Cities Index.
Agenda packet, regular meeting

City Council and Concurrent Authorities
April 1, 2025

Document
Agenda packet, regular meeting
Meeting
April 1, 2025
Body
City Council and Concurrent Authorities
Pages
82
Original file
183.5 MB
Text extracted from the city's file for reading and search. Open the original on www.stocktongov.com. That file is the official record.

By:

Michelle A. Ropp
By:

Nicholas Bjork
Notary Public, State of OR
No. 1044188
My commission expires on January 10, 2028

ATTACHMENT A
357

EXHIBIT A

Page 2 of 2 ends

ATTACHMENT A
358
428879

ATTACHMENT A
359
Date: 06/03/2024
Adnum: 428879
Custid: 65452

ADVERTISING PROOF
Customer: MCA RUSSELL JOHNS
Ad Title: Multiple Solicitations
Lines: 37
^STARTAD^428879^
Region 14 ESC
in Texas
Multiple Solicitations
Submittal date: July 18
Region 14 Education Service
Center in Texas is requesting pro-
posals from qualified and experi-
enced firms for the following solic-
itations:
•Automotive Parts and
Solutions #24-S836
•Comprehensive Energy Consulting and Management Services, Building and Other
Energy Solutions, and Related
Products and Services #24-S889
•Office Supplies and Services
#24-S844
• Parking Meters, Software,
Systems and Related Products
and Services #24-S835
•Sports Surfaces, Installation
& Related Products & Services
#24-S851
Due Thursday, July 18, 2024,
2:00pm CT
Responses shall be received
electronically no later than the
submittal deadline via
Bonfire, an online portal. To
access and obtain a copy of the
solicitations, please
visit: https://omniapartners.
bonfirehub.com/.

Date of publication in
the Seattle Daily Journal of
Commerce, June 12, 2024.
^ENDAD^428879^ 6/12(428879) ^THE-END^
State of Washington, King County

ATTACHMENT A
360

ATTACHMENT A
361
Request for Proposal - Page 1 of 2
[def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary] Helena Independent Record
2222 N. Washington St
Helena, Montana 59602
(123) 456-7890
State of Pennsylvania, County of Lancaster, ss:

Yuade Moore, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Helena Independent Record, a newspaper of general circulation published that is a "legal newspaper" as that is published daily in the City of Helena, in the County of Lewis and Clark, State of Montana, and has charge of the Advertisements thereof.

If this certification is for the State of Montana, I hereby certify that l have read sec. 18-7-204 and 18-7-205, MCA, and subsequent revisions, and declare that the price or rate charged the State of Montana for the publication for which claim is made in printed copy in the amount of $73.60, is not in excess of the minimum rate charged any other advertiser for publication of advertisement, set in the same size type and published for the same number of insertions, further certify that this claim is correct and just in all respects, and that payment or credit has not been received.

PUBLICATION DATES: June. 13 2024
NOTICE ID: cdJ7gAaTQlGANePIZsx4
PUBLISHER ID: COL-MT-200309
NOTICE NAME: Request for Proposal
Publication Fee: $73.60
[$signersig ]
(Signed)______________________________________ [$seal]

VERIFICATION
State of Pennsylvania
County of Lancaster
Subscribed in my presence and sworn to before me on this: [$date] [$notarysig ]
______________________________
Notary Public
[$disclosure]
See Proof on Next Page

AFFIDAVIT OF PUBLICATION
Notarized remotely online using communication technology via Proof. 06/14/2024

ATTACHMENT A
362
Request for Proposal - Page 2 of 2

ATTACHMENT A
363

ATTACHMENT A
364
Request for Proposal - Page 1 of 2
[def:$signername|printname|req|signer1] [def:$signersig|sig|req|signer1] [def:$notarysig|sig|req|notary] [def:$date|date|req|notary] [def:$state|state|req|notary] [def:$county|county|req|notary] [def:$disclosure|disclosure|req|notary] [def:$seal|seal|req|notary]

AFFIDAVIT OF PUBLICATION
State of Texas, County of Bexar, ss:

Hadley Christman, being first duly sworn, deposes and says: That (s)he is a duly authorized signatory of Column Software, PBC, duly authorized agent of Richmond Times Dispatch, a newspaper printed and published in the City of Richmond, State of Virginia, and that this affidavit is Page 1 of 2 with the full text of the sworn-to notice set forth on the pages that follow, and the hereto attached:

PUBLICATION DATES:

Jun. 12, 2024
NOTICE ID: 9XaIHaB5pT0LPIpQBJ1m
PUBLISHER ID: COL-7001709
NOTICE NAME: Request for Proposal
Publication Fee: 221.19
Ad Size: 2 X 16 L
Category: General Legal Notice
Under penalty of perjury, I, the undersigned affiant swear or affirm that the statements above are true and accurate to the best of my knowledge and belief.
[$signersig ]
(Signed)______________________________________ [$seal]

VERIFICATION
State of Texas
County of Bexar
Subscribed in my presence and sworn to before me on this: [$date] [$notarysig ]
______________________________
Notary Public
[$disclosure]
See Proof on Next Page
06/13/2024
Electronically signed and notarized online using the Proof platform.

ATTACHMENT A
365
Request for Proposal - Page 2 of 2

ATTACHMENT A
366
Legal No.

San Bernardino County Sun
473 E. Carnegie Dr, Ste 200
San Bernardino, CA 92408
909-386-3864
Fax 909-884-2536
[email protected]
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above-entitled
matter. I am the principal clerk of the printer and
publisher of the SAN BERNARDINO COUNTY SUN, a
newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and
adjudged a newspaper of general circulation as defined by the' laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California,
under date 06/20/1952, Case No. 73084. The notice, of
which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
06/12/2024, 06/19/2024
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.

Executed in San Bernardino County, California
this 19th day of June, 2024.

PROOF OF PUBLICATION
(2015.5 C.C.P.)

STATE OF CALIFORNIA
County of San Bernardino
Signature
5283632 0011672893
MCA
17110 GUNN HWY.

ODESSA, FL 33556
r.LP6-08/02/16 1

ATTACHMENT A
367

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 54787 560276 Print Legal Ad-IPL01768080 - IPL0176808 $166.08 1 19 L MCA Russell John
17110 Gunn Hwy
Odessa, FL 33556
Attention: Kim Ridgeway
[email protected]
State of South Carolina
County of Richland
I, Tara Pennington, makes oath that the
advertisment, was published in The State, a
newspaper published in the City of Columbia,
State and County aforesaid, in the issue(s) of
1 insertion(s) published on:
06/12/24
Tara Pennington
Sworn to and subscribed before me this 12th day
of June in the year of 2024
Notary Public in and for the state of Texas, residing in Dallas County
Errors- the liability of the publisher on account of errors in or omissions from any advertisement will in no way exceed the amount of the charge for the space occupied by the item in error, and then only for the first incorrect insertion.” Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!

ATTACHMENT A
368
Albany Times Union
News Plaza
Box 15000
Albany, New York 12212

MCA RUSSELL JOHNS
17110GunnHwy
Odessa FL 33556
Account Number:

Order Number:
600133349
IPLATU0047978

STATE OF NEW YORK)
:ss.:

COUNTyOFEME) '
The^undersigned, being duly sworn, says that he/she is a Authorized Custodian of Records of THE TIMES UNION, a daily newspaper printed in the county of Albany, Town of Colonie, and PubUshed in the County of Albany, Town of Colonie and tfae City of Albany, aforesaid and that notice of which a printed copy is annexed has been regularly pubUshed m the said ALBANY TIMES UNION on the foUowmg dates:
06/12/2024
Print Name:
.
^ei^ cKe/A^njn
Nora Hewson
Authorized Designee of THE TIMES UNION
Sworn to before me, this
12 day of June
, 20 24
ary Public
Tyshawn Harrison
Notary Public - State of New York
No. 01HA0005298
Qualified in Erie County
Commission Expires 04/07/2027
IPLATU0047978

ATTACHMENT A
369
Region 14 Education Service Center in Texas is requesting proposals from qualified and experienced firms for the follow- ing solicitations:
•Automotive Parts and Solutions #24-S836
•Comprehensive Energy Consulting and Management Ser- vices, Building and Other Energy Solutions, and Related Products and Services #24-S889
•Office Supplies and Services #24-S844
• Parking Meters, Software, Systems and Related Products and Services #24-S835
•Sports Surfaces, Installation & Related Products & Services #24-S851
Due Thursday, July 18, 2024, 2:00pm CT Responses shall
be received electronically no later than the submittal dead- line via Bonfire, an online portal. To access and obtain a copy of the solicitations, please visit: https://omniapartners. bonfirehub.com/.

IPLATU0047978

ATTACHMENT A
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ATTACHMENT A
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Email Address or Domain Name Date Invited Message
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
374
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ATTACHMENT A
375
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ATTACHMENT A
376
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ATTACHMENT A
377
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ATTACHMENT A
378
[email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
379
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ATTACHMENT A
380
[email protected] Jun 13th 2024, 2:44 PM CDT
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[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
381
[email protected] Jun 13th 2024, 2:44 PM CDT
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ATTACHMENT A
382
[email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
383
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ATTACHMENT A
384
[email protected] Jun 13th 2024, 2:44 PM CDT
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ATTACHMENT A
385
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ATTACHMENT A
386
[email protected] Jun 13th 2024, 4:15 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:15 PM CDT
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ATTACHMENT A
387
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
388
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:15 PM CDT
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ATTACHMENT A
389
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:15 PM CDT
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ATTACHMENT A
390
[email protected] Jun 13th 2024, 4:15 PM CDT
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ATTACHMENT A
391
[email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
392
[email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
393
[email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
394
[email protected] Jun 13th 2024, 4:11 PM CDT
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ATTACHMENT A
395
[email protected] Jun 13th 2024, 4:15 PM CDT
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[email protected] Jun 13th 2024, 4:15 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
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[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 2:44 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT

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[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:15 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT
[email protected] Jun 13th 2024, 4:11 PM CDT [email protected] Jun 13th 2024, 4:11 PM CDT

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RFP 24-S836 Intent to Bid List
Name Supplier Intent to Bid Date Declared Reason
Dave LaBarre Parts Authority, LLC Yes 2024-06-05T14:15:02+00:00 Robert Fulp O'Reilly Auto Parts Yes 2024-06-05T22:41:44+00:00 Amber Lacy Ray's Automotive, LLC. Yes 2024-06-12T12:09:18+00:00 John Martin Palomar Modular Buildings LLC No 2024-06-13T21:34:07+00:00 Not a fit Tim Gross Northwest Drive Train Yes 2024-06-15T22:11:18+00:00 Mustafa Ahmad shah First Class Construction & Logistics Services LLC Yes 2024-07-09T01:51:41+00:00 Eric Pefley Rhino USA Inc No 2024-07-09T17:08:10+00:00
We do not believe we are the right fit for the product they are looking for. We will look forward to bidding on a contract in the future that fits our product offerings.

James Davis K. Neal Truck & Bus Center Yes 2024-07-15T17:38:59+00:00 KERE FREY Neopart Transit LLC Yes 2024-07-16T13:02:24+00:00

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Documentation from Region 14 ESC Solicitation Openings July 18, 2024 at 2:00pm CT.

Automotive Parts and Solutions

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Web Postings

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RFP 24-S836 Final Evaluation Scoring
Total Pricing Ability to provide References and
Experience Value Add Technology
Supplier 100 pts / 40 pts / 30 pts / 20 pts / 10 pts / 0 pts O'Reilly Auto Parts 96 40 30 18 8 0

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EXHIBIT C

PRICING
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(Rev. 9.30.22)

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Category Discount
ACCESSORIES AND MOBILE ELECTRONICS O'Reilly List Price Less 41% or Better AIR FRESHENERS O'Reilly List Price Less 41% or Better
ANTIFREEZE/COOLANT O'Reilly List Price Less 41% or Better APPLICATION ELECTRICAL O'Reilly List Price Less 41% or Better AUTOMOTIVE BATTERIES O'Reilly List Price Less 41% or Better AUTOMOTIVE DETAIL O'Reilly List Price Less 41% or Better AUTOMOTIVE HARDWARE O'Reilly List Price Less 41% or Better AUTOMOTIVE LIGHTING O'Reilly List Price Less 41% or Better BATTERY ACCESSORIES O'Reilly List Price Less 41% or Better BRAKES O'Reilly List Price Less 41% or Better
CHASSIS O'Reilly List Price Less 41% or Better
CLIMATE CONTROL (HVAC) O'Reilly List Price Less 41% or Better COOLING O'Reilly List Price Less 41% or Better
DRIVELINE O'Reilly List Price Less 41% or Better
ELECTRICAL O'Reilly List Price Less 41% or Better
EMISSION CONTROL/AIR MANAGEMENT O'Reilly List Price Less 41% or Better ENGINE MANAGEMENT O'Reilly List Price Less 41% or Better ENGINE PARTS/COMPONENTS O'Reilly List Price Less 41% or Better EQUIPMENT O'Reilly List Price Less 41% or Better
EXHAUST SYSTEM O'Reilly List Price Less 41% or Better
FILTERS O'Reilly List Price Less 41% or Better
FLUID MANAGEMENT AND ACCESSORIES O'Reilly List Price Less 41% or Better FUEL SYSTEM O'Reilly List Price Less 41% or Better
GASKETS O'Reilly List Price Less 41% or Better
GENERAL MERCHANDISE O'Reilly List Price Less 41% or Better GREASES AND LUBES O'Reilly List Price Less 41% or Better IGNITION SYSTEM O'Reilly List Price Less 41% or Better
MOTOR OIL O'Reilly List Price Less 41% or Better
PAINT/BODY O'Reilly List Price Less 41% or Better
PERFORMANCE CHEMICALS O'Reilly List Price Less 41% or Better PERFORMANCE PARTS AND ACCESSORIES O'Reilly List Price Less 41% or Better REFRIGERANTS AND ACCESSORIES O'Reilly List Price Less 41% or Better RIDE CONTROL O'Reilly List Price Less 41% or Better
ROTATING ELECTRICAL O'Reilly List Price Less 41% or Better SEALANTS/ADHESIVES/COMPOUNDS O'Reilly List Price Less 41% or Better SEASONAL O'Reilly List Price Less 41% or Better
SPARK PLUGS O'Reilly List Price Less 41% or Better
STEERING O'Reilly List Price Less 41% or Better
TIRE AND WHEEL ACCESSORIES O'Reilly List Price Less 41% or Better TOOLS AND GARAGE ACCESSORIES O'Reilly List Price Less 41% or Better TRANSMISSION FLUID O'Reilly List Price Less 41% or Better TRUCK AND TOWING O'Reilly List Price Less 41% or Better VEHICLE PROTECTION O'Reilly List Price Less 41% or Better WIPERS/COMPONENTS AND WASHER FLUIDS O'Reilly List Price Less 41% or Better O'Reilly-OMNIA Price File

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City of Stockton
Legislation Text
File #: 25-0416, Version: 1

APPROVE CITY COUNCIL REPORT ISSUED PURSUANT TO GOVERNMENT CODE SECTION 65858(D) REGARDING MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LEAD TO

THE URGENCY ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE

ESTABLISHMENT OF NEW, AND RELOCATION OR PHYSICAL EXPANSION OF EXISTING,

TOBACCO RETAILER BUSINESSES, ALSO KNOWN AS SMOKE SHOPS

RECOMMENDATION
It is recommended that the City Council approve and issue the attached City Council Report pursuant to Government Code section 65858(d) (Attachment A).

Summary
On March 4, 2025, the Stockton City Council adopted Urgency Ordinance No. 2025-03-04-1504, which established a temporary moratorium on the issuance of any license, permit, or other entitlement for use, for the establishment, relocation, or physical expansion of a tobacco retailer business pursuant to California Government Code section 65858(a).

California Government Code section 65858(d) requires the City Council to issue a written report ten (10) days before the earliest of either: the interim ordinance’s expiration; or the adoption of an extension to the interim ordinance. The report shall describe the measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption.

DISCUSSION
Background
During the March 4, 2025, City Council meeting, a number of items were discussed for potential inclusion in an ordinance regarding tobacco retailer businesses and smoke shops, including:
· Updated license fee structure
· Updated enforcement program, including compliance checks · Updated penalties for violations
· Increased distances from sensitive uses
· Addition of separation distances between business types (smoke shop vs. retailers) · Establishment of a cap on smoke shops
· Requirement of safety/security plans
· Removal/amendment of exceptions
In addition to the above items, there was also direction to review the San Joaquin County ordinance City of Stockton Page 1 of 4 Printed on 3/27/2025
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language to address potential conflicts in County pockets.

Per the City Council’s direction, the City Attorney’s Office, Police, Administrative Services, and Community Development Departments met to discuss how best to address health and safety issues caused by the proliferation of tobacco retailers, smoke shops, and illegal businesses operating as smoke shops. Initial findings are as follows:

Licensing & Fees
Updated license fee structure
An Annual Retail Tobacco License fee is established by SMC 5.104.040.B, said fee may be fixed and established by City Council resolution at any time.

Requirement of safety/security plans
Safety/security plans can be submitted as a part of the application process; this would require an amendment to SMC 5.104.040 (License Application).

Removal/amendment of exceptions
SMC Section 5.104.060.A.6 and 7 lists exceptions from minimum separation distance requirements for:

1. Lawfully operating businesses that existed prior to Ordinance 2023-06-20-1502’s effective date of September 18, 2023.

2. Lawfully operating businesses that would become ineligible should a sensitive use locate within the minimum separation area.

3. Lawfully operating businesses that may have an expired license less than 6 months from license application date or an application submitted less than one year since the Ordinance effective date

4. Qualified development projects where a land use permit or entitlement was deemed complete prior to the Ordinance effective date and has not expired.

Item number 3 above can be removed via ordinance amendment as it is no longer necessary (time frame has passed). It is not recommended to remove the remaining exemptions as they would impact existing lawfully operating businesses.

Enforcement
Updated enforcement program, including compliance checks Annual Compliance Check & Monitoring
Updated penalties for violations
Applicable to Owner/Operator
Suspension & Revocation
Penalty waiting period if operating without a license
Mitigating Neighborhood Impacts
Addition of separation distances between business types (smoke shop vs. retailer) Current Code identifies a minimum 600-foot distance between tobacco retailers, regardless of City of Stockton Page 2 of 4 Printed on 3/27/2025
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File #: 25-0416, Version: 1
primary or ancillary tobacco sales. Staff will investigate the feasibility of an Ordinance amendment distinguishing between businesses with ancillary tobacco sales and businesses designated as smoke shops. Once that distinction is determined, the Ordinance can be amended to increase minimum separation distances between smoke shops to 1,000 feet as requested by City Council, while keeping the distance restriction between businesses with ancillary tobacco sales at 600 feet.

Increased distances from sensitive uses
Current Code identifies a minimum 600-foot distance between tobacco retailers and sensitive uses (defined in the Code as schools, public parks, public playgrounds, public recreational areas, or youth facilities). As discussed above, Staff will investigate the feasibility of an Ordinance amendment distinguishing between businesses with ancillary tobacco sales and businesses designated as smoke shops. Once that distinction is determined, the Ordinance can be amended to increase minimum separation distances between smoke shops and sensitive uses to 1,000 feet as requested by City Council, while keeping the distance restriction between businesses with ancillary tobacco sales and sensitive uses at 600 feet.

Establishment of a cap on smoke shops
The establishment of a cap on smoke shops, either City-wide or by district, requires significant research on potential legal implications, coordination between City departments, and investigation into other jurisdictions working on similar caps. While language can be added via Ordinance to establish a cap, as was similarly adopted for Cannabis operator permits, there are several concerns that must be addressed before an Ordinance amendment is appropriate.

The City must distinguish how it will determine the number of smoke shops allowed, whether the City will continue to issue license renewals to smoke shops that are currently legally operating once the cap has been reached, how the City will determine which legally operating businesses will have their licenses renewed and which will not, whether the City will permit a period of amortization for legally operating smoke shop businesses which are not issued license renewals pursuant to the cap, and other similar concerns.

Regional Coordination
Review San Joaquin County Ordinance language to address potential conflicts in County pockets On February 25, 2025, the San Joaquin County Board of Supervisors directed County staff to bring an Urgency Ordinance imposing a moratorium on smoke shops and to study and consider amendments to the County Ordinance Code Title 7 Business Regulations and Title 9 Development Title, to effectively regulate Smoke Shop Businesses within the unincorporated Areas of the County. Said moratorium was adopted unanimously on March 11, 2025. City staff will coordinate with County staff to ensure consistency between the respective agencies’ efforts.

Present Situation
In addition to considering all items City Council identified to address health and safety issues caused by the proliferation of tobacco retailers, smoke shops, and illegal businesses operating as smoke shops, staff is also looking at other jurisdictions, changes in state law, and reaching out to partner agencies to determine best practices for addressing issues caused by tobacco retailers, smoke City of Stockton Page 3 of 4 Printed on 3/27/2025
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shops, and illegal businesses operating as smoke shops. Therefore, additional time is necessary to adequately analyze and address their impacts.

Urgency Ordinance no. 2025-03-04-1504 will expire on April 18, 2025. Pursuant to California Government Code section 65858(a), the City Council may extend the interim ordinance for ten (10) months and fifteen (15) days following a noticed, public hearing with a four-fifths (4/5) vote for adoption, which would require six (6) of seven (7) votes. If adopted, the proposed extended interim ordinance would take effect immediately.

Staff will present a request for City Council to consider an extension of Urgency Ordinance No. 2025- 03-04-1504 on April 15, 2025.

FINANCIAL SUMMARY
There is no financial impact to the City associated with this item.

Attachment A - City Council Report Issued Pursuant to Government Code Section 65858(d) City of Stockton Page 4 of 4 Printed on 3/27/2025
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ATTACHMENT A

CITY COUNCIL REPORT ISSUED PURSUANT TO
GOVERNMENT CODE SECTION 65858(d)
DATE: April 1, 2025
SUBJECT: Report on Measures Taken Following Adoption of Urgency Ordinance Number 2025-03-04-1504 Establishing a Temporary 45-Day Moratorium BACKGROUND: On March 4, 2025, the Stockton City Council adopted Urgency Ordinance no. 2025-03-04-1504, which established a temporary moratorium on the issuance of any license, permit, or other entitlement for use, for the establishment, relocation, or physical expansion of a tobacco retailer business.

Pursuant to California Government Code section 65858(a), an interim ordinance remains in effect for forty-five (45) days from its adoption date and may be extended for ten (10) months and fifteen (15) days following a noticed, public hearing and with a four-fifths (4/5) vote for adoption from the City Council, which would require six (6) of seven (7) votes. If adopted, the proposed extended interim ordinance would take effect immediately.

California Government Code section 65858(d) requires the City Council to issue a written report ten (10) days before the earliest of either: the interim ordinance’s expiration; or the adoption of an extension to the interim ordinance. The report shall describe the measures the City is taking to alleviate the condition(s) that led to the interim ordinance’s adoption.

Urgency Ordinance no. 2025-03-04-1504 will expire on April 18, 2025. Staff will present a request for City Council to consider an extension of Urgency Ordinance no. 2025-03- 04-1504 on April 15, 2025. Therefore, this report satisfies the requirements of California Government Code section 65858(d).

DISCUSSION: Per the City Council’s direction, the City Attorney’s Office, Police, Administrative Services, and Community Development Departments met to discuss how best to address health and safety issues caused by the proliferation of tobacco retailers, smoke shops, and illegal businesses operating as smoke shops. Initial findings are as follows:

Licensing & Fees
Updated license fee structure
An Annual Retail Tobacco License fee is established by SMC 5.104.040.B, said fee may be fixed and established by City Council resolution at any time.

Requirement of safety/security plans
Safety/security plans can be submitted as a part of the application process; this would require an amendment to SMC 5.104.040 (License Application).

Removal/amendment of exceptions
422

ATTACHMENT A
SMC Section 5.104.060.A.6 and 7 lists exceptions from minimum separation distance requirements for:

1. Lawfully operating businesses that existed prior to Ordinance 2023-06-20-1502’s effective date of September 18, 2023.

2. Lawfully operating businesses that would become ineligible should a sensitive use locate within the minimum separation area.

3. Lawfully operating businesses that may have an expired license less than 6 months from license application date or an application submitted less than one year since the Ordinance effective date

4. Qualified development projects where a land use permit or entitlement was deemed complete prior to the Ordinance effective date and has not expired.

