delete contents from Add Pay cells.

4. This form is set up for Confidential employees. Percentages may need to be adjusted to fit employee's status.

Please contact your Budget Analyst for an editable copy.

Salary and Incentive Pays
Program
Manager III
(Step 1)
Program
Manager III
(Step 6)
Insert Class
Title
Insert Class
Title
Insert Class
Title
Monthly Base Salary From City Schedule 8,135.26 10,445.84 0.00 0.00 0.00 Base Annual Salary  97,623$              125,350$
Add Pay
Subtotal Add Pays ‐$   ‐$   ‐$                   ‐$                   ‐$ Salary plus Add Pays 97,623$              125,350$            ‐$                   ‐$                   ‐$ Benefit/Insurance Costs
(20‐37) General Liability Insurance 1  10,055$              12,911$              ‐$   ‐$   ‐$ (10‐20) Compensated Absences 2 1,171$                 1,504$                 ‐$   ‐$   ‐$ (10‐34) UIB  3 98$   125$   ‐$   ‐$   ‐$
(10‐33) Workers Comp    4 3,010$                 3,864$                 ‐$   ‐$   ‐$ (10‐27) Medicare Insurance Tax 1.45% 1,416$                 1,818$                 ‐$   ‐$   ‐$ Deferred Compensation 5 ‐$   ‐$   ‐$   ‐$   ‐$
(10‐31) Long Term Disability (0.63%) 6 615$   790$   ‐$   ‐$   ‐$ (10‐32) Life Insur  $.165/$1,000 7 72$   72$   72$   72$   72$ (10‐29) Medical/Dental 16,800$              16,800$              16,800$             16,800$             16,800$ (10‐25) Pers‐ER 8 27,774$              35,662$              ‐$   ‐$   ‐$ Subtotal Benefits/Insurance 61,010$              73,546$              16,872$            16,872$            16,872$ Total Position Expense 158,633$            198,896$            16,872$            16,872$            16,872$ Salary Benefit Calculator - Copy.xlsx 24-25 Conf 1/30/2025 ** Recommending the Security Services Manager aligns with the existing salary scale for a Program Manager III.

ATTACHMENT A
59 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TO APPROVE ACTIONS IN SUPPORT OF ENHANCED SECURITY

MEAURES AT CITY HALL, INCLUDING THE CREATION OF A NEW

UNCLASSIFIED/UNREPRESENTED CLASS SPECIFICATION OF SECURITY SERVICES MANAGER IN THE CITY MANAGER’S OFFICE, APPROVAL OF ITS

PROPOSED SALARY RANGE, AND AUTHORIZATION TO ESTABLISH A PROJECT

BUDGET WITHIN PUBLIC WORKS TO SUPPORT ADDITIONAL EQUIPMENT AND

MATERIALS

In January 2025, the Stockton Police (SPD) and Public Works (PW) Departments began a security assessment and site review of the City’s current City Hall, at 425 North El Dorado Street. Upon completion of the review, several recommendations for improvement were presented to the Mayor and Council; and

It is necessary to establish a new classification of Security Services Manager to provide oversight of citywide security services, reporting to the City Manager’s Office .

This new position does not have an associated budget throughout the remainder of Fiscal Year (FY) 2024-25, therefore a budget appropriation to fund the Security Services Manager through the remainder of FY 2024-25 is needed; and

The SPD and PW also prepared a list of recommended equipment and infrastructure improvements for City Hall and the existing Council Chambers. A budget appropriation and purchasing authority is necessary to implement the recommended improvements. Some of the equipment included in this plan can be moved to the new City Hall, as the construction of Council Chambers nears completion; now, therefore,

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

1. The new unclassified/unrepresented class specification of Security Services Manager is hereby created with the salary approved as follows:

a. The Director of Human Resources is hereby directed to prepare and finalize the appropriate class specification in accordance with Section

2.36.080 of the Stockton Municipal Code.

JOB CLASS FY 2025-26 BASE ANNUAL SALARY BY STEP
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Security
Services
Manager
$97,623.12 $102,633.12 $107,898.48 $113,419.91 $119,226.96 $125,350.08 60 2. Authorize the addition of one new full -time employee (FTE) to the City Manager’s Office, and associated budget appropriation to support the Security Service s Manager from April through June 2025.

3. Authorize the establishment of a Public Works project budget of $186,755 for Enhanced Security Measures at City Hall and authoriz e corresponding purchases needed to procure equipment and services to implement the enhanced security plan.

4. Authorize a budget appropriation of $236,479 from the General Fund Reserves, as follow:

 $49,724 to the City Manager’s Office Regular Salaries and associated benefits accounts , intended to cover April through June 2025 salaries.

 $186,755 to the Public Works Department to establish the Enhanced Security Measures at City Hall project budget.

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

PASSED, APPROVED, and ADOPTED March 4, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

___

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
61 City of Stockton
Legislation Text
File #: 25-0029, Version: 1

APPROVE A MOTION TO AUTHORIZE A REFUND TO THE PORT OF STOCKTON FOR AN

OVERCHARGE OF INDUSTRIAL WASTEWATER USER FEES

RECOMMENDATION
It is recommended that the City Council approve a motion authorizing the City Manager to authorize a refund to the Port of Stockton in the amount of $91,953.87 for an overcharge of industrial wastewater user fees.

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

Summary
In September 2024, City of Stockton Municipal Utilities Department (MUD) Environmental Control (EC) staff noted an error had been made in the calculation of monthly charges paid by the Port of Stockton for industrial sewer utility services. Upon review of the monthly billing, it was determined that the calculation error impacted sewer utility bills between March 2024 and August 2024. In total, the Port of Stockton was billed for $91,953.87 in overcharges due to the calculation error in monthly wastewater flows. This type of wastewater service fee is eligible for a refund under Stockton Municipal Code section 3.60.020. To avoid future overcharges, the EC staff have implemented a system to improve data-entry processes to prevent any future overcharges.

If approved by the City Council, this motion authorizes a refund to the Port of Stockton in the amount of $91,953.87.

DISCUSSION
Background
The City of Stockton Municipal Utilities Department (MUD) is responsible for the City’s sanitary sewer system including collection, treatment and recovery of wastewater. Sewer or wastewater rates for commercial, institutional, schools, and industrial customers are charged a fixed monthly rate and a variable consumption rate. The variable consumption rate is designed to recover the costs of treating the amount of wastewater discharged into the wastewater system (water flow) and wastewater constituent types (strength) generated by each commercial, institutional, and industrial customer. The Port of Stockton is classified as an industrial user and is charged accordingly. The City of Stockton Administrative Services Department - Utility Billing Division is responsible for the monthly billing of industrial wastewater customers. The billing amounts reflect the prior month’s charges.

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62 File #: 25-0029, Version: 1
Present Situation
In September 2024, EC staff noted a discrepancy in the data for the Port of Stockton’s monthly wastewater flow. Upon further review, it was determined that a flow entry of 8.66 million gallons per day (MGD) each month was erroneously entered to Port of Stockton sewer utility bills between March 2024 and August 2024. The table below outlines the reconciliation of this error and the total refund amount due to the Port of Stockton.

Month Corrected
Flow (MGD)
Amount Billed Corrected Billing Refund Due
March 2024 7.19 $31,270.27 $25,992.87 $5,277.40
April 2024 6.61 $31,270.27 $23,872.61 $7,397.66
May 2024 4.83 $31,270.27 $17,450.56 $13,819.71
June 2024 2.84 $31,270.27 $10,283.57 $20,986.70
July 2024 2.56 $31,286.19 $9,267.51 $22,018.68
August 2024 2.44 $31,286.19 $8,832.47 $22,453.72
TOTAL $187,653.46 $95,699.59 $91,953.87
Wastewater service fees are eligible for a refund under Stockton Municipal Code Section 3.60.020- A.2. Refunds
“Where the money paid was not required by law, ordinance, resolution or regulation, or was erroneously or illegally collected, or received by the City through mistake, inadvertence or error of law or fact”
To avoid future overbilled amounts, the EC staff have implemented a password-activated system to better control access and improve data-entry processes to prevent any future overcharges.

FINANCIAL SUMMARY
The refund of $91,953.87 will be issued to the Port of Stockton from the Wastewater Fund as follows:

Municipal Wastewater Utility/Charges for Service - Industrial.

This action has no impact on the General Fund, or any other unrestricted fund.

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63 City of Stockton
Legislation Text
File #: 25-0189, Version: 1
AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 15, CHAPTERS 15.24 AND

15.28 BY REPEALING AND REPLACING BOTH CHAPTERS WITH TITLE 15, CHAPTER 24, “PROPERTY MAINTENANCE CODE” ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15, CHAPTER 15.04; AND TITLE 15, CHAPTER

15.12; AND TITLE 15, CHAPTER 15.64; AND TITLE 15, CHAPTER 15.68; AND TITLE 1, CHAPTER 1.32, SECTION 1.32.040; AND 15.32, SECTION 15.32.090 TO COMPLY WITH STATE

LAW AND CORRECT INCONSISTENCIES IN EXISTING CODE

RECOMMENDATION
It is recommended that the City Council adopt an ordinance to:

1. Repeal Title 15, Chapter 15.24 and Title 15, Chapter 15.28 of the Stockton Municipal Code and create Title 15, Chapter 15.24 to incorporate the 2024 International Property Maintenance Code, with amended provisions, to adequately protect the health, safety, and welfare or the public and occupants, and better align with other existing adopted Codes; and

2. Amend Stockton Municipal Code, Title 15, Chapter 15.04, “Administrative Provisions for Construction Codes”, regarding appeal provisions conflicting with the requirements of the California Code of Regulations, Title 24, Part II; and

3. Amend Stockton Municipal Codes, Title 15, Chapter 15.12, “Fire Code”, whereupon with the adoption of the 2022 California Fire Code, an Appendix within the code was inadvertently included, and Title 15, Chapter 15.64, “Swimming Pool Code”, whereupon with the adoption of the 2021 International Swimming Pool and Spa Code, an Appendix within the code was inadvertently included; and

4. Repeal Stockton Municipal Code, Title 15, Chapter 15.68, “Building Security Regulations” that is no longer relevant with the adoption of the International Property Maintenance Code; and

5. Amend Stockton Municipal Codes 1.32.040, “Appeal of Administrative Citation”, and

15.32.090, “Appeals”, to properly reference applicable and forms of appeal.

Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Summary
This report recommends City Council adopt an ordinance amending several sections of the Stockton Municipal Code (SMC) to modernize building and property maintenance regulations, resolve internal inconsistencies, and ensure a legally sound appeals process. The proposed changes are City of Stockton Printed on 2/25/2025Page 1 of 4
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64 File #: 25-0189, Version: 1
comprehensive and address several key areas.

To modernize and streamline property maintenance regulations, the city should adopt the 2024 International Property Maintenance Code (IPMC), replacing outdated 1997 codes. This aligns local regulations with current best practices and state law. Additionally, the city should amend construction code appeal provisions (SMC 15.04) to comply with state regulations, remove conflicting appeal appendices from the 2022 California Fire Code and the 2021 International Swimming Pool and Spa Code, and clarify appeal processes for various violations within SMC 1.32.040, 8.28.080, and

15.32.090.

These combined changes aim to resolve long-standing issues stemming from reliance on outdated codes, improve communication and collaboration between City departments by establishing a unified code base, and mitigate the risk of legal challenges to the City's enforcement actions by ensuring adherence to state law and best practices.

DISCUSSION
Background
The City of Stockton's current building and property maintenance code framework is fragmented, outdated, and presents significant challenges to effective enforcement. For many years, the City has operated under a hybrid system, relying on a combination of the 1997 Uniform Codes (Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings) and more recent editions of the California and International Codes. This "patchwork" approach, where different departments operate under different code versions, creates a complex regulatory landscape that hinders efficient and consistent code enforcement. This mixed system creates several problems that impede efficient and consistent code enforcement.

First, it leads to inconsistent enforcement. The Building Division and Neighborhood Services Section, while frequently collaborating on enforcement matters, operate under different code versions, creating confusion among staff regarding which standards apply in specific situations. This can lead to potential inconsistencies in how regulations are interpreted and applied to property owners, resulting in uneven enforcement and potentially undermining public trust in the system. For example, a property owner might be cited by one department under a specific provision of the Uniform Housing Code, while a similar property owner might be addressed by another department under a different, potentially conflicting, provision of the International Property Maintenance Code.

Second, the 1997 Uniform Codes, as published by the International Conference of Building Officials (ICBO), are no longer updated and have been superseded by the International Code Council (ICC) codes, meaning they lag significantly behind current building practices, safety standards, and technological advancements in construction materials and methods. This outdated framework creates challenges in addressing modern construction and renovation projects, potentially compromising safety by not reflecting current best practices and hindering innovation by making it difficult to incorporate new technologies and materials. For instance, the 1997 Uniform Codes may not adequately address energy efficiency standards, seismic requirements, or the use of sustainable building materials that are now commonplace in modern construction.

Third, the differing code bases create communication barriers between departments and necessitate City of Stockton Printed on 2/25/2025Page 2 of 4
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officials regularly re-familiarizing themselves with outdated codes when their specific expertise is required. This process is inefficient and can lead to delays in enforcement actions, as staff must spend valuable time researching and interpreting outdated regulations rather than focusing on proactive code enforcement and community engagement. This also makes training and professional development more challenging, as staff must be proficient in multiple, sometimes conflicting, code versions.

Fourth, significant concerns exist regarding the appeals process. Recent caselaw highlights the need to address appeals related to construction and building code violations through a dedicated Building Board of Appeals as opposed to the administrative hearing process currently being used by the City.

Finally, during the adoption of the 2022 California Fire Code and the 2021 International Swimming Pool and Spa Code, appendices related to appeals were inadvertently included. These appendices conflict with the City's established appeal processes, which are outlined in other sections of the municipal code. These conflicting provisions create confusion for both city staff and the public regarding the proper channels for appealing code enforcement actions. These inconsistencies must be removed to avoid confusion and ensure the proper and legally sound handling of appeals.

Present Situation
It’s essential to comply with current legal standards, which will improve the efficiency of code enforcement, and ensure the safety and well-being of Stockton residents. The City's current reliance on a patchwork of outdated and conflicting codes creates significant vulnerabilities and hinders effective governance. Adopting the 2024 IPMC is essential to replace the outdated and inadequate 1997 Uniform Housing Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings.

These antiquated codes no longer reflect contemporary building practices, safety standards, or legal interpretations, creating ambiguity and potentially compromising public safety. The IPMC offers a consistent, up-to-date, and nationally recognized framework for property maintenance, providing clear guidelines for both property owners and City staff. Further, the IPMC is updated every three years through the model code development process ensuring the latest property maintenance and safety requirements are continually adopted. This transition will not only simplify enforcement by providing a single, unified code base, eliminating the current confusion caused by disparate regulations, but also significantly improve interdepartmental communication and collaboration. A unified code will facilitate seamless information sharing and a more coordinated approach to enforcement between the Building Division, Neighborhood Services, and other relevant departments.

Furthermore, it will align Stockton with current best practices in property maintenance, ensuring that the City's regulations reflect modern building practices, safety standards, and evolving legal interpretations. This alignment is critical for protecting public health and safety, promoting sustainable development, and complying with current legal standards.

Appeals process reform is also essential. Amending the administrative provisions for construction codes and other relevant sections is critical to ensure full compliance with state law. Amending the code will involve clarifying the role and structure of the Building Board of Appeals, establishing clear guidelines for its operation, and defining the specific types of appeals that fall under its purview.