Item number 3 above can be removed via Ordinance amendment as it is no longer necessary (time frame has passed). It is not recommended to remove the remaining exemptions as they would impact existing lawfully operating businesses.

Enforcement
Updated enforcement program, including compliance checks Annual Compliance Check & Monitoring
Updated penalties for violations
Applicable to Owner/Operator
Suspension & Revocation
Penalty waiting period if operating without a license
Mitigating Neighborhood Impacts
Addition of separation distances between business types (smoke shop vs. retailer) Current Code identifies a minimum 600-foot distance between tobacco retailers, regardless of primary or ancillary tobacco sales. Staff will investigate the feasibility of an Ordinance amendment distinguishing between businesses with ancillary tobacco sales and businesses designated as smoke shops. Once that distinction is determined, the Ordinance can be amended to increase minimum separation distances between smoke shops to 1,000 feet as requested by City Council, while keeping the distance restriction between businesses with ancillary tobacco sales at 600 feet.

Increased distances from sensitive uses
Current Code identifies a minimum 600-foot distance between tobacco retailers and sensitive uses (defined in the Code as schools, public parks, public playgrounds, public recreational areas, or youth facilities). As discussed above, Staff will investigate the feasibility of an Ordinance amendment distinguishing between businesses with ancillary tobacco sales and businesses designated as smoke shops. Once that distinction is determined, the Ordinance can be amended to increase minimum separation distances between smoke shops and sensitive uses to 1,000 feet as requested by City Council, 423

ATTACHMENT A
while keeping the distance restriction between businesses with ancillary tobacco sales and sensitive uses at 600 feet.

Establishment of a cap on smoke shops
The establishment of a cap on smoke shops, either City-wide or by district, requires significant research on potential legal implications, coordination between City departments, and investigation into other jurisdictions working on similar caps. While language can be added via Ordinance to establish a cap, as was similarly adopted for Cannabis operator permits, there are several concerns that must be addressed before an Ordinance amendment is appropriate. The City must distinguish how it will determine the number of smoke shops allowed, whether the City will continue to issue license renewals to smoke shops that are currently legally operating once the cap has been reached, how the City will determine which legally operating businesses will have their licenses renewed and which will not, whether the City will permit a period of amortization for legally operating smoke shop businesses which are not issued license renewals pursuant to the cap, and other similar concerns.

Regional Coordination
Review San Joaquin County Ordinance language to address potential conflicts in County pockets
On February 25, 2025, the San Joaquin County Board of Supervisors directed County staff to bring an Urgency Ordinance imposing a moratorium on Smoke Shops and to study and consider amendments to the County Ordinance Code Title 7 Business Regulations and Title 9 Development Title, to effectively regulate Smoke Shop Businesses within the unincorporated Areas of the County. Said moratorium was adopted unanimously on March 11, 2025. City staff will coordinate with County staff to ensure consistency between the respective agencies’ efforts.

In addition to considering all items City Council identified to address health and safety issues caused by the proliferation of tobacco retailers, smoke shops, and illegal businesses operating as smoke shops, staff is also looking at other jurisdictions, changes in state law, and reaching out to partner agencies to determine best practices for addressing issues caused by tobacco retailers, smoke shops, and illegal businesses operating as smoke shops. Therefore, additional time is necessary to adequately analyze and address their impacts.

Staff will present a request for City Council to consider an extension of Urgency Ordinance No. 2025-03-04-1504 on April 15, 2025.

OPPORTUNITY FOR PUBLIC COMMENT: Members of the public will have the opportunity to comment on the proposed extension of Urgency Ordinance no. 2025-03- 04-1504 at the City Council meeting on April 15, 2025. The City will publish notice for this meeting pursuant to California Government Code section 65090. 424
City of Stockton
Legislation Text
File #: 25-0357, Version: 1

ACCEPT COMMITTEE MINUTES FOR FILING

RECOMMENDATION
Accept for filing minutes from the Budget/Finance/Economic Development Committee and the Censure Ad-Hoc Committee.

Attachment A - Budget
Attachment B - Censure Ad-Hoc
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City of Stockton
Legislation Text
File #: 25-0389, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of September 26, 2023 and March 4, 2025 Attachment A - 2023-09-26
Attachment B - 2025-03-04
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City of Stockton
Legislation Text
File #: 25-0167, Version: 1

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION

AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF PARCEL MAP COS 24-04

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

1. Authorize the City Manager to execute the Subdivision Agreement, accept on behalf of the public all offers of dedication, and record the parcel map, Parcel Map COS 24-04, and

2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Summary
The proposed resolution authorizes the City Manager to execute the Subdivision Agreement with SLD Management, Inc., a California Corporation, accept all offers of dedication, and record the parcel map, Parcel Map COS 24-04. The subdivision contains 17.98 acres divided into five (5) lots for commercial use and a remainder parcel. It is located at the southwest corner of Trinity Parkway and Scott Creek Drive. See Attachment A - Vicinity Map.

Review and approval of the Parcel Map and Subdivision Agreement are necessary to ensure the Tentative Map (TM P23-0266) conditions are fulfilled. If the City Council approves the parcel map, the City will transmit the map and Subdivision Agreement to the San Joaquin County Recorder.

It is recommended that the Council adopt the proposed resolution as SLD Management, Inc. has fulfilled all necessary conditions.

DISCUSSION
Background
On March 28, 2024, the Planning Commission approved the Tentative Parcel Map (TM P23-0266) and Design Review application, subject to conditions, for the parcel located at the southwest corner of Trinity Parkway and Scott Creek Drive. The parcel is approximately 17.98 +/- acres to be subdivided into five (5) lots for the purposes of developing a Chick-Fil-A restaurant, an In-N-Out restaurant, a Dutch Brother’s Coffee shop, a self-storage facility, and a remainder parcel.

On April 8, 2024, an appeal was filed with the City Council requesting reconsideration of the Planning Commission’s approval, citing environmental concerns. On June 4, 2024, the City Council denied the City of Stockton Page 1 of 2 Printed on 3/27/2025
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appeal and upheld the Planning Commission’s March 28, 2024, approval of the Tentative Parcel Map and Design Review.

Present Situation
SLD Management, Inc. submitted a parcel map (Parcel Map COS 24-04) to complete the subdivision process for the earlier approved Tentative Parcel Map. The subdivision contains 17.98 acres divided into five (5) lots for commercial use and a remainder parcel. It is located at the southwest corner of Trinity Parkway and Scott Creek Drive.

Staff reviewed Parcel Map COS 24-04 and subdivision applications and determined that all conditions necessary for approval are met, which includes preparing improvement plans for all proposed public off-site improvements within the adjacent streets, including raised medians, driveways, striping and extension of utilities into the project site, dedicating access and utility easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.

The City Engineer reviewed Parcel Map COS 24-04 for technical accuracy, substantial conformance with the approved tentative map, and the required conditions are completed or incorporated within a Subdivision Agreement. The City Engineer recommends forwarding the Parcel Map, Subdivision Agreement, and any offers of dedication to the City Council for consideration and approval.

The Subdivision Agreement (Exhibit 1 to the proposed resolution) contains the subdivider’s obligations for project site development. The proposed resolution authorizes the City Manager to execute the Subdivision Agreement, accept on behalf of the public all offers of dedication, and authorizes the recordation of the parcel map. It is recommended that the Council adopt the proposed resolution as SLD Management, Inc. fulfilled all necessary conditions.

FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement for Parcel Map COS 24-04, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of $115,226.81 and deposited in various fee accounts in the Development Services Fund. These fees and deposits are described in detail in Exhibit A of the Subdivision Agreement. All other fees will be assessed at the time building permits are issued.

There is no financial impact to the City of Stockton because of the execution of the Subdivision Agreement. The developer bears the costs of constructing the required infrastructure improvements and developing the parcels.

Attachment A - Vicinity Map
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REV. DATE
CK. BY DRAWING NO.

CITY ENGINEER

APPROVED BY
SCALE
NO. BY APRVD.

DWG. BY

DEPARTMENT OF PUBLIC WORKS

CITY OF STOCKTON DATE
COS 24-04
Vicinity Map

VICINITY MAP
SITE

ATTACHMENT A
455
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE

SUBDIVISION AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC ALL

OFFERS OF DEDICATION, AND AUTHORIZING RECORDATION OF PARCEL MAP COS 24-04
The Subdivider, SLD Management, Inc., has submitted Parcel Map COS 24-04 for approval; and
The subdivision contains 17.98 acres divided into five (5) lots for commercial use and a remainder parcel. The property is located at the southwest corner of Trinity Parkway and Scott Creek Drive; and
Staff reviewed said parcel map and subdivision applications and determined that all conditions necessary for approval are met, which includes preparing improvement plans for all proposed public off-site improvements within the adjacent streets, including raised medians, driveways, striping and extension of utilities into the project site, dedicating access and utility easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements; and
The Subdivision Agreement contains the subdivider’s obligations for the project site development; now, therefore,

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

1. The City Manager is authorized to execute, on behalf of the City of Stockton, the Subdivision Agreement for Parcel Map COS 24-04, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The certain parcel map, consisting of four (4) sheets, entitled Parcel Map COS 24-04 filed with the City Clerk on April 01, 2025, is hereby approved, a copy of which is attached as Exhibit 2 and incorporated by reference.

3. The City Council hereby accepts on behalf of the public all offers of dedication for the purposes designated and authorizes the recordation of the parcel map.

4. The approval and acceptance by the City, on behalf of the public, of Parcel Map COS 24-04 are subject to the owner or owners constructing all public improvements required by the Community Development Department and the payment of all fees 456
required under Chapter 16, Division 4, of the Stockton Municipal Code and subject to the owner or owners submitting to the City of Stockton the parcel map approved by the City Engineer indicating conformance to the Subdivision Map Act of the State of California.

5. The City Clerk is hereby authorized and directed to sign and have recorded said parcel map when same is submitted to the City, bearing said approval of the County Surveyor and is approved by the City Engineer.

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

PASSED, APPROVED and ADOPTED April 1, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
457
After Recording Return To:

City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202

SUBDIVISION AGREEMENT
(PARCEL MAP)
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into as of ___________ by and between the CITY OF STOCKTON, a municipal corporation hereafter referred to as "CITY," and SLD MANAGEMENT, INC., A CALIFORNIA CORPORATION, hereinafter referred to as "SUBDIVIDER."
WITNES S ETH:

Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled Parcel Map COS 24-04 (TM P23-0266l which Map has been checked and approved by the County Surveyor; and
Said Map has been filed with the City Engineer for presentation to the City Council of the City for its approval, which Map is hereby referred to and incorporated herein; and Subdivider has requested approval of said Map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the Map, all in accordance with, and as required by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which plans and specifications (5596C) dated 11/12/24, prepared by RSC Engineering, and consisting of Sheets 1 through 28 are now on file in the Office of the City Engineer; and
This agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 16, Division 6, of the Stockton Municipal Code.

NOW, THEREFORE, for and in consideration of these premises and the approval of said Map and of the acceptance of the dedications, or some thereof, therein offered, and in order to ensure satisfactory performance by Subdivider of Subdivide�s obligations under said Subdivision Map Act and said Municipal Code, the parties hereto agree as follows:

1. PERFORMANCE OF WORK
Subdivider shall construct or cause to be constructed, at Subdivider's own expense, in a good and worklike manner, under the direction and to the satisfaction of the City Engineer, all of the following work and improvements within the subdivision, to-wit:

Those certain improvements designated and shown on said Map as streets, curbs, gutters, sanitary sewers, storm sewers, water mains, street lights, sidewalks, and other on or off-site improvements in accordance with the plans and specifications on file in the office of City Engineer together with any changes required or ordered by said Engineer , which in the Engineer's opinion, are necessary or required to EXHIBIT 1
458
complete the work.

2. WORK: PLACES AND GRADES TO BE FIXED BY ENGINEER
All of said work is to be done to the satisfaction of the City Engineer, and to the grades as shown upon the approved plans and specifications on file in the Office of the City Engineer. Subdivider warrants that construction will not adversely affect any portion of adjacent properties.

3. WORK: TIME FOR COMMENCEMENT AND PERFORMANCE
At least seventy-two (72) hours prior to the commencement of any work hereunder, Subdivider shall notify City Engineer in writing of the date fixed by Subdivider for commencement thereof, so that City Engineer shall be able to provide services of inspection.

Subdivider will complete, or cause to be completed, within two (2) years of approval of said Map and construction plans by the City Council, all improvements in accordance with the plans and specifications on file as hereinbefore specified, including any changes required or ordered by the said Engineer.

The work shall be performed in a safe and good worklike manner, and enough workers to quickly and adequately perform the work in accordance with normal construction standards for similar jobs shall be employed and used. All work must comply with State of California, Division of Industrial Safety Construction Orders.

Except during an emergency, as determined by the City Engineer, all work shall be performed between the hours of 7:00 a.m. and 9:00 p.m.

Any contractor not performing as required by this agreement may, at the discretion of the City Engineer, be barred from doing any work within the City of Stockton on any subdivision or any public works project for a maximum period of two (2) years.

City may require Subdivider to furnish a licensed Soils Engineer to test and certify that all cuts, fills and trench backfill conform to the requirements of City and State codes.

4. TIME OF ESSENCE: EXTENSION
Time is of the essence of this agreement; provided that in the event good cause is shown, the City Council may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not release or modify the surety's liability on the bond to secure the faithful performance of this agreement, or the payment for labor and materials.

5. REPAIRS AND REPLACEMENTS
Subdivider shall replace, or have replaced, or repair or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, as the case may be, or pay the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of the City Engineer.

6. UTILITY DEPOSITS: STATEMENT
EXHIBIT 1
459
Subdivider shall make all deposits legally required by each public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the subdivision.

7. PERMITS: COMPLIANCE WITH LAW
Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law.

8. SUPERINTENDENCE BY SUBDIVIDER
Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City Engineer, on the work at all times during progress, with authority to act for Subdivider.

9. INSPECTION BY CITY
Subdivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation.

10. CONTRACT SECURITY
Concurrently with the execution hereof, Subdivider shall furnish:

A. A cash bond guaranteeing payment for placing
monuments in the amount of (0 Monuments) ............................... 1Q B. A surety bond, cash deposit or letter of credit
(50% of the public improvements cost) as security
for the faithful performance of this agreement in the
amount of ............................................................................ $786,655.00 C. A separate security bond, cash deposit or letter
of credit (50% of the public improvements cost) as
security for the payment of all persons performing
labor and furnishing materials in connection with
this agreement in the amount of ........................................ $786,655.00 The surety on each of said bonds shall be a corporate surety company authorized to transact business in the State of California, and the form thereof shall be satisfactory to the City Attorney and the Administrative Services Officer. Release of securities shall be as follows:

A. Security given for faithful performance shall be released after the City has finally accepted the work, and provided that security of at least ten (10) percent of the public improvements cost has been retained or security has been furnished to the City to guarantee and warrant the work for 1-year following the date of such acceptance of the work.

B. Security securing the payment to the contractor, the subcontractors of the contractor, and to persons furnishing labor, materials or equipment shall be released sixty (60) days after recording the Notice of Completion provided that the City has finally accepted the work and provided no claims or liens have been filed with the City. If claims of lien have been filed, an amount of security at least equal to the claims shall be retained pending the outcome of the claims.

C. The security guaranteeing that the completed work remains satisfactory during the EXHIBIT 1
460
required 1-yearwarranty period shall be released upon correction, by Subdivider, of any defects in the work existing at the end of the warranty period.

D. Monument security shall be released in accordance with the provisions of Section 66497 of the Government Code.

In the event that improvements do not conform to the plans and specifications or defects are not corrected within the time limit specified by the City, the City shall have the authority to order the necessary work done and to recover the cost of such work as well as any costs of enforcing such obligation, including attorney fees, from the Subdivider and the Subdivider's surety or the financial institution providing the Instrument of Credit.

11. INDEMNITY AND HOLD HARMLESS AGREEMENT
With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, SUBDIVIDER shall, indemnify, protect, defend with counsel approved by CITY and at SUBDIVIDER'S sole cost and expense, and hold harmless City of Stockton and its officers, officials, employees and volunteers from and against any and all claims, causes of action, liabilities, judgments, awards, losses, liens, claims, stop notices, damages, expenses, and costs (including without limitation attorneys' fees, expert and subdivider fees, and other expenses of litigation) of every nature, including, but not limited to, death or injury to persons, or damage to property, which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement, or from any violation of any federal, state, or municipal law or ordinance, or CITY Policy, by SUBDIVIDER or SUBDIVIDER'S officers, agents, employees, volunteers or subcontractors. SUBDIVIDER shall not be obligated to indemnify or defend CITY for claims finally determined by a court of law or arbitrator to arise from the active negligence or willful misconduct of the CITY. It is the intent of the Parties that this indemnity obligation is at least as broad as is permitted under California law. To the extent California Civil Code sections 2782, et seq., limit the defense or indemnity obligations of SUBDIVIDER to CITY, the intent hereunder is to provide the maximum defense and indemnity obligations allowed by SUBDIVIDER under the law. The indemnity set forth in this section shall not be limited by insurance requirements or by any other provision of this Agreement.

With the exception that this section shall in no event be construed to require indemnification, including the duty to defend, by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, the parties agree that SUBDIVIDER'S duty to defend CITY is immediate and arises upon the filing of any claim against the CITY for damages which arise out of or are in any way connected with the work performed, materials furnished, or services provided under this Agreement by SUBDIVIDER or SUBDIVIDER'S officers, agents, employees, volunteers or subcontractors.

SUBDIVIDER'S duties and obligations to defend the CITY shall apply regardless of whether or notthe issue of the CITY'S liability, breach of this Agreement, or other obligation or fault has been determined.

SUBDIVIDER shall be immediately obligated to pay for CITY'S defense costs of the claim, including, but not limited to, court costs, attorney's fees and costs, expert subdivider and witness fees and costs, other witness fees, document reproduction costs, arbitration fees, and, if after final judgment an appeal is pursued, all of such costs for the appeal. At the conclusion of the claim, if there is any determination or finding of sole active negligence or willful misconduct on the part of the CITY, CITY will then reimburse SUBDIVIDER for amounts paid in excess of SUBDIVIDER'S proportionate share of responsibility for the damages within 30 days after SUBDIVIDER provides CITY with copies of all bills and expenses incurred in the defense of the claim(s). It is agreed between the parties that this reimbursement provision assures SUBDIVIDER is not obligated to defend or indemnify CITY in an amount greater than provided for under California law, including, without limitation, California Civil Code sections 2782, 2782.6, and 2782.8.

With the exception that this section shall in no event be construed to require indemnification by SUBDIVIDER to a greater extent than permitted under the public policy of the State of California, and EXHIBIT 1
461
in addition to the other indemnity obligations in this Agreement, SUBDIVIDER shall indemnify, defend, and hold harmless City of Stockton and its officers, officials, employees and volunteers from and against all claims, losses, expenses, and costs including but not limited to attorneys' fees, arising out of any claim brought against the CITY by an employee, office, agent, or volunteer of SUBDIVIDER, regardless of whether such claim may be covered by any applicable workers compensation insurance.

SUB DIVIDER'S indemnification obligation is not limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the SUBDIVIDER under workers' compensation acts, disability acts, or other employee benefit acts.

INSURANCE REQUIREMENTS
Subdivider shall comply with the insurance requirements set forth in Exhibit B.

Subdivider shall contractually require the selected contractor to carry the insurance required within Exhibit C.

12. TITLE TO IMPROVEMENTS
Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City, except as otherwise may be provided in this agreement. Prior to final acceptance by the City, the Subdivider shall submit to the City Engineer accurately revised "as built" plans showing all the sanitary, storm and water lateral locations, monuments with tie notes and unit prices and quantities of the underground sewer, storm drainage, water, street lighting and street facilities installed as part of this subdivision unit.

13. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act within thirty (30) days after written notice or in case of emergency, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City the actual cost of such repairs plus twenty-five (25) percent as administrative costs. In accordance with Section 16.72.070 of the Stockton Municipal Code, the subdivider shall deposit $15,733.10 with the City to correct deficiencies and conditions caused by the Subdivider or contractor during or after the construction of this subdivision.

14. SUBDIVIDER NOT AGENT OF CITY
Subdivider or any of Subdivider·s agents or contractors are not or shall not be considered agents of City in connection with the performance of Subdivide r"s obligations under this agreement.

15. COST OF ENGINEERING AND INSPECTION
Prior to commencement of construction, the Subdivider shall pay to the City of Stockton the cost for the checking of engineering plans, inspection of the work, and the checking and testing of the materials at the appropriate existing rate. The cost of such improvements is based on an approved estimate, or on the construction contract, if awarded prior to filing of the map with the City Council.

Plan Checking Fee = $42,129.70
Inspection Fee = $55,588.85
No work shall be performed without inspection by the City. Any work performed without an EXHIBIT 1
462
inspection will not be accepted by the City.

All work, which requires inspection, shall be performed during the City's normal working hours and work days. If any work is performed before 8:00 a.m., after 5:00 p.m., or on a City holiday, or on a weekend, there must be a request in writing twenty-four (24) hours in advance for an inspector during those hours, and there must be paid to the City double the Inspector's hourly cost to the City. This payment is not included in the 3.5 percent (3.5%) engineering and inspection fee.

If an inspector is not available to work during such hours, as requested, no work shall be performed during those hours.

16. FILING FEES
Concurrently with execution hereof, Subdivider shall pay a computer mapping fee of $171.25 ($155 + $3.25/lot), a map filing fee of $3,384.50 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $113.00 and $191.00, respectively. City will forward the checks with the Map for recording.

17. NOTICE OF BREACH AND DEFAULT
If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents, or employees should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Subdivider's surety of breach of this agreement or of any portion thereof and default of Subdivider.

18. BREACH OF AGREEMENT: PERFORMANCE BY SURETY OR CITY
In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvements herein specified; provided, however, that if the surety, within ten ( 10) days after the serving upon it of such notice of breach does not give City written notice of its intention to take over the performance of the contract, and does not commence performance thereof within ten (10) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for the cost and damages occasioned City thereby; and, in such event, City without liability for so doing may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. The City reserves to itself all remedies available to it at law or in equity for breach of Subdivider's obligations under this Agreement.

The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. In the event that Subdivider fails to perform any obligations hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees.

19. NOTICES
All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

EXHIBIT 1
463

CITY ENGINEER
22 E. WEBER AVENUE
STOCKTON CA 95202
Notices required to be given to Subdivider shall be addressed as follows:

SLD MANAGEMENT, INC.

ATTN: STEVEN L. DIEDE
P.O. BOX 1218
WOODBRIDGE, CA 95258
Notices required to be given to surety of Subdivider shall be addressed as follows:

THE FIDELITY AND DEPOSIT COMPANY OF MARYLAND
1299 ZURICH WAY
T1 F18
SCHAUBMURG, IL 60196-5870
Provided that any party or the surety may change such address by notice in writing to the other party and, thereafter, notices shall be addressed and transmitted to the new address.

20. FIRE PROTECTION
No building permits will be issued in this subdivision until the water system has been completed and tested and all access streets installed and made serviceable. This provision may be modified or waived if an alternate method of providing fire protection is provided and approved by the Stockton Fire Department.

21. STREET TREE SECURITY
The Subdivider shall provide a faithful performance bond, cash deposit, or letter of credit for 125% of the street tree fee based on $195 per tree.

Street Tree Security: Q trees@ $195 ea. X 125% = $Q

22. STREET NAME SIGN FEE
The Subdivider shall pay a street name sign fee based on $286.25 per sign to be furnished and installed by the City.

Street Name Sign Fee: Q signs@ $286.25 ea. = $Q

23. SUMMARY OF FEES
The fees mentioned in this Agreement are summarized in Exhibit A attached hereto and incorporated herein by reference. However, some fees such as the Public Facilities Fee and Parkland Fee, which are collected at the building permit stage, are not included in this summary.

24. BINDING UPON SUCCESSORS
This agreement shall be binding upon and inure to the benefit of, and be enforceable by and against, the heirs, successors, and assigns of the parties hereto, subject to the terms hereof.

EXHIBIT 1
464

25. ASSIGNMENT
Subdivider shall have the right to assign (by sale, transfer, or otherwise) directly or indirectly, all or part of its rights, duties and obligations under this agreement as to any portion or all of the Property upon a specific written request and written consent by the City Manager which shall not be unreasonably withheld, delayed or conditioned. Except that Subdivider may, without the consent of the City, assign this Agreement to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider's interest in the real property which is the subject of the Map, provided the assigning party causes the assignee to assume in writing all obligations of the assignor under this Agreement. Notice of an assignment to a controlled subsidiary of Subdivider or a purchaser of all or substantially all of Subdivider's interest shall be given to the City in writing within 30 days of such change. Upon any such assignments, Subdivider shall be released from its obligations under this Agreement and shall receive the immediate return of all security deposits, including, but not limited to bonds, letters of credit, security instruments or any other financial commitments upon the replacement of same by the assignee. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.

26. SPECIAL PROVISIONS
Except as provided in Exhibit D, the tentative map conditions in TM P23-0266 as shown in Exhibit D (attached) shall apply to this Agreement.

ATTEST:

KATHERINE ROLAND, CMC,CPMC

CITY CLERK
By __________ _
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
BY

CITY ATTORNEY
CITY OF STOCKTON:

STEVE COLANGEL

INTERIM CITY MANAGER

SLD MANAGEMENT,
Steven L. Diede
(PRINT N
BY ---- -+--------
(SIGNATURE)
President
(TITLE)
APPROVED BY CITY COUNCIL RESOLUTION NO. ____________ _
______ ,20_.
,ON
EXHIBIT 1
465

DEVELOPER

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California 0 ,
County of ,,Jao J OCVl\1\ (\ "
before me, \J°'t\e.";:,";)O\ Co.bre..r�) Noto.'J �u�\,c. (insert name and title of the offi r)
personally appeared ':)1t.'1�f\ l. \)\t.dt., �te.s,de.f\1" who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)
oeooooeo
VANESSA CABRERA l
Notary Public • California 2
San Joaquin County �
Commission # 2503007 -
y Comm. Expires Oct 25, 2028
EXHIBIT 1
466

CITY MANAGER

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document.

State of California
County of ____________ _,
On ___________ before me, _________________ _
(insert name and title of the officer)
personally appeared--------------------------�
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s ) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies)
, and that by his/her/their signature(s
) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ____________ _ (Seal)
EXHIBIT 1
467

EXHIBIT A

SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE ....................................................................... $0.00 PLAN CHECK FEE .......................................................................... $42,129.70 INSPECTION FEE ........................................................................... $55,588.85 MATERIAL TESTING FEE ....................................................................... $0.00 FILING FEE ........................................................................................ $3,400.75 TECH FEE .......................................................................................... $7,595.58 CRS FEE ............................................................................................ $6,076.46 CASH DEPOSIT.. ...................................................................................... $0.00 COMPUTER MAPPING FEE .................................................................... $155.00 MUD IMAGING FEE .................... ..................................................... $460.00 ASSESSMENT DISTRICT SEGREGATION ............................................ $0.00 TOTAL ........ $115,406.34
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (4 Sheets) ......................................................................... $113.00 AGREEMENT (4 Sheets) ....................................................... $191.00 TOT AL .............. $304.00
BONDS
MONUMENT BOND ...................................................................... $0 PERFORMANCE BOND ................................................. $786,655.00 LABOR AND MATERIAL BOND ..................................... $786,655.00 WARRANTY BOND ............................................................. $15,733.10 TOTAL ..... $1,589,043.10
EXHIBIT 1
468
SUMMARY OF FEES AND BONDS (CONT.)

PROPORTIONATE SHARES
PARK AND RIDE FACILITIES (686-0000-237.60-64) ............................................ $0 STREET MICROSURFACING (686-0000-237.67-40) ............................................ $0 TOTAL $0
EXHIBIT 1
469
LEGAL DESCRIPTION OF P23-0266

PARCEL MAP BOUNDARY
All that real property situated in the State of California, County of San Joaquin, City of Stockton lying in a portion of Section 1, Township 2 North, Range 5 East, Mount Diablo Meridian, being more particularly described as follows:

All of Parcel 1, as said parcel is shown on the Parcel Map filed in the Office of the Recorder of San Joaquin County on October 20, 2004, in Book 23 of Parcel Maps, at Page 62; containing 17.981 acres, more or less.

End of Description
EXHIBIT 1
470
Exhibit B:

Insurance Requirements
(Subdividers)
Contractor 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 and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers' Compensation: 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.

4. Surety Requirement: as described below.

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

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

EXHIBIT 1
471
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 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
EXHIBIT 1
472
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

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

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

EXHIBIT 1
473
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Surety Requirement
Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

3. Cash Deposit
The Payment Bond and the Performance Bond shall be in a sum based on the engineer's cost estimate. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Cash deposit of one (1) percent of the construction cost or a minimum of $5,000.00, whichever is greater.

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor - HR
Stockton, CA 95202
EXHIBIT 1
474
Exhibit C:

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

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

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

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

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

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

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

6. Surety Bonds as described below.

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

EXHIBIT 1
475
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read "City of Stockton, its officers, officials, employees, and volunteers." Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

EXHIBIT 1
476

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

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

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

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

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

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

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

EXHIBIT 1
477
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

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

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

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall EXHIBIT 1
478
be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor - HR
Stockton, CA 95202
EXHIBIT 1
479

EXHIBIT D
10505 Trinity Parkway (TM P23-0266) Conditions (7-15-2024) Conditions of Approval
Planning: The project approved by this action shall conform to the plans, elevations, and materials included in Exhibit 1 and shall conform with all applicable standards in SMC §16.80.250 (Outdoor dining and seating areas). Additional Conditions are noted below:

1. Landscaping is required pursuant to SMC Chapter 16.56 (Landscaping Standards) and Chapter

16.64 (Off-Street Parking and Loading Standards). Submit a Landscape Plan with building permit submittal for review.

2. Any perimeter fencing shall comply with SMC Chapter 16.48 (Fences, Hedges, and Walls).

3. Provide a minimum of five (5) trees throughout the parking lot landscape areas.

4. Parking spaces, driveways, maneuvering aisles and turnaround areas shall be paved in accordance with SMC §16.64.030(0).

5. Provide trash enclosure details with building permit submittal, in conformance with SMC §16.36.130 for Solid waste/recyclable materials storage.

6. Exterior lighting shall be shielded so that light does not spill onto adjacent properties or right of way per SMC §16.32.070.

7. Outdoor seating must be arranged or situated so that it does not create a hazard to pedestrians or encroach on a required building exit, vehicle travel lane, driveway, or any public street Engineering:

8. Applicant shall be required to comply with the City of Stockton's Municipal Development Code SMC 16.72.110.

9. Applicant shall submit off-site improvement plans with building permit submittal. Engineered improvement design plans may need to be prepared in accordance with City Standard Specifications and Plans. An Encroachment Permit per SMC 16.72.125 shall be obtained prior to construction of frontage improvements. Off-site improvement plans would be submitted to the Community Development Department, Planning and Engineering Division, for City approval.

Improvement plans for off-site improvements are different than, and separate from, plans and drawings prepared for on-site development of private property.

10. Applicant shall remove any unused driveway approach access to the parcel and close the access with vertical curb, gutter, and sidewalk, per approved plans.

11. Show all existing property corner pins/ survey monuments and add a note on the construction plans stating: "Property pins/ survey monuments shall be protected in place." Submit survey monument preservation acknowledgement form at time of building permit or off-site improvement plan application(s).

12. The minimum Traffic Sight Area shall be maintained free from obstructions that could block the sight distance of motorists entering or leaving the site per SMC §16.36.140.

EXHIBIT 1
480

13. An Encroachment Permit will be required for installation of new driveways and the new approach shall be constructed to City standard commercial driveway approach (R-59).

Building Division:

14. At time of building permit submittal, a complete set of landscape construction drawings, prepared by a Licensed Landscape Architect, shall be submitted documenting compliance with the State Mandated Model Water Efficient Landscaping Ordinance (MWELO) Program, including the requirements of water calculations for the entire project. The landscape construction drawings shall be in substantial conformance with the approved site design. The Landscape Plan shall include a listing of plant species including trees, shrubs and groundcover and an overall Irrigation Concept Statement.

15. The project shall comply with, and document on the building permit construction drawings, the applicable accessibility requirements of the current edition of the California Building Code Chapters 11 A/11 B accordingly. It is the property owner's and business owner's responsibility to comply with other federal accessibility regulations not under the jurisdiction of the City of Stockton such as the Americans with Disabilities Act (ADA) or the Fair Housing Act (FHA), as applicable.

16. Construction plans and supporting documents for the building permit submission shall be prepared by, and stamped and signed by, a California licensed architect or engineer.

Stamping requirements apply to all disciplines including, but not limited to, civil, architectural, structural, mechanical, electrical, plumbing, and landscaping.

17. Building permit(s) required from the City of Stockton Building & Life Safety Division for new construction or site, including but not limited to, new structures, changes to the layout or use of the building(s), changes to the layout or use of the site, and any changes to the building systems (mechanical, electrical, and plumbing). Please visit www.stocktonca.gov/building for additional information and submittal guidance.

18. The Project construction design must comply with all applicable requirements of the current version of the California Building Code.

Municipal Utilities District:

19. Provide a Stormwater Quality Control Plan (SWQCP) at the time of Building Permit submittal.

Submittal plans should address the on-site stormwater treatment and how it is proposed to be handled.
https://www.stocktonca.gov/documents/bySC/Municipal Utilities.html#:~:text=Stormwater Q uality Control Criteria Plan SWQCCP 2020.pdf

20. Provide a Water Discharge ID (WDID) number for the State approved Stormwater Pollution Prevention Plan at the time of Building Permit submit submittal. The WDID number is required for development projects where at least one (1) acre of land area would be disturbed.

Fire Department:

21. Portable fire extinguishers shall be installed in common areas of the site as approved by the Stockton Fire Department.

22. If the site is secured with a gate at the driveway, Fire Department access will need to be provided. Motorized gates require a key switch, and manually openable gates will require a KNOX box or chain/lock assembly that can be easily removed with Fire EXHIBIT 1
481
Department equipment.

23. Provide building address numbers in conformance with SMC §15.08.090. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. A 12-inch address number will be required on the building or perimeter security fencing.

EXHIBIT 1
482

OWNER'S STATEMENT
WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE ALL THE PARTIES HAVING RECO�

TITLE INTEREST IN THE LANDS SUBDIVIDED AND SHOWN ON THIS PARCEL MAP, AND WE

HEREBY CONSENT TO THE PREPARATION AND FILING OF THIS PARCEL MAP IN THE OFFICE OF THE COUNTY RECORDER OF SAN JOAQUIN COUNTY, CALIFORNIA.

WE ALSO OFFER THE REAL PROPERTY DESCRIBED BELOW, DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: A 10-FOOT WIDE PUBLIC UTILITY EASEMENT (PUE) AS SHOWN ON THIS PARCEL MAP.

WE ALSO OFFER THE REAL PROPERTY DESCRIBED BELOW, DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: A WATER LINE EASEMENT (WLE) AS SHOWN ON TH�PARCEL MAP.

WE ALSO OFFER THE REAL PROPERTY DESCRIBED BELOW, DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: A PUBJ:.!C ACCESS EASEMENT (PAE) AS SHOWN ON THIS PARCEL MAP.
••
GALT. STATION, LILC, LIFORNIA LIMITED LIABILITY COMPANY BY: SLD MANAGEMEN , INC., A CALIFORNIA CORPORATION
STEVEN L. DIEDE, PRESIDENT

DIEDE FARMS, LILC, A CAL RNIA LIMITED LIABILITY COMPANY BY: SLD MANAGEMEN , INC., A CALIFORNIA CORPORATION

NOTARY ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMEN1' TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA 1" •
)
COUNTY OF � o.!CSl:i: ) f.\\\C,
oN ,a..,.,.� \!) . BEFORE ME. 1 .... ,.�aC.vc..-�, "-'• c:, .

A NOTARY PUB IC, PERSONALLY AP�
ARED
�t.nn L. D\1,a, Xf'Ul t\&ft\"
WHO PROVED TO ME ON THE BASfS ©W SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE .SUBSCRIBt):) TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNA TURE(S) ON THE INSTRUMENT THE

PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALT'( OF PERJURY UNDER THE LAWS OF � STATE OF CALIFORNIA THAT THE FOREGOING PARe.GRAPH IS TRUE AND CORRECT.
s;J;ITNESS MY
SIGNATURE --=-------,,�-
__,...,.�-�---_··_---__
(PRINTE
� NAME>\JIIIN,� C,w&ra

MY PRINCIPAL PLACE OF BUSINESS IS IN
MY COMMISSION NO. 1-;0,00'1
.. D. SHEET NO. 29A
�Oo'f\ 'loatplif\ COUNTY
EXPIRES: 10.1.�.1$
PARCEL MAP COS 24-04
BEING A SUBDIVISION OF PARCEL 1,

AS SHOWN ON THAT CERTAIN PARCEL MAP FILED
IN BOOK 23 OF PARCEL MAPS, AT PAGE 62
LYING IN A PORTION OF SECTION 1, T.2 N., R.5 E., M.D.M.

CITY OF STOCKTON, COUNTY OF SAN JOAQUIN

STATE OF CALIFORNIA
JANUARY 2025
1420 R�CKY RIDGE DR.

Suite 150
Roseville, CA 95661
Ph: 916.788.2884
Fax: 916. 788.4408

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD

SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND

LOCAL ORDINANCE AT THE REQUEST OF GALT FUEL STATION, LLC AND DIEDE FARMS, LLC ON APRIL 11, 2024. I HEREBY STA TE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.

ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR

THAT THEY WILL BE SET IN THOSE POSITIONS WITHIN ONE YEAR OF THE RECORDING OF

THIS PARCEL MAP, AND THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATED THIS 18111 DAY OF l1f(f/111'3£ft. 202#-
JOH� KLAMM, L.S. 7375
LICENSE EXPIRES 12/31/2025
NOTE

THIS PARCEL MAP IS SUBJECT TO THE PROVISIONS OF A SUBDIVISION AGREEMENT RECORDED ON -------� AS DOCUMENT NO. ---------�
SAN JOAQUIN COUNTY RECORDS.

EIGHT MILE ROAD
(.)
a:::
(.)
w
z
:::;;
::>
...J
w
:,,:
0 :::;;

VICINITY MAP

NOTTO SCALE

CITY ENGINEER'S STATEMENT

I, ERIC ALVAREZ, HEREBY STATE THAT I AM THE CITY ENGINEER OF THE CITY OF \

STOCKTON, CALIFORNIA AND THAT I HAVE EXAMINED THIS PARCEL MAP AND THAT THE

SUBDIVISION SHOWN HEREQW IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, IF REQUIRED, AND ANY APPROVED ALTERATIONS THEREOF. I FURTHER STATE THAT THIS PARCEL MAP COMPLIES WITH ALL THE PROVISIONS OF CHAPTER 16, ARTICLE 6 OF THE STOCKTON MUNICIPAL CODE, AND ANY AMENDMENTS THERETO, APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, IF REQUIRED. , 2025
NO. C057830
CIT'rl�IN?:1:�
REGISTRATION EXPIRATION DATE: 6/30/26

CITY CLERK'S STATEMENT
THIS IS TO STATE THA-r AT ITS REGULARLY HELD MEij'.TING ON THE -�- DAY OF 2025, THE CITY COUNCIL OF THE CITY OF STOCKTON,
CALIFORNIA PER COUNCIL RESOLUTION NO. . APPROVED THIS PARCEL MAP, AND ACCEPTED ON BEHALF OF THE PUBLld FOR PUBLIC USE Tl::IE OFFER OF DEDICATION DF Al,.L PUBLIC UTILITY EASEMEJIITS, Wf TER LI� EASEMENTS AND PUBLIC ACCESS EASEMENTS AS SHOWN ON THIB PARC£L it IW •CCORDANCE WITH CHAPTER 16, ARTICLE 6 Of THE STOCKTON MUNICIPAL 4.Q�
f:. AlilO AIIIY AM� � �.

APPLICABLE AT THE TIMt OF APPROVAL OF .THE l'ENTI. UW M DATED THIS DAY OF -----�� 2025

KA THERINE ROLAND, CMC, CPMC

CITY CLERK

COUNTY SURVEYOR'S STATEMENT
I, JAMES E. HART, HEREBY STATE THAT I HAVE EXAMINED THIS PARCEL MAP AND IT COMPLIES WITH ALL mt PROVISIONS OF CHAPTER 2 OF THE CALIFORNIA SUBDIVISION MAP ACT, AS AMENDED, AND THAT THIS PARCEL MAP IS TECHNICALLY CORRECT.

DATED THIS \1
1H
DAY OF Jfit.J!JA�Y
£!!!f lJAMES E.
l'l4
HART, L.S. 8657

COUNTY SURVEYOR

RECORDER'S STATEMENT
, 2025
FILED THIS ___ DAI\" OF __ �-----'
BOOK ____ OF PARCEL MAPS, AT PAGE
ENGINEERING.

FEE! $. ____ _
B.Y:
2025, AT _____ M., IN

AT THE REQUEST OF RSC
STEVE J. BESTOLARIDES

ASSESSOR-RECORDER-COUNTY CLERK

ASSISTANT/DEPUTY RECORDER
SHEET 1 OF 4 SHEETS
EXHIBIT 2
483

EXISTING EASEMENTS
@ USA EASEMENT PER BOOK 1568 OF OFFICIAL RECORDS,
PAGE 33, S.J.C.R. (NAP)
@ PG&E EASEMENT PER BOOK 1982 OF OFFICIAL RECORDS,
PAGE 129, S.J.C.R.
© USA EASEMENT PER BOOK 2551 OF OFFICIAL RECORDS,
PAGE 269, S.J.C.R. (NAP)
@ INGRESS AND EGRESS EASEMENT PER D.N. 2004-273781, S.J.C.R. ® NO-BUILD EASEMENT PER D.N. 2004-273781, S.J.C.R.
® PUE PER (R1)
@ CROSS ACCESS EASEMENT PER D.N. 2024-029837, S.J.C.R.
__________ N89"05'08"EfR) i_�
N89"19' 47"E{Rl
r--------- -
, R=990.00' t.=0"33' 44" L=9. 72'(R1 )(R2)(R4)
1 CH=N00"38'00"W 9. 72'(R1 )(R2)
t.=0"19'05" L=5.50'(R4)
CH=N00"30'41"W 5.50'
SNF, MONUMENT PER (R1 )(R2)(R4)
DETAIL "A"
SCALE: 1 "=20'

PARKWAY
SNF. MONUMENT
---707 .2_0'(R1 )(R2)(R_4.c...) __ _ _0rp
E
� �)(R2)
I
PARCEL MAP COS 24-04
BEING A SUBDIVISION OF PARCEL 1,

DESIGNATED

REMAINDER

9.111± AC.
-..,.
: N89
°
38'51 "E
co �64.00' (TIE)
I
I --
N88
°
16'04 "W 75. 07'(R2)(R3)---I

AS SHOWN ON THAT CERTAIN PARCEL MAP FILED
IN BOOK 23 OF PARCEL MAPS, AT PAGE 62
LYING IN A PORTION OF SECTION 1, T.2 N., R.5 E., M.D.M.

CITY OF STOCKTON, COUNTY OF SAN JOAQUIN

STATE OF CALIFORNIA
JANUARY 2025
1420 ROCKY RIDGE DR.

Suite 150
Roseville, CA 95661
Ph: 916. 788.2884
Fax: 916. 788.4408
LEGEND
0 •
CH
D.N.

SET 5/8" x 30" REBAR WITH CAP "LS 7375" OR
SET MAG NAIL WITH 1-1/2" WASHER "LS 7375"
FOUND 3/4" IRON PIPE WITH PLUG "LS 6953" PER (R2)(R3)
FOUND 3/4" IRON PIN IN MONUMENT WELL PER (R1)
SET 2" CAPPED IRON PIPE "LS 7375"

CENTERLINE

CHORD BEARING & LENGTH

DOCUMENT NUMBER
S.J.C.R. SAN JOAQUIN COUNTY RECORDS

PAE PUBLIC ACCESS EASEMENT

PUE PUBLIC UTILITY EASEMENT

WLE WATER LINE EASEMENT
(R) RADIAL LINE
AC. ACRES

NAP NOT A PART
- - - - N00"17'25"E 79.9-7'(R2)(R3) -l-T �\
SNF
w.c.

SEARCHED, NOT FOUND

WITNESS CORNER
,� t-).
\:;
u>,
\(<\

REFERENCES
(R1) BOOK 22 OF PARCEL MAPS, AT PAGE 119
(R2) BOOK 22 OF PARCEL MAPS, AT PAGE 184
(R3) BOOK 23 OF PARCEL MAPS, AT PAGE 62
(R4) BOOK 25 OF PARCEL MAPS, AT PAGE 145
NOTES

1. THE AREA CONTAINED WITHIN THE BOUNDARY
OF THIS PARCEL MAP IS 8.869± ACRES.
-------------------L2. ALL DISTANCES SHOWN HEREON ARE IN U.S.

SURVEY FEET AND DECIMALS THEREOF.

3. ALL BEARINGS AND DISTANCES SHOWN HEREON
ARE MEASURED UNLESS OTHERWISE NOTED.
1211.94'(R3)
LANDS OF AGS BUSINESS CENTER ASSOCIATION �
PARCEL 4, 22 P.M. 184
-----------------------------------------------------

CURVE TABLE
CURVE # RADIUS DELTA LENGTH CHORD BEARING & LENGTH
C1 19.50'(R3)(R4) 29"45'08"(R3)(R4) 10.13'(R3)(R4) S46"01 'Q6"W 10.01 '(R3) C2 19.50'(R3)(R4) 44"1 Q'33"(R3)(R4) 15.03'(R3)(R4) s11 ·43'3o•w 14.67'(R3) C3 65.00' t.=36°
07'38" 40.98' Nl8°
20'32"E 40.31'
C4 55.50'(R3)(R4) 49"58' 45"(R3)(R4) 48.41 '(R3)(R4) N45° 01 '06"W 46.89'(R3)
cs 714.00'(R3) 1 "34'18" 19.58' N30"31'01"W 19.58'
D.D. SHEET NO. 29A
R=714.00'

MOKELUMNE
N58"41'52"E{Rl
t.=0"00'02" L=O. 01' \
N31"18'09"W 0.01'
N58"41 '50"E(R)
CIRCLE
-- N00"17'25"E 1179.59' --B
N00"17'17"E 1179.59'
DETAIL "B"

NOTTO SCALE

BASIS OF BEARINGS

THE BASIS OF BEARINGS FOR THIS PARCEL MAP IS THE WEST BOUNDARY OF PARCEL 1, AS SHOWN ON THE PARCEL MAP FILED ON OCTOBER 20, 2004 IN BOOK 23 OF PARCEL MAPS, AT PAGE 62, SAN JOAQUIN COUNTY RECORDS, THE BEARING OF WHICH IS GIVEN AS N00"17'25"E BETWEEN FOUND MONUMENTS SHOWN HEREON.
80 40 0 80
SCALE: 1" = 80'
160
SHEET 2 OF 4 SHEETS
EXHIBIT 2
484
I

EXISTING EASEMENTS
@ INGRESS AND EGRESS EASEMENT PER D.N. 2004-273781, S.J.C.R. © NO-BUILD EASEMENT PER D.N. 2004-273781, S.J.C.R.
® PUE PER (Rl)
@ CROSS ACCESS EASEMENT PER D.N. 2024-029837, S.J.C.R.

PARCEL A
D.D. SHEET NO. 29A
� OF 10' PUE

PARCEL B
w
::>
a.
-------------
--/
---- ------------- I
/
- ::::::::.--- - - - -
------- --------
DETAIL
SCALE: 1"=20'
SEE SHEET 4 OF 4
PARCEL MAP COS 24-04
BEING A SUBDIVISION OF PARCEL 1,

AS SHOWN ON THAT CERTAIN PARCEL MAP FILED
IN BOOK 23 OF PARCEL MAPS, AT PAGE 62
LYING IN A PORTION OF SECTION 1, T.2 N., R.5 E., M.D.M. 0 ...,

CITY OF STOCKTON, COUNTY OF SAN JOAQUIN

STATE OF CALIFORNIA
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JANUARY 2025
1420 ROCKY RIDGE DR.