Critically, it will ensure that appeals related to building and construction codes, which require specialized expertise, are handled by the appropriate body, mitigating the risk of future legal challenges based on improper handling of appeals and ensuring fairness for all parties involved. This reform will not only protect the City from potential litigation but also enhance public trust in the City of Stockton Printed on 2/25/2025Page 3 of 4
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fairness and impartiality of the appeals process. Further, the Handicapped Access Board of Appeals was reformed to align structurally with the amendments to the Building Board of Appeals and to remove outdated language with regards to individuals with disabilities.

Removing the inadvertently adopted appendices from the Fire Code and Swimming Pool Code is a necessary technical correction to eliminate conflicts and ensure the codes are clear, consistent, and legally enforceable. The presence of conflicting appeal processes within these codes creates ambiguity and could lead to confusion and legal challenges. This correction will streamline the appeals process and ensure that all appeals are handled according to the City's established procedures. Finally, correcting the references to appeals processes in various sections of the SMC will ensure clarity and consistency throughout the code, simplifying the process for both the City and members of the public seeking to understand and exercise their appeal rights. Accurate and consistent references are essential for ensuring that individuals are aware of their rights and have access to the appropriate channels for resolving disputes. These changes, taken together, will not only improve the City's code enforcement framework but also enhance public safety, promote responsible property maintenance, and contribute to a more efficient, transparent, and legally sound regulatory environment. A modernized and consistent code framework will streamline operations, improve communication, and ultimately better serve the residents of Stockton.

FINANCIAL SUMMARY
Adoption of the International Property Maintenance Code and amending existing Codes is not expected to have a negative fiscal impact.

Attachment A - Proposed IPMC Ordinance Redlined Version City of Stockton Printed on 2/25/2025Page 4 of 4
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67 ATTACHMENT A
1 ORDINANCE NO. ______

AN ORDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 15, CHAPTERS

15.24 AND 15.28 OF THE STOCKTON MUNICIPAL CODE BY REPEALING AND REPLACING BOTH CHAPTERS WITH TITLE 15, CHAPTER 24, “PROPERTY MAINTENANCE CODE” BY ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15, CHAPTER 15.04; AND TITLE 15, CHAPTER 15.12; AND TITLE 15, CHAPTER 15.64; AND TITLE 15, CHAPTER 15.68; AND TITLE 1, CHAPTER 1.32, SECTION 1.32.040; AND 15.32, SECTION 15.32.090

TO COMPLY WITH STATE LAW AND CORRECT INCONSISTENCIES IN EXISTING CODE

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

SECTION I. FINDINGS AND INTENT

The City Council of the City of Stockton finds adopting the property maintenance standards, rules, and regulations established in the 2024 Edition of the International Property Maintenance Code, will adequately protect the health, safety, and welfare or the public and occupants and will better align with other existing adopted Codes and State Law, and shall be adopted and hereby incorporated by reference into the Stockton Municipal Code, Title 15, Chapter 15.24, and shall be known as the Property Maintenance Code.

The City Council also finds Stockton Municipal Code, Title 1, Chapter 1.32, Administrative Citations, Title 15, Chapter 15.04, Administrative Provisions for Construction Codes, Title 15, Chapter 15.32, Maintenance, Security, and Rehabilitation or Abandoned and Vacant Property, regarding appeal provisions, conflicts with the intent of State Law, and shall hereby be amended.

The City Council also finds, when Stockton Municipal Code, Title 15, Chapter

15.12, California Fire Code was adopted, an appendix within the code was mistakenly adopted, and shall herby be amended.

The City Council also finds, when Stockton Municipal Code, Title 15, Chapter

15.64, International Swimming Pool and Spa Code was adopted, an appendix within the code was mistakenly adopted, and shall hereby be amended.

SECTION II. AMENDMENT OF CODE

Title 15, Chapters 15.24 and 15.28 are hereby amended by repealing the entire Chapters as follows:

Chapter 15.24 HOUSING CODE

68 ATTACHMENT A
2 15.24.010 Adoption of Uniform Housing Code.

On July 13, 1999, there were filed in the office of the City Clerk three (3) copies of the Uniform Housing Code, 1997 Edition, as published by the International Conference of Building Officials. Pursuant to Title 25 of the California Code of Regulations, only Chapters 4, 5, and 6 and Sections 701.2 and 701.3 of the Uniform Housing Code are hereby incorporated in this code by reference.

15.24.020 Health Officer.

15. Section 401 of the Uniform Housing Code is hereby amended by changing the definition of “Health Officer” to the following:

B. Health Officer shall be the administrative officer in charge of San Joaquin County Health Department or an authorized representative.

C. In addition, the City Manager may designate any City official or employee who, as City Health Officer, may take whatever measures as may be necessary to preserve and protect the public health in the incorporated area of the City consistent with State statutes relating to public health.

15.24.030 Substandard buildings.

Section 1001 of the Uniform Housing Code is hereby amended to read as follows:

(a) Substandard Building Defined. Pursuant to Health and Safety Code Section 17920.3, substandard buildings include any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof and the same shall be deemed and hereby is declared to be a substandard building.

(b) Conditions constituting substandard buildings:

1. Inadequate sanitation shall include, but not be limited to, the following:

i. Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

ii. Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

iii. Lack of, or improper kitchen sink.

iv. Lack of hot and cold running water to plumbing fixtures in a hotel.

69 ATTACHMENT A
3 v. Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

vi. Lack of adequate heating.

vii. Lack of, or improper operation of required ventilating equipment.

viii. Lack of minimum amounts of natural light and ventilation required by applicable codes.

ix. Room and space dimensions less than required by applicable codes.

x. Lack of required electrical lighting.

xi. Dampness of habitable rooms.

xii. Infestation of insects, vermin, or rodents as determined by the Health Officer.

xiii. General dilapidation or improper maintenance.

xiv. Lack of connection to required sewage disposal system.

xv. Lack of adequate garbage and rubbish storage and removal facilities as determined by the Health Officer.

2. Structural hazards shall include, but not be limited to, the following:

i. Deteriorated or inadequate foundations.

ii. Defective or deteriorated flooring or floor supports.

iii. Flooring or floor supports of insufficient size to carry imposed loads with safety.

iv. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

v. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

vi. Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

vii. Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

viii. Fireplaces or chimneys which list, bulge, or settle due to defective material 70 ATTACHMENT A
4 or deterioration.

ix. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

3. Any nuisance.

4. All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.

5. All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and which is free of cross connections and siphonage between fixtures.

6. All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.

7. Faulty weather protection, which shall include, but not be limited to, the following:

i. Deteriorated, crumbling, or loose plaster.

ii. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

iii. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

iv. Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

8. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the Chief of the Fire Department or deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

9. All materials of construction, except those which are specifically allowed or approved by applicable codes, and which have been adequately maintained in good and safe condition.

10. Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible 71 ATTACHMENT A
5 materials, and similar materials or conditions constitute fire, health, or safety hazards.

11. Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code and local modifications thereof.

12. All buildings or portions applicable thereof not provided with adequate exit facilities as required by applicable codes, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

13. All buildings or portions thereof which are not provided with the fire-resistive construction or fire extinguishing systems or equipment required by applicable codes, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.

14. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies.

15. Inadequate structural resistance to horizontal forces.

16. “Substandard building” includes a building not in compliance with applicable fire and panic safety rules and regulations.

(c) Exception: However, a condition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of construction, alteration, or conversion.

15.24.040 Violation.

It is a violation of this code for any person to allow, maintain or cause a property located within the City limits to exist with any of the substandard conditions set forth in Section 15.24.030.

15.24.050 Notice and order.

Sections 101.2.3, 3.1 and 3.3 of the Uniform Housing Code are hereby amended 72 ATTACHMENT A
6 to read as follows:

3.1 If the Building Official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 30 days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.

3.3 If the Building Official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine reasonable (not to exceed 30 days from the date of the order); that all required permits be secured therefor within 30 days from the date of the order, and that the demolition be completed within such time as the Building Official shall determine is reasonable.

15.24.060 Report transmitted to Council.

Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing said report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved and served by certified mail, postage prepaid, addressed to the owner of the property as his or her name and address appear on the last equalized assessment roll of the County, if such so appear, or as known to the Clerk.

Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, and place when the Council will hear and pass upon the Building Official’s report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed change.

Chapter 15.28 ABATEMENT OF DANGEROUS BUILDINGS CODE

Article I. Administration

15.28.010 Adoption of Uniform Code for the Abatement of Dangerous Buildings.

On July 13, 1999, there were filed in the office of the City Clerk, three (3) copies of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International conference of Building Officials. Said code is hereby incorporated in this code by reference.

15.28.020 Procedure.

Section 801(a) of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:

Sec. 801(a) Procedure. When any work of repair or demolition is to be done pursuant to Section 701(c)3 of this code, the Building Official shall cause the work to be 73 ATTACHMENT A
7 accomplished by City Personnel or by private contract under the direction of the Building Official. Plans and specifications therefor may be prepared by the Building Official, or he or she may employ such architectural and engineering assistance on a contract basis as he or she may deem reasonably necessary.

(b) Costs. The cost of such work shall be paid from the Repair and Demolition Fund, and may be made a special assessment against the property involved, or be made a personal obligation of the property owner, whichever the City Council shall determine is appropriate.

15.28.030 Repair and demolition fund.

Section 802(a) of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:

Sec. 802(a) General. The City Council shall establish a repair revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.

(b) Maintenance of Fund. The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the City Treasurer who shall credit the same to Repair and Demolition Funds.

15.28.040 Account of expense—Report.

Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is hereby amended to read as follows:

Sec. 901. The Director shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to the provisions of Section 701(c)3 of this code.

Upon the completion of the work or repair or demolition, said Director shall prepare and file a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401.

15.28.050 Hearing on costs.

74 ATTACHMENT A
8 Section 902 of the Uniform Code for Abatement of Dangerous Buildings is hereby amended to read as follows:

Sec. 902. Upon receipt of said report, the Director shall set a hearing before an Administrative Hearing Officer as provided in Chapter 1.44 to hear said report, and any protests or objections thereto. The Director shall cause notice of said hearing to be posted upon the property involved and served by certified mail, postage prepaid, addressed to the owner of the property as his or her name and address appear on the last equalized assessment roll of the County, if such so appear, or as known to the Director. Such notice shall be given at least 10 days prior to the date set for hearing and shall specify the day, hour, and place when the hearing will take place.

Article II. Securing of Unsafe Buildings

15.28.060 Existence of unsecured buildings—A public nuisance.

It is hereby found and expressly declared that the existence of an unsecured building within the City is a public nuisance and dangerous to the health and safety of the inhabitants of said City. An unsecured building is hereby defined and when so designated by the Director of Community Development as any unoccupied house, garage, building or any other structure which is unoccupied and into which free entry may be made through the existence of any unsecured opening, including broken and unboarded windows and doorways.

15.28.070 Unlawful not to secure after notice.

It is unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of 10 days after such owner, agent, lessee or other person above described has been given notice as provided in Sections 15.28.080 and 15.28.090, which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured in a manner approved by the Director of Community Development and the public nuisance thereby abated.

15.28.080 Service or notice to secure building.

The notice described in Section 15.28.070 may be given by either of the following methods:

A. Delivery of a written notice personally to the owner, agent, lessee or other person having charge or control of the unsecured building or to any person 18 years of age or older residing at the residence of said owner, agent, lessee or other person above described;

B. Mailing of said notice to such person at his or her last known address as it 75 ATTACHMENT A
9 appears on the last equalized assessment roll of the City of the County.

15.28.090 Contents of notice to secure building.

The notice to secure building shall:

A. Contain the address of the premises on which the unsecured building is situated, if such address is ascertainable;

B. Contain a legal description of premises on which the unsecured building is situated as such description is found in the San Joaquin County Assessor’s office;

C. State that the enforcing officer has found the building to be unsecured and dangerous to the health and safety of the inhabitants of the City and therefore a public nuisance;

D. Order that owner, agent, lessee or person having charge or control of the unsecured building to secure the building in such a manner that it may not be freely entered;

E. Advise the person receiving said notice that if he or she fails to secure said building within 10 days that the City will enter upon such premises and itself secure that building, and that the cost of this work will be charged to the owner of the unsecured building and may result in a lien against the premises on which the building is situated;

F. Notify the person receiving said notice that failure to secure a building within the City is a misdemeanor.

15.28.100 Posting of notice to secure building.

A copy of the notice described in the preceding Section 15.28.090 shall, on or before the day of service of said notice, be conspicuously posted on the unsecured building which the enforcing officer is seeking to secure.

15.28.110 Securing by City after ten-day period.

In the event such owner, agent, lessee or other person having charge or control of an unsecured building fails, refuses, or neglects within said 10-day period to secure an unsecured building hereinbefore declared to be a public nuisance, then the City may cause said building to be secured and the cost of such work shall be paid forthwith by such owner, agent, lessee or other person.

15.28.120 Liability for cost of work.

Liability to the City for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the 76 ATTACHMENT A
10 building at the time the work was done by the City; provided, however, that this chapter shall not be construed to impair any lien which shall exist under Section 15.28.140.

15.28.130 Repair by City—Record of costs.

In the event that the securing of any such unsecured building hereinbefore declared to be a public nuisance is done by the City, the Director of Community Development or designated agent shall compute from records the costs of work done attributable to the premises on which the building is situated. The director shall then cause notice of said cost to be given in the manner specified herein for the giving of notice to secure, which notice shall specify the day, hour, and place when the hearing before the Administrative Hearing Officer concerning the cost of securing together with any objection or protests, if any, which may be raised by any person liable to be assessed for the cost of such securing. Any other interested person may be heard.

15.28.140 Report—Contents—Filing.

In the event that the securing of such buildings is done by the City, the City Manager or designated agent shall prepare and file a report specifying the work which has been done, its cost, a description of the building on which the work was done, a description of the real property upon which the work was done and the assessment against each lot, parcel or premises of land to be levied to pay the costs thereof. Any such report may include work done on any number of parcels whether contiguous to each other or not.

15.28.150 Report—Hearing and finality of decision.

Upon the day and hour fixed for the hearing, the Administrative Hearing Officer shall hear and pass upon the report of the Director of Community Development or designated agent together with any objections or protests which may be raised by any of the persons liable to be assessed for the work done and any other interested persons.

Thereupon, the Hearing Officer may make such revision, correction or modification in the report as it may deem just, after which, by motion or resolution, the report as submitted or as revised, corrected, or modified shall be confirmed. The Hearing Officer may adjourn the hearings from time to time for a period not to exceed 30 days. The decision of the Hearing Officer on all protests and objections which may be made shall be final and conclusive.

15.28.160 Assessment of costs—Time for payment—Failure to pay lien.

The costs of the securing of said buildings may be assessed by the Administrative Hearing Officer against the parcel of property upon which such work was done, and such costs so assessed, if not paid within five (5) days after its confirmation by the Administrative Hearing Officer, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment, and all interest thereon is paid, or until it is discharged off 77 ATTACHMENT A
11 record.

15.28.170 Cost of securing to constitute special assessment.

Five (5) days after confirmation of said report, a copy shall be turned over to the Assessor and the Tax Collector of the City, whereupon it shall be the duty of said officer to add the amounts of the respective unpaid assessments to the next regular bills for taxes levied against the said respective lots and parcels of land for municipal purposes.

Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

15.28.180 Cancellation or refund of special assessment.

All or any portion of the special assessment herein mentioned shall be canceled, or if collected, be refunded by the Director of Finance pursuant to such procedures as may be adopted from time to time by resolution of the City Council, and subject to any limitations which may be imposed by any such resolution.

15.28.190 Right of entry.

It is unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City to enter upon any property between 6:00 a.m. and 8:00 p.m. where any public nuisance as defined in Section 15.28.060 hereof is reasonably believed to exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Section

15.28.110 hereof, after notice has been given as provided in Sections 15.28.080 and

15.28.100 hereof, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If the section or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Sections 15.28.060 through 15.28.180.

SECTION III. AMENDMENT OF CODE

Title 15, Chapters 15.24 “Housing Code” is hereby adopted and amended and shall read as follows:

CHAPTER 15.24 PROPERTY MAINTENANCE CODE

Article I. Administration

15.24.010 Adoption of International Property Maintenance Code.

On Month XX, XXXXApril 4, 2025, there was filed in the office of the City Clerk, one (1) copy of the International Property Maintenance Code, 2024 Edition, as published 78 ATTACHMENT A
12 by the International Code Council. Said code is hereby incorporated in this code by reference.

15.24.020 Purpose.

The purpose of the code is to provide minimum maintenance standards for existing buildings including minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety. The International Property Maintenance Code provides for the regulation and safe use of existing structures and premises in the interest of public health, safety, and welfare.

15.24.030 Amendments.

Notwithstanding the provisions of Stockton Municipal Code, Section 15.24.010, the International Property Maintenance Code is amended as follows:

A. Chapter 1, Section 101.1 “Title” is hereby amended and shall read as follows:

These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION]City of Stockton, hereinafter referred to as “this code.”

B. Chapter 1, Section 101.1.1 “Code official’ is hereby added and shall read as follows:

Whenever the term “code official” is used herein, it shall be construed to mean the Director, Community Development Department or the Deputy Director, Building and Safety Division or any duly delegated representative (or) Director as defined in Title 1 of the Stockton Municipal Code.

C. Chapter 1, Section 102.3 “Application of other codes” is hereby amended and shall read as follows:

Repairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International California Building Code, International California Existing Building Code, International California Energy Code, International California Fire Code, International Fuel Gas Code, International California Mechanical Code, International California Plumbing Code, NFPA 70 California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the International Zoning Code Stockton Municipal Code Title 16, Development Code.

D. Chapter 1, Section 102.8 “Referenced codes and standards” is hereby amended and shall read as follows:

79 ATTACHMENT A
13 The codes and standards referenced in this code shall be those that are listed in Chapter 8 and Section 15.24.030C of the Stockton Municipal Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2.

Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

E. Chapter 1, Section 103 “Code compliance agency” is hereby amended and shall read as follows:

Section 103.1: Agency.

The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge thereof shall be known as the code official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. The Director, Community Development Department, or duly appointed designee, shall be the official in charge and shall be known as the code official. The function of the code official shall be the implementation, administration, and enforcement of the provisions of this code.

F. Chapter 1, Section 106.1 “General” is hereby amended and shall read as follows:

In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.

Exceptions: Appeals for the following Sections shall be heard in accordance with Stockton Municipal Code, Title 1, Chapter 1.44 ‘Administrative Hearings’:

Section 301.3: Vacant structures and land.

Section 302.1: Sanitation.

Section 302.3: Sidewalks and driveways.

Section 302.4: Weeds.

Section 302.5: Rodent Harborage.

Section 302.8: Motor vehicles.

Section 302.9: Defacement of property.

Section 308 et seq.: Rubbish and garbage.

Section 309 et seq.: Pest elimination.

G. Chapter 1, Section 107.2 “Notice of violation” is hereby amended and shall read as follows:
80 ATTACHMENT A
14 The code official shall serve a notice of violation or order in accordance with Section 109.4 Title 1, Chapters 1.28 and 1.32 of the Stockton Municipal Code.

H. Chapter 1, Section 107.3 “Prosecution of violation” is hereby amended and shall read as follows:

Any person failing to comply with a notice of violation or order served in accordance with Section 109.4 Title 1 of the Stockton Municipal Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Notwithstanding any of the remedies outlined above, whenever a person fails to comply with a notice of violation or order, the code official may use administrative remedies including but not limited to issuing administrative citations, notice and orders, and civil penalties.

I. Chapter 1, Section 109.5 “Hazardous structure or premises” is hereby amended and shall read as follows:

For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous:

1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3. Any building, structure or portion thereof that is dangerous.

4. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. Pursuant to Health and Safety Code, Sections 17920 and 17920.3, by definition, this shall include substandard buildings; which is any building or portion thereof, including any building used for human habitation regardless of zoning designation or approved uses of the building, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, wherein there exists any conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the occupants 81 ATTACHMENT A
15 of the building, nearby residents, or the public and the same shall be deemed and hereby is declared to be a substandard building.

5. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

6. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

7. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. This shall include extensive visible mold growth, as determined by a health officer or a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.

8. Any building or structure, because of a lack of sufficient or proper fire- resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

9. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

J. Chapter 1, Section 109.4 “Notice” is hereby amended and shall read as follows:

Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 109.4.1 and 109.4.2 Title 1 of the Stockton Municipal Code to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.

K. Chapter 1, Section 109.9 “Restoration or abatement” is hereby amended 82 ATTACHMENT A
16 and shall read as follows:

The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the International California Existing Building Code.

Pursuant to the California Health and Safety Code (HSC), Sections 17980(c)(2) and 17980(d), in deciding whether to require vacation of the building, or to repair as necessary, the City shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling and shall give full consideration to the needs for housing as expressed in the City’s housing element and, if the City determines that a building or portion thereof is substandard under this section based solely on the building or portion thereof being illegally occupied, the City shall not commence court proceedings to abate the violation by repair if all of the following conditions are met:

A. The owner declares under penalty of perjury that the occupant is illegally occupying the building.

B. The owner filed and is diligently prosecuting an unlawful detainer action against the occupant, or the occupant is being removed pursuant to Section 602 of the Penal Code.

C. The City determines the building poses no risk to tenants, nearby residents, or the public.

L. Chapter 1, Section 110.6 “Hearing” is hereby amended and shall read as follows:

Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, in accordance with Section 106 shall be afforded a hearing as described therein.

M. Chapter 2, Section 201.3, “Terms defined in other codes” is hereby amended and shall read as follows:

Where terms are not defined in this code and are defined in the International California Building Code, International California Existing Building Code, International California Fire Code, International Fuel Gas Code, International California Mechanical Code, International California Plumbing Code, International California Residential Code, International Zoning Code Stockton Municipal Code, Title 16, Development Code orNFPA 70 California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code such terms shall have the meanings ascribed to them as stated in those codes. 83 ATTACHMENT A
17 N. Chapter 2, Section 202 “General definitions” is hereby amended, and the following definition shall be added:

HEALTH OFFICER. The legally designated head of the County Department of Health or the designated Health Official of the City of Stockton.

O. Chapter 3, Section 301.2 “Responsibility” is hereby amended and shall read as follows:

The owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner’s agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the California International Building Code, California International Residential Code or California International Existing Building Code. A person shall not occupy as owner- occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. The owner and occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for not allowing any condition to exist upon the property, or within the structure, any nuisance that may be determined to affect the safety or well-being of the general public.

P. Chapter 3, Section 304.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California International Existing Building Code, the California International Residential Code or the California International Building Code:

Q. Chapter 3, Section 304.14 “Insect screens” is hereby amended and shall read as follows:

During the period from [DATE] to [DATE], e Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air 84 ATTACHMENT A
18 curtains or insect repellent fans, are employed.

R. Chapter 3, Section 305.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

The following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Internationa Existing Building Code, the CaliforniaInternational Residential Code, or the CaliforniaInternational Building Code:

S. Chapter 3, Section 306.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the California International Existing Building Code, the California International Residential Code or the California International Building Code:

T. Chapter 4, Section 401.3 “Alternative Devices” is hereby amended and shall read as follows:

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California International Building Code shall be permitted.

U. Chapter 5, Section 502.5 “Public toilet facilities” is hereby amended, respectively and shall read as follows:

Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the California International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

V. Chapter 5, Section 505.1 “Abandonment of systems” is hereby amended and shall read as follows:

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California International Plumbing Code.

W. Chapter 6, Section 602.2 “Residential occupancies” is hereby amended and shall read as follows:

Dwellings shall be provided with heating facilities capable of maintaining a room 85 ATTACHMENT A
19 temperature of 68 65°F (20 18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the California International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.

X. Chapter 6, Section 602.3 “Heat supply” is hereby amended and shall read as follows:

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 6865°F (2018°C) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:

1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.

2.In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.Y. Chapter 6, Section 602.4 “Occupiable workspaces” is hereby amended and shall read as follows:

Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

Z. Chapter 6, Section 604.2, “Service” is hereby amended and shall read as follows:

The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase 86 ATTACHMENT A
20 electrical service having a minimum rating of 60 amperes.

AA. Chapter 6, Section 604.3.1.1 “Electrical equipment” is hereby amended and shall read as follows:

Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International California Building Code.

Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement:

1. Enclosed switches, rated not more than 600 volts or less.

2. Busway, rated not more than 600 volts.

3. Panelboards, rated not more than 600 volts.

4. Switchboards, rated not more than 600 volts.

5. Fire pump controllers, rated not more than 600 volts.

6. Manual and magnetic motor controllers.

7. Motor control centers.

8. Alternating current high-voltage circuit breakers.

9. Low-voltage power circuit breakers.

10. Protective relays, meters and current transformers.

11. Low- and medium-voltage switchgear.

12. Liquid-filled transformers.

13. Cast-resin transformers.

14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.

87 ATTACHMENT A
21 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water.

16. Luminaires that are listed as submersible.

17. Motors.

18. Electronic control, signaling and communication equipment.

BB. 604.3.2.1 “Electrical equipment” is hereby amended and shall read as follows:

Electrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California International Building Code.

Exception:

Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.

CC. Chapter 7, Section 702.3 “Locked doors” is hereby amended and shall read as follows:

Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the CaliforniaInternational Building Code.

DD. Chapter 7, Section 703.7 “Vertical shafts” is hereby amended and shall read as follows:

Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the International California Fire Code. New floor openings in existing buildings shall comply with the California International Building Code.

EE. Chapter 7, Section 704.1 “Inspection, testing and maintenance” is hereby amended and shall read as follows:

Fire protection and life safety systems shall be maintained in accordance with the CaliforniaInternational Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

FF. Chapter 7, Section 704.1.1 “Fire protection and life safety systems” is hereby amended and shall read as follows:
88 ATTACHMENT A
22 Fire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the CaliforniaInternational Fire Code and the InternationalCalifornia Building Code.

GG. Chapter 7, Section “Required fire protection and life safety systems” is hereby amended and shall read as follows:

Fire protection and life safety systems required by this code, the CaliforniaInternational Fire Code or the California International Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the CaliforniaInternational Fire Code or the CaliforniaInternational Building Code has been granted shall be considered to be a required system.

HH. Chapter 7, Section 704.1.3 “Fire protection systems” is hereby amended and shall read as follows:

Fire protection systems shall be inspected, maintained and tested in accordance with the following California InternationalFire Code requirements.

1. Automatic sprinkler systems, see Section 903.5.

2. Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 904.14.5.

3. Automatic water mist extinguishing systems, see Section 904.11.3.

4. Carbon dioxide extinguishing systems, see Section 904.8.

5. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.

6. Clean-agent extinguishing systems, see Section 904.10.

7. Dry-chemical extinguishing systems, see Section 904.6.

8. Fire alarm and fire detection systems, see Section 907.8.

9. Fire department connections, see Sections 912.4 and 912.7.

10. Fire pumps, see Section 913.5.

11. Foam extinguishing systems, see Section 904.7.

12. Halon extinguishing systems, see Section 904.9.
89 ATTACHMENT A
23 13. Single- and multiple-station smoke alarms, see Section 907.2.9.2.

14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.5.

15. Smoke control systems, see Section 909.22.

16. Wet-chemical extinguishing systems, see Section 904.5.

17. Duct and air transfer openings, see Section 706.1.

II. Chapter 7, Section 704.2.1 “Records” is hereby amended and shall read as follows:

Records shall be maintained of all system inspections, tests and maintenance in accordance with Section 109.3 of the California InternationalFire Code.

JJ. Chapter 7, Section 704.3 “Systems out of service” is hereby amended and shall read as follows:

Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901.7 of the CaliforniaInternational Fire Code to bring the systems back in service.

Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with NFPA 25.

KK. Chapter 7, Section 704.3.1 “Emergency impairments”

Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the California International Fire Code.

LL. Chapter 7, Section 704.4.2 “Removal of existing occupant-use hose lines” is hereby amended and shall read as follows:

The fire code official is authorized to permit the removal of existing occupant-use 90 ATTACHMENT A
24 hose lines where all of the following apply:

1. The installation is not required by the CaliforniaInternational Fire Code or theInternational California Building Code.

2. The hose line would not be utilized by trained personnel or the fire department.

3.The remaining outlets are compatible with local fire department fittings.

MM. Chapter 7, Section 704.4.3 “Termination of monitoring service” is hereby amended and shall read as follows:

For fire alarm systems required to be monitored by the CaliforniaInternational Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated.

NN. Chapter 7, Section 704.5.1 “Fire department connection access” is hereby amended and shall read as follows:

Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object.

Access to fire department connections shall be approved by the fire chief.

Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the California International Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.

OO. Chapter 7, Section 704.6.4 “Smoke detection system” is hereby amended and shall read as follows:

Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple- station smoke alarms and shall comply with the following:

1.The fire alarm system shall comply with all applicable requirements in Section 907 of the California InternationalFire Code.

2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the CaliforniaInternational Fire Code.

3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 91 ATTACHMENT A
25 907.6.6 of the California InternationalFire Code.

PP. Chapter 7, Section 705.1 “General” is hereby amended and shall be read as follows:

Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the CaliforniaInternational Residential Code shall be installed in accordance with Section R311 of that code.

15.24.040 Repair and demolition fund - report

A. General. The City Council shall establish a repair revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or demolition of dangerous buildings.

B. Maintenance of Fund. The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the City Treasurer who shall credit the same to Repair and Demolition Funds.

C. Account of Expenses - Report. The Director shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to this Code. Upon the completion of the work or repair or demolition, said Director shall prepare and file a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice.

Article II. Securing of Unsafe Buildings

15.24.050 Existence of unsecured buildings—A public nuisance.

It is hereby found and expressly declared that the existence of an unsecured building within the City is a public nuisance and dangerous to the health and safety of the inhabitants of said City. An unsecured building is hereby defined and when so designated by the code official as any unoccupied house, garage, building or any other structure which is unoccupied and into which free entry may be made through the existence of any unsecured opening, including broken and unboarded windows and doorways.

15.24.060 Unlawful not to secure after notice.

92 ATTACHMENT A
26 A. It is unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of ten (10) days after such owner, agent, lessee or other person above described has been given notice as provided in Stockton Municipal Code, Title 1, Chapter 1.24 et seq., or Chapter 1.28 et seq., or Chapter 1.32 et seq., which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured pursuant to Stockton Municipal Code, Title 15, Chapter 15.32, or in a manner approved by the code official. Any person entitled to appeal a securing action by the City may appeal the Notice or any action of the code official specific to the securing action, by requesting an Administrative Hearing in accordance with Stockton Municipal Code, Title 1, Chapter

1.44. 15.24.070 Securing by City after ten-day period.

In the event such owner, agent, lessee or other person having charge or control of an unsecured building fails, refuses, or neglects within said 10-day period to secure an unsecured building in accordance to the provisions of Chapter 15.32.050 or as approved by the Building Official, hereinbefore declared to be a public nuisance, then the City may cause said building to be secured and the cost of such work shall be paid forthwith by such owner, agent, lessee or other person.

15.24.080 Liability for cost of work.

Liability to the City for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the building at the time the work was done by the City; provided, however, that this chapter shall not be construed to impair any lien which shall exist under Stockton Municipal Code, Section 15.24.130.