Suite 150
Roseville, CA 95661
Ph: 916. 788.2884
Fax: 916. 788. 4408
20 10 0 20
SCALE: 1" = 20'

PARCEL D
40 SHEET 3 OF 4 SHEETS
EXHIBIT 2
485

EASEMENT HOLDERS OF RECORD
PURSUANT TO SECTION 66436 OF THE CALIFORNIA SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING PARTIES HAVE BEEN OMITTED.

PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION, HOLDER OF AN

EASEMENT FOR TRANSMISSION OF ELECTRICAL ENERGY AND COMMUNICATION PURPOSES, RECORDED AUGUST 2, 1957 IN BOOK 1982, PAGE 129, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY.

A.G. SPANOS CONSTRUCTION, INC., A CALIFORNIA CORPORATION, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS, RECORDED ON NOVEMBER 30, 2004, AS DOCUMENT #2004-273781, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY.

STOCKTON PARK WEST PLACE, L.P., AN ARIZONA LIMITED PARTNERSHIP, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS AND A NO-BUil T EASEMENT, RECORDED ON NOVEMBER 30, 2004, AS DOCUMENT #2004-273781, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY.

WAL-MART REAL ESTATE BUSINESS TRUST, A DELAWARE STATUTORY TRUST, HOLDER OF

A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS, RECORDED ON APRIL 11, 2024, AS DOCUMENT #2024-029837, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY.

D.D. SHEET NO. 29A
PARCEL MAP COS 24-04
BEING A SUBDIVISION OF PARCEL 1,

AS SHOWN ON THAT CERTAIN PARCEL MAP FILED
IN BOOK 23 OF PARCEL MAPS, AT PAGE 62
LYING IN A PORTION OF SECTION 1, T.2 N., R.5 E., M.D.M.

CITY OF STOCKTON, COUNTY OF SAN JOAQUIN

STATE OF CALIFORNIA
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i:,:::

JANUARY 2025
1420 ROCKY RIDGE DR.

Suite 150
Roseville, CA 95661
Ph: 916. 788.2884
Fax: 916. 788.4408

EXISTING EASEMENT
® PUE PER (R1)
@ CROSS ACCESS EASEMENT PER D.N. 2024-029837, S.J.C.R.
20 10
s
0 20 40
1 ___ 1---,
SCALE: 1" = 20'
z -
SHEET 4 OF 4 SHEETS
EXHIBIT 2
486
City of Stockton
Legislation Text
File #: 25-0182, Version: 1

ADOPT A RESOLUTION TO APPROVE THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT 2024 ANNUAL REPORT, FISCAL YEAR 24/25 ASSESSMENTS, AND PROPOSED 2025

OPERATING BUDGET

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

1. Approving the 2024 Annual Report for Miracle Mile Property and Community Improvement District; and

2. Approving the Property Assessments for Miracle Mile Community Improvement District and Proposed 2025 Operating Budget and;

3. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.

Summary
Miracle Mile Property and Business Improvement District (MMPBID) was established in 2007 pursuant to the Property and Business Improvement District Law of 1994 (PBID Law) (Attachment A - Resolution No. 07-0310). On September 13, 2022, prior to the expiration of MMPBID in December 2022, City Council approved the formation of Miracle Mile Community Improvement District (MMCID) for a term of twenty years (Attachment B - Resolution No. 2022-09-13-1602). On January 1, 2023 MMCID was formed. A Community Improvement District is a flexible financing tool for creating private sector, self-governed management districts by levying new or increased assessments for properties and businesses within the district. These districts provide the means for enhanced maintenance, safety, marketing, management, and advocacy services.

On December 6, 2022, City Council executed an agreement with Miracle Mile Community Improvement District (Owners’ Association), a non-profit organization, to operate MMCID with responsibility for managing the community improvement district assessments and delivery of enhanced services. (Attachment C - Resolution 2022-12-06-1205). (For clarification, both the district and the entity managing the district are referred to as the MMCID, though they are separate legal entities). The contract has a 20-year term, beginning January 1, 2023, through December 31, 2042.

The Owners’ Association is required by contract to submit its annual report and proposed budget to the City Council for approval each year.

It is recommended that Council approve the MMCID 2024 Annual Report, the Fiscal Year 2024/2025 Assessments for City-owned property, and the MMCID 2025 Operating Budget (Exhibits 1, 2 & 3 to the proposed Resolution).

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File #: 25-0182, Version: 1

DISCUSSION
Background
Prior to January 1, 2023, the area within MMCID was part of MMPBID. On March 22, 2022, City Council revised Stockton Municipal Code Chapter 3.96 concerning the formation of Community Improvement Districts (CIDs) (Attachment D - SMC Ordinance No. 2022-03-22-1211). The City’s CID ordinance creates additional and alternative assessment district procedures to those provided under the PBID Law. A CID is a community-driven partnership with the City to improve the quality of life in neighborhoods by acting as a catalyst for creating private-sector, self-governed management districts. These districts provide the resources for enhanced maintenance, safety, marketing, management, and advocacy services through property assessments.

MMCID includes 143 parcels located along the Miracle Mile (Pacific Avenue) (Attachment E - MMID Boundary Map), 91 property owners, and over 160 businesses. MMCID provides supplemental services to Miracle Mile commercial corridors, including enhanced maintenance, public security, safety, marketing, promotions, advocacy, and management.

Present Situation
Pursuant to the Management Plan, MMCID has submitted its 2024 Annual Report.

Below are some of MMCID’s 2024 accomplishments:
· Launched the Security Camera Monitoring Program, successfully installing 28 cameras in conjunction with the launch of the Safety Ambassador Program, which combines camera monitoring with on-the-ground engagement.
· Increased social media marketing: 18% follower increase on Instagram, 691 new followers on Facebook.
· Enhanced security: New partnership with Calidad Security Services and Stockton Police Department with 5,840 total hours of patrol.
· Enhanced maintenance: Garbage clean-up and removal seven days a week, hand watering of trees and plants weekly, and district-wide sidewalk pressure washing every six weeks. · Acquisition of 231 Bedford for the development of a maintenance sub-station which will also serve as a location for the MMCID office.

In 2025, MMCID will continue its efforts to create a safe environment, protect property owner investments, and strive to raise property values; focusing on a clean, safe, and attractive district.

Some of the 2025 goals include:
· Miracle Mile pedestrian safety advocacy: acquisition of maintenance substation, phase 3 security camera expansion, and city parking lot resurfacing projects. · Miracle Mile marketing and walkability enhancements: street banner replacement funding, pedestrian lighting improvements, and façade improvement facilitation.

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File #: 25-0182, Version: 1

FINANCIAL SUMMARY
MMCID’s operating budget consists of property assessments and other sources. The property assessments are paid directly to the County by private property owners as part of their tax bill, while the City pays its assessments directly to MMCID. The Owners’ Association, as the administrator of the improvement district, will provide direct billing to the County to receive these revenues. The City will not act as an intermediary to request payments on behalf of MMCID.

The estimated income from all property assessments to be paid to MMCID during 2025 is $249,019.

The annual assessments for City-owned parcels within MMCID is $23,630 and is budgeted in and paid from the Administrative Services General Fund, General Administration Division, and Tax Collection Costs program account.

The amount is budgeted within the respective fund as part of the City’s Annual Operating Budget. As a property owner within the Miracle Mile, the City is obligated to pay the designated assessments.

There is no financial impact to the City’s General Fund as a result of this action.

Attachment A - Resolution No. 07-0310
Attachment B - Resolution No. 2022-09-13-1602
Attachment C - Resolution No. 2022-12-06-1205
Attachment D - SMC Ordinance No. 2022-03-22-1211
Attachment E - MMCID Boundary Map
City of Stockton Page 3 of 3 Printed on 3/27/2025
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ATTACHMENT A
490

ATTACHMENT A
491

ATTACHMENT B
492

ATTACHMENT B
493

ATTACHMENT B
494

BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL
N

HUNTER ST
N

COMMERCE ST
N

HUNTER ST
N

SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL
N

EDISON ST

LOMITA AVE
N

KENSINGTON WAY

CRAFTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY
N

LINCOLN ST
N

HARRISON ST
N

VAN BUREN ST
N

MONROE ST
N

MADISON

W WILLOW ST

W VINE ST
N

CENTER ST
N

COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST
N

EL DORADO ST
N

SAN JOAQUIN ST
N

HUNTER WAY

DWIGHT WAY
N

CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

W ALPINE AVE
020
070
050
170
180
350
320
270
370 25
260 0
380
390
010
020
230
240
250
260
250
120
270
260
110
050
080 040
070
060
010
050
100
090
080
060
070
160
030
040
160
150 180
110 120
055
001 160 190
020
010
31 0
420
220
200 210
230
040
560
570
550
160
150
140
030
010 040
080
070
090
060
040
050
010
100
170
160
100
390 370
410
210
230
250 070
080
090
100
120
040
360
370
390
380
35 0
340
060
020
030
040
050
010
010
020
030
040
050
070
400
020
03 010
020
010
007
020
0 250 500 1,000
Feet
364
363
354
050
040
030
020
290
320
240
340 380
010
030
060
030
110
070
060
070
070 070
050
041
042
020
095
080
080
070
570
310 330
340
010
350 340
030
020
030
010
370
010
360
350
340
020 030
040
040
040
010
210
030
020
170
540 W HARDING WAY

PACIFIC WAY

PACIFIC WAY
070
330
320
020
020
0 0
30 20
010
170
280
050
300
018
310
017
060 060
070
080
LEGEND

PACIFIC WAY

PACIFIC AVE
N

EL DORADO ST

W NOBLE

W MAPLE ST
N

COMMERCE ST
N

CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
EXHIBIT 1
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022

ATTACHMENT B
495

ATTACHMENT B
496

ATTACHMENT B
497

ATTACHMENT B
498

ATTACHMENT B
499

ATTACHMENT B
500

ATTACHMENT B
501

ATTACHMENT B
502

ATTACHMENT B
503

ATTACHMENT B
504

ATTACHMENT B
505

ATTACHMENT B
506

ATTACHMENT B
507

ATTACHMENT B
508

ATTACHMENT B
509

ATTACHMENT B
510

ATTACHMENT B
511

ATTACHMENT B
512

ATTACHMENT B
513

ATTACHMENT B
514

ATTACHMENT B
515

ATTACHMENT B
516

ATTACHMENT B
517

ATTACHMENT B
518

ATTACHMENT B
519

ATTACHMENT B
520

ATTACHMENT B
521

ATTACHMENT B
522

ATTACHMENT B
523

ATTACHMENT B
524

ATTACHMENT B
525
 
 
 
 










 

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ATTACHMENT B
528














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ATTACHMENT C
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ATTACHMENT C
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EXHIBIT 1
1 AGREEMENT BETWEEN THE CITY OF STOCKTON

AND THE MIRACLE MILE IMPROVEMENT DISTRICT

RELATIVE TO THE MIRACLE MILE COMMUNITY

IMPROVEMENT DISTRICT (MMCID)
This Agreement is entered into on January 1, 2023, by and between the CITY OF STOCKTON, a municipal corporation (herein “CITY”), and MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT, DBA THE MIRACLE MILE IMPROVEMENT DISTRICT, a California nonprofit corporation (herein the “Owners’ Association”).

RECITALS
On March 22, 2022, the City Council adopted an ordinance amending Title 3, Chapter

3.96, sections 3.96.020 and 3.96.030 and adding sections 3.96.040, 3.96.050, 3.96.060,

3.96.070, 3.96.080, 3.96.090, 3.96.100, 3.96.110, 3.96.120, and 3.96.130 of the Stockton Municipal Code, relating to the establishment of Community Improvement Districts (Ordinance No. 2022-03-22-1211).

A Community Improvement District (CID) is a flexible financing tool to allow Stockton business districts new mechanisms to establish innovative ways of attracting, retaining, and expanding their businesses to remain competitive with other areas of the region. The formation of a CID is authorized under the City of Stockton’s Community Improvement District Ordinance 2022-03-12-1211 (SMC Ordinance #2022-03-22-1211), upon tabulation of ballots at a public hearing. If the ballots in favor of the CID formation exceed the opposition (weighted by the amount of the assessment) the city may adopt a resolution for the formation of the CID.

On May 24, 2022, the City Council adopted a Resolution of Intention for the formation of the Miracle Mile Community Improvement District (MMCID) and authorized the City Manager to set a date for a public hearing to tabulate the ballots (Resolution No. 2022-05- 24-1503).

On September 13, 2022, the City Council conducted a public hearing and, upon tabulation of the ballots with 76% of the votes in favor, adopted a resolution to approve the formation of the MMCID (Resolution No. 2022-09-13-1602), a map of the MMCID boundary is attached hereto as Exhibit “A”.

The Owners’ Association was established to support activities and improvements for the assessed properties, including enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration throughout the MMCID.

The City and the Owners’ Association wish to formalize respective roles and responsibilities with regards to maintenance within the MMCID, to ensure that the City continues to provide “baseline” City services, and the addition of privately contracted enhanced services is provided over and above, rather than supplanting, the current levels of City services.

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2 The Owners’ Association represents a large number of property owners within the MMCID and is instrumental in the establishment and formation of the MMCID and has the capacity to manage the District Improvements to be provided by the MMCID.

City and Owners’ Association desire to enter into this Agreement to set forth the roles and responsibilities to each party with respect to providing the District Improvements and administering the MMCID in accordance with the adopted Management District Plan.

AGREEMENT
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. DEFINITIONS. Certain terms are defined in the heading and recitals to this agreement. In addition to those definitions, as used in this Agreement, the following definitions shall apply:
a. Management District Plan & Engineer’s Report. The document entitled “Management Plan and Engineers Report” dated April 18, 2022, and April 19, 2022, respectively, adopted by the City Council on May 24, 2022 (Resolution No. 2022-05-24-1503) and incorporated herein to this Agreement by reference. b. District Improvements. The improvements (or services) to be provided by the Owners’ Association including civil sidewalks (clean & safe), district identity & placemaking, administration & district management, and contingency & reserve as described in the Management District Plan.
c. Benefit Zones. An area of land within the MMCID boundary designated to receive a specific level of District improvements. The four Benefit Zones are identified in Exhibit “A” and further described in the Management District Plan and Engineer’s Report.

2. OWNERS’ ASSOCIATION OBLIGATIONS. The Owners’ Associations’ obligations under this Agreement shall be as follows:
a. Provide District Improvements. The Owners’ Association shall provide, manage, and administer all District improvements for 20 years as indicated in the Management District Plan, during the following time periods:

Year 1 January 1, 2023 through December 31, 2023
Year 2 January 1, 2024 through December 31, 2024
Year 3 January 1, 2025 through December 31, 2025
Year 4 January 1, 2026 through December 31, 2026
Year 5 January 1, 2027 through December 31, 2027
Year 6 January 1, 2028 through December 31, 2028
Year 7 January 1, 2029 through December 31, 2029
Year 8 January 1, 2030 through December 31, 2030
Year 9 January 1, 2031 through December 31, 2031
Year 10 January 1, 2032 through December 31, 2032

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3 Year 11 January 1, 2033 through December 31, 2033
Year 12 January 1, 2034 through December 31, 2034
Year 13 January 1, 2035 through December 31, 2035
Year 14 January 1, 2036 through December 31, 2036
Year 15 January 1, 2037 through December 31, 2037
Year 16 January 1, 2038 through December 31, 2038
Year 17 January 1, 2039 through December 31, 2039
Year 18 January 1, 2040 through December 31, 2040
Year 19 January 1, 2041 through December 31, 2041
Year 20 January 1, 2042 through December 31, 2042
b. Budget & Annual Reports. The Owners’ Association shall submit to the City, for review, comment, and approval, an annual report describing the MMCID improvements and accomplishments for the previous year and proposed budget for each upcoming year of operation. At formation of the district, the Owners’ Association will submit the newly formed MMCID budget for 2023 on or before December 15, 2022. In year 1, the Owners’ Association shall submit the final former MMPBID accomplishments and annual report and the newly formed MMCID district goals on or before March 1, 2023. Subsequent yearly budgets shall be submitted on or before January 1
st for years 2-20.
c. Financial Statements. The Owners’ Association shall submit a statement of income and expenses of the MMCID, reviewed by a Certified Public Accountant, covering the previous calendar year on or before March 1, 2024 for year 1 (2023), and March 1st for each year thereafter. Within thirty (30) days of written request of the City, the Owners’ Association shall provide all other financial information in relation to the MMCID as may be reasonably requested from time to time. The Budget Reports for years 2-20 shall declare the budget surplus (or deficit) for the prior year.
d. Subcontracting. The Owners’ Association shall let and administer all subcontracts necessary for providing the MMCID Improvements. In all subcontracting, the Owners’ Association shall follow competitive bidding procedures unless the Owners’ Association has documented that it is necessary to award a subcontract on a negotiated basis to assure the provisions of adequate improvements at the most advantageous cost.
e. Work in the Public Right-of-Way. The Owners’ Association shall comply with all federal, state, and local laws and shall secure all necessary permits and authorizations pertaining to work within the public right-of-way including, but not limited to, sidewalks, alleys, streets, public easements, public buildings, and public parking areas and garages.
f. Maintain Database. The Owners’ Association shall maintain a complete database of all parcels, building square footages, and linear frontage footages of assessed properties within the MMCID. Said database shall be updated at least once each year during MMCID operations to reflect changed conditions and to accurately reflect status of assessed parcels. Owners’ Association shall provide a copy of the database with the submittal of the Budget Reports

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4 described in section 2.b. above.
g. Indemnify and Hold Harmless. To the fullest extent permitted by law, Owners’ Association shall hold harmless, defend at its own expense, and indemnify the City, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of Owners’ Association or its officers, agents, or employees in rendering services under this Agreement; excluding, however, such liability, claims, losses, damages, or expenses arising from the City’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this Agreement. h. Insurance Requirements. Owners’ Association shall maintain insurance in the form identified in Exhibit “B”.

3. CITY OBLIGATIONS. The City’s obligations under this Agreement shall be as follows:
a. Owners’ Association Administration. The City shall provide administration of the annual MMCID proceedings, including preparation of the annual City Council reports.
b. Billing and Collecting. The City will coordinate the annual levy process and collecting of assessments directly with the County of San Joaquin. c. Payments to the MMCID. The annual MMCID assessment will be collected with the regular County property taxes. The MMCID will provide direct billing to the County in order to receive these revenues. The City will not act as an intermediary to request payments on behalf of the MMCID. d. Annual City Contribution. The City will make an annual contribution to the MMCID for the assessments of city owned properties within the MMCID. The City’s contribution will be an aggregate sum based on the number, size, and location of City-owned properties within the MMCID and the annual assessment rates. The City’s contribution for the Year 1 of operation (2023), is estimated to be $21,639.84. The City’s contribution will be paid to the Owners’ Association by March 31
st of each year thereafter of MMCID operation based upon the assessment amount approved in the annual Council authorization for appropriation of the MMCID annual report, budget, and financials. e. City commitment to maintain baseline services. The City shall agree to maintain a level of City services to the MMCID boundary that allows for asset sustainability, and not supplant these services. The intent is not to supplant baseline City services currently provided within the City right-of- way with services to be provided by the MMCID Management District Plan. However, such maintenance of services shall be subject to the discretionary actions of the City Council.

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5 f. City contract for Owners’ Association services. The City may enter into contracts for services to request that the Owners’ Association provide certain maintenance functions for City-owned facilities or public right-of-way located within the MMCID.

4. GOVERNANCE
Assignment and Assumption. As provided in the Management District Plan, a new public benefit non-profit corporation may be established after formation of the MMCID to manage the MMCID. Pursuant to an assignment and assumption agreement between the City, Owners’ Association, and the new public benefit non-profit corporation, the rights, obligations, and responsibilities of the Owners’ Association may be assigned to and assumed by the new public benefit non-profit corporation, which shall thereafter serve as the owners’ association of the MMCID. The City Manager of the City is empowered to execute such an assignment and assumption agreement on behalf of the City.

5. GENERAL PROVISIONS
a. Notices. Any notice, tender, delivery, or other communications pursuant to the Agreement shall be in writing and shall be deemed to be properly given when delivered or mailed in the manner provided in this paragraph to the following persons:

City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
Miracle Mile Improvement District
Attn: Executive Director
PO Box 4016
Stockton, CA 95204
Any party may change that party’s address for these purposes by giving written notice to the change to the other parties in the manner provided in this section.

If sent by mail, any notice, delivery, or other communication shall be effective or deemed to have been given 48 hours after it has been deposited in the United States mail, with postage prepaid, and addressed as set forth above. b. Term and Termination. The term of this Agreement shall be from the date of execution first noted through December 31, 2042. The Owners’ Association may recommend to the City Council an extension of the termination date to allow the expenditure of remaining budgeted funds for improvements in the event all MMCID funds are not received and spent by December 31, 2042. Said extension, if any, shall be at the sole discretion of the City Council. Following termination, the Owners’ Association shall, as expeditiously as reasonably possible, terminate all activities of the MMCID, pay all obligations and costs of administration incurred on behalf of the MMCID, and return all remaining

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EXHIBIT 1
6 MMCID funds to the City. Thereafter, the City shall return remaining MMCID funds to the owners of the assessed properties in amounts proportionate to the amounts of assessments they paid for the MMCID.
c. Attorney’s Fees. If the services of any attorney are required by either party to secure the performance of this Agreement, or otherwise upon the breach of the default of either party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs, and other expenses, in addition to any other relief to which such party may be entitled. d. Governing Law. This Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California.
e. Waiver. The waiver by any party to this agreement of breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of that or any other provisions of this Agreement. f. Entire Agreement. This document, including all Exhibits, contains the entire Agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. g. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on this date first set for the above.

CITY OF STOCKTON, MIRACLE MILE CID, dba MIRACLE
a Municipal Corporation MILE IMPROVEMENT DISTRICT,
a California non-profit corporation
BY:

Harry Black
BY:

City Manager NAME:

TITLE:

APPROVED AS TO FORM:

By
Lori M. Asuncion, City Attorney

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EXHIBIT 1
7 Exhibit “A” MMCID Boundary Map

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EXHIBIT 1
8 Exhibit “B”
Insurance Requirements
Owners’ Association 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 and the results of that work by the Owners’ Association, its agents, representatives, employees or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office 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 or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability (AL): ISO Form Number CA 00 01 covering any auto (Code 1), or if Owners’ Association has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers Compensation: 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.

If the Owners’ Association maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Owners’ Association. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
 Additional Insured Status
The City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers are to be covered as additional insureds on the CGL and AL policy with respect to liability arising out of work or operations performed by or on behalf of the Owners’ Association 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 Owners’ Association 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 and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its Mayor, Council, officers,

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EXHIBIT 1
9 representatives, agents, employees and volunteers.” Policy shall cover City of Stockton, its Mayor, Council, officers, representatives, agents, employees, and volunteers for all locations work is done under this contract.  Primary Coverage
For any claims related to this contract, the Owners’ Association insurance coverage shall be endorsed as primary insurance as respects the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its Mayor, Council, officers, representatives, agents, employees and volunteers shall be excess of the Owners’ Association insurance and shall not contribute with it. The City does not accept endorsements limiting the Owners’ Association insurance coverage to the sole negligence of the Named Insured.  Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
 Waiver of Subrogation
Owners’ Association hereby grants to the City a waiver of any right to subrogation which any insurer of said Owners’ Association may acquire against the City by virtue of the payment of any loss under such insurance. Owners’ Association agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.  Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Stockton Risk Services. The City may require the Owners’ Association to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII if admitted to do business in the State of California; If not admitted to do business in the State of California, insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A+:X.
 Claims Made Policies
If any of the required policies provide claims-made coverage:
o The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

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10 o If Claims Made policy form is used, a three (3) year discovery and reporting tail period of coverage is required after completion of work.  Verification of Coverage
Owners’ Association shall furnish the City with original certificates and amendatory endorsements required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. Failure to obtain the required documents prior to the work beginning shall not waive the Owners’ Association obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time, for any reason or no reason.