15.24.090 Repair by City—Record of costs.

In the event that the securing of any such unsecured building hereinbefore declared to be a public nuisance is done by the City, the code official or designated agent shall compute from records the costs of work done attributable to the premises on which the building is situated. The director code official shall then cause notice of said cost to be given in the manner specified herein for the giving of notice to secure, which notice shall specify the day, hour, and place when the hearing before the Administrative Hearing Officer concerning the cost of securing together with any objection or protests, if any, which may be raised by any person liable to be assessed for the cost of such securing.

Any other interested person may be heard.

15.24.100 Appeal of cost of securing

Any person entitled to appeal the cost of securing by the City may appeal the cost by requesting an Administrative Hearing pursuant to Stockton Municipal Code, Title 1, 93 ATTACHMENT A
27 Chapter 1.44.

15.24.110 Report—Contents—Filing.

In the event that the securing of such buildings is done by the City, the City Manager or designated agent shall prepare and file a report specifying the work which has been done, its cost, a description of the building on which the work was done, a description of the real property upon which the work was done and the assessment against each lot, parcel or premises of land to be levied to pay the costs thereof. Any such report may include work done on any number of parcels whether contiguous to each other or not.

15.24.120 Assessment of costs—Time for payment—Failure to pay lien.

The costs of the securing of said buildings may be assessed by the Administrative Hearing Officer against the parcel of property upon which such work was done, and such costs so assessed, if not paid within five (5) days after its confirmation by the Administrative Hearing Officer, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment, and all interest thereon is paid, or until it is discharged off record.

15.24.130 Cost of securing to constitute special assessment.

Five (5) days after confirmation of said report, a copy shall be turned over to the Assessor and the Tax Collector of the City, whereupon it shall be the duty of said officer to add the amounts of the respective unpaid assessments to the next regular bills for taxes levied against the said respective lots and parcels of land for municipal purposes.

Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

15.24.140 Cancellation or refund of special assessment.

All or any portion of the special assessment herein mentioned shall be canceled, or if collected, be refunded by the Director of Finance pursuant to such procedures as may be adopted from time to time by resolution of the City Council, and subject to any limitations which may be imposed by any such resolution.

15.24.150 Right of entry.

It is unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City to enter upon any property between 6:00 a.m. and 8:00 6:00 p.m. where any public nuisance as defined in Stockton Municipal Code, Section 15.24.050 hereof is reasonably believed to 94 ATTACHMENT A
28 exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Stockton Municipal Code, Section 15.32., after notice has been given in accordance with Stockton Municipal Code, Title 1, Chapter 1.24, or Chapter

1.28, or Chapter 1.32, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If the section or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Stockton Municipal Code, Sections 15.24.050 through 15.24. 140.

15.24.160 Repayment of repair and demolition fund

All money recovered by payment of the charge, or assessment, or from the sale of the property at foreclosure sale, shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.

SECTION IV. AMENDMENT OF CODE

Title 15, Chapter 15.04, Administrative Provisions for Construction Codes, Article II, Organization and Enforcement, is hereby adopted and amended and shall be read as follows:

15.04.140 Building Board of Appeals.

A. The Building Board of Appeals shall hear and decide appeals concerning denials of requests to use alternative construction materials. The Building Board of Appeals shall have no authority relative to the interpretation of the administrative provisions of this code nor shall the Building Board of Appeals be empowered to waive requirements of this code. In order to hear and decide appeals of orders, decisions or determinations made by the building official and/or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure.

Exception: Pursuant to the California Historical Building Code, Title 24, this Chapter does not pertain to structures and premises which are designated as qualified historical buildings or properties.

B. Notwithstanding any other provisions of this code, this article shall govern the organization and administration of the Building Board of Appeals. (Prior code § 13-204; Ord. 026-07 C.S. § 2)

15.04.150 Definitions.

Unless the context otherwise requires, the article set forth in this chapter govern the construction of this article.
95 ATTACHMENT A
29 "Board" means the Building Board of Appeals.

“Building Code Official” means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.

"Code" means Stockton Municipal Code Title 15, and any adopted provisions of the California Building Code, California Fire Code, Uniform Housing Code, the Uniform Code for the Abatement of Dangerous BuildingsInternational Property Maintenance Code, California Existing Building Code, International Swimming Pool and Spa Code,Uniform Building Security Cod California Green Building Standards Code, California Energy Code, California Plumbing Code, California Mechanical Code, California Electric Code, and any other code or regulation hereinafter adopted by the City in furtherance of the provisions hereof.

“Fire Code Official” means the fire chief or other designated authority charged with the administration and enforcement of the Fire Code, or a duly authorized representative.

"Member" means a member of the Building Board of Appeals. (Prior code § 13-204.1; Ord. 026-07 C.S. § 2)

15.04.160 Organization and membership.

A. The Building Board of Appeals shall be comprised of seven five members, of which one will be a resident of the lay community, appointed by the Mayor with the advice and consent of the City Council Director of the Community Development Department. The Mayor with the advice and consent of the City CouncilDirector may also appoint two alternate members to the Board. The Deputy Director of the Community Development Department/Building and Safety Division shall serve as ex officio secretary of the Board but shall not vote. The members of the Board shall be qualified by experience and training to pass on matters pertaining to building construction, hazards of fire, or fire protection systems, and shall not be employees of the City of Stockton.

1. One member shall be a general building contractor;

2. One member shall be a plumbing contractor;

3. One member shall be an electrical contractor;

4. One member shall be a mechanical contractor;

5. One member shall be an engineer or architect;

6. One member shall be selected from the lay community; and

7. One member shall be a fire protection engineer or fire protection contractor with at least 10 years of experience which shall have been in responsible charge of work.

B. The term of office for each member shall be four years. Vacancies occurring during a term shall be filled for the unexpired period of the term by the Mayor with 96 ATTACHMENT A
30 the approval of the City Council. Terms shall be staggered to provide continuity.

Members shall serve at the pleasure of the City Council and may be removed from office without cause upon an affirmative vote of the City Council A member shall be removed from the Board prior to the end of their terms only for cause.

Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.

C. Board members shall be residents of San Joaquin County the City at the time of application for appointment and continuously thereafter. Failure to reside within the City County shall result in automatic forfeiture of the appointment.

Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.

D. A member shall be neither an elected officer nor an employee of the City, but shall not be disqualified by membership on, or employment by, any other Board, commission, agency or authority of, or created by or for the City.

E. No member shall knowingly acquire any interest in any property which is the subject of any action or appeal before the Board. A member having any interest in property which is the subject of an action or appeal before the Board shall make immediate disclosure of the fact of an interest to the Board, and the member shall be disqualified from all deliberations by the Board relating to that property.

F. The Board shall elect a chairperson and vice chairperson from among its members. The term of office of the chairperson and vice chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place, and frequency of its meetings shall be fixed by the Board.

G. A majority of the total number of members appointed to the Board, excluding alternates, shall constitute a quorum at any regular or special meeting of the Board. The chairperson of the Board is authorized to fill a vacant seat of an absent member of the Board with an alternate member, only at the commencement of a hearing of the appeal, and the alternate member shall then hear the entirety of the appeal upon being seated on the Board.

H. The minimum number of concurring votes required to transact business or decide any matter before the Board shall be a majority of the total authorized membership of the Board excluding alternates. The petition, appeal, request, or other matter shall be deemed denied absent the required number of votes.

97 ATTACHMENT A
31 I. Compensation of members shall be determined by law or as established by resolution of the City Council from time to time.

J. The City shall furnish to the Board adequate secretarial, and executive, and legal assistance, meeting space, and upon the Board's request, make available service and advice of the administrative departments.
(Prior code § 13-204.2; Ord. 026-07 C.S. § 2; Ord. 001-11 C.S. § 2, eff. 2-24-11)

15.04.170 Powers and duties.

The Board's function is:

A. To hear appeals of decisions made by the Building Official relative to the denials of requests to use alternative methods and materials decisions or determinations made by the building code official or fire code official relative to the application and interpretation of this code and from aggrieved parties relative to the application of the California Code of Regulations, Title 24, and other related Codes and regulations of as adopted by the City.

Notwithstanding any other provisions of this code, the Board, whenever there are practical difficulties involved in carrying out the provisions of the above- mentioned model codes or related regulations of the City, may grant modifications for individual cases, provided it shall first find that a special individual reason makes compliance with the strict letter of these codes and regulations impractical and that the modification is in conformity with their intent and purpose. The Board shall not have authority to waive the requirements of this code or interpret the administration of this code.

B. Conduct of Appeals.

1. The Board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent and purpose of this code, the California Code of Regulations, Title 24, and related regulations of the City of Stockton to provide relief where possible to aggrieved parties which is consistent with the security of the public welfare.

2. The Board shall adopt rules of procedure for the conduct of appeals, make provisions for adequate notice of hearing to all parties, provide for public hearing of all appeals to be commenced not less than 10 nor more than 60 45 days from the date of filing of the petition for appeal, record minutes of all its proceedings, and provide copies of such minutes for inspection as a public record.

3. The Board shall hear appeals as soon as is possible in those cases where the enforcing officer has acted under the emergency provisions of Section 15.04.120(I) of this code.
98 ATTACHMENT A
32 C. Procedure on Petition for Hearing of Appeals.

1. Upon filing of the petition, the Secretary shall set the matter on the agenda for consideration by the Board.

2. Notice in writing of not less than seven days shall be given the applicant or petitioner specifying the time and place of the hearing. In an emergency situation, notice shall be given as soon as possible before the date of the hearing.

3. At the hearing, the petitioner shall be given an opportunity to be heard and present witnesses and any other evidence to support the petitioner's request.

4. Any notice which is not appealed within 10 days of the date of service shall automatically become an order and a permit suspended by a notice not appealed within 10 days of service is deemed revoked.

5. If the Board sustains or modifies a notice, determination, or action which has been appealed, a notice shall become an order and any other determination or action shall be final.

D. Decisions.

1. No later than 30 days after hearing, the Board shall formally report its findings of fact and, together with the reasons, its decision in writing. The Board may sustain, modify, withdraw, or reverse any notice, determination, decision, or action which has been appealed.

2. The findings shall order the petition or application either granted or denied and specify any conditions of limitations imposed.

3. A copy of the findings and decisions shall be forwarded to the petitioner or the petitioner's representative at the address shown upon the petition on file within 30 days of the issuance of the findings.

E. A copy of the report shall be forwarded to the administrative office whose decision has been appealed.

F. The Board shall file the original of its findings in its permanent records.

G. The findings and decisions of the Board upon an appeal shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law. (Prior code § 13-204.3; Ord. 026-07 C.S. § 2; Ord. 001-11 C.S. § 2, eff. 2-24-11) 99 ATTACHMENT A
33 15.04.180 Right of appeal.

Any person aggrieved by any notice or administrative decision concerning the decisions or determinations made by the building code official and/or fire code official relative to the application and interpretation of this code and the use of alternative building materials may request a hearing on the matter before the Building Board of Appeals by filing in the office of the Community Development Department a written petition setting forth a brief statement of the grounds of protest within 10 days from the date the notice was served or the decision, determination, or order was rendered. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Upon receipt of the petition, the Building Official shall forward the petition forthwith to the Board who shall set a time and place for the hearing giving the petitioner notice thereof by mail of not less than seven days. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice, order, decision, or determination shall be modified or withdrawn. The hearing shall be commenced not less than 10 or more than 60 45 days from the date the petition is filed.
(Prior code § 13-204.4; Ord. 026-07 C.S. § 2)

ARTICLE III Handicap Accessibility Access Board of Appeals

15.04.200 Handicapped Access Accessibility Board of Appeals.

The Accessibility Board of Appeals is hereby created pursuant to Health and Safety Code Section 19957.5 to hear written appeals brought by any person regarding action taken by the Building Division of the Community Development Department of the City in enforcing the requirements of Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code requiring access to public accommodations by physically handicapped disabled persons, including the exceptions contained in Section 19957. (Prior code § 13-210)

15.04.210 Definitions.

For purposes of this article, the following words and phrases are defined:

"Board" means the Handicapped Access Accessibility Board of Appeals.

"Building Official" means the Director of Community Development, or the Deputy Director in charge of the Building and Safety Division, or a duly authorized representative.

"Member" means a member of the Handicapped Access Accessibility Board of Appeals. (Prior code § 13-211; Ord. 001-11 C.S. § 2, eff. 2-24-11)

100

ATTACHMENT A
34 15.04.220 Organization and membership.

A. The Handicapped Access Accessibility Board of Appeals shall be comprised of five members appointed by the Mayor with the advice and consent of the City Council.

The Deputy Director of Community Development/ Building Division shall serve as ex officio secretary to the Board.

1. Two members shall be handicapped disabled persons suffering from an orthopedic or physical disability which impairs their personal mobility to such an extent that they require special facilities for access to public accommodations.

2. Two members shall be members of the Building Board of Appeals experienced in construction, i.e., those members appointed pursuant to Section

15.04.160(A)(1), (2), (3), (4) or (5).

3. One member shall be a public member selected from the community at large.

B. The term of office for each member shall be four years. Vacancies occurring during a term shall be filled for the unexpired period of the term by the appointing authority.

Terms shall be staggered to provide continuity.

Members shall serve at the pleasure of the City Council and may be removed from office without cause upon an affirmative vote of the City Council. A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.

In the event membership on the Building Board of Appeals of a member appointed under subsection (A)(2) of this section terminates for any reason, membership on the Handicapped Access Accessibility Board of Appeals shall automatically terminate and another member of the Building Board of Appeals shall immediately be appointed to fill such unexpired term.

C. Board members shall be residents of the City San Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County City shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.

D. A member shall be neither an elected officer nor an employee of the City, but shall not be disqualified by membership on or employment by any other board, commission, agency or authority of or created by or for the City.

E. No member shall knowingly acquire any interest in any property which is the subject of any action or appeal before the Board. A member having any interest in such 101

ATTACHMENT A
35 property shall make immediate disclosure of the fact of an interest to the Board, and shall be disqualified from all deliberations by the Board relating to that property.

F. The Board shall elect a chairperson and vice chairperson from among its members.

The term of office of the chairperson and vice chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place and frequency of its meetings shall be fixed by the Board.

G. Three members of the Board including at least one disabled handicapped disabled member shall constitute a quorum at any regular or special meeting of the Board.

H. The minimum number of concurring votes required to transact business or decide any matter before the Board shall be a majority of the total authorized membership of the Board. The petition, appeal, request or other matter shall be deemed denied absent the required number of votes.

I. Compensation of the members shall be determined by law or as established by resolution of the City Council from time to time.

J. The City shall furnish to the Board adequate secretarial, and executive, and legal assistance and meeting space and, upon the Board's request, make available services and advice of various administrative departments. (Prior code § 13-212; Ord. 026-07 C.S. § 2)

SECTION V AMENDMENT OF CODE

Title 15, Chapter 15.12, Fire Code is hereby amended and shall read as follows:

15.12.010 Adoption of California Fire Code.

On January 1, 2023, there was filed in the office of the City Clerk one copy of the California Fire Code, 2022 Edition including Appendix A, B, BB, C, CC, D, E, F, G, H, I, J, K, L, M, N, O, P (see California Fire Code Section 101.2.1, 2022 Edition), as published by the International Code Council. Said code is hereby adopted and incorporated in this code by reference, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the office of the City of Stockton and hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions, and changes, if any, prescribed in this chapter.
(Ord. 2019-11-19-1102-02 § 2; Ord. 2022-11-15-1203 C.S. § 2)

SECTION VI. AMENDMENT OF CODE
102

ATTACHMENT A
36 Title 15, Chapter 15.64.010 is hereby amended and shall read as follows:

15.64.010 Adoption of the International Swimming Pool and Spa Code.

On January 1, 2023, there were filed in the office of the City Clerk, one copy of the International Swimming Pool and Spa Code, 2021 Edition excluding Appendix A, as published by the International Code Council. Said code is hereby incorporated in this code by reference.
(Prior code § 14-1000; Ord. 2019-11-19-1102-01 § 2; Ord. 2022-11-15-1203 C.S. § 2)

SECTION VII. AMENDMENT OF CODE

Title 15, Chapter 15.68 Building Security Regulations is hereby repealed as follows:

15.68.010Adoption of Uniform Building Security Code.