Owners’ Association shall, prior to the commencement of work under this Agreement, provide the City with a copy of its Declarations Page and Endorsement Page for each of the required policies.
 Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
 Certificate holder address
Proper address for mailing certificates, endorsements and notices shall be:

City of Stockton
400 E. Main Street, 3rd Floor – HR
Attn: City Risk Services
Stockton, CA 95202
City of Stockton Risk Services Phone: 209-937-5037
City of Stockton Risk Services Fax: 209-937-8558
 Maintenance of Insurance
If at any time during the life of the Contract or any extension, the Owners’ Association fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for the CITY to terminate this Contract.
 Subcontractors
If the Owners’ Association should subcontract all or any portion of the work to be performed in this contract, the Owners’ Association shall cover the subcontractor, and/or require each sub- contractor to adhere to all subparagraphs of these Insurance Requirements section. Similarly, any cancellation, lapse, reduction or change of sub- contractor’s insurance shall have the same impact as described above.

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7 CID Boundary Map

ATTACHMENT E
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION ADOPTING THE PROPOSED 2025 ANNUAL OPERATING BUDGET AND APPROVING THE 2024 ANNUAL REPORT FOR MIRACLE MILE COMMUNITY

IMPROVEMENT DISTRICT
Miracle Mile Community Improvement District (“MMCID”) is a community improvement district within the City, duly formed pursuant to Stockton Municipal Code (“SMC”) Chapter 3.96 and as approved by the City Council, with a term beginning January 1, 2023; and
MMCID was previously operated as Miracle Mile Property and Business Improvement District (“MMPBID”), which began operations in January 2007 and terminated on December 31, 2022; and
A nonprofit corporation named Miracle Mile Community Improvement District (“Owners’ Association”) was established to promote and maintain MMCID as its owners’ association; and
The City Council approved an agreement on December 6, 2022, with the Owners’ Association to operate and manage MMCID for a 20-year term (the “Management Agreement”), effective January 1, 2023, and expiring December 31, 2042; and The Management Agreement requires submission to the City Council for approval of the annual report on activities pertaining to MMCID and the annual operating budget and; now, therefore,

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

1. The City Council hereby approves the MMPBID 2024 Annual Report (Exhibit 1), the Fiscal Year 2024/2025 Assessments for City-owned property in the amount of $23,630 (Exhibit 2), and the MMCID 2025 Annual Operating Budget (Exhibit 3), copies of which are attached hereto and incorporated by reference.

2. The proposed amounts of assessments are in compliance with SMC Chapter 3.96 and those portions of California Streets and Highway Code Division 18, Part 7, the "Property and Business Improvement District Law of 1994," made applicable by SMC Chapter 3.96, and the charge is levied without regard to property valuations. //
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575

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

PASSED, APPROVED, and ADOPTED April 1, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC. CPMC
City Clerk of the City of Stockton
576
Miracle Mile

IMPROVEMENT DISTRICT
2024 ANNUAL REPORT
EXHIBIT 1
577
<<<<< 003
Annual Report 2024
Kimberly Byrd
Kimberly Byrd
Executive Director 2024
“Be the change you wish to
see in the world”
~ Mahatma Gandhi
The year 2024 marked the launch of our long-awaited security camera monitoring program, the culmination of several years of fundraising efforts for the Miracle Mile. We successfully installed 28 cameras along Pacific Avenue and Castle Street (Phases 1 and 2). In conjunction with this initiative, we also introduced our Safety Ambassador Program, which combines camera monitoring with on-the-ground engagement to enhance community safety. Phase 3, scheduled for early 2025, will expand the network of cameras north of Castle Street, extending all the way to Alpine Street.

Thanks to the dedicated efforts of Assemblymember Carlos Villapudua, who secured an additional $3.1 million in funding, the MMCID is using grant funds to acquire a Maintenance Substation on the Miracle Mile. This investment will not only boost public safety but also improve parking and maintenance infrastructure. The substation will provide a dedicated space for essential operations, including office space, parking, storage, and meeting areas. The thoughtfully planned layout will ensure efficient access to equipment and supplies, while supporting the management of security operations and district programs.

The MMCID Board of Directors will continue its advocacy, working closely with the City of Stockton to ensure that the Capital Improvement funds allocated to the Miracle Mile are properly and promptly delivered in accordance with AB-179. We are eager to see the outcomes of the Ad Hoc Committee’s recommendations, which focus on pedestrian crossing upgrades, public safety enhancements, and revitalization efforts for the Miracle Mile.

EXHIBIT 1
578
004 >>>>> <<<<< 005
Annual Report 2024 Annual Report 2024
The Miracle Mile
Annual Report is
digital!
Be sure your email
is on file with MMCID
for your copy!
Scan to
contact us
District Welcome 03
Index 05
Introduction 06
Mission – From the President 07
Board Officers 08
Board of Directors 09
District General Information 10
2024 Financial Review & 2025 Budget Comparison 11
Enhanced Safety & Security 12
Enhanced Maintenance 13
Social Media Marketing 14–15
Mile Events & Projects 16–18
Looking Ahead To 2025 & Beyond 19
index
EXHIBIT 1
579
006 >>>>> <<<<< 007
Annual Report 2024 Annual Report 2024
Jeffrey Gamboni
Board President 2024
For the Miracle Mile Community the year was filled with exciting developments and a wide range of events. The
beginning of 2024 brought the start of the planning for the safety improvements to be funded by AB 179. An
Ad-hoc Committee formed by the offices of our State
Representative Carlos Villapudua and co-chaired by Jean Callahan and Kevin Dougherty, spent hours in research,
field trips, public workshops, group sessions and subcommittee meetings with prodigious results: a two hundred and seventy-four-page document highlighting the shared vision for the new and improved Miracle Mile.

On November 26 the City issued requests for fee proposals from the six short-listed design firms. The responses
were due January 16 to be followed by the selection of a design team who will craft the design documents for the envisioned safety-oriented improvements. Stay alert for announcements to participate in focus groups and public hearings.

Additional funding was procured through AB 102 for improvements including additions to the security camera program, which was initiated last year to promote a safer, walkable neighborhood. Moreover, the funding financed the acquisition of 231 Bedford for the development of a maintenance sub-station which will also serve as a location for the MMCID office.

Moreover, last year we witnessed the long-anticipated completion of the safer crosswalk at Adams and Pacific and the City repaved three of our public parking lots.

Hopefully you were able to attend some of our events including our holiday Sip and Shop, our autumn Car Show, and our premier event, Taste of the Mile—Havana Nights—a wonderful evening with Avenuebased food and beverage offerings, and a silent auction followed by dancing under the stars.

All of this was possible because our Miracle Mile Community works together to accomplish great things.

Heartfelt thanks to everyone who supports these combined efforts, and we look forward to enjoying the exciting year ahead with all of you!
Introduction
The Miracle Mile Community
Improvement District (MMCID)
was formed as a community
benefit organization to improve
the safety, security, appearance,
and economic growth of the area.

The Miracle Mile District includes
all properties fronting Pacific
Avenue from Alpine to Harding,
and those businesses on Harding
Way from El Dorado Street to
Lincoln Street.

The Mission of the MMCID is
To foster the economic vitality,
value, and appeal of the Miracle Mile.
our district letter from the board president
There are NINETY-SEVEN property owners
within the district and over ONE HUNDRED SIXTY
businesses call the Miracle Mile home!
EXHIBIT 1
580
<<<<< 009
Annual Report 2024
008 >>>>>
Annual Report 2024
Jeffrey Gamboni
Property Owner
Board President
Jean Callahan
UOP Representative
Vice President
Juanita Pasley
Business Owner
Secretary
John V. Precissi
Property Owner
Treasurer
our board
officers
meet the directors
Rex Dhatt
Property Owner
January - December
Jovie Lor
Property Owner
January - December
MMID Board
Our board of directors
consists of thirteen (13)
members: seven (7)
property owners, three
(3) merchant business
owners and one (1)
appointed representative
from the Stockton
Unified School District,
the City of Stockton &
University of the Pacific
respectively.

The role of the volunteer
board is to set the annual
strategic plan for the
district, provide financial
oversight and give
direction, via vote, to the
Executive Director whom
is the sole compensated
individual of the
organization.

The Board of Directors
meets regularly on the
second Wednesday of
every month at 4:00pm.

Meeting locations and/
or virtual meeting details
are available in advance
on our district website.

Tammy Nguyen
Business Owner
January - December
Jason Laurenti
Business Owner
January - December
Lisa Whirlow
Property Owner
January - December
Yonie Young
Business Owner
January - December
Brian Wight
SUSD Representative
January - December
Manuel Guizar
Property Owner
January - December
Carrie Wright
COS Representative
January - August
EXHIBIT 1
581
0010 >>>>> <<<<< 0011
Annual Report 2024 Annual Report 2024

BEVERLY
EUCLID

STOCKTON
BAKER
DORRIS
ELM
MAPLE

NORTH TUXEDO

SOUTH CENTRAL

N HUNTER ST

N COMMERCE ST

N HUNTER ST

N SUTTER ST

E NOBLE

E GEARY

E HAMPTON ST

E ELM ST

SPERRY AVE

CONCORD AVE

ELIZABETH AVE

RAMONA AVE
CARMEL
BAKER
AVE
PL

N EDISON ST

LOMITA AVE

N KENSINGTON WAY

CRAFTON WAY

CRAFTON WAY

DWIGHT WAY NORTH CENTRAL

REGENT CT

ALLSTON WAY

REGENT CT

REGENT CT

BRISTOL AVE

SMITH LN

W MARIPOSA AVE

TUXEDO CT

SOUTH TUXEDO

LEXINGTON AVE

BEDFORD RD

W WALNUT ST

W HARDING WAY

N LINCOLN ST

N HARRISON ST

N VAN BUREN ST

N MONROE ST

N MADISON

W WILLOW ST

W VINE ST

N CENTER ST

N COMMERCE ST

W WALNUT ST

W ALDER ST

W WYANDOTTE ST

W CLEVELAND ST

W PINE ST

W ADAMS ST

E CASTLE ST

W GEARY ST

W ELLIS ST

W ARCADE ST

N EL DORADO ST

N SAN JOAQUIN ST

N HUNTER WAY

DWIGHT WAY

N CENTER STREET

W MONTEREY AVE

W MARIPOSA AVE

W MENDOCINO AVE

W SONOMA AVE

BONNIE LN

W ALPINE AVE
020
070
050 170
180
350
320
270
370 25
260 0
380 390
010
020 230
240
250
260
250
120 270
260 110
050 080 040
070
060
010
050
100
090
080
060
070
160
030 040
160 150 180
110 120
055
001 160 190
020
010
310 420
220 200 210
230
040 560
570 550
160 150
140
030
010 040
080 070 090 060 040
050
010
100
170
160
100
390 370
410
210
230
250 070
080 090 100
120 040
360
370
390
380
350
340
060
020 030 040 050
010
010
020
030
040
050
070
400
020 03 010
020
010
007
020
0 250 500 1,000
Feet
364
363
354
050
040
030
020
290
320
240
340 380 010
030
060
030
110
070
060
070
070 070
050
041
042
020
095
080
080
070 570
310 330
340
010
350 340
030
020
030
010 370
010 360
350
340
020 030
040
040
040
010
210 030
020
170 540 W HARDING WAY

PACIFIC WAY

PACIFIC WAY
070
330
320
020
020
0 0
30 0
20 10
170
280
050
300
018
310
017
060 060
070
080
LEGEND

PACIFIC WAY

PACIFIC AVE

N EL DORADO ST

W NOBLE

W MAPLE ST

N COMMERCE ST

N CENTER ST

W MONTEREY AVE

CENTRAL CT

DWIGHT WAY

E ELLIS ST

ARCADE ST

BONNIE LN

ALLSTON WAY
Benefit Zone 1
Benefit Zone 2
Benefit Zone 3
Benefit Zone 4
EXHIBIT 1
125
113
127
137
137
139
113
125
137
Miracle Mile - BZ Map
4/7/2022
Assessments Costs by Benefit Zone
Property
Variable Benefit Zone 1 Benefit Zone 2 Benefit Zone 3 Benefit Zone 4 Building Square
Footage $ 0.13 $ 0.07 $ 0.11 N/A
Lot/Parcel Size $ 0.13 $ 0.07 $ 0.11 N/A
Linear Frontage N/A N/A N/A $ 2.00
Assessments Costs by Benefit Zone
INCOME MMCID 2024
Budget
MMCID 2025
Budget
TOTAL ASSESSMENT INCOME $237,161 $249,019
SJC Assessment Income $194,034 $203,736
City of Stockton $22,505 $23,630
Stockton Unified School District $20,622 $21,653

NON-ASSESSMENT INCOME
Event Income $22,692 $57,000
Retained Earnings $129,450 $55,402
Interest Income $8 $800
TOTAL NON-ASSESSMENT INCOME $152,150 $113,202
TOTAL INCOME $389,311 $362,221
EXPENSE 2024 Budget 2025 Budget

CIVIL SIDEWALKS
Maintenance & Security Service
Contractor $143,520 $154,871
Waste Management $6,634 $10,584
Camera Monitoring $42,000 $56,980
Camera Hardware & Installation $80,000 $16,000
Contract Service Mgmt $11,040 $0
TOTAL CIVIL SIDEWALKS $283,194 60% $238,435
TOTAL DISTRICT IDENTITYPLACEMAKING
Events $0 $5,721
Banner $10,000 $0
Marketing & Advertising $20,800 $30,800
Website & Hosting $832 $832
Contract Service Mgmt $3,500
TOTAL DISTRICT IDENTITYPLACEMAKING $35,132 15% $37,353

ADMINISTRATION & DISTRICT

MANAGEMENT
Legal & Consulting Fees $1,500 $1,500
Accounting Services $6,000 $6,300
Liability - D&O Insurance $12,333 $13,922
Storage Lease $1,200 $600
Contract Service Management $39,600 $54,140
General Administrative $2,500 $2,500

ADMINISTRATION & DISTRICT
MANAGEMENT $63,133 22% $78,962

CONTINGENCY & RESERVE
CONTINGENCY & RESERVE $7,852 3% $7,471
TOTAL EXPENSE $389,311 $362,221
district information
The Miracle Mile Community
Improvement District (Miracle
Mile CID) is a community benefit
assessment district whose main goal is
to provide improvements and activities
which constitute and convey a special
benefit to assessed properties and
community.

In 2023 the Miracle Mile Property
and Business Improvement District
(MMPBID), began its transition to
become the Miracle Mile Community
Improvement District. Miracle Mile
CID, was established under Stockton
Municipal Ordinance # 2022-03-
22-1211 and California Streets and
Highway Code. Recognized by the
IRS as a 501(c)(3) tax exempt and
charitable public benefit organization.

Miracle Mile CIDs initial 20-year term
with renewal set for 2043.
cost
The assessment rate (cost to parcel
owner) is based on benefit zone,
building square footage and parcel
square footage. The initial annual rate
to each parcel is shown in the table to
the right.

Assessment rates will not be subject to
an increase over the current term.
2024 financial snapshot
profit & loss report
INCOME
ASSESSMENT $237,626
NON-ASSESSMENT $137,205
TOTAL INCOME $374,481

EXPENSES
CIVIL SIDEWALK $274,583
DISTRICT IDENTITY $93,326
DISTRICT MGMT & ADMINISTRATION $84,387
TOTAL EXPENSES $359,957
NET INCOME -$81,472*
2024 end of year
account balances
CHECKING ACCOUNT $31,637
DISTRICT RESERVE $15,402
CD $22,000
Detailed budget and financial reports are available on the district website in the monthly board meeting packets.

NOTE: The net income loss of -$81,472 does not include „ retained earnings“ of $129,450, which were used to fund certain security-related costs. Specifically, this included:

Security Camera Hardware: $67,907
Security Camera Monitoring: $28,000
Despite the loss, the MMCID has positive year end
balances of $47,039 in the cash accounts and $22,000
in a CD.
2024-2025 budget report
EXHIBIT 1
582
0012 >>>>> <<<<< 0013
Annual Report 2024 Annual Report 2024
enhanced maintenance
In 2024, we continued our partnership with the Downtown Stockton Alliance to maintain a clean and safe environment.

Garbage cleanup
and removal are
conducted seven days
a week, while trees
and plants are handwatered weekly. The
curbs and sidewalks
throughout the district
are pressure washed
every six weeks. The
maintenance crew
also manages graffiti
removal, street tree
trimming, and annual pre-emergent pest abatement.
546
hours spent
pressure
washing
sidewalks
217
shopping
carts
removed
9,783
bags of
garbage
removed 99 Calls To SPD/EMT
made by security guards for
immediate response
2,023 DSA Dispatched
205 Calls for Service
5,840 Dedicated
Hours of Patrol
The year also marked the launch of our longawaited security camera monitoring program, the result of several years of fundraising efforts
for the Miracle Mile. We successfully installed
28 cameras along Pacific Avenue and Castle
Street (Phases 1 and 2). In tandem with this, we
introduced the Safety Ambassador Program,
which combines camera monitoring with on-theground presence to enhance safety. Phase 3, scheduled for early 2025, will extend the camera
network north of Castle Street, all the way to
Alpine Street.
enhanced safety & security
2024 brought a major revamp to
our safety and security program.

We formed a new partnership
with Calidad Security Services
to provide remote camera
monitoring, alongside the
Downtown Stockton Alliance’s
Safety Ambassador program,
which offers boots-on-theground engagement. The rise
in the transient population and
incidents of vandalism has posed
significant challenges for our city,
with a direct impact on our small
business community.

EXHIBIT 1
583
0014 >>>>> <<<<< 0015
Annual Report 2024 Annual Report 2024
social media marketing year in review
We continued to build
our social media base,
on Instagram
and Facebook.

All growth, non-paid,
and organically
achieved.
+ 691
new followers
on FaceBook
>>>
2019 = 8,687
2020 = 9,494
2021 = 10,064
2022 = 10,424
2023 = 10,870
2024 = 11,561
>>>
2019 = 2,264
2020 = 5,607
2021 = 7,967
2022 = 9,144
2023 = 10,793
2024 = 13,149
+ 2,356
18% increase in
followers on Instagram
EXHIBIT 1
584
0016 >>>>> <<<<< 0017
Annual Report 2024 Annual Report 2024
2024tigers prowlin’
the mile
Holiday
Sip & Shop
Miracle Mile
Car Show & Concert
EXHIBIT 1
585
<<<<< 0019
Annual Report 2024
0018 >>>>>
Annual Report 2024
mile events schedule
• Taste of the Mile
JUNE 21
• Tigers Prowlin’ the Mile
AUGUST 22
• Miracle Mile Car Show & Concert

SEPTEMBER TBD
• Candy Crawl & Boo-Tique Market
OCTOBER 25
• Miracle Mile Holiday Sip & Shop
NOVEMBER 29
miracle mile pedestrian
safety advocacy
• acquisition of maintenance substation
• phase 3 security camera expansion
• city parking lot resurfacing projects
miracle mile marketing &
walkability enhancements
• street banner replacement funding
• pedestrian lighting improvements
• facade improvement facilitation
Taste of
the Mile
~ Havana
Nights
a look ahead to
2025 district objectives
EXHIBIT 1
586
ORGANIZATION NAME:

Miracle Mile Community Improvement District
MAILING ADDRESS:

PO Box 4016
Stockton, CA 95204

PHYSICAL ADDRESS
231 Bedford Road
Stockton, CA 95204
CONTACT INFORMATION:
[email protected]
(209) 623-1144
WEBSITE:
www.stocktonmiraclemile.com
January 2025
EXHIBIT 1
587
MAPKEY APN SITUS_ADDRESS OWNER_NAME LANDSIZE_SQFT
TOTAL_BLDG
_SQFT RATE
2025 PROP OWNER

ASSESSMENT
2 113290020000 3021 PACIFIC AV STOCKTON, CITY OF 148975 0.0764 $11,381.69 25 113354150000 221 W TUXEDO CT STOCKTON, CITY OF 10890 0.142 $1,546.38 44 113364060000 STOCKTON, CITY OF 3484 0.142 $494.73
45 113364070000 222 DORRIS PL STOCKTON, CITY OF 4356 0.142 $618.55 78 125060080000 STOCKTON, CITY OF 10018 0.142 $1,422.56 83 125070120000 STOCKTON, CITY OF 11325 0.142 $1,608.15 91 127020050000 145 W WYANDOTTE ST STOCKTON, CITY OF 11325 0.142 $1,608.15 100 127042040000 STOCKTON, CITY OF 10018 0.142 $1,422.56 106 127050040000 W ALDER ST STOCKTON, CITY OF 4791 0.142 $680.32 113 127060030000 STOCKTON, CITY OF 10018 0.142 $1,422.56 129 137020220000 STOCKTON, CITY OF 10018 0.142 $1,422.56 $23,628.20
EXHIBIT 2
588
INCOME 2025 Budget
TOTAL ASSESSMENT INCOME $249,019
SJC Assessment Income $203,736
City of Stockton $23,630
Stockton Unified School District $21,653

NON-ASSESSMENT INCOME
Event Income $57,000
Retained Earnings $55,402
Interest Income $800
TOTAL NON-ASSESSMENT INCOME $113,202
TOTAL INCOME $362,221
EXPENSE 2025 Budget

CIVIL SIDEWALKS
Maintenance & Security Service Contractor $154,871
Waste Management $10,584
Camera Monitoring $56,980
Camera Hardware & Installation $16,000
Contract Service Mgmt $0
TOTAL CIVIL SIDEWALKS 60% $238,435

TOTAL DISTRICT IDENTITY-PLACEMAKING
Events $5,721
Banner $0
Marketing & Advertising $30,800
Website & Hosting $832
Contract Service Mgmt
TOTAL DISTRICT IDENTITY-PLACEMAKING 15% $37,353

ADMINISTRATION & DISTRICT MANAGEMENT
Legal & Consulting Fees $1,500
Accounting Services $6,300
Liability - D&O Insurance $13,922
Storage Lease $600
Contract Service Management $54,140
General Administrative $2,500
ADMINISTRATION & DISTRICT MANAGEMENT 22% $78,962

CONTINGENCY & RESERVE
CONTINGENCY & RESERVE 3% $7,471
TOTAL EXPENSE $362,221
EXHIBIT 3
589
City of Stockton
Legislation Text
File #: 25-0034, Version: 1

ADOPT A RESOLUTION TO APPROVE THE DOWNTOWN STOCKTON PROPERTY AND BUSINESS IMPROVEMENT DISTRICT 2024 ANNUAL REPORT, FISCAL YEAR 24/25 ASSESSMENTS, AND PROPOSED 2025 OPERATING BUDGET

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

1. Approving the 2024 Annual Report for the Downtown Stockton Property and Business Improvement District; and

2. Approving the Proposed 2025 Operating Budget and Property Assessments for the Downtown Stockton Property and Business Improvement District; and

3. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.

Summary
The Downtown Stockton Property and Business Improvement District (DSPBID) is one of the oldest Property and Business Improvement Districts in California, having been established in 1997 (Attachment A - Resolution No. 97-0241) and most recently renewed in 2017 (Attachment B - Resolution No. 2017-07-25-1501). The City executed a contractual agreement with Downtown Stockton Alliance (DSA), a non-profit corporation, to manage and operate the DSPBID as its owners’ association for ten years beginning January 1, 2018 (Attachment C - Resolution No. 2017-11-07- 1105). DSA is responsible for developing the goals and preparing and managing the DSPBID’s annual budget. It is required under the contract that DSA provide the City Council with its operating budget and the annual report of accomplishments for approval each year. The 2024 Annual Report, Fiscal Year 2024/2025 Assessments, and the 2025 Operating Budget for the DSPBID are included as Exhibits 1, 2, and 3 to the proposed Resolution.

DISCUSSION
Background
The Property and Business Improvement District Law of 1994 authorizes local government entities to establish property and business improvement districts - a flexible financing tool for creating private sector, self-governed management districts - by levying new or increased assessments for properties and businesses within the district. These districts provide the means for enhanced maintenance, safety, marketing, management, and advocacy services.

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File #: 25-0034, Version: 1
The Downtown Stockton Property and Business Improvement District (DSPBID) was created in 1996 and the Downtown Stockton Alliance (DSA), consisting of the District’s “owner’s association,” was incorporated in 1996 as a 501(c)(6) to manage the DSPBID.

In 2017, the City Council adopted the Downtown District Management Plan and authorized an agreement with the DSA to manage the DSPBID for a ten-year term beginning January 1, 2018, through December 31, 2027.

Pursuant to the Property and Business District Law of 1994 and adopted Management Plan, DSA is required to submit its annual report and proposed budget to the City each year and report on the improvements, maintenance, and activities supported by the assessments. The annual report and proposed budget is subject to Council approval.

Present Situation
Pursuant to the Management Plan, DSA has submitted its 2024 Annual Report. During 2024, DSA continued to be a key partner in business support and economic recovery efforts in the aftermath of the pandemic.

Below are some of the DSPBID’s 2024 accomplishments:
· Completed 58 façades with the Business Façade Improvement Grant Program, funded by the City’s American Rescue Plan Act (ARPA) funds.
· Continued to administer San Joaquin County ARPA-funded programs, including the completion of 60 broken window repair reimbursements, 17 window wrap grants, and hosting the Downtown Stockton Entrepreneur Support Program.
· Approved two new loans through the Downtown Stockton Enterprise Loan Fund (DSELF) loan program.
· Continued to release episodes on Talk to Downtown with 12 new videos, which are now available in the podcast section on Spotify, and 6 new videos for Doorways to Downtown. · Increased DSA’s social media following, helping to raise awareness for activities and events in the downtown.
· Partnered with the City of Stockton, Stockton Ports, and Stockton Kings on two crosswalk mural projects.
· Partnered with the Miracle Mile Improvement District to expand the Community Ambassador Program to one of the gateways to downtown.
· Hosted two international interns through the Korea WEST exchange program and offered internship hours with an immersive experience in an American business setting. · Opened the Downtown Stockton Storefront - offering Downtown-branded tees, tanks, hoodies, hats, totes, and more, for those who want to support and help market Downtown Stockton. · Launched the San Joaquin County Façade Enhancement Grant Program, in partnership with the San Joaquin County Employment and Economic Development Department (EEDD) funded through ARPA.

DSA’s proposed 2025 operating budget includes nearly $1.3 million from property assessments and more than $1.37 million in other non-assessment income. The DSPBID assessments are paid to the City of Stockton Page 2 of 4 Printed on 3/27/2025
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County by the private property owners located within the District as part of their annual tax bill, while the City pays its assessments directly to DSA. The total assessments to be paid in 2025 are $1,297,824, which is accounted for in DSA’s proposed operating budget and will be administered accordingly.

In 2025, DSA is looking to continue its mission to maintain a clean, safe, and beautiful downtown for its businesses, residents, and visitors. DSA intends to continue its partnerships with the City of Stockton, San Joaquin County, and other public-private partnerships with local organizations to support economic recovery, economic growth, new businesses, attract tourists, and support ongoing cultural and community events. To commemorate the 100th anniversary of the Civic Auditorium, DSA plans to place banners of local veterans on light poles around the Stockton Memorial Civic Auditorium. Lastly, one of DSA’s major goals is to navigate the recertification process of the Property Improvement District into a Community Improvement District and expand its boundaries to continue its mission.

Staff recommends the adoption of the attached Resolution to approve the 2024 Annual Report (Exhibit 1), Fiscal Year 2024/2025 Assessments (Exhibit 2), and the proposed 2025 Operating Budget (Exhibit 3) for the Downtown Stockton Management District.

FINANCIAL SUMMARY
DSPBID’s operating budget consists of the property assessments and other sources. The property assessments are paid directly to the County by private property owners as part of their tax bill, then transferred to DSA, while the City pays its assessments directly to DSA. The estimated income from all property assessments to be paid to DSA in 2025 is $1,297,824.

The City of Stockton, Entertainment Venues, Parking Authority, and Successor Agency (formerly known as the Stockton Redevelopment Agency) pay property assessments to DSA for the respective parcels owned within the Downtown Stockton Management District. With the dissolution of the Stockton Redevelopment Agency in 2012, under Assembly Bill X1 26 (AB 26), the assessments on the Agency-owned properties were transferred to the Stockton Successor Agency, which is overseen by the Stockton City Council.

The annual assessments for the City-owned, Parking Authority-owned, and Successor Agencyowned parcels within the DSPBID are $382,262.46 as demonstrated in the table below:

Owner / Entity Fund Assessment Amount
City of Stockton Administrative Services General Fund $187,850.50 City of Stockton Entertainment Venues Fund $87,613.32
Parking Authority Parking $105,987.64
Successor Agency Successor Agency $811.00
Total $382,262.46
These amounts are budgeted within each respective fund as part of the City’s Annual Operating Budget. As a property owner within the Downtown, the City is obligated to pay the designated City of Stockton Page 3 of 4 Printed on 3/27/2025
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assessments. There is no financial impact other than the assessments due from City-owned properties, which totals $382,262.46 for calendar year 2025.

Attachment A - Resolution 97-0241
Attachment B - Resolution 2017-07-25-1501
Attachment C - Resolution 2017-11-07-1105
City of Stockton Page 4 of 4 Printed on 3/27/2025
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ATTACHMENT A
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ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE 2024 ANNUAL REPORT AND PROPOSED 2025

OPERATING BUDGET FOR THE DOWNTOWN STOCKTON PROPERTY AND

BUSINESS IMPROVEMENT DISTRICT
In 1996, the City Council established a property and business improvement district for downtown Stockton called the Downtown Stockton Property and Business Improvement District (DSPBID) pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code sections 36600 et seq.; and The DSPBID was established to provide new services and activities, including enhanced maintenance, public security and safety, and marketing and promotions beyond the City’s capacity; and
On May 23, 2017, the City Council adopted Resolution No. 2017-05-23-1401 to renew the DSPBID and the Downtown Stockton Management Plan; and On July 25, 2017, the City Council adopted Resolution No. 2017-07-25-1501 to contract with the Downtown Stockton Alliance (DSA) to manage the DSPBID for a ten-year period beginning January 1, 2018, through December 31, 2027; and The Management Agreement between the City of Stockton and DSA requires City Council approval of the annual report, assessments, and annual operating budget; and The DSPBID serves as an important economic development tool to promote and maintain Downtown Stockton; now, therefore,

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

1. The City Council hereby approves the 2024 Annual Report for activities performed by the Downtown Stockton Alliance in 2024 (Exhibit 1), the Fiscal Year 2024/2025 Assessments for City-owned property in the amount of $382,262.46 (Exhibit 2), and the proposed 2025 Operating Budget (Exhibit 3).

2. The proposed amounts comply with the “Property and Business District Law of 1994” and the charge is levied without regard to property valuations. //
//
//
//
682

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

PASSED, APPROVED, and ADOPTED April 1, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
683
DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 1

ANNUAL REPORT
2024
EXHIBIT 1
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2 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
EXHIBIT 1
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DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 3

BOARD OF DIRECTORS

LETTER FROM THE EXECUTIVE DIRECTOR

DSA STAFF

DOWNTOWN BY THE NUMBERS

OFFICE, OPERATIONS, & MAINTENANCE REPORT

COMMUNITY AMBASSADOR PROGRAM REPORT

ECONOMIC DEVELOPMENT REPORT

MARKETING DIVISION REPORT

PROJECTS MANAGEMENT REPORT

KOREA WEST PROGRAM
2024 & 2025 BUDGETS

SPECIAL EVENTS
GOALS FOR 2025
5 6
8 10
14 15
16 17
18 19
21 23
25 For decades, Downtown Stockton was an
urban core awaiting renaissance. Today, we
are experiencing new investment & business
openings, housing development, and an
explosion of cultural and arts initiatives.

The Downtown Stockton Alliance (DSA) is a
major partner contributing to environmental
improvements and economic development
downtown. We are an advocate for great
downtown projects, a partner in strategies for
promoting investment, and a liaison to many
community partners interested in downtown
events and opportunities.

DSA oversees the safety, maintenance, and
hospitality of downtown; supports public and
private partnerships; encourages investment;
co-sponsors special events, arts, and cultural
activities downtown. These efforts are funded
through the 123-square block Downtown
Property Based Business Improvement District
established in 1997 and recertified in
2002, 2007 and 2017. Our PBID promotes
business, housing, arts & entertainment to
help create a vibrant, sustainable, and urban
community in Downtown Stockton.

TABLE OF CONTENTS

OUR MISSION
EXHIBIT 1
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4 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
EXHIBIT 1
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DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 5
2024 BOARD OF DIRECTORS

TONY YADON
Parents By Choice

TINA MCCARTY
City of Stockton EDD

MAHALA BURNS
Burns Group

DONNA WILLIAMSON
SJC Office of Education

JACOB BENGUEREL
Law Office of Jacob L. Benguerel

DAVID LIPARI
SJ Regional Rail Commission

JOE MICHAEL
Pacific Development Group
Not Pictured:

FARROKH YAZDI
YCPM Historical Stockton LLC

CONNIE HART
San Joaquin County

MATTY AMEN
Huddle Cowork
EXHIBIT 1
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6 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE

MESSAGE FROM THE EXECUTIVE DIRECTOR
Another year of fulfilling our
mission of keeping Downtown
Stockton clean and safe. As I
reflect on 2024, It is difficult to list
all the great things this loyal and
hard-working team of employees
do for Downtown Stockton. I will
try and capsulize the year below.

While you are sleeping, the
Maintenance Teams are working
hard in their assigned areas to
make sure that when Downtown
residents wake up, Downtown
workers show up, and visitors
who tour our Historic Downtown
sites or eat at our amazing
restaurants arrive, they see
a sparkling, clean Downtown
District. I think we have one
of the cleanest Downtowns in
the nation because of these
hardworking folks. I am proud
and thankful for the work they do.
24 hours a day, the Community
Ambassadors are the eyes and
ears for Downtown Stockton.

Whether it is helping someone
find their way, jump-starting a
stranded car, offering services
or resources to the unsheltered
to help them get off the streets,
or reporting a crime to the
Stockton Police Department,
they make Downtown safer
with their presence. Their
goal is to help anyone and
everyone in Downtown.

Economic Development was
busy working to approve new
DSELF Loans; finishing the
City’s American Rescue Plan
Act (ARPA) Business Façade
Improvement Grant Program;
beginning administration of a SJC
Façade Enhancement Program;
and continuing to manage the
County’s ARPA Programs, like
the Broken Window Repair
Reimbursement Program, the
Entrepreneur Support Program,
free parking for StocktonCon
attendees, and the Window Wrap
Program to dress up storefronts.

We continued these programs
with a goal of helping our property
and business owners continue to
recover from the losses of the
pandemic. We also hoped that
the programs we administrated
showed the value of being a
property or business owner in the
Property Improvement District.

This year, we were able to
get additional ARPA funding
to promote Downtown. Part
of the ARPA money was used
for a second run of our 2023
television commercial that
highlighted the great restaurants,
sports, entertainment venues,
and historical landmarks in
Downtown Stockton. We made
a few tweaks to the commercial
and ran it again on Fox 40 within
a 50-mile radius, starting in
December of 2024 and running
through January 2025. We also
ran it on a loop at the spectacular
Magic Ocean Lantern Festival at
Banner Island Ball Park on the big
screen and four large screen TVs.

Speaking of promoting
Downtown Stockton, our amazing
marketing team continued
boosting our social media
platforms so we could reach and
attract more people to Downtown.

Our ongoing video series, Talk
to Downtown, features guests
that talk about what is going
on in Downtown; Doorways to
Downtown highlights Downtown
businesses; Walk with Weber’s
self-walking tour preserves
knowledge of historical
buildings; and this year’s Spirits
of Downtown episode explored
the Main Hotel – known for the
murder of Albert N. McVicar by
his wife Emma LeDoux, who was
later arrested and convicted of
the crime. Thanks to ad dollars,
these videos have received
thousands of views on YouTube.

As the team continues to work
with promoters to market all the
festivals, shows, concerts, and
sporting events in Downtown,
we also sponsored a few
ourselves. National Night Out
at the Banner Island Ballpark
was a great night bringing the
community together for free
admission to a Ports game that
EXHIBIT 1
689
had exhibits, information
booths, food, fun games, and,
of course, an exciting Ports
baseball game. The Chinese
Mid-Autumn Moon Festival
in historic Chung Wah Lane
featured amazing Chinese,
Cambodian, and Vietnamese
dance and music acts, food,
and information booths. In
Partnership with Parents by
Choice, we held four Main
Street Markets on Main Street; the
community came out to eat, buy
handmade crafts, listen to music,
and dance under the iconic Bob
Hope Theatre marquee. We also
hosted Pictures with Santa in
partnership with the Children’s
Museum, which gave families the
opportunity to give their kiddos a
free photo with Santa and his Elf.

Working with the City’s Public
Works Department, we have
begun what we hope will be an
on-going series of crosswalk art.

The first two were the Stockton
Ports baseball team logo in front
of the Ballpark and the Kings
basketball logo in front of the
Arena. To fund these projects
without using property owners’
assessment money, we continue
to look for opportunities to earn
discretionary funds, like providing
maintenance services to the
Miracle Mile — our neighboring
Improvement District and the
gateway to Downtown – and
maintaining public/private
partnerships with the City of
Stockton and San Joaquin
County, through which we
administrate several programs
and outside service agreements.

This year, we also launched the
first-ever Downtown Stockton
merch store, the Downtown
Stockton Storefront, which
features Downtown-branded
tees, tanks, hoodies, hats, totes,
and more. Check out the site at
shop.downtownstockton.org to
see what fun apparel we now
offer to members of the public
wanting to support Downtown
Stockton. We accommodate
orders both in person and online.

All the above are just a sample
of what the DSA does in the
Downtown Improvement District.

None of it could be possible
without the hard-working staff
that get up every day with passion
in their hearts and smiles on their
faces. Their jobs aren’t glamorous
and while they don’t seek
accolades, when you see one of
the Maintenance Team members
or Community Ambassadors
on the streets let them know
you appreciate their efforts.

I also want to recognize
and thank our dedicated
volunteer Board Members.

Their insight, strategic planning
and oversite are invaluable to
the organization. They all take
time away from their jobs to
assemble and steer the DSA.

Dr. Suess’s book, Oh, The
Places You Will Go, sums up our
plans for 2025. We have a lot of
new and exciting beautification
projects planned, as well as
ongoing administration of
the ARPA grant funding;
recertification of the District;
recruitment of new investors
and businesses; continued
partnerships with municipalities;
support and promotion of all things
Downtown; and keeping our
beautiful District clean and safe.

I am truly proud and blessed to
be involved with our property and
business owners; the amazing
staffs at the City and County; all
the people who live, work, shop,
eat, and play in Downtown; and,
of course, the incredible staff
I get to work with at the DSA.

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690

JOHNNY PALACIOS
Projects Manager

D S A S TA F F

COURTNEY WOOD
Economic Development
Directort Dir.

CHEVELL SIMMS
Community Ambassador
Supervisor

SHAUN CHATRATH
Digital Media Manager

CHARISSE LOWRY
Office & Operations Manager
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DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 9
EXHIBIT 1
692
20 24
EXHIBIT 1
693
BY
THE

NUMBERS
EXHIBIT 1
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12 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE

DEMOGRAPHICS
5,507

PUBLICATIONS
4,618

VISITORS ASSISTED
1,804

BUSINESS CONTACTS

HOSPITALITY
Population
(within 1 mile)
Employment Rate Median Household
Income
Households Families

DISTRIBUTED
254

EVENTS ADDED

TO CALENDER

COMMUNITY AMBASSADOR
5,280 221 12 261
23,496 8,376 4,764 92.2% $77,341
(within 1 mile) (within 1 mile) (within 1 mile)
(within the City of Stockton)
EXHIBIT 1
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DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 13

MAINTENANCE

ARPA PROGRAMS
110 19,224 411
1,610 1,600 102
58 17 60
EXHIBIT 1
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14 Meet Charisse
I would like to introduce myself
to those that do not know me -
my name is Charisse Lowry. I am
originally from North Carolina,
but I have lived in Stockton
since 1982. I have been with the
Downtown Stockton Alliance for
27 years, since February 1998.

The program was a very new
concept to the downtown area
at the time. I started as a parttime Hospitality Guide; in 2007, I became the administrative
assistant and now I am the Office
Manager/Operations Manager.

I oversee the Maintenance
Program and the Community
Ambassador Program, as well as
all office/personnel duties. There
have been so many changes,
development, and growth in the
downtown area since I started
with the Downtown Stockton
Alliance; I am truly honored to be
a part of this city and the things
that the Downtown Stockton
Alliance has accomplished.
2024 Maintenance
The Maintenance team keeps our
streets and sidewalk areas clean
& walkable. They take great pride
in their downtown. In 2024, we
had a 7-man regular maintenance
team (each with their own
route), and 8 re-employability
maintenance volunteers. These
efficient workers cleaned all
Zone 1 & 2 district square
blocks – emptying trash cans,
watering planters, potting plants.
removing litter and human waste,
and performing weed abatement
– from 5:00 AM – 1:30 PM, M -
F. We also retained 1 amazing
pressure washing crew member
between 2:00 AM and 11:30 AM,
M - F – they were able to clean
all of the Downtown PBID’s Zone
1 & 2 sidewalks every two weeks!
We currently have a reliable,
exceptional maintenance team;
Downtown is much cleaner
because of everything they
do. If you ever need the team
to conduct a special spot
clean-up of your sidewalk or
remove trash, just give us a
call at 209.464.5246. We are
looking forward to maintaining
Downtown Stockton in 2025!
Best,
Charisse Lowry
Office & Operations Manager

OFFICE, OPERATIONS, & MAINTENANCE
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DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 15

COMMUNITY AMBASSADOR PROGRAM
This past year has been
incredibly impactful in fostering
a more welcoming downtown
environment.

Our Downtown Stockton Alliance
Community Ambassadors have
played a vital role in bridging
the gap between the transient
population and local businesses.

Through consistent engagement
and outreach, we’ve seen
a significant reduction in
the number of tents and
encampments in the downtown
area. This success is a testament
to the ambassadors’ dedication
and compassionate approach.

Beyond addressing
homelessness, our ambassadors
have consistently gone above
and beyond to assist residents
and visitors alike. From jumpstarting cars to providing latenight aid to vehicles, they’ve enhanced perceptions of safety
and created peace of mind for
everyone in the downtown area,
24 hours a day/365 days a year.

In 2024, we really solidified a
dependable and enthusiastic
10-man Community Ambassador
Team; I am proud to say that the
crew we have today truly lean
into their roles and have each
other’s backs.

This year saw the expansion
of our service area to include
Miracle Mile/Pacific Avenue
via a contract with the Miracle
Mile Improvement District. The
response from Miracle Mile
business and property owners in
addition to the public has been
overwhelmingly positive; they
feel a stronger sense of welcome
in their district.

The Downtown Stockton Alliance
Community Ambassador
program continues to make a
real difference. We are proud of
our accomplishments and look
forward to further improving
the experiences of business
owners, employees, visitors,
and residents in the Downtown
Stockton community.

Should you ever require the
services of the Community
Ambassadors, just give us a call
at 209.451.7775! We are here to
help.

Best,
Chevell Simms
Community Ambassador
Supervisor
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2024 STATS AND QR CODES

ECONOMIC DEVELOPMENT
As the director of the Economic Development department and supervisor of the Marketing department, I can say that 2024 was another very productive year in both areas. Please find a summary of the DSA’s 2024 economic development activities below:

ARPA Programs
We wrapped up the Business Façade Improvement Program this year in partnership with the City of Stockton; through this program, we helped 58 properties this year, and over 80 properties in total! Some of the properties/businesses which benefited this year included:
- AI Holdings
LLC (2
properties)
- Allied Tile &
Stone
- B&M
Building
- Bouchar
Properties
- Cassidy’s
Jewelry &
Loan Co.
- Con J Franke Electric (2
properties)
- Cort Tower
- Diana’s
Modern
- Dome
of Hope
Organization
- Factory
Certified
Automotive
LLC
- Freeman
Construction
- GHG
Investments
- Grupe
Huber
- Harbor
Signs
- HATCH
Workshop
- Hotel Terry
- Hunter
Square Lofts
- Impact
Posters LLC
- Insurance
Services
- Law Office
of Dru Vincent Hunt
- Leffingwell
Plaza LLC (2
properties)
- Main Hotel
- Merlo
Properties (3
properties)
- Mi Ranchito
- Misaki
- New
Stockton
Poultry
- Restore
Stockton
- San Joaquin
County Office
of Education
- San Joaquin
Regional
Transit
District (RTD)
(2 properties)
- StarOne Valley Insurance
Agency
- Tax Express
- The Metro
Building
- The Store
Bar
- The Well
- Tretheway
Lofts
- Uniqo Salon
- 10 N.

Stanislaus
- 18 S.

California
- 26 S. San
Joaquin
- 30 S. San
Joaquin
- 47 N. Grant
- 104 E. Market
- 116 N. Hunter
- 217 San
Joaquin
- 308 N.

California
- 329 N.

California
- 515 E. Main
- 526-530 E.

Main
- 634 E. Main
- 707 E. Main
- 945 W.

Fremont
- 1102 E.

Weber
The DSA continued the SJC ARPA-funded Broken Window
Repair Reimbursement Program, through which we reimbursed 22 businesses/properties for over 60 windows. This program benefitted the following businesses/properties in 2024:
- AI Holdings
- American
Furnishings
- Atlas
Properties
- Bevohn
Realtors
- Blazin’
Cajun
- Cancun
- Church of
Angels
- El Concilio
- Hardin
Animal
Hospital
- Hi Grade
Cleaners
- LAZ
- Metro
Building
- Mexican
Heritage
Center
- Pacific
Development
- Riteway
Cleaners
- Scottish Rite
- The Campus
- Velvacon
- Visit
Stockton
- V & N Patel,
LLC
- Weber
Bakery
- YCPM
Historical
Stockton LLC
We also continued the SJC ARPA-funded Window Wrap Program, placing 17 window wraps.

In 2024, the DSA applied for and received additional SJC ARPA funding allocated into the following categories:
- $100,000 for a second round of the Downtown Stockton Entrepreneur Support Program (re-opened and accepting more applications!) - $40,000 for another promotion of the Downtown Stockton commercial - $100,000 for more Window Repair Reimbursement Program funding - $50,000 for digital marketing funding to use for social media promotion of events, activities, businesses, resources, real estate listings, and job listings through digital ads/boosting
Thanks to our experience administering the City’s Façade Improvement Program, the DSA was contracted by San Joaquin County to administer a $611,000 ARPA-funded Façade Enhancement Grant Program in partnership with the SJC Employment and Economic Development Department which began this year and will likely be completed in 2025. This program targets properties in the unincorporated areas of SJ County who are also in Qualifying Census Tracts or Difficult Development Areas.

Ongoing Economic Development Media
This year, we continued our Talk to Downtown video series with 12 new videos – hitting the 60 episode mark in November, with San Joaquin County District Attorney Ron Freitas as our guest! Hosted previously on Youtube, FB, LinkedIn, IG, and X, this series is now also listed in the podcast section on Spotify! Tune in and ask questions live, typically on the second Wednesdays of the month, at 10:00 AM on our social media pages; if you miss it live, you can always watch a replay on Youtube. Subscribe to our channel @downtownstockton to get updates on when we will interview the next guest. Our wonderful guests this year were:
- ASM Global - Stockton General Manger, Jason Perry
- Stockton Kings VP of Business Operations, Aaron Morales - Child Abuse Prevention Council Development Director, Shauna Buzunis-Jacob - Filipino American National Historical Society Museum Manager & Board Treasurer, Terri Torres, and Board President, Erwin Mina - Stockton Unified School District Superintendent of Schools, Michelle Rodriguez - San Joaquin County Administrator, Sandy Regalo
- Local artist & ArtSplash organizer, Joy Neas
- Stockton Community Kitchen International Food Hub Founder, Rima Barkett - Greater Stockton Chamber of Commerce Lead STAART Program Coordinator, Christina Urquieta
- UOP Center for Business & Policy Research Director, Thomas E. Pogue - SJC District Attorney, Ron Freitas
- Downtown Stockton Alliance Executive Director, Mike Huber The DSA released 6 Doorways to Downtown videos this year, highlighting the gems below:
- Greater Stockton Chamber of Commerce
- Coach’s Lounge
- Hardin Animal Hospital
- Tuleburg Press
- Reinvent South Stockton Coalition
- Faith in Action Community Education Services
This October, we released one Spirits of Downtown video featuring the Main Hotel, and the infamous story of Emma Le Doux and Albert McVicar. Our paranormal investigators caught some very interesting evidence - check out the video on Youtube to see the results! It was a rare chance to enter a building which has been unoccupied for many decades.