15.68.010Adoption of Uniform Building Security Code.

On July 13, 1999, there were filed in the office of the City Clerk three copies of the Uniform Building Security Code, 1997 Edition, as published by the International Conference of Building Officials. Said code is hereby incorporated in this code by reference.
(Prior code § 14-1300)

SECTION VIII. AMENDMENT OF CODE

Title 1, Chapter 1.32, Administrative Citations is hereby amended and shall be read as follows:

1.32.040 Appeal of Administrative Citation.

An appeal from the issuance of an administrative citation shall follow the procedures set forth in Chapter 1.44 or Chapter 15.04, as may be applicable.of this title. (Prior code § 1-056)

SECTION IX. AMENDMENT OF CODE

Title 15, Chapter 15.32 is hereby amended and shall be read as follows:

15.32.090 Appeals

Any person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Section 1.32.040. 1.44 or Chapter 15.04, as may be applicable.
(Prior code § 14-528; Ord. 009-08 C.S. § 2)
103

ATTACHMENT A
37 SECTION X. SEVERABILITY

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof.

The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION XI. EFFECTIVE DATE

This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: ______________

EFFECTIVE: _____________

_______________________

CHRISTINA FUGAZI
Mayor of the City of Stockton

ATTEST:

_________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
104
1 ORDINANCE NO. ______
AN O
RDINANCE AMENDING STOCKTON MUNICIPAL CODE TITLE 15, CHAPTERS

15.24 AND 15.28 OF THE STOCKTON MUNICIPAL CODE BY REPEALING AND REPLACING BOTH CHAPTERS WITH TITLE 15, CHAPTER 24, “PROPERTY MAINTENANCE CODE” BY ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE; AND AMENDING TITLE 15, CHAPTER 15.04; AND TITLE 15, CHAPTER 15.12; AND TITLE 15, CHAPTER 15.64; AND TITLE 15, CHAPTER 15.68; AND TITLE 1, CHAPTER 1.32, SECTION 1.32.040; AND 15.32, SECTION 15.32.090

TO COMPLY WITH STATE LAW AND CORRECT INCONSISTENCIES IN EXISTING CODE
BE I

T ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:

S
ECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds adopting the property maintenance standards, rules, and regulations established in the 2024 Edition of the International Property Maintenance Code, will adequately protect the health, safety, and welfare or the public and occupants and will better align with other existing adopted Codes and State Law, and shall be adopted and hereby incorporated by reference into the Stockton Municipal Code, Title 15, Chapter 15.24, and shall be known as the Property Maintenance Code.

T
he City Council also finds Stockton Municipal Code, Title 1, Chapter 1.32, Administrative Citations, Title 15, Chapter 15.04, Administrative Provisions for Construction Codes, Title 15, Chapter 15.32, Maintenan ce, Security, and Rehabilitation or Abandoned and Vacant Property, regarding appeal provisions, conflicts with the intent of State Law, and shall hereby be amended.

T
he City Council also finds , when Stockton Municipal Code, Title 15, Chapter

15.12, California Fire Code was adopted, an appendix within the code was mistakenly adopted, and shall herby be amended.

T
he City Council also finds , when Stockton Municipal Code, Title 15, Chapter

15.64, International Swimming Pool and Spa Code was adopted, an appendix within the code was mistakenly adopted, and shall hereby be amended.

S
ECTION II. AMENDMENT OF CODE
T
itle 15, Chapters 15.24 and 15.28 are hereby amended by repealing the entire Chapters as follows:

SEC
TION III. AMENDMENT OF CODE
105
2 T
itle 15, Chapters 15.24 “Housing Code” is hereby adopted and amended and shall read as follows:

CHAP
TER 15.24 PROPERTY MAINTENANCE CODE
A
rticle I. Administration
1 5.24.010 Adoption of International Property Maintenance Code.

On
April 4, 2025, there was filed in the office of the City Clerk, one (1) copy of the International Property Maintenance Code, 2024 Edition, as published by the International Code Council. Said code is hereby incorporated in this code by reference.

15. 24.020 Purpose.

T
he purpose of the code is to provide minimum maintenance standards for existing buildings including minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation, and fire safety. The International Property Maintenance Code provides for the regulation and safe use of existing structures and premises in the interest of public health, safety, and welfare.

15. 24.030 Amendments.

N
otwithstanding the provisions of Stockton Municipal Code, Section 15.24.010, the International Property Maintenance Code is amended as follows:

A. C
hapter 1, Section 101.1 “Title” is hereby amended and shall read as follows:

T
hese regulations shall be known as the Property Maintenance Code of City of Stockton, hereinafter referred to as “this code.”
B. C
hapter 1, Section 101.1.1 “Code official’ is hereby added and shall read as follows:

W
henever the term “code official” is used herein, it shall be construed to mean the Director, Community Development Department or the Deputy Director, Building and Safety Division or any duly delegated representative (or) Director as defined in Title 1 of the Stockton Municipal Code.

C. C
hapter 1, Section 102.3 “Application of other codes” is hereby amended and shall read as follows:

R
epairs, additions, or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Code, 106
3 California Existing Building Code, California Energy Code, California Fire Code, California Mechanical Code, California Plumbing Code, California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Stockton Municipal Code Title 16, Development Code.

D. C
hapter 1, Section 102.8 “Referenced codes and standards” is hereby amended and shall read as follows:

T
he codes and standards referenced in this code shall be those that are listed in Chapter 8 and Section 15.24.030C of the Stockton Municipal Code and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.8.1 and 102.8.2.

E
xception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.

E. C
hapter 1, Section 103 “Code compliance agency” is hereby amended and shall read as follows:

S
ection 103.1: Agency.

T
he Director, Community Development Department, or duly appointed designee, shall be the official in charge and shall be known as the code official. The function of the code official shall be the implementation, administration, and enforcement of the provisions of this code.

F. C
hapter 1, Section 106.1 “General” is hereby amended and shall read as follows:

I
n order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of the code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official.

E
xceptions: Appeals for the following Sections shall be heard in accordance with Stockton Municipal Code, Title 1, Chapter 1.44 ‘Administrative Hearings’:

S
ection 301.3: Vacant structures and land.

Section 302.1: Sanitation.

Section 302.3: Sidewalks and driveways.

Section 302.4: Weeds.

Section 302.5: Rodent Harborage.

Section 302.8: Motor vehicles.
107
4 S ection 302.9: Defacement of property.

Section 308 et seq.: Rubbish and garbage.

Section 309 et seq.: Pest elimination.

G. C
hapter 1, Section 107.2 “Notice of violation” is hereby amended and shall read as follows:

T
he code official shall serve a notice of violation or order in accordance with Title 1, Chapters 1.28 and 1.32 of the Stockton Municipal Code.

H. C
hapter 1, Section 107.3 “Prosecution of violation” is hereby amended and shall read as follows:

A
ny person failing to comply with a notice of violation or order served in accordance with Title 1 of the Stockton Municipal Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or t o require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Notwithstanding any of the remedies outlined above, whenever a person fails to comply with a notice of violation or order, the code official may use administrative remedies including but not limited to issuing administrative citations, notice and orders, and civil penalties.

I. C
hapter 1, Section 109.5 “Hazardous structure or premises” is hereby amended and shall read as follows:

F
or the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be hazardous:

1. A
ny door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.

2. T
he walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress.

3. A
ny building, structure or portion thereof that is dangerous.

4. T
he building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. Pursuant to Health and Safety Code, Sections 17920 and 17920.3, by definition, this shall include substandard buildings; which is any 108
5 building or portion thereof, including any building used for human habitation regardless of zoning designation or approved uses of the building, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, wherein there exists any conditions to an extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public and the same shall be deemed and hereby is declared to be a substandard building.

5. T
he building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act.

6. A
ny building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety.

7. A
building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. This shall include extensive visible mold growth, as determined by a health officer or a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.

8. A
ny building or structure, because of a lack of sufficient or proper fire- resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.

9. A
ny portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.

J. C
hapter 1, Section 109.4 “Notice” is hereby amended and shall read as follows:

W
henever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner 109
6 prescribed in Title 1 of the Stockton Municipal Code to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section.

K. C
hapter 1, Section 109.9 “Restoration or abatement” is hereby amended and shall read as follows:

T
he structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the California Existing Building Code. Pursuant to the California Health and Safety Code (HSC), Sections 17980(c)(2) and 17980(d), in deciding whether to require vacation of the building, or to repair as necessary, the City shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling and shall give full consideration to the needs for housing as expressed in the City’s housing element and, if the City determines that a building or portion thereof is substandard under this section based solely on the building or portion thereof being illegally occupied, the City shall not commence court proceedings to abate the violation by repair if all of the following conditions are met:

A. T
he owner declares under penalty of perjury that the occupant is illegally occupying the building.

B. The owner filed and is diligently prosecuting an unlawful detainer action against the occupant, or the occupant is being removed pursuant to Section 602 of the Penal Code.

C. The City determines the building poses no risk to tenants, nearby residents, or the public.

L. C
hapter 1, Section 110.6 “Hearing” is hereby amended and shall read as follows:

A
ny person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, in accordance with Section 106 shall be afforded a hearing as described therein.

M. C
hapter 2, Section 201.3, “Terms defined in other codes” is hereby amended and shall read as follows:

W
here terms are not defined in this code and are defined in the California Building Code, California Existing Building Code, California Fire Code , California Mechanical Code, California Plumbing Code, California Residential Code, Stockton Municipal Code, 110
7 Title 16, Development Code or California Electrical Code, California Historical Building Code, California Green Building Standards Code and International Swimming Pool and Spa Code such terms shall have the meanings ascribed to them as stated in those codes.

N. C
hapter 2, Section 202 “General definitions” is hereby amended, and the following definition shall be added:

HE
ALTH OFFICER. The legally designated head of the County Department of Health or the designated Health Official of the City of Stockton.

O. C
hapter 3, Section 301.2 “Responsibility” is hereby amended and shall read as follows:

Th
e owner of the premises shall maintain the structures and exterior property in compliance with these requirements and the code under which the building was constructed, except as otherwise provided for in this code. The owner or owner’s agent shall be responsible to ensure that any repairs, additions or alterations to the building or portion thereof are performed or constructed in accordance with the California Building Code, California Residential Code or California Existing Building Code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. The owner and occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for not allowing any condition to exist upon the property, or within the structure, any nuisance that may be determined to affect the safety or well-being of the general public.

P. C
hapter 3, Section 304.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

T
he following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:

Q. C
hapter 3, Section 304.14 “Insect screens” is hereby amended and shall read as follows:

Ever
y door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

E
xception: Screens shall not be required where other approved means, such as air 111
8 curtains or insect repellent fans, are employed.

R. C
hapter 3, Section 305.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

T
he following conditions shall be considered to be potentially unsafe, shall be assessed and shall be addressed in compliance with the California Existing Building Code, the California Residential Code, or the California Building Code:

S. C
hapter 3, Section 306.1.1 “Potentially unsafe conditions” is hereby amended and shall read as follows:

W
here any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be considered to be unsafe and shall be addressed in compliance with the California Existing Building Code, the California Residential Code or the California Building Code:

T. C
hapter 4, Section 401.3 “Alternative Devices” is hereby amended and shall read as follows:

I
n lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code shall be permitted.

U. C
hapter 5, Section 502.5 “Public toilet facilities” is hereby amended, respectively and shall read as follows:

P
ublic toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises.

V. C
hapter 5, Section 505.1 “Abandonment of systems” is hereby amended and shall read as follows:

E
very sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code.

W. C
hapter 6, Section 602.2 “Residential occupancies” is hereby amended and shall read as follows:

Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the 112
9 California Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

The installation of one or more portable space heaters shall not be used to achieve compliance with this section.

X. C hapter 6, Section 602.3 “Heat supply” is hereby amended and shall read as follows:

E
very owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 65°F (18°C) in all habitable rooms, bathrooms and toilet rooms.

Y. C
hapter 6, Section 602.4 “Occupiable workspaces” is hereby amended and shall read as follows:

I
ndoor occupiable work spaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

E
xceptions:

1. P
rocessing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

Z. C
hapter 6, Section 604.2, “Service” is hereby amended and shall read as follows:

T
he size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with California Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes.

AA.

Chapter 6, Section 604.3.1.1 “Electrical equipment” is hereby amended and shall read as follows:

E
lectrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motor s and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Building Code.

E
xception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that 113
1 0
requires replacement:

1. E
nclosed switches, rated not more than 600 volts or less.

2. B
usway, rated not more than 600 volts.

3. P
anelboards, rated not more than 600 volts.

4. S
witchboards, rated not more than 600 volts.

5. F
ire pump controllers, rated not more than 600 volts.

6. M
anual and magnetic motor controllers.

7. M
otor control centers.

8. A
lternating current high-voltage circuit breakers.

9. Lo
w-voltage power circuit breakers.

10. P
rotective relays, meters and current transformers.

11. Low- an
d medium-voltage switchgear.

12. Li
quid-filled transformers.

13. C
ast-resin transformers.

14. W
ire or cable that is suitable for wet locations and whose ends have not been exposed to water.

15. W
ire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water.

16. Luminaires that are listed as submersible.

17. Mo
tors.

18. E
lectronic control, signaling and communication equipment.

BB. 604.3.2.1 “Electrical equipment” is hereby amended and shall read as follows:

E
lectrical switches, receptacles and fixtures, including furnace, water heating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code. 114
1 1
Exception:

E
lectrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement.

CC. C
hapter 7, Section 702.3 “Locked doors” is hereby amended and shall read as follows:

M
eans of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Building Code.

DD. C
hapter 7, Section 703.7 “Vertical shafts” is hereby amended and shall read as follows:

I
nterior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the California Fire Code. New floor openings in existing buildings shall comply with the California Building Code.

EE. C
hapter 7, Section 704.1 “Inspection, testing and maintenance” is hereby amended and shall read as follows:

F
ire protection and life safety systems shall be maintained in accordance with the California Fire Code in an operative condition at all times, and shall be replaced or repaired where defective.

FF. C
hapter 7, Section 704.1.1 “Fire protection and life safety systems” is hereby amended and shall read as follows:

F
ire protection and life safety systems shall be installed, repaired, operated and maintained in accordance with this code the California Fire Code and the California Building Code.

GG. C
hapter 7, Section “Required fire protection and life safety systems” is hereby amended and shall read as follows:

F
ire protection and life safety systems required by this code, the California Fire Code or the California Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection and life safety system for which a design option, exception or reduction to the provisions of this code, the California Fire Code or the California Building Code has been granted shall be considered to be a required system.
115
1 2
HH. Chapter 7, Section 704.1.3 “Fire protection systems” is hereby amended and shall read as follows:

F
ire protection systems shall be inspected, maintained and tested in accordance with the following California Fire Code requirements.

1. A
utomatic sprinkler systems, see Section 903.5.

2. A
utomatic fire -extinguishing systems protecting commercial cooking systems, see Section 904.14.5.

3. A
utomatic water mist extinguishing systems, see Section 904.11.3.

4. C
arbon dioxide extinguishing systems, see Section 904.8.

5. C
arbon monoxide alarms and carbon monoxide detection systems, see Section 915.6.

6. Cle
an-agent extinguishing systems, see Section 904.10.

7. D
ry-chemical extinguishing systems, see Section 904.6.

8. F
ire alarm and fire detection systems, see Section 907.8.

9. F
ire department connections, see Sections 912.4 and 912.7.

10. F
ire pumps, see Section 913.5.

11. F
oam extinguishing systems, see Section 904.7.

12. H
alon extinguishing systems, see Section 904.9.

13. S
ingle- and multiple-station smoke alarms, see Section 907.2.9.2.

14. S
moke and heat vents and mechanical smoke removal systems, see Section 910.5.

15. S
moke control systems, see Section 909.22.

16. W
et-chemical extinguishing systems, see Section 904.5.

17. D
uct and air transfer openings, see Section 706.1.

II. C
hapter 7, Section 704.2.1 “Records” is hereby amended and shall read as follows:
116
1 3
Records shall be maintained of all system inspections, tests and maintenance in accordance with Section 109.3 of the California Fire Code.

JJ. C
hapter 7, Section 704.3 “Systems out of service” is hereby amended and shall read as follows:

W
here a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901.7 of the California Fire Code to bring the systems back in service.

E
xception: Facilities with an approved notification and impairment management program. The notification and impairment program for water -based fire protection systems shall comply with NFPA 25.

KK. C
hapter 7, Section 704.3.1 “Emergency impairments”
W
here unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the California Fire Code.

LL. C
hapter 7, Section 704.4.2 “Removal of existing occupant -use hose lines” is hereby amended and shall read as follows:

T
he fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply:

1. T
he installation is not required by the California Fire Code or the California Building Code.

2. T
he hose line would not be utilized by trained personnel or the fire department.

3.T
he remaining outlets are compatible with local fire department fittings.

MM. C
hapter 7, Section 704.4.3 “Termination of monitoring service” is hereby amended and shall read as follows:

F
or fire alarm systems required to be monitored by the California Fire Code, notice shall be made to the fire code official whenever alarm monitoring services are terminated.

Notice shall be made in writing by the provider of the monitoring service being terminated. 117
1 4
NN. C
hapter 7, Section 704.5.1 “Fire department connection access” is hereby amended and shall read as follows:

R
eady access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object.

Access to fire department connections shall be approved by the fire chief.

E
xception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.5 of the California Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times.

OO. C
hapter 7, Section 704.6.4 “Smoke detection system” is hereby amended and shall read as follows:

S
moke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple- station smoke alarms and shall comply with the following:

1. The fire alarm system shall comply with all applicable requirements in Section 907 of the California Fire Code.

2. A
ctivation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the California Fire Code.

3. A
ctivation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the California Fire Code.

PP. C
hapter 7, Section 705.1 “General” is hereby amended and shall be read as follows:

C
arbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the California Residential Code shall be installed in accordance with Section R311 of that code.
1 5.24.040 Repair and demolition fund - report
A. G
eneral. The City Council shall establish a repair revolving fund to be designated as the Repair and Demolition Fund. Payments shall be made out of said fund upon the demand of the Building Official to defray the costs and expenses which may be incurred by the City in doing or causing to be done the necessary work of repair or 118
1 5
demolition of dangerous buildings.

B. M
aintenance of Fund. The Council may at any time transfer to the Repair and Demolition Fund, out of any money in the General Fund of the City, such sums as it may deem necessary in order to expedite the performance of the work of repair or demolition, and any sum so transferred shall be deemed a loan to the Repair and Demolition Fund and shall be repaid out of the proceeds of the collections hereinafter provided for. All funds collected under the proceedings hereinafter provided for shall be paid to the City Treasurer who shall credit the same to Repair and Demolition Funds.

C. A
ccount of Expenses - Report. The Director shall keep an itemized account of the expense incurred by the City in the repair or demolition of any building done pursuant to this Code. Upon the completion of the work or repair or demolition, said Director shall prepare and file a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice.

A
rticle II. Securing of Unsafe Buildings

15. 24.050 Existence of unsecured buildings—A public nuisance.

It is hereby found and expressly declared that the existence of an unsecured building within the City is a public nuisance and dangerous to the health and safety of the inhabitants of said City. An unsecured building is hereby defined and when so designated by the code official as any unoccupied house, garage, building or any other structure which is unoccupied and into which free entry may be made through the existence of any unsecured opening, including broken and unboarded windows and doorways.

15. 24.060 Unlawful not to secure after notice.

A. I
t is unlawful for any owner, agent, lessee or person having charge or control of any unsecured building within the City of Stockton to refuse or neglect to secure said building hereinbefore declared to be a public nuisance within a period of ten (10) days after such owner, agent, lessee or other person above described has been given notice as provided in Stockton Municipal Code, Title 1, Chapter 1.24 et seq., or Chapter 1.28 et seq., or Chapter 1.32 et seq., which shall order that the building be secured and the public nuisance thereby abated. Said Notice shall order that the building be secured pursuant to Stockton Municipal Code, Title 15, Chapter 15.32, or in a manner approved by the code official. Any person entitled to appeal a securing action by the City may appeal the Notice or any action of the code official specific to the securing action, by requesting an Administrative Hearing in accordance with Stockton Municipal Code, Title 1, Chapter

1.44. 15.

24.070 Securing by City after ten-day period.

In the event such owner, agent, lessee or other person having charge or control of 119
1 6
an unsecured building fails, refuses, or neglects within said 10- day period to secure an unsecured building in accordance to the provisions of Chapter 15.32.050 or as approved by the Building Official, hereinbefore declared to be a public nuisance, then the City may cause said building to be secured and the cost of such work shall be paid forthwith by such owner, agent, lessee or other person.

15. 24.080 Liability for cost of work.

Liability to the City for the cost of securing said building shall attach only to the person who was the owner, agent, lessee or person having charge or control of the building at the time the work was done by the City; provided, however, that this chapter shall not be construed to impair any lien which shall exist under Stockton Municipal Code, Section 15.24.130.

15. 24.090 Repair by City—Record of costs.

In the event that the securing of any such unsecured building hereinbefore declared to be a public nuisance is done by the City, the code official or designated agent shall compute from records the costs of work done attributable to the premises on which the building is situated. The director code official shall then cause notice of said cost to be given in the manner specified herein for the giving of notice to secure, which notice shall specify the day, hour, and place when the hearing before the Administrative Hearing Officer concerning the cost of securing together with any objection or protests, if any, which may be raised by any person liable to be assessed for the cost of such securing.

Any other interested person may be heard.

15. 24.100 Appeal of cost of securing
A
ny person entitled to appeal the cost of securing by the City may appeal the cost by requesting an Administrative Hearing pursuant to Stockton Municipal Code, Title 1, Chapter 1.44.

15. 24.110 Report—Contents—Filing.

In the event that the securing of such buildings is done by the City, the City Manager or designated agent shall prepare and file a report specifying the work which has been done, its cost, a description of the building on which the work was done, a description of the real property upon which the work was done and the assessment against each lot, parcel or premises of land to be levied to pay the costs thereof. Any such report may include work done on any number of parcels whether contiguous to each other or not.

15. 24.120 Assessment of costs—Time for payment—Failure to pay lien.

The costs of the securing of said buildings may be assessed by the Administrative Hearing Officer against the parcel of property upon which such work was done, and such 120
1 7
costs so assessed, if not paid within five (5) days after its confirmation by the Administrative Hearing Officer, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien s hall continue until the assessment, and all interest thereon is paid, or until it is discharged off record.

15. 24.130 Cost of securing to constitute special assessment.

Five (5) days after confirmation of said report, a copy shall be turned over to the Assessor and the Tax Collector of the City, whereupon it shall be the duty of said officer to add the amounts of the respective unpaid assessments to the next re gular bills for taxes levied against the said respective lots and parcels of land for municipal purposes.

Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

15. 24.140 Cancellation or refund of special assessment.

All or any portion of the special assessment herein mentioned shall be canceled, or if collected, be refunded by the Director of Finance pursuant to such procedures as may be adopted from time to time by resolution of the City Council, and subject to any limitations which may be imposed by any such resolution.

15. 24.150 Right of entry.

It is unlawful for any person, owner, agent, lessee, or person having charge or control of an unsecured building to refuse to allow representatives of the City to enter upon any property between 6:00 a.m. and 8:00 6:00 p.m. where any public nuisance as defined in Stockton Municipal Code, Section 15.24.050 hereof is reasonably believed to exist, for the purpose of inspection, and where such nuisance exists, for the purpose of securing same as provided in Stockton Municipal Code, Section 15.32., af ter notice has been given in accordance with Stockton Municipal Code, Title 1, Chapter 1.24, or Chapter

1.28, or Chapter 1.32, or to interfere with said representatives of the City in any manner whatsoever in the securing of said nuisances. If the section or any portion thereof is held to be invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not effect the validity of Stockton Municipal Code, Sections 15.24.050 through 15.24. 140.

15. 24.160 Repayment of repair and demolition fund
A
ll money recovered by payment of the charge, or assessment, or from the sale of the property at foreclosure sale, shall be paid to the treasurer of this jurisdiction, who shall credit the same to the repair and demolition fund.

SECTION IV. AMENDMENT OF CODE
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T
itle 15, Chapter 15.04, Administrative Provisions for Construction Codes, Article II, Organization and Enforcement, is hereby adopted and amended and shall be read as follows:
1 5.04.140 Building Board of Appeals.

A. I
n order to hear and decide appeals of orders, decisions or determinations made by the building official and/or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure.

E
xception: Pursuant to the California Historical Building Code, Title 24, this Chapter does not pertain to structures and premises which are designated as qualified historical buildings or properties.

B. N
otwithstanding any other provisions of this code, this article shall govern the organization and administration of the Building Board of Appeals.

15. 04.150 Definitions.

U
nless the context otherwise requires, the article set forth in this chapter govern the construction of this article.
"B
oard" means the Building Board of Appeals.
“
Building Code Official” means the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. "
Code" means Stockton Municipal Code Title 15, and any adopted provisions of the California Building Code, California Fire Code, International Property Maintenance Code, California Existing Building Code, International Swimming Pool and Spa Code, California Green Building Standards Code, California Energy Code, California Plumbing Code, California Mechanical Code, California Electric Code, and any other code or regulation hereinafter adopted by the City in furtherance of the provisions hereof. “
Fire Code Official” means the fire chief or other designated authority charged with the administration and enforcement of the Fire Code, or a duly authorized representative. "
Member" means a member of the Building Board of Appeals.

15. 04.160 Organization and membership.

A. T
he Building Board of Appeals shall be comprised of five members, of which 122
1 9
one will be a resident of the lay community, appointed by the Mayor with the advice and consent of the City Council. The Mayor with the advice and consent of the City Council may also appoint two alternate members to the Board. The Deputy Director of the Community Development Department/Building and Safety Division shall serve as ex officio secretary of the Board but shall not vote. The members of the Board shall be qualified by experience and training to pass on matters pertaining to building construction, hazards of fire, or fire protection systems, and shall not be employees of the City of Stockton.

B. T
he term of office for each member shall be four years. Vacancies occurring during a term shall be filled for the unexpired period of the term by the Mayor with the approval of the City Council. Terms shall be staggered to provide continuity.

A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.

C. B
oard members shall be residents of San Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.

D. A
member shall be neither an elected officer nor an employee of the City, but shall not be disqualified by membership on, or employment by, any other Board, commission, agency or authority of, or created by or for the City.

E. N
o member shall knowingly acquire any interest in any property which is the subject of any action or appeal before the Board. A member having any interest in property which is the subject of an action or appeal before the Board shall make immediate disclosure of the fact of an interest to the Board, and the member shall be disqualified from all deliberations by the Board relating to that property.

F. T
he Board shall elect a chairperson from among its members. The term of office of the chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place, and frequency of its meetings shall be fixed by the Board.

G. A
majority of the total number of members appointed to the Board, excluding alternates, shall constitute a quorum at any regular or special meeting of the Board. The chairperson of the Board is authorized to fill a vacant seat of an absent member of the Board with an alternate member, only at the 123
2 0
commencement of a hearing of the appeal, and the alternate member shall then hear the entirety of the appeal upon being seated on the Board.

H. T
he minimum number of concurring votes required to transact business or decide any matter before the Board shall be a majority of the total authorized membership of the Board excluding alternates. The petition, appeal, request, or other matter shall be deemed denied absent the required number of votes.

I. C
ompensation of members shall be determined by law or as established by resolution of the City Council from time to time.

J. T
he City shall furnish to the Board adequate secretarial, executive, and legal assistance, meeting space, and upon the Board's request, make available service and advice of the administrative departments.

15. 04.170 Powers and duties.

T
he Board's function is:

A. T
o hear appeals of decisions or determinations made by the building code official or fire code official relative to the application and interpretation of this code and from aggrieved parties relative to the application of the California Code of Regulations, Title 24, and other related Codes and regulations as adopted by the City.

N
otwithstanding any other provisions of this code, the Board, whenever there are practical difficulties involved in carrying out the provisions of the above- mentioned model codes or related regulations of the City, may grant modifications for individual cases, provided it shall first find that a special individual reason makes compliance with the strict letter of these codes and regulations impractical and that the modification is in conformity with their intent and purpose. The Board shall not have authority to waive the requirements of this code or interpret the administration of this code.

B. C
onduct of Appeals.

1. T
he Board shall exercise its powers in such a manner that substantial justice is done most nearly in accord with the intent and purpose of this code, the California Code of Regulations, Title 24, and related regulations of the City of Stockton to provide relief where possible to aggrieved parties which is consistent with the security of the public welfare.

2. T
he Board shall adopt rules of procedure for the conduct of appeals, make provisions for adequate notice of hearing to all parties, provide for public hearing of all appeals to be commenced not less than 10 nor more 124
2 1
than 45 days from the date of filing of the petition for appeal, record minutes of all its proceedings, and provide copies of such minutes for inspection as a public record.

3. T
he Board shall hear appeals as soon as is possible in those cases where the enforcing officer has acted under the emergency provisions of Section 15.04.120(I) of this code.

C. P
rocedure on Petition for Hearing of Appeals.

1. U
pon filing of the petition, the Secretary shall set the matter on the agenda for consideration by the Board.

2. N
otice in writing of not less than seven days shall be given the applicant or petitioner specifying the time and place of the hearing. In an emergency situation, notice shall be given as soon as possible before the date of the hearing.

3. A
t the hearing, the petitioner shall be given an opportunity to be heard and present witnesses and any other evidence to support the petitioner's request.

4. A
ny notice which is not appealed within 10 days of the date of service shall automatically become an order and a permit suspended by a notice not appealed within 10 days of service is deemed revoked.

5. I
f the Board sustains or modifies a notice, determination, or action which has been appealed, a notice shall become an order and any other determination or action shall be final.

D. De
cisions.

1. N
o later than 30 days after hearing, the Board shall formally report its findings of fact and, together with the reasons, its decision in writing. The Board may sustain, modify, withdraw, or reverse any notice, determination, decision, or action which has been appealed.

2. T
he findings shall order the petition or application either granted or denied and specify any conditions of limitations imposed.

3. A
copy of the findings and decisions shall be forwarded to the petitioner or the petitioner's representative at the address shown upon the petition on file within 30 days of the issuance of the findings.

E. A
copy of the report shall be forwarded to the administrative office whose decision has been appealed.
125
2 2
F. T
he Board shall file the original of its findings in its permanent records.

G. T
he findings and decisions of the Board upon an appeal shall be final and conclusive, but nothing in this code shall be construed to deprive any person of recourse to the courts as such person may be entitled to under the law.

15. 04.180 Right of appeal.