The DSA posted 52 #propertymondays posts on social media advertising 25 properties, which garnered a reach of over 63,000 on FB & IG alone, and contributed to 3,022 views of our real estate directory.

We also published 19 blogs highlighting downtown businesses and happenings. In terms of stakeholder outreach, we continued our 12 business owner enewsletters and 12 property owner enewsletters, in addition to sending out several special resource newsletters notifying stakeholders of programs like SJC’s Shop San Joaquin Program and the Greater Stockton Chamber of Commerce’s Stockton Takes Action Against Retail Theft (STAART) Program.

Additional Business Support
This year, we are pleased to share that the DSA’s 501 (c) 3 – the Downtown Stockton Enterprise Loan Fund (DSELF) – approved DSELF loans for two Downtown businesses – one for $39,999 and another for $65,000. The recipients were Stonewood Construction and Silvio’s Ravioli Factory and Catering; we are very excited to support these Downtown companies. These loans will help them to secure equipment, inventory, and more. We still have loan funds available, so check out the QR code below if you could benefit from a loan between $10,000 and $65,000 for your Downtown business or building.

This was the first year of providing 1:1 business coaching through the DSA; we supported downtown businesses working towards their goals and we plan to continue this offering in 2025.

Special Projects
As Mike mentioned in his opening letter, a fun DSA initiative this year was the development and distribution of DSA apparel at local festivals, events, and the DSA office. We set up the Downtown Stockton Storefront for ease of ordering, and sold $1,400 of merchandise in 2024. We surveyed staff and members of the community to create a few lines of apparel to suit individual tastes, from our classic Black & White hoodies and hats, to Colorscape rainbow tanks, to Varsity gray gym-style tees, and Urbanite graphic tees of the Bob Hope Theatre and Chung Wah Lane. Share the info with anyone who may want to support the work of the DSA by purchasing and sporting Downtown Stockton merch, and look for our booth at upcoming events.

Another special 2024 project, funded by the DSA and permitted by the City of Stockton was the painting of over 30 light poles on El Dorado and Center streets. If you walk or drive these roads today, from Washington Street to City Hall – or compare a Google Maps street view from 2023 to 2024 – you can see how this project took downtown’s light poles from old, faded, and rusty, to modern, vibrant, and clean. This small, but visible, update demonstrates that our downtown is cared-for.

The unkempt look of these poles had been a pet peeve of mine, so I am ecstatic the DSA took this on in 2024 using discretionary funds under Mike’s direction. We hope you can see the difference.

Although it took place on a very hot August evening, National Night Out this year was a beautiful collaboration between the DSA, SJCOE, Parents by Choice, and for the first time, the Stockton Ports! So many of our local non-profits tabled at this free community event, where the first 600 attendees were guaranteed free admission to the Ports game! We are very excited to continue these partnerships in the coming year.

Interns
We were fortunate to have had 5 interns this year – some of them through the United Education Institute, others through the Korea WEST Exchange Program, and one from a local high school! They each contributed to the great work of the DSA, from blogs and recertification prep work, to website updates and modeling the new DSA merch for promotional photos. You can learn more about Korea WEST on page 19.

State of Downtown
At least 20 properties sold this year in the Downtown district, and at the end of 2024, we featured 36 real estate listings.

As of December 2024, we featured at least 360 businesses on our website; during the year, several new businesses were welcomed to Downtown. A few of these businesses are listed below:
- Bellisima Boutique
- Blooming Flores
- Cooper’s Coffee
- Courthouse Market
- Fo3 Urban Activewear
- Las Brasas Mexican
Restaurant
- La Lai Bu by Pinkie
- Mexico Lindo Restaurant
- The Pink Corner
From cute Hello Kitty merch to delicious coffee, each of these businesses brings something unique to Downtown Stockton.

This year, Downtown Stockton also welcomed a very exciting development project - the long-awaited, 75-unit, Grand View Village! With its grand opening held in July, this project has continued the revitalization of Miner Avenue, and added to Downtown’s foot traffic. 2025
Moving into 2025, a huge focus will be placed on the recertification of the Downtown Stockton Alliance. Keep your eyes on your mailbox for communication, petitions, and ballots in the coming months. In addition, we will be administering the SJC Façade Enhancement Grant Program and continuing the administration of our other ARPA grant programs.

The DSA also plans to support several new development projects expected to begin in the coming year. We look forward to serving you next year and beyond!
Best,
Courtney Wood
Economic Development Director
Downtown Stockton
Entrepreneur Support Program
Downtown Stockton
Broken Window Repair Program
Downtown Stockton
Apparel For More About DSELF 1:1 Business
Coaching Scheduling
COS Business Facade Improvement
Program
SJC ARPA Round 1 for Multiple
Programs
SJC ARPA Round 2 For Multiple
Programs
SJC Commercial Facade
Enhancement Grant
$2,000,000+
$1,000,000+
$319,000
$611,000
Completed
Work In Progress
Work In Progress
Work In Progress

THIS YEAR IN GRANTS
12 Business Owner Newsletters 46.58% Open Rate 12 Property Owner Newsletters 44.17% Open Rate EXHIBIT 1
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DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 17
YouTube Lifetime Views
In 2024, the Downtown Stockton Alliance
marketing division continued several projects
from the previous year. We featured the following
six businesses in our Doorways to Downtown
series: Greater Stockton Chamber of Commerce,
Coach’s Lounge Hardin Animal Hospital,
Tuleburg Press, Reinvent South Stockton
Coalition, Faith in Action Community Education
Services. Furthermore, the Downtown Stockton
Alliance continued our live monthly podcast Talk
to Downtown, across multiple platforms such as
YouTube, Instagram, Facebook, X, and Linkedin.

This year’s Spirits of Downtown episode featured
The Main Hotel, the location of the infamous Emma
LaDeoux case, and was well-received by those
who watched. In addition, our YouTube channel
saw a spike in viewership across all our videos.
2024 saw the collabration between the Stockton
Ports, Stockton Kings, and the Downtown
Stockton Alliance to create street murals
for each respective team. Working with the
muralist the marketing department helped with
the planning and painting of these murals. In
addition, the department worked to design and
prep further potential beautification projects.

A popular event the marketing division helped
facilitate in collaboration with the San Joaquin
Office of Education, Stockton Ports, and Parents
by Choice was National Night Out, which
brought hundreds of people to Banner Island
Ballpark for an evening of prizes, food, and a
free baseball game for all attendees. In addition,
the Downtown Stockton Alliance tabled at
multiple events such as the Golden Villa Farmers’
Market, downtown pop-up events, Delta Flea
Market, and National Parking Day all in an effort
to sell brand-new Downtown Stockton Merch.

Ticket giveaways for downtown events also
contributed to increased foot traffic in the area.

During the calendar year, the DSA gave tickets
away to many of our social media followers for
events such as Stockton Ports games, Stockton
Kings games, Adventist Health Arena shows,
and the Magic Lantern Festival second year.

The team also focused on creating monthly
e-newsletters for subscribers and partners. These
efforts led to significant growth in social media
followers and website traffic. In addition to these
newsletters, ad boosting dollars courtesy of the
previous year’s social media marketing ARPA
grant were spent to increase engagement on
the DSA’s YouTube, Instagram, Facebook, and X.

Another 2024 initiative was the continuation
of the Downtown Window Wrap program, funded
through the American Rescue Plan Act, which
beautified and advertised many downtown
businesses.
- Nena’s Mexican
Restaurant
- CalMain Lofts
- El Concilio
- San Joaquin Law
Library
- ABK House of Beauty
- Blazin Cajun
- Tretheway Building
- Metro Building
- JB’s Ink Therapy
- True Classic Tattoo
- Downtown Cycles
- Stockton Mini Market
Looking ahead to 2025, the team aims to build
on the previous year’s successes and elevate
its marketing efforts while continuing to support
Downtown Stockton’s growth.

Best,
Shaun Chatrath
Digital Media Manager

MARKETING DIVISION
2024 GROWTH
Instagram Followers X Followers Facebook Followers
Website
13,183 4,957 13,327 284,475
+6.7%
59,612 Unique Vistors
94,800 Page Views
-0.68% +3.27% +40.57%

DOWNTOWN

STOCKTON
WEBSITE:

DSA YOUTUBE
CHANNEL:

DOWNTOWN

STOCKTON MEDIA
CONTENT LINKS:

WINDOW WRAP
PROGRAM:

EXHIBIT 1
700
Meet Johnny
In 2007, I was working for Louie’s
Fruit and Produce one day a
week at the Downtown Stockton
Farmers Market. It was there
that I became familiar with the
Downtown Stockton Alliance. I
would end up being offered a
job with the DSA as a Hospitality
Guide later that year. In the
years since, the Guides became
known as Ambassadors; that
was my role for many years.

I’ve learned so much about
Downtown Stockton and the
businesses here, and have
met so many downtown
employees. I also have learned
that compassion towards our
unhoused population goes a lot
further than just ignoring them.

Over the years, we have shared
helpful resources with them, like
the Uplift All Portable Bathroom
& Shower Unit at St. John’s
Church, formerly run by the DSA.

Here, the homeless can take a
shower while waiting for a mobile
laundry service to wash, dry,
and fold their clothes, Monday
through Friday. Depending
on what day of the week it is,
food and medical services are
also provided to them. Just
knowing there are services like
this out there can give a person
on the street a bit of hope.

Project Management & Beyond
I was promoted to Project
Manager a few years back and
that has been a reward in itself. I
take pride in my new role, which
involves tracking maintenance
and hospitality data & stats for
the DSA; helping to update the
DSA website with businesses
and events; managing special
projects; and working with
businesses interested in
purchasing banners to gain
exposure to the downtown area.

Last year, I was surprised to have
been nominated and granted
the Hospitality Hero of the year
award from Visit Stockton. I
can’t explain how nice it felt to
be recognized for the fun work
that I do. Although I am now the
Project Manager, I will always be a
Hospitality Ambassador by heart.

One of my accomplishments this
year was assisting the Downtown
businesses who participated in
the City of Stockton Business
Façade Improvement Program.

More than 80 businesses created
a more welcoming and aesthetic
appearance of their neglected
commercial properties through
this program, from 2023 - 2024.

I was humbled to see the various
façade improvements as they
spread across our downtown.

In 2024, we added 7 new
banners, representing Tio
Pepe’s Restaurant, Parents
By Choice, and Ace Rail,
to our Downtown district.

Today, I am honored to be
assisting with the San Joaquin
County Façade Enhancement
Grant Program, which will
be a project through 2025.

Together we are spreading
the façade improvements
all throughout the County.

Best,
Johnny Palacios
Projects Manager

PROJECTS MANAGEMENT
EXHIBIT 1
701
DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 19
KOREA WEST 2024 INTERNS
Meet Sungyeon Park
I’m Sungyeon Park, currently working
as a Marketing Intern at the DSA.

Through the Korea WEST Program, a
government initiative between South
Korea and the United States, I’ve had
the opportunity to participate in my
first professional internship in the
United States and experience life in
Stockton for the first time. At first, I was
quite worried about adjusting to both
a new role and a new city. However,
The supportive team at DSA made
it much easier for me to adjust than I
had expected. While I still have a lot to
learn, the encouragement and support
I’ve received here have given me
the confidence to keep growing and
improving.

Now that I’ve been here for three
months, I still feel there’s so much more
to discover about Downtown Stockton.

From an outsider’s perspective, I
can see the incredible potential for
growth in this area, and I truly believe
DSA’s dedication will play a key role
in shaping the future of Downtown
Stockton. The mix of diverse cultures
and the warmth of the community has
been inspiring, and I’m proud to be a
part of it. As I continue my internship,
I’m looking forward to taking on new
projects, meeting more people, and
making a meaningful impact on this
community.

Meet Youngbeen Cho
I’m Alvin from Korea, and I completed
a 4-month internship at the Downtown
Stockton Alliance from March 17th to
July 3rd. During this time, I had the
pleasure of working with amazing
colleagues who made my experience
enjoyable.

I worked on various tasks as a marketing
intern, including taking photos
downtown for social media uploads,
modeling company apparel for posters,
setting up booths and selling clothes
outdoors, and more.

I met wonderful people who made
my internship fulfilling: Mike and
Courtney who always checked in on
me; Johnny and Charisse, who greeted
me warmly every morning; Shaun,
who I could chat with like a friend; as
well as the community ambassador
and maintenance teams, who were
always friendly. I feel confident that
future Korean interns will have a great
experience too.

The DSA began
participating in an exciting
program this year – the
Korea WEST exchange
program. Through Korea
WEST, students or young
professionals from Korea
provide internship hours
to U.S. companies in
exchange for experience
in American business
and culture, as well
as immersive English
language study/practice.

We had the pleasure
of working with intern
Youngbeen Cho in the
spring of 2024, and
currently are working
with a second intern,
Sungyeon Park, who will
be with the DSA until the
spring of 2025. These
interns have provided
a fresh perspective and
new ideas to the DSA;
they start out as first-timeever visitors to Downtown
Stockton and grow into
seasoned residents and
advocates by the end of
their internship.

EXHIBIT 1
702
20 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
DSA
BUDGET
EXHIBIT 1
703
DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 21
2024
2025
INCOME
Assessments
Atlas Contract
Banner Income
Contracts - WMN & Sanitation
Outside Service
Outside Services - Miracle Mile
Outside Services - LAZ
Budd Alley Compactor Service

SJC ARPA
SJC ARPA Admin
SJC ARPA Facade Focus Block

TOTAL INCOME
$1,297,824
$30,000
$19,430
$76,465
$500
$136,380
$126,000
$12,000
$350,000
$125,000
$500,000
$2,673,599

EXPENSES
Payroll & Benefits
Education & Networking
Advertising/Marketing
Event Expenses
Banners
Economic Development
WEB Projects
Office Expenses & Supplies
Maintenance & Cleaning
Community Ambassador Program
Insurance
Taxes
Utilities/Rent
Professional & Fin. Services
Miscellaneous Expense
Reserves Expense

TOTAL EXPENSES

NET INCOME
$1,296,574
$9,500
$19,500
$4,000
$11,500
$858,000
$16,000
$19,100
$99,000
$22,500
$56,200
$1,025
$86,000
$39,000
$700
$10,000
$2,548,599
$125,000
INCOME
Assessments
Atlas Contract
Banner Income
City ARPA Admin
Contracts - WMN & Sanitation
Outside Service
Outside Services - Miracle Mile
Outside Services - LAZ
Budd Alley Compactor Service

SJC ARPA
SJC ARPA Admin

TOTAL INCOME
$1,235,053
$24,000
$13,000
$204,000
$67,651
$500
$67,176
$206,720
$12,000
$735,692
$25,000
$2,590,792

EXPENSES
Payroll & Benefits
Education & Networking
Advertising/Marketing
Event Expenses
Banners
Economic Development
WEB Projects
Office Expenses & Supplies
Maintenance & Cleaning
Community Ambassador Program
Insurance
Taxes
Utilities/Rent
Professional & Fin. Services
Miscellaneous Expense
Reserves Expense
APRA Facade Expenses

TOTAL EXPENSES

NET INCOME
$1,160,700
$10,500
$22,500
$5,700
$10,850
$34,000
$14,000
$32,000
$123,000
$31,000
$50,200
$1,025
$83,000
$36,500
$1,000
$10,000
$797,804
$2,423,779
$167,013
EXHIBIT 1
704
22 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
EXHIBIT 1
705
DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 23
Mid-Autumn Moon Festival
Main Street Market
National Night Out
Santa Photos at the Children’s Museum
Delta College Flea Market
Dia de Los Muertos
Downtown Business Watch
Dry Cleaners Pop-Up
Earth Day
Flavorfest
Friends at the Fox Classic Movie Series
Golden Villa Farmers Market
International Downtown Association Conference
LAZ (PARK)ing Day
Parents By Choice Christmas Toy Drive
Peace Sculpture at Diversity Plaza Unveiling
StocktonCon
UbeFest
General
ASM Global
Bank of Stockton
Caltrans
City of Stockton (COS)
Codestack
COS Economic
Development (EDD)
COS Parking
LAZ Parking
Little Manila
Mexican Heritage Center
Miracle Mile Improvement
District
Parents by Choice
Port of Stockton
SJ Regional Rail Commission
SJC Admin
SJ Delta College
SJCOG
SJC Employment &
Economic Development
Stockton Kings
Stockton Police Department
Stockton Ports
Tio Pepe’s
Visit Stockton
Business Facade
Improvement Grant
Program
Alliance Buildings
BGS Builders
Freeman
City of Stockton (COS)
Creative Property Renewal
Dream Quality Builders
Construction
JMA
Doorways to Downtown
Greater Stockton Chamber
of Commerce
Coach’s Lounge
Hardin Animal Hospital
Tuleburg Press
Reinvent South Stockton
Coalition
Faith in Action Community
Education Services
Downtown Stockton
Commercial
ASM Global
Blazin Cajun’
Cast Iron Trading Co.

Stockton Kings
Stockton Ports
OUR 2024 PARTNERS

EVENTS AND MEETINGS PARTICIPATED IN

SPECIAL EVENTS & PROJECTS

EVENTS HOSTED OR ORGANIZED
Street Light Pole Painting
Diversity Plaza Peace Sculpture Installation
Doorways to Downtown
Downtown Stockton Commercial
Downtown Stockton Storefront
Spirits of Downtown
Stockton Kings Crosswalk Mural
Stockton Ports Crosswalk Mural
Talk to Downtown

PROJECTS
Santa Photos
Children’s Museum of
Stockton
Spirits of Downtown
Kelly Howard
Leon Bach
Matthew McCann
Robert Ballerini
Steve Peterson
Susan Obert
Talk To Downtown
ASM Global - Stockton
Stockton Kings
Child Abuse Prevention
Council
Filipino American National
Historical Society Museum
Stockton Unified School
District
San Joaquin County
Administrator
ArtSplash
Stockton Community Kitchen
Greater Stockton Chamber
of Commerce
UOP Center for Business &
Policy Research
San Joaquin County District
Attorney
Music To Our Ears
Hotel Stockton
The HUB
National Night Out 2024
Parents by Choice
San Joaquin Office of
Education
Stockton Ports

AMERICAN RESCUE PLAN ACT PROGRAMS (ARPA)
Downtown Stockton Business Facade Improvement Grant Program Downtown Stockton Entrepreneur Support Program
Downtown Stockton Window Wrap Program
Downtown Stockton Window Repair Reimbursement Program
SJC Facade Enhancement Grant Program
EXHIBIT 1
706
24 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE
EXHIBIT 1
707
DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 25
- Navigate the recertification process of the
Property Improvement District, transforming it into
a Community Improvement District. The district
boundaries will be expanded, so we will be meeting
not only with current property owners in the BID, but
also the property owners in the expanded areas.
- Continue the clean, safe, and beautiful mission.
- Manage and complete the SJC ARPA Façade
Enhancement Grant Program.
- Continue management of other SJC ARPA
programs, like the Downtown Stockton Entrepreneur
Support Program, the Downtown Stockton Window
Wrap Program, and the Downtown Stockton Broken
Window Reimbursement Program.
- Place veteran’s banners around the Stockton
Memorial Civic Auditorium.
- Grow our social media presence and followers
using ARPA grant dollars.
- Continue Doorways to Downtown, Talk to
Downtown, and Spirits of Downtown.
- Host National Night Out, Mid-Autumn Moon
Festival, and Santa Photos in collaboration with our
partners.
- Attract new downtown business tenants and
support existing tenants.
2025 GOALS
A Note on the Improvement District
Recertification:

The recertification of the Downtown Stockton district is a critical project for the DSA in the coming year. There are two phases involved, a petition phase and a ballot phase; the support of our property owners in both phases is essential to our successful renewal. Our last recertification occurred in 2017 and culminated in a 10-year term. The DSA board has decided to pursue a 20-year term in the upcoming recertification process, to modify the district boundaries, and to change the district type to a Community Improvement District under City of Stockton Ordinance

3.96. Once approved in 2025, the district will be known as the Downtown Stockton Community Improvement District (DSCID).

We ask our property owners to be on the lookout for communication regarding the recertification via phone call, mail, and email in the coming months. To schedule a meeting with the Executive Director regarding the recertification or the work of the DSA, please scan the QR
Code on this page. We thank
you and appreciate your
ongoing support of our
district.

EXHIBIT 1
708
26 2024 ANNUAL REPORT // DOWNTOWN STOCKTON ALLIANCE

DOWNTOWN STOCKTON

STOREFRONT
EXHIBIT 1
709
DOWNTOWN STOCKTON ALLIANCE // 2024 ANNUAL REPORT 27
EXHIBIT 1
710
110 N. San Joaquin Street, 5th Floor
P.O. Box 2375
Stockton, CA 95201
www.downtownstockton.org