A
ny person aggrieved by any notice or administrative decision concerning the decisions or determinations made by the building code official and/or fire code official relative to the application and interpretation of this code and the use of alternative building materials may request a hearing on the matter before the Building Board of Appeals by filing in the office of the Community Development Department a written petition setting forth a brief statement of the grounds of protest within 10 days from the date the notice was served or the decision, determination, or order was rendered. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. Upon receipt of the petition, the Building Official shall forward the petition forthwith to the Board who shall set a time and place for the hearing giving the petitioner notice thereof by mail of not less than seven days. At such hearing, the petitioner shall be given an opportunity to be heard and to show cause why such notice, order, decision, or determination shall be modified or withdrawn. The hearing shall be commenced not less than 10 or more than 45 days from the date the petition is filed.

ART
ICLE III Accessibility Access Board of Appeals

15. 04.200 Accessibility Board of Appeals.

Th
e Accessibility Board of Appeals is hereby created pursuant to Health and Safety Code Section 19957.5 to hear written appeals brought by any person regarding action taken by the Building Division of the Community Development Department of the City in enforcing the requirements of Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code requiring access to public accommodations by physically disabled persons, including the exceptions contained in Section 19957.

15. 04.210 Definitions.

F
or purposes of this article, the following words and phrases are defined:
"Board" means the Accessibility Board of Appeals.
"
Building Official" means the Director of Community Development, or the Deputy Director in charge of the Building and Safety Division, or a duly authorized 126
2 3
representative.
"
Member" means a member of the Accessibility Board of Appeals.

15. 04.220 Organization and membership.

A. T
he Accessibility Board of Appeals shall be comprised of five members appointed by the Mayor with the advice and consent of the City Council. The Deputy Director of Community Development/ Building Division shall serve as ex officio secretary to the Board.

1. T
wo members shall be disabled persons suffering from an orthopedic or physical disability which impairs their personal mobility to such an extent that they require special facilities for access to public accommodations.

2. Two members shall be members of the Building Board of Appeals experienced in construction, i.e., those members appointed pursuant to Section 15.04.160.

3. One member shall be a public member selected from the community at large.

B. The term of office for each member shall be four years. Vacancies occurring during a t
erm shall be filled for the unexpired period of the term by the appointing authority.

Terms shall be staggered to provide continuity.

M
embers shall serve at the pleasure of the City Council and may be removed from office without cause upon an affirmative vote of the City Council. A member shall be removed from the Board prior to the end of their terms only for cause. Any member with continued absence from regular meeting of the Board may be removed at the discretion of the chief appointing authority consistent with Council Policy 3.03 Attendance Policy for Appointees. A member may remove themselves from the Board without cause. Upon removal from the Board, an alternate member may be appointed by the chief appointing authority to replace the removed member.

I
n the event membership on the Building Board of Appeals of a member appointed under subsection (A)(2) of this section terminates for any reason, membership on the Accessibility Board of Appeals shall automatically terminate and another member of the Building Board of Appeals shall immediately be appointed to fill such unexpired term.

C. Board members shall be residents of S an Joaquin County at the time of application for appointment and continuously thereafter. Failure to reside within the County shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk. Any unexpired term shall be filled as provided herein.

D. A member shall be neither an elected officer nor an employee of the City, but shall not
be disqualified by membership on or employment by any other board, commission, agency or authority of or created by or for the City. 127
2 4
E. No member shall knowingly acquire any interest in any property which is the subject of
any action or appeal before the Board. A member having any interest in such property shall make immediate disclosure of the fact of an interest to the Board, and shall be disqualified from all deliberations by the Board relating to that property.

F. The Board shall elect a chairperson from among its members. The term of office of t
he chairperson shall be for the calendar year or its balance should they be elected to fill a vacancy. The time, place and frequency of its meetings shall be fixed by the Board.

G. Three members of the Board including at least one disabled m ember shall constitute a quorum at any regular or special meeting of the Board.

H. The minimum number of concurring votes required to transact business or decide any
matter before the Board shall be a majority of the total authorized membership of the Board. The petition, appeal, request or other matter shall be deemed denied absent the required number of votes.

I. Compensation of the members shall be determined by law or as es tablished by resolution of the City Council from time to time.

J. The City shall furnish to the Board adequate secretarial, an d executive, and legal assistance and meeting space and, upon the Board's request, make available services and advice of various administrative departments.

S

ECTION V AMENDMENT OF CODE
T
itle 15, Chapter 15.12, Fire Code is hereby amended and shall read as follows:
1 5.12.010 Adoption of California Fire Code.

O
n January 1, 2023, there was filed in the office of the City Clerk one copy of the California Fire Code, 2022 Edition including Appendix B, BB, C, CC, D, E, F, G, H, I, J, K, L, M, N, O, P (see California Fire Code Section 101.2.1, 2022 Edition), as published by the International Code Council. Said code is hereby adopted and incorporated in this code by reference, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the office of the City of Stockton and hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions, and changes, if any, prescribed in this chapter.
128
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SECTION VI. AMENDMENT OF CODE
T
itle 15, Chapter 15.64.010 is hereby amended and shall read as follows:

15. 64.010 Adoption of the International Swimming Pool and Spa Code.

O
n January 1, 2023, there were filed in the office of the City Clerk, one copy of the International Swimming Pool and Spa Code, 2021 Edition excluding Appendix A, as published by the International Code Council. Said code is hereby incorporated in this code by reference.

S
ECTION VII. AMENDMENT OF CODE
T
itle 15, Chapter 15.68 Building Security Regulations is hereby repealed as follows:

S
ECTION VIII. AMENDMENT OF CODE
T
itle 1, Chapter 1.32, Administrative Citations is hereby amended and shall be read as follows:

1. 32.040 Appeal of Administrative Citation.

A
n appeal from the issuance of an administrative citation shall follow the procedures set forth in Chapter 1.44 or Chapter 15.04, as may be applicable..

SECTION IX. AMENDMENT OF CODE
T
itle 15, Chapter 15.32 is hereby amended and shall be read as follows:

15. 32.090 Appeals
A
ny person aggrieved by any of the requirements of this chapter may appeal, in accordance with the provisions of Section . 1.44 or Chapter 15.04, as may be applicable.

S
ECTION X. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affec t the validity or effectiveness of the remaining portions of this article or any part thereof.

The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact 129
2 6
that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION XI. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: ______________
EFFECTIVE: _____________
_ ______________________

CHRI STINA FUGAZI
M ayor of the City of Stockton
ATTEST:
_________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
130
City of Stockton
Legislation Text
File #: 25-0065, Version: 1

APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR

PROFESSIONAL TREE SERVICES FOR STOCKTON URBAN FOREST INVENTORY

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

2. Award a Professional Services Contract to West Coast Arborist, Inc. of Anaheim, CA, in the amount of $600,000, for Professional Tree Services for Stockton Urban Forest Inventory, Project No. OM-24-085/WE22052.

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 Public Works Department manages the City’s inventory of trees. An accurate inventory and health assessment of the City’s tree canopy is essential in developing a sustainable urban forestry plan. The location of City trees is identified on a Geographic Information System (GIS) layer and tracked within Cityworks, the computerized maintenance management system utilized by Public Works.

On August 5, 2024, the City advertised a Request for Proposals (RFP) for Professional Tree Services for Stockton Urban Forest Inventory, Project No. OM-24-085/WE22052. On August 28, 2024, four firms submitted proposals for this project. The Selection Committee evaluated the proposals and found West Coast Arborist, Inc. of Anaheim, CA, to be the most qualified and highest ranked firm.

Work is expected to begin in spring 2025 and be completed in fall of 2025, weather permitting.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $600,000, with West Coast Arborist, Inc. for Professional Tree Services for the Stockton Urban Forest Inventory, Project No. OM-24- 085/WE22052 (Attachment A).

City of Stockton Printed on 2/25/2025Page 1 of 3
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File #: 25-0065, Version: 1

DISCUSSION
Background
In 2013, the City conducted an inventory count of park and street trees. The inventory identified approximately 99,000 trees. Since this assessment, new neighborhoods have been built, and trees have been planted and removed.

The inventory has not been updated in over 12 years, and there is a need to assess the location, health, and size of all City trees. The inventory will include all trees in areas identified by the City, cataloging individual tree attributes as defined by CalFire, and the City’s desired data set. It will also identify dead, dying, diseased trees, young trees, and current health and maintenance needs. A complete tree inventory will help facilitate workload management, budgeting, public safety, and proactive maintenance of the urban forest. Additionally, with an accurate health assessment of City trees, Public Works can develop a comprehensive Citywide urban forestry plan to include recommendations and budgeting for disease spraying, pruning, and a replanting plan.

Present Situation
On August 5, 2024, the City advertised an RFP for Professional Tree Services for Stockton Urban Forest Inventory, Project No. OM-24-085/WE22052. On August 28, 2024, four proposals were received from the following:
· Davey Resource Group, Inc. (Kent, OH)
· Dudek, Inc. (Encinitas, CA)
· PlanIT Geo, Inc. (Wheat Ridge, CO)
· West Coast Arborists (Anaheim, CA)
The Selection Committee, comprised of IT and Public Works staff, evaluated and ranked all proposals based on each firm’s experience, references, quality of work, qualifications of staff, ability to meet the City’s required response times, ability to integrate with Cityworks, and cost.

The Selection Committee conducted interviews with Dudek, Inc. and West Coast Arborist, Inc., as they received the highest scores. West Coast Arborist, Inc. of Anaheim, CA, was selected as the most qualified contractor to perform the work.

It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $600,000, to West Coast Arborist, Inc. for Professional Tree Services for Stockton Urban Forest Inventory, Project No. OM-24-085/WE22052 (Attachment A).

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which City of Stockton Printed on 2/25/2025Page 2 of 3
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File #: 25-0065, Version: 1
support an exception to the competitive bidding process. These findings include:

1. The City does not have sufficient staff and expertise to complete this project.

2. The scope of the tree services requires an experienced, qualified, and certified firm that specializes in urban forestry.

3. Stockton Urban Forest Inventory requires a qualified contractor who can successfully provide a GIS database and an International Society of Arboriculture certified team.

4. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure the selection of a vendor that will provide the highest quality professional service, which is in the public interest.

5. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
There are sufficient funds in the Citywide Tree Maintenance, Project No. WE22052, to award a Professional Services Contract in the amount of $600,000 to West Coast Arborist, Inc. of Anaheim, CA, for Professional Tree Services for Stockton Urban Forest Inventory, Project No. OM-24- 085/WE22052.

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 - Professional Services Contract with West Coast Arborist, Inc.

City of Stockton Printed on 2/25/2025Page 3 of 3
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(Updated 03/05/2024)

PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF S TOCKTON, a municipal corporation ( “City”), and WEST CO AST ARBO RISTS, INC. whose address is 2200 E. VIA BURTON STREET, ANAHEIM, CA 92806 (“Consultant”) for the

PROFESSIONAL TREE SERVICES FOR STOCKTON URBAN FOREST INVENTORY (PROJECT NO. OM-24-085/WE22052), hereinafter referred to as "Project".

RECITALS
A. Consultant represent
s that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. City finds it
necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions in this Contract, Cit y and Consultant agree as follows:

1. SCOPE OF SERVI CES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A .

Consultant shall provide said services at the time, place, and in the manner specified in Exhibit B and compatible with the standards of the profession. Consultant agrees that it shall produce a full
y complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant f or servi ces outlined in Exhibit A accor
ding to the fee no t to exceed the schedule detailed in Exhibit C, which is attached to this C
ontr
act and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishi ng all st affing and materials called for i n the scope o f services. The p ayments shall be m ade o n a m onthly basi s upon receipt an d approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $600,000
or as otherwise mutually agreed to in a Contract Amendment.

3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set fort h in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.

4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of St
ockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the perfor
mance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Professional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052

ATTACHMENT A
134
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
Stoc
kton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5. SCHEDUL
E AND TERM . Cons ultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on December 31, 2026, unless extended by mutual agreement through the issuance of a Contract Amendment.

A. Invoi
ces
submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.

B. Upon co
mpletion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

6. CONFO
RMANCE TO APPLICABLE LAWS. Consult ant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

A. TITLE
VI
Tit
le VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil- rights-act-of-1964
The Ci
ty of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

B. DISCRI

MINATION AND HARASSMENT POLICY
The Ci
ty of Stockton has a Discrimination and Harassment Policy ( Exhibit E).

The purpose of this policy is to reaffirm the C ity’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment,

ATTACHMENT A
135
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
incl
uding sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

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

ING WAGE RATES
Consul
tant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime C onsultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The C
onsultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Consultant shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should t
he C ons
ultant choose to work on a Saturday, Sunday or on a
holiday recognized by the Labor Unions, the Consultant shall reimburse the City the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract.

Should such work be undertaken at the request of the C ity, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to C ity the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under Consultant, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and

ATTACHMENT A
136
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
who is
not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure that the prime and each subcontractor will, in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention: Contract Compliance Officer. It shall be the Consultant’s responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code. iv. APPREN
TICESHIP STANDARDS - The Consultant shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

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

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

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

9. OWNE
RSHIP OF WORK. All r eports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all

ATTACHMENT A
137
Pr
ofessional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
copy
rightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consu ltant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be us ed for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.

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

11. TE
RMINATION. The C ity may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.

12. CONS
ULTANT STATUS. In perf orming the obligations set forth in this Contract, Consultant shall have the status of an independent c ontractor and Consul tant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City.

Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant. The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

A. If
in t
he performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant. i. It
is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As
an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based

ATTACHMENT A
138
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
upon any
contention by any third party that employer-employee relationship exists by reason of this Contract.

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

14. HEADING
S NOT CONTROLLING. Headings us ed in the Contract are for reference purposes only and shall not be considered in construing this Contract.

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

To Cons
ult
ant: West Coast Arborists, Inc. To City: Public Works Director 2200 E. Via Burton St. City of Stockton
Anaheim, CA 92806 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

16. LICE
NSES, CE RTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

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

Consul
ta
nt agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant agrees to provide City or its delegate with any relevant information requested, and shall permit City or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFI
DENTIALITY. Consult ant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFL
ICTS OF INTEREST. Consult ant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance

ATTACHMENT A
139
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
of Cons
ultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

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

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

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

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

Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

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

25. THIRD P
ARTY RIGHTS. Nothin g in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant. //
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ATTACHMENT A
140

ATTACHMENT A

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

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

CITY OF STOCKTON
By: ____________ _

STEVE COLANGELO,

INTERIM CITY MANAGER
ATTEST:

BY: --------------

KA THERINE ROLAND, CMC, CPMC

CITY CLERK
APPROVED AS TO FORM:

BY: -------------

DEPUTY CITY ATTORNEY
By: __ -11------1L.....:µ.___,1-------­
Signature
Print Name
Title: President
Professional Services Contract - WEST COAST ARBORISTS, INC. - PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)

141

SCOPE OF WORK
A GIS-based
, mapped tree inventory will be performed to collect tree data and various site attributes. The Consultant will provide the City with the required information in a GIS database format that can be imported into a computer software program specifically designed to run urban forest tree management data based on a GPS location associated with the City’s current horizontal coordinates. The inventory data shall be retained in CSV and the Consultant's software on secure remote servers. Files will contain metadata references and be able to be projected to desired coordinates. Data export shall be free.

The consul
tant shall use an ISA -certified team to collect inventory data. The consultant shall be available for meetings with the City every 2 weeks during the project.

A co
mprehensive inventory of all streets, park, and other trees identified by the City or on city- owned properties shall include a.) Street Trees, b.) Trees in City Parks, c.) Open Space Trees, d.) Trees on other City-owned property, e.) Private Trees in ROW, f.) Other trees identified by the City.

1. The foll
owing are the necessary minimum collection attributes for the Urban Forest Tree Inventory as defined by CalFire. Please propose additional attributes as your firm determines appropriate and best:
a. Mapping C
oordinate: X and Y coordinate locations (latitude and longitude). Each tree will be located using GIS maps and/or GPS equipment;
b. Block si
de: The location of each tree in a publicly owned area and planting site shall be described so that it can be easily identified for future work. In addition to coordinates, the trees are to be located using a street name and nearest street address (number and street);
c. Area: T
ree locations will be identified by longitude and latitude; street address, where available; facility name/area, and unique tree identifier number; d. Location: The tree’s physical location in relation to public sidewalk, or in relation to City facility/park area compared to existing structures; e. Pict
ure of planting location, tree, or stump;
f. Botani
cal name: Genus, species, variety as available, and common name; g. Diamet
er: Trunk diameter at breast height (DBH) of largest stem, at 4 ½ feet above ground level, to the nearest 1-inch, with date of measurement noted; h. Stem
s: Number of stems below 4 ½ feet above ground level;
i. Conditi
on: In general, the condition for each tree will be recorded by utilizing the

EXHIBIT A

ATTACHMENT A
142
following categories adapted from the rating system established by the International Society of Arboriculture:
 Ex
cellent 100%
 Very Good 90%
 Good 80%
 Fair 60%
 Poor 40%
 Critical 20%
 Dead/Dying 0%
j. Mai
ntenance Need: Documenting the maintenance need and assigning a rating for trees that are inventoried will be conducted during the Project. A draft document for the criteria of ratings for maintenance need will be completed in collaboration with the Consultant during post award conferences. The identified maintenance need will be used to support and inform the future development the Urban Forest Management Plan.
 Pr
iority 1 Removal: Trees des ignated for removal have defects that cannot be cost effectively or practically treated. Most of the trees in this category will have a large percentage of dead crown and pose an elevated level of risk for failure. Any hazards that could be potential dangers to persons or property and seen as potential liabilities would be in this category. Large dead and dying trees that are high liability risks are included in this category. These trees are the first ones that should be removed.
 Pr
iority 2 Removal: Trees t hat should be removed but do not pose a liability as great as the first priority will be identified here. This category would need attention as soon as “Priority One” trees are removed.
 Pr
iority 3 Removal : Trees t hat should be removed, but that pose minimal liability to persons or property, will be identified in this category.  Pr
iority 1 Prune : Trees that require priority one pruning are recommended for trimming to remove hazardous deadwood, hangers, or broken branches.

These trees have broken or hanging limbs, hazardous deadwood, and dead, dying, or diseased limbs or leaders greater than four inches in diameter.  Pri
ority 2 Prune : Thes e trees have dead, dying, diseased, or weakened branches between two and four inches in diameter and are potential safety hazards.
 Lar
ge Tree Routine Prune: Thes e trees require routine horticultural pruning to correct structural problems or growth patterns, which would eventually obstruct traffic or interfere with utility wires or buildings. Trees in this category are large enough to require bucket truck access or manual climbing.

EXHIBIT A

ATTACHMENT A
143
 Small Tree Routine Prune: These trees require routine horticultural pruning to correct structural problems or growth patterns, which would eventually obstruct traffic or interfere with utility wires or buildings. These trees are small growing, mature trees that can be evaluated and pruned from the ground.  Tr
aining Prune. Young: large-gr owing trees that are still small must be pruned to correct or eliminate weak, interfering, or objectionable branches to minimize future maintenance requirements. These trees, up to 20 feet in height, can be worked with a pole-pruner by a person standing on the ground.  St
ump Removal: This category indicates a stump that should be removed.  Pl
ant Tree: During the inventory, vacant planting sites will be identified by street and address. The size of the site is designated as small, medium, or large (indicating the ultimate size that the tree will attain), depending on the growing space available and the presence of overhead wires. k. Cl
earanc
e Required: Trees, which are causing or may cause clearance difficulties for pedestrians or vehicle, will be noted;
l. Vis
ibility: Trees which are blocking clear visibility of signs or traffic signals will be noted and attended to;
m. Gr
ow Space and reasonableness of site to add a new tree in that location, including infrastructure restrictions. Identifying the area within the growing space with the following proposed categories:
 L:

Tree Lawn
 S: Side Property
 C: Curbside Strip
 B: Back-up Lot
 W: Well/Pit
 M: Median
 P: Raised Planter
 R: Retention/Bioswale
 O: Open/Unrestricted
 I: Island
 U: Unmaintained Area
n. Spac
e Size: The narrowest dimension of the Grow Space, in feet (i.e., 3’x3’ cutout, 4’ parkway strip, open parkland, etc.);
o. Not
es: Additional information regarding disease, insect, mechanical damage, etc., can be included in this field;
p. Saf
ety regulations for traffic visibility and access;

EXHIBIT A

ATTACHMENT A
144
q. Hardscape Damage: Damage to sidewalks and curbs by tree root.(include number of inches that sidewalk is lifted from existing. If both sides are lifted, measure the difference to the highest point;
r. Ov
erhead Utility lines: The inventory indicates whether overhead conductors or other utility lines are present at the tree site that could result in conflicts with the tree. s. In-grou
nd Utilities: The inventory indicates proximity to visible in-ground utilities.

Any
structural weakness, decayed trunk or branches, or split crotches or limbs discovered on nearby trees by the Contractor during planting shall be reported to the City of Stockton’s designated representative for determination of action, as soon as it is discovered. No tree removals will be funded through this initial contract.

Cont
ractor is asked to provide the City of Stockton with the location and height of uplifted sidewalks at any tree well or planting str ip, to be included in future sidewalk repairs. This information can be updated at any time
Tr
ees shall be inventoried in the following locations:

1. St
reet Functional Classifications: Principal Arterial, Minor Arterial, C ollectors, and Neighborhood Access.

2. City
Facilities:
a. City
Hall, 425 N. El Dorado St. All sides of City Hall building and the Civic Court landscaped median on north side of City Hall.
b. Civic Auditorium, 525 N. Center St., all landscaping and frontage facing Center, Fremont, Oak and Commerce Streets. (LS-A) Saturday service c. Hunter Square, bounded on the east by S. Hunter St.; on the south by Parker's Alley; on the west by a line approximately 80 feet west of the S. Hunter St. Curb, and on the north by a line approximately 120 feet north of the north line of Parker's alley. d. Main Street Plaza, from approximately 200 feet east of the east line of El Dorado St. to 60 feet west of Commerce St.
e. Municipal Service Center Complex, 1465 S. Lincoln St. (Corporation Yard.) This includes the Animal Control Facility (approximately 16 acres). S f. Seifert Community Center, 128 West Benjamin Holt Dr.: trees outside of the building and in the parking lot; from Benjamin Holt Dr. to approximately 200 feet south of Benjamin Holt Dr. and from Alturas Ave. to approximately 600 feet east of Alturas Ave.
g. Gary and Janice Podesto Impact Teen Center, 747 N. El Dorado St. Any trees in parking area or on-site.
h. Main Police Facility at 22 E. Market St. Any trees in parking area or on-site. i. Cesar Chavez Library, 605 North El Dorado St. Any trees in parking area or on-site. j. Fair Oaks Library, 2370 East Main St. Any trees in parking area or on-site.

EXHIBIT A

ATTACHMENT A
145
k. Maya Angelou Library, 2324 Pock Ln. Any trees in parking area or on-site (includes the areas behind gates).
l. Margaret Troke Library, 502 W. Benjamin Holt Dr. Any trees in parking area or on- site.
m. Fire Station 1, 1818 S. Fresno Avenue. Any trees in parking area or on-site (includes gated areas).
n. Fire Station 2, 110 W. Sonora Street. Any trees in parking area or on- site (includes gated areas).
o. Fire Station 3, 1116 E. First Street . Any trees in parking area or on- site (includes gated areas).
p. Fire Station 4, 5525 Pacific Avenue. Any trees in parking area or on- site (includes gated areas).
q. Fire Station 5, 3499 Manthey Road. Any trees in parking area or on- site (includes gated areas).
r. Fire Station 6, 1501 Picardy Drive. Any trees in parking area or on- site (includes gated areas).
s. Fire Station 7, 1767 W. Hammer Lane. Any trees in parking area or on-site (includes gated areas).
t. Fire Station 9, 550 E. Harding Way . Any trees in parking area or on- site (includes gated areas).
u. Fire Station 10, 2903 W. March Lane. Any trees in parking area or on-site (includes gated areas).
v. Fire Station 11, 1211 E. Swain Road. Any trees in parking area or on-site (includes gated areas).
w. Station 12 - 4010 E. Main Street. Any trees in parking area or on-site (includes gated areas).
x. Station 13 - 3606 Hendrix Drive. Any trees in parking area or on-site (includes gated areas).
y. Station 14 - 3019 McNabb Street. Any trees in parking area or on-site (includes gated areas).

3. Ci
ty Parks:
a. Ci
ty parks include all developed and undeveloped parks.

4. Pac
ific Avenue parking lots:
a. Pac
ific Avenue Parking Lot #1: east of Pacific Ave. between Walnut and Elm Sts.

This lot is approximately 50-feet wide adjacent west to 128 Walnut St. and 133 Elm St.
b. Pacific Avenue Parking Lot #4: lies east of Pacific Ave. between Cleveland St. and Wyandotte St. This lot is approximately 50- feet wide and is adjacent west to 144 Cleveland St and 137 Wyandotte St.
c. Pacific Avenue Parking Lot #6: east of Pacific Ave. between Castle St. and Adams St., adjacent west to 76 W. Castle St. and 155 W. Adams St. d. Pacific Avenue Parking Lot #7: west of Pacific Ave. and on the east side of Beverly

EXHIBIT A

ATTACHMENT A
146
Pl. between Central and Tuxedo Courts. The lot is approximately 100’ x 100’. e. Pacific Avenue Parking Lots #8 & #9: west of Pacific Ave and generally located on the northeast side of the Dorris Pl./Lexington Ave. intersection. f. Pacific Avenue Parking Lot #10: west of Pacific Ave. and on the east side of Concord Ave., adjacent north to 1840 Concord Ave. The parking lot is 100’ x 100’. There is another adjacent parking lot on the north side of Lot #10 that is not included in this contract.

5. Al
leyways between city streets will not be inventoried. The City has not planted any trees in alleyways and the maintenance of alleyways is the responsibility of the adjacent property owner.

6. The P
roject excludes trees located in the following locations:
a. St
ate Routes and Interstates
b. Schools

EXHIBIT A

ATTACHMENT A
147
22 Se
tting the Gold Standard

SCHEDULE

ATTACHMENT A

EXHIBIT B

148
Tree Care Professionals Serving Communities Who Care About Trees

CITY OF STOCKTON

URBAN FORESTRY INVENTORY

SCHEDULE OF COMPENSATION
www.WCAINC.com
Description Unit Unit Price
1) Project Administration and Software Annual Fee $10,000 a) {No cost if under under contract for tree maintenance services. Otherwise, annual fee is $10,000.}
b) Meet with City staff to review scope of work, desired deliverables, schedules, and identify the criteria for documenting and evaluating the City's Urban Forest c) Provide access to our on-line tree management software program called ArborAccess to an unlimited number of City personnel. Cost includes all updates, and troubleshooting as necessary.
d) Coordinate the City Information Technology and City staff on training in software use, applications and report preparations features.
2) Level One Assessment & Tree Inventory Per Tree Site $5.25 Conduct an inventory of trees located within the City. The tree inventory data shall be geo-coded into a Geographic Information System (GIS) database and integrated into the City's existing or other GIS platform. Cost includes inventory delivery, site visits, and travel expenses. Total cost shall not to exceed $555,000 for a complete tree inventory data collection.
3) Level Two Assessment (Optional} Per Tree Site $65.00 Conduct an inventory of trees located within the City. The tree inventory data shall be gee-coded into a Geographic Information System (GIS) database and integrated into the City's existing or other GIS platform. Cost includes inventory delivery, site visits, and travel expenses.
4) Sidewalk Damage Inventory (Optional) Per Tree Site $2.00 Observe and record damage to sidewalk related to an adjacent tree. The parameter of the damage will be determined and agreed upon with the City prior to the commencement of work. At the direction of the City, WCA will take a photograph of each sidewalk area damaged by the adjacent City-owned tree and record it in the inventory software program.

S) Photograph of Existing Tree (Optional) Per Tree Site $2.00 At the direction of the City, WCA will take a photograph of each tree inventoried and record it in the inventory software program.

West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.37 45

ATTACHMENT A

EXHIBIT C

Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 6) Certified Arborist for Analysis & Reporting Hourly Rate $175.00 a) Meet with City staff to review scope of work, desired deliverables, schedules, and identify the criteria for documenting and evaluating the City's Urban Forest. b) Arborist technical assistance may include plan review, plan recommendations, development of technical sections, and providing additional resources as requested by the City.
c) Analyze the collected data to identify trends, patterns, and key findings related to the city's urban tree canopy.
d) Prepare a detailed report presenting the assessment results, including recommendations for tree management, preservation, and enhancement strategies.
e) Prepare a prioritization and timeline schedule in conjunction with the City for trees that are dead, or beyond the point of being recovered.

The following to be included at no additional cost to the City:

1. Data standardization: Standardize the City's existing tree inventory data using domains and attribute rules to ensure consistency and usability. Collaborate with the City to determine which fields to retain and apply standardized formatting to the data.

2. REST API Integration: Integrate the tree inventory data utilizing City's secure web services, enabling seamless updates and access within the City's GIS infrastructure.

3. Public Facing Tree Benefits Website: Develop an online, public-facing tree inventory platform using ArcGIS Hub. The site and associated applications can be hosted either on the City's ArcGIS Online account or through West Coast Arborists' (WCA) ArcGIS Online account, based on the City's preference.

4. Tree Inventory Delivery Document: Provide a comprehensive summary report of the tree inventory findings. This document will include summary tables highlighting key metrics such as recommended maintenance categories, tree condition classifications, and other relevant data, serving as a snapshot of the inventory at the time of delivery.

Tree Inventory Fields
• Tree Inventory Fields: Utilizing existing data update and supplement the following fields below via field verification: District, Address, Species, DBH, Height, Stems, Condition, Recommended Maintenance, Tree Health Concern, Overhead Utilities, Parkway Type, Parkway Size, Tree Estimated Value, Comments, and GPS. Exact fields to be determined in scope of work meeting.

West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714. 991. 1 900 • 800.5 21.371 4 • Fax 714.956.37 45

ATTACHMENT A

EXHIBIT C

REV 2024-03-25
Exhibit D:

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

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

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

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

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

4. Profe
ssional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

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

Other I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:

EXHIBIT D

ATTACHMENT A
151
REV 2024-03-25
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any

EXHIBIT D

ATTACHMENT A
152
REV 2024-03-25
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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

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

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

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

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

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

Verification of Coverage

EXHIBIT D

ATTACHMENT A
153
REV 2024-03-25
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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

Ci
ty of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202

EXHIBIT D

ATTACHMENT A
154
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

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

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

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

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

EXHIBIT E

ATTACHMENT A
155
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT E

ATTACHMENT A
156
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

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

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

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

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

EXHIBIT E

ATTACHMENT A
157
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

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

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

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

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

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

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

EXHIBIT E

ATTACHMENT A
158
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

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

EXHIBIT E

ATTACHMENT A
159
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

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

EXHIBIT E

ATTACHMENT A
160
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

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

EXHIBIT E

ATTACHMENT A
161
Subject:

CITY OF STOCKTON, CALIFORNIA

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

DISCRIMINATION AND

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

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

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

EXHIBIT E

ATTACHMENT A
162
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:

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

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

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

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

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ATTACHMENT A
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Subject:

B.

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

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

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