POSTAGE
EXHIBIT 1
711

CITY OF STOCKTON ENTERTAINMENT VENUES SUCCCESSOR AGENCY Parcel Zone Assessment Parcel Zone Assessment Parcel Zone Assessment 137-190-29 1 $ 11,982.78 137-410-05 1 $ 1,822.24 137-260-16 3 $ 405.50 137-250-29 1 $ 1,027.20 137-410-14 1 $ 38,154.72 137-260-17 3 $ 405.50 137-260-05 3 $ 456.20 137-410-17 1 $ 42,851.56 $ 811.00 137-260-07 3 $ 261.82 149-140-27 1 $ 4,784.80
137-260-26 3 $ 482.62 Total Entertainment Venues $ 87,613.32 137-260-31 3 $ 493.36
137-260-32 3 $ 1,530.92
137-260-33 3 $ 454.28 PARKING AUTHORITY
137-280-08 3 $ 1,051.86 Parcel Zone Assessment
137-370-02 3 $ 1,115.20 137-190-32 1 $ 4,282.72
137-370-03 3 $ 3,624.56 137-202-13 1 $ 501.20
137-370-09 3 $ 157.80 137-202-14 1 $ 626.52 General Fund $ 187,850.50 137-370-10 3 $ 79.48 137-202-15 1 $ 385.56 Entertainment Venues $ 87,613.32 137-380-14 3 $ 419.62 137-202-16 1 $ 346.98 Parking Authority $ 105,987.64 137-380-15 3 $ 249.94 137-202-18 1 $ 809.66 Successor Agency $ 811.00 137-380-16 3 $ 249.94 137-204-18 1 $ 2,393.24 COMBINED TOTAL $ 382,262.46 137-380-17 3 $ 249.94 137-204-20 1 $ 693.98
137-380-18 3 $ 249.94 137-216-09 1 $ 372.62
137-390-01 3 $ 58.94 137-216-10 1 $ 385.56
137-390-02 3 $ 78.80 137-216-11 1 $ 385.56
137-390-03 3 $ 73.02 137-216-12 1 $ 385.56
137-390-04 3 $ 76.80 137-216-13 1 $ 385.56
137-390-05 3 $ 392.88 137-216-14 1 $ 346.98
137-390-06 3 $ 135.38 137-410-01 1 $ 9,069.26
137-390-08 3 $ 135.38 137-410-02 1 $ 17,273.18
137-390-09 3 $ 135.38 137-410-10 1 $ 9,615.12
137-390-10 3 $ 135.38 139-080-07 1 $ 1,735.02
137-390-11 3 $ 135.38 139-120-01 1 $ 859.04
137-390-12 3 $ 270.82 139-120-18 1 $ 8,237.00
137-390-13 3 $ 392.82 139-120-19 1 $ 7,902.64
137-410-09 1 $ 8,397.52 139-120-22 1 $ 8,061.50
137-410-11 1 $ 3,018.34 149-130-01 1 $ 16,157.44
137-410-16 1 $ 8,147.18 149-130-02 1 $ 481.94
139-060-30 1 $ 8,691.40 149-130-03 1 $ 679.54
139-070-10 1 $ 7,900.14 149-130-04 1 $ 481.94
139-080-01 1 $ 1,833.10 149-130-05 1 $ 481.94
139-080-02 1 $ 867.50 149-130-06 1 $ 530.12
139-080-04 1 $ 2,756.92 149-130-07 1 $ 1,927.80
139-090-01 1 $ 19,470.88 149-140-13 1 $ 597.60
139-090-02 1 $ 6,997.94 149-140-17 1 $ 404.82
139-090-03 1 $ 1,357.14 149-140-25 1 $ 2,308.52
139-090-05 1 $ 41.90 149-170-22 1 $ 1,931.34
139-090-08 1 $ 19,608.22 149-170-25 1 $ 2,053.10
139-090-09 1 $ 2,168.78 149-180-05 1 $ 2,897.08
139-110-01 1 $ 1,254.98 Total Parking Authority $ 105,987.64 139-110-06 1 $ 1,354.44
139-110-07 1 $ 1,770.58
145-190-03 3 $ 2,496.62
145-270-06 3 $ 4,727.14
145-270-09 3 $ 3,924.24
145-270-10 3 $ 373.48
149-020-01 1 $ 29,597.44
149-020-03 1 $ 506.22
149-030-03 1 $ 590.16
149-040-01 1 $ 15,486.94
149-040-10 1 $ 1,244.16
149-180-21 2 $ 2,295.38
149-230-01 2 $ 4,813.32
Total City of Stockton $ 187,850.50
Total Successor Agency
EXHIBIT 2
712
Downtown Stockton Alliance
2025 Budget
2025 2024 Variance
Operating Income/Expense
Income
4000 · Assessments - Private Owners $ 657,182 $ 631,912 4% 4010 · Assessments - Public Agencies 640,642 603,141 6% Total 4000 · Assessments 1,297,824 1,235,053 5%
4019 · Altas Contract 30,000 24,000 25%
4023 · Banner Income 19,430 13,000 49%
4040 · Contracts - WMN & Sanitation 76,465 67,651 13%
4042 · Outside Services - Contracts 500 500 0%
4042.01 · Outside Services - Miracle Mile 136,380 67,176 103% 4042.02 · Outside Services - LAZ 126,000 206,720 -39%
4090 · Budd Alley Compactor Service 12,000 12,000 0%
4202 · Focus Block SJC ARPA Façade 500,000 - 100%
4205 · Façade Administration Fee - 204,000 -100%
4208 · SJC ARPA Funding 350,000 735,692 -52%
4209 · SJC ARPA Admin. Fee 125,000 25,000 400%
Total Income $ 2,673,599 $ 2,590,792 3%
For Internal Use Only
EXHIBIT 3
713
Downtown Stockton Alliance
2025 Budget
2025 2024 Variance
Expense
6000 · Payroll & Benefits
6001 · Wages 1,134,574 1,000,000 13%
6003 · Workers Compensation Insurance 20,000 23,000 -13% 6004 · Payroll Taxes 78,000 75,000 4%
6005 · Parking Reimbursements & Lot Rental 5,100 5,100 0% 6006 · Medical Reimbursement 2,300 - 100%
6007 · Kaiser Premiums 20,000 18,000 11%
6010 · Aflac 400 800 -50%
6010.01 · Colonial Life 1,000 1,300 -23%
6013 · Medicare Reimbursements - 2,100 -100%
6017 · Wolfpack Insurance 200 400 -50%
6011 · Payroll & HR Service 35,000 35,000 0%
Total 6000 · Payroll & Benefits 1,296,574 1,160,700 12% 6100 · Education & Networking
6101 · Conferences 1,000 2,000 -50%
6102.01 · Business Meals/Meetings 1,000 1,000 0%
6102.03 · Employee Recognition 1,000 1,000 0%
6103 · Travel 1,000 1,000 0%
6104 · Education/Training 500 500 0%
6106 · Subscriptions 5,000 5,000 0%
Total 6100 · Education & Networking 9,500 10,500 -10%
6200 · Advertising/Marketing
6201 · Website 6,000 9,000 -33%
6206 · Advertising 13,000 13,000 0%
6207 · Gifts/Donations 500 500 0%
Total 6200 · Advertising/Marketing 19,500 22,500 -13%
6300 · Event Expenses
6320.14 · Harvest Moon Festival 500 500 0%
6320.17 · Sponsorships/Partnerships 1,000 2,700 -63%
6320.22 · National Night Out 2,500 2,500 0%
Total 6300 · Event Expenses 4,000 5,700 -30%
6330 · Banners
6330.01 · Annual Franchise Fee 3,500 2,850 23%
6330.04 · Installation/Removal 4,000 4,000 0%
6330.05 · Banners Printing 4,000 4,000 0%
Total 6330 · Banners 11,500 10,850 6%
For Internal Use Only
EXHIBIT 3
714
Downtown Stockton Alliance
2025 Budget
2025 2024 Variance
Expense (cont.)
6340 · Economic Development
6340.03 · Business Recruitment & Tours 2,000 4,000 -50% 6340.16 · Focus Block Improvement Project 6,000 30,000 -80% 6340.17 · SJC ARPA Façade / Misc. 850,000 - 100%
Total 6340 · Economic Development 858,000 34,000 2424%
6350 · WEB Projects/Security
6350.10 · Budd Alley 16,000 14,000 14%
Total 6350 · WEB Projects/Security 16,000 14,000 14%
6360 · SJC ARPA
6360.01 · SJC ARPA Expenses - 797,804 -100%
Total 6360 · SJC ARPA - 797,804 -100%
6400 · Office Expense & Supplies
6400.01 · Paper/Printing 300 1,000 -70%
6400.02 · Copier Lease & Toner 12,000 12,000 0%
6400.03 · Postage & Mailing 300 2,000 -85%
6400.04 · General Office Supplies 3,000 10,000 -70%
6400.05 · Office Equipment 1,500 5,000 -70%
6400.06 · Annual Office Cleaning 2,000 2,000 0%
Total 6400 · Office Expense & Supplies 19,100 32,000 -40% 6420 · Maintenance & Cleaning
6420.01 · Maintenance Supplies 14,672 22,000 -33%
6420.02 · Equipment Repair/Maintenance 15,000 15,000 0% 6420.03 · Equipment Replacement (capital) 15,000 15,000 0% 6420.04 · Equipment Lease/Rental 2,328 8,000 -71%
6420.05 · Radio System - 1,000 -100%
6420.06 · Uniforms 8,000 10,000 -20%
6420.07 · Gasoline 8,000 16,000 -50%
6420.10 · Maintenance Space Rental 26,000 26,000 0%
6420.20 · Auto Expense 10,000 10,000 0%
Total 6420 · Maintenance & Cleaning 99,000 123,000 -20% 6450 · Ambassador Program
6450.01 · Equipment and Supplies 4,000 3,000 33%
6450.02 · Gasoline 14,000 15,000 -7%
6450.03 · Uniforms 3,000 2,000 50%
6450.04 · Equipment Repairs 1,000 8,000 -88%
6450.05 · Miscellaneous Expenses 500 3,000 -83%
Total 6450 · Ambassador Program 22,500 31,000 -27%
For Internal Use Only
EXHIBIT 3
715
Downtown Stockton Alliance
2025 Budget
2025 2024 Variance
Expense (cont.)
6500 · Insurance
6501 · General Liability 28,000 22,000 27%
6502 · D & O Insurance 3,200 3,200 0%
6503 · Auto Insurance 25,000 25,000 0%
Total 6500 · Insurance 56,200 50,200 12%
6600 · Taxes
6601 · Property Taxes 1,000 1,000 0%
6604 · Franchise Tax 25 25 0%
Total 6600 · Taxes 1,025 1,025 0%
6700 · Utilities/Rent
6702 · Telephones 4,000 4,000 0%
6703 · Cell Phones 4,000 4,000 0%
6704 · Utilities
6704.01 · PG&E 18,000 15,000 20%
Total 6704 · Utilities 18,000 15,000 20%
6705 · Office Lease 60,000 60,000 0%
Total 6700 · Utilities/Rent 86,000 83,000 4%
Expense (cont.)
6800 · Professional & Fin. Services
6805 · Accounting Fees
6805.01 · Accounting Fees 18,000 16,000 13%
6805.02 · Willdan Assessment Service 5,000 4,500 11%
Total 6805 · Accounting Fees 23,000 20,500 12%
6806 · I.T. 14,000 14,000 0%
6812 · Authorize.net / Fin. Service 2,000 2,000 0%
Total 6800 · Professional & Fin. Services 39,000 36,500 7% 6900 · Miscellaneous Expense 700 1,000 -30%
Total Expense 2,538,599 2,413,779 5%
Net Operating Income/Expense 135,000 177,013 -24%
Other Income/Expense
Other Expense
9000 ·Reserves 10,000 10,000 0%
Total Other Expense 10,000 10,000 0%
Net Other Income/Expense 10,000 10,000 0%
Net Income/Expense 125,000 167,013 -25%
For Internal Use Only
EXHIBIT 3
716
City of Stockton
Legislation Text
File #: 25-0139, Version: 1
RESOLUTION APPROVING THE ALLOCATION OF ARTICLE 34 LOW-INCOME HOUSING UNITS

TO THE SATELLITE APARTMENTS, HARDING WAY APARTMENTS, AND CALAVERAS

QUARTERS APARTMENTS

RECOMMENDATION
It is recommended that the City Council approve a Resolution:

1. Approving the allocation of 30 units of affordable housing for the Satellite Apartments rehab/conversion project.

2. Approving the allocation of 24 new units of affordable housing for the Satellite Apartments new construction project.

3. Approving the allocation of an additional 9 new units of housing for the Harding Way Apartments rehab/conversion project.

4. Approving the allocation of 68 units of affordable housing for the Calaveras Quarters Apartments rehab/conversion project.

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

Summary
The recommended actions in this proposed Resolution are administrative in nature, updating the number of affordable housing units and/or formally designating the affordable housing units for existing housing projects pursuant to Article XXXIV of the California Constitution (Article 34). Article 34 requires voter approval for publicly funded low-income housing projects. Pursuant to a 2018 voterapproved ballot measure, the City Council has authority to designate up to 500 units per year as publicly funded affordable housing for Article 34 purposes. This designation under Article 34 is critical to all affordable housing projects, as eligibility for state grant funding is tied not only to the designation, but to the actual number of affordable housing units within each project. The following summarizes the specific designations by project.

On November 19, 2024, the City Council awarded grant funds to Satellite Apartments (Attachment A - Resolution 2024-11-19-1505). The Satellite Apartments project consists of the conversion of a property located at 530 N. Stanislaus St, Stockton CA to produce 30 affordable housing units, plus 1 manager’s unit. When approved by the City Council, a recommendation to authorize the allocation of affordable housing units pursuant to Article 34 was not included. This item seeks to allocate 30 affordable housing units approved in 2024 pursuant to Article 34. Since Council approval, the City of Stockton Page 1 of 3 Printed on 3/27/2025
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developer, Delta Community Development Corporation (DCDC), has devised a second phase of Satellite Apartments and plans to construct 24 new affordable housing units. Therefore, DCDC is seeking additional Article 34 allocation authority for the 24 new affordable housing units.

On October 1, 2024, the City Council awarded grant funds to Harding Way Apartments (Attachment B - Resolution 2024-10-01-1209). The Harding Way Apartments project consists of the conversion of a property located at 645 W. Harding Way, Stockton CA to produce 24 affordable housing units. At the time of approval, the City Council authorized the allocation of 24 affordable housing units pursuant to Article 34. Since Council approval, the developer, DCDC, has modified the scope of work of the project and plans to add an additional 9 affordable housing units for a total of 33 affordable housing units. DCDC is seeking Article 34 allocation authority for the 9 new affordable housing units.

On May 21, 2024, the City Council awarded grant funds to Calaveras Quarters Apartments (Attachment C - Motion 2024-05-21-1212). The Calaveras Quarters Apartments project consists of the conversion of a property located at 2654 West March Lane in Stockton to produce 68 affordable housing units. When approved by the City Council, a recommendation to authorize the allocation of affordable housing units pursuant to Article 34 of the California Constitution was not included. This item seeks to allocate 68 affordable housing units pursuant to Article 34.

DISCUSSION
Background
Article 34 requires voter approval of publicly assisted affordable housing projects. In 2018, voters of the City of Stockton gave the City Council the authority to approve up to 500 units of affordable housing per year (Attachment D - Resolution 2018-12-18-0401). In 2024, the City Council authorized 147 units across 4 projects, as follows:
· Danny Drive Apartments - 110
· 521 E Main St - 12
· Harding Way Apartments - 24
· STAND Property Acquisition - 1
Present Situation
Calaveras Quarters & Satellite Apartments May 2024
On May 21, 2024, City Council approved the award of Homeless Housing, Assistance and Prevention (HHAP) Round 3 and 4 funding to the Calaveras Quarters Apartments and Satellite Apartments projects. The approved motion stated that Calaveras Quarters would add 68 units of housing, and Satellite Apartments would preserve 31 units of housing (30 affordable units, plus 1 manager’s unit).

The item did not include a recommendation to approve affordable housing pursuant to Article 34 of the California Constitution. The omission of reference to Article 34 was an administrative oversight.

This item seeks to retroactively approve the allocation of 68 units of affordable housing for the Calaveras Quarters Apartments project and 30 affordable housing units for the Satellite Apartments project, project pursuant to Article 34 of the California Constitution.

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Satellite Apartments New Construction
Since the allocation of HHAP funding to Satellite Apartments, the project developer, DCDC, modified the project to add 24 units of housing by adding a new building ("Satellite New Construction") on the parking lot of the Satellite project site. The Satellite New Construction project is designed to provide stable, supportive homes for individuals with serious behavioral health conditions, including those with serious mental illness and substance use disorder, who are experiencing homelessness or are at risk of homelessness. Supported by the Behavioral Health Bridge Housing Program, with support from the County of San Joaquin Behavioral Health Services, the project aims to serve individuals experiencing homelessness who face serious behavioral health challenges that hinder their ability to access assistance and achieve stability. Through this item, DCDC is seeking the approval of the 24 new units for the Satellite Apartments New Construction project, pursuant to Article 34 of the California Constitution. This designation will allow DCDC the ability to apply for state and/or federal financing to assist in the development of the project.

Harding Way Apartments Additional Units
On October 1, 2024, City Council approved the allocation of Pro-Housing Incentive Program (PIP) funding for the Harding Way Apartments project. At the time the project was approved by Council, the proposed project was designed as a 24-unit affordable housing project which Council authorized pursuant to Article 34. The developer, DCDC, has since revised the unit mix and updated the project scope to add 9 new units of affordable housing. In total, Harding Way Apartments will add 33 new units of affordable housing. Through this item, DCDC is seeking the approval for the 9 additional units for the Harding Way Apartments project, pursuant to Article 34 of the California Constitution.

This designation will allow DCDC the ability to apply for state and/or federal financing to assist in the development of the project.

FINANCIAL SUMMARY
The proposed resolution will have no financial impact on the General Fund or any other unrestricted fund.

Attachment A - Resolution 2024-11-19-1505
Attachment B - Resolution 2024-10-01-1209
Attachment C - Motion # 2024-05-21-1212
Attachment D - Resolution 2018-12-18-0401
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Resolution No.

STOCKTON CITY COUNCIL
ALLOCATION OF ARTICLE 34 LOW-INCOME HOUSING UNITS TO THE SATELLITE

APARTMENTS, HARDING WAY APARTMENTS, AND CALAVERAS QUARTERS

APARTMENTS
Article XXXIV (Article 34) of the California Constitution requires voter approval of publicly assisted affordable housing projects. In 2018, voters of the City of Stockton gave the City Council the authority to approve up to 500 units per year; and Calaveras Quarters & Satellite Apartments May 2024. On May 21, 2024, City Council approved Motion 2024-05-21-1212 to award Homeless Housing, Assistance and Prevention (HHAP) Round 3 and 4 funding to the Calaveras Quarters Apartments and Satellite Apartments projects. The approved motion stated that the Calaveras Quarters project would add 68 units of housing, and the Satellite Apartments would preserve 31 units of housing (30 affordable units, plus 1 manager’s unit). The item did not include a recommendation to approve affordable housing pursuant to Article 34 of the California Constitution. This item seeks to retroactively approve the allocation of 68 units of affordable housing for Calaveras Quarters Apartments and 30 affordable housing units for Satellite Apartments, project pursuant to Article 34 of the California Constitution; and Satellite Apartments New Construction. Since the allocation of HHAP funding to Satellite Apartments, the project developer, Delta Community Development Corporation (DCDC), seeks to add 24 units of housing by adding a new building ("Satellite New Construction") on the parking lot of the Satellite project site. The Satellite New Construction project is designed to provide stable, supportive homes for individuals with serious behavioral health conditions, including those with serious mental illness and substance use disorders, who are experiencing homelessness or are at risk of homelessness. Supported by the Behavioral Health Bridge Housing Program, with support from the County of San Joaquin Behavioral Health Services, the project aims to serve individuals experiencing homelessness who face serious behavioral health challenges that hinder their ability to access assistance and achieve stability. Through this item, DCDC is seeking approval of the 24 new units for the Satellite Apartments New Construction project, pursuant to Article 34 of the California Constitution. This will allow DCDC the ability to apply for state and/or federal financing to assist in the development of the project; and
Harding Way Apartments Additional Units. On October 1, 2024, City Council approved a resolution to allocate Pro-Housing Incentive Program (PIP) funding to the Harding Way Apartments project. At the time the project was approved by Council, the proposed project was designed as a 24-unit affordable housing project, which Council authorized pursuant to Article 34. The developer, DCDC, has since revised the unit mix and updated the project scope to add 9 new units of affordable housing. In total, Harding Way Apartments will add 33 new units of affordable housing. Through this item, DCDC is 754
seeking the approval of the 9 additional units for the Harding Way Apartments project, pursuant to Article 34 of the California Constitution. This will allow DCDC the ability to apply for state and/or federal financing to assist in the development of the project; and The designation of the additional 131 affordable housing units detailed in this resolution, added to the already designated number of 147 units, creates a total of 278 units, well below the voter-approved allowable total of 500 units; now therefore,

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

The City Council hereby approves:

1. The allocation of 30 units of affordable housing for the Satellite Apartments rehab/conversion project.

2. The allocation of 24 new units of affordable housing for the Satellite Apartments New Construction project.

3. The allocation of an additional 9 new units of housing for the Harding Way Apartments rehab/conversion project.

4. The allocation of 68 units of affordable housing for the Calaveras Quarters Apartments rehab/conversion project.

5. The City Manager or designee is hereby authorized to execute all documents and take all necessary and appropriate actions to carry out the purpose and intent of the Resolution.

PASSED, APPROVED, and ADOPTED April 1, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
755
City of Stockton
Legislation Text
File #: 25-0158, Version: 1
ADOPT A RESOLUTION AUTHORIZING A CONTRACT WITH SNF POLYDYNE INC. FOR THE

PURCHASE OF WASTEWATER TREATMENT POLYMER

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

1. Accept the Specifications and Addenda for the Request for Sealed Bids for the purchase of wastewater treatment polymer (PUR 25-006) (Exhibit 1 to the Resolution).

2. Authorize a five-year contract with SNF Polydyne Inc. of Riceboro, Georgia for the purchase of wastewater treatment polymer with a not-to-exceed amount of $671,866 (Exhibit 2 to the Resolution).

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

Summary
The Municipal Utilities Department (MUD) is comprised of three enterprise funds including Water, Wastewater, and Stormwater Utilities. The Wastewater Utility includes a sanitary sewer collection system of approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment. The system collects sewage from properties within the City, special districts outside the City, and certain areas within San Joaquin County. The RWCF is an advanced tertiary treatment facility with a 55 million-gallon per day (MGD) capacity and is located adjacent to the San Joaquin River.

The RWCF includes a chemically enhanced primary treatment system that uses polymer chemicals for the removal of suspended solids from wastewater. Polymers are long-chain organic chemicals, which make it easier to separate suspended solids from wastewater during the treatment process.

Staff recommend awarding a five-year contract to SNF Polydyne, Inc., for the purchase of wastewater treatment polymer with a not-to-exceed amount of $671,866.

DISCUSSION
Background
The RWCF uses various polymers as part of the wastewater treatment processes, including the chemically enhanced primary treatment system. Long-chain organic polymers are coagulants that City of Stockton Page 1 of 2 Printed on 3/27/2025
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thicken suspended solids in wastewater by forming floc, which bind together to make it easier to separate and settle the solids from during the treatment process.

The type, quantity, and dosing rate of polymer used in the wastewater treatment process are dependent on the characteristics of the wastewater being treated. A product that works for one treatment plant may not work for another due to the varying nature of wastewater and the regulatory requirement to meet specific treatment criteria.

The invitation to bidders (PUR 25-006) was published on August 1, 2024, for the purchase of polymer for wastewater treatment.

Between August 19, 2024 and August 22, 2024, a performance-based bid that included bench-scale testing by prospective bidders was used to determine their respective product effectiveness and dosage standards.

Present Situation
Full-scale performance testing was held the week of November 6, 2024. While two potential vendors responded within the advertised time, only one of the invited vendors participated.

SNF Polydyne, Inc. of Riceboro, Georgia, performed both bench and full-scale performance testing.

SNF Polydyne, Inc. currently supplies other polymers to the City and submitted the only responsive bid received on December 12, 2024. Bid results for SNF Polydyne, Inc., of Riceboro, GA, are shown below:

Company Location Bid Amount
Polydyne Inc. Riceboro, Georgia $1.35 per pound
The bid submitted by SNF Polydyne, Inc is regular in all aspects and meets the City specifications.

The proposed contract is for the annual purchase and delivery of approximately 43 dry tons of Clarifloc WE-2793 Polymer at the dosing amount of one part per million (1 ppm) into an average flow of 28 MGD. The City will only pay for the quantity of polymer delivered. The bid allows for a maximum 3% cost increase for each succeeding year as long as either raw material or production costs have increased.

Staff recommend awarding a five-year contract to SNF Polydyne, Inc., for the purchase of wastewater treatment polymer (Clarifloc WE-2793) with a not-to-exceed amount of $671,866.

FINANCIAL SUMMARY
The first full year of the contract is $126,549.00. The total not-to-exceed amount of this contract for five years is $671,866. Funds for the first year of the contract will be available following City Council approval of the FY 2025-26 Annual Budget from the Wastewater Operations - Chemicals account.

Funds for future annual purchases will be budgeted in the same account and presented to the City Council for approval during the annual budget process.

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

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING A CONTRACT WITH SNF POLYDYNE INC. FOR THE

PURCHASE OF WASTEWATER TREATMENT POLYMER
The Regional Wastewater Control Facility (RWCF) uses various polymers as part of the wastewater treatment processes; and
Polymers are coagulants that thicken suspended solids in wastewater, making it easier to separate during the wastewater treatment process; and The type, quantity, and dosing rate of polymer used in the wastewater treatment process are dependent on the characteristics of the wastewater being treated. A product that works for one treatment plant may not work for another due to the varying nature of wastewater and the regulatory requirement to meet specific treatment criteria; and On August 1, 2024, an Invitation for Bid for a performance-based bid for the purchase of polymer for the Chemically Enhanced Treatment at the Stockton Regional Wastewater Control Facility (PUR 25-006) was advertised in The Record and the City’s Bid Flash; and
Between August 19, 2024, and August 22, 2024, a performance-based bid including bench-scale testing by prospective bidders was used to determine their respective product effectiveness and dosage standards; and During the week of November 6, 2024, full-scale performance testing was held at the RWCF. However, one of the invited vendors decided not to participate in the testing; and
On December 12, 2024, the City Clerk’s office received one sealed bid from SNF Polydyne, Inc. of Riceboro, Georgia, that was regular in all aspects with a cost of $1.35 per pound; now, therefore,

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

1. The Specifications for the Invitation for Bids for Chemically Enhanced Treatment Polymer (PUR 25-006) are hereby accepted and attached as Exhibit 1 and incorporated by this reference.

2. The City Manager is authorized to execute a five-year contract with SNF Polydyne, Inc. of Riceboro, Georgia, to provide polymer at the Regional Wastewater Control Facility with a total not-to-exceed cost of $671,866, a copy of which is attached as Exhibit 2 and incorporated by this reference.
758

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

PASSED, APPROVED, and ADOPTED April 1, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
759

REQUEST FOR SEALED BIDS

CHEMICALLY ENHANCED TREATMENT POLYMER

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 25-006
EXHIBIT 1
760

IFB INFORMATION
Contact ANDRIELYN GLADNEY
Email Address [email protected]
MANDATORY On-Site
Meeting
(Bench Testing)
Week of August 19, 2024 (Scheduled
bidders only)
2500 Navy Drive, Stockton, CA 95206
MANDATORY On-Site
Meeting
(Performance Testing)
Week of September 3, 2024 (Invited
bidders only)
2500 Navy Drive, Stockton, CA 95206
Due Date for Questions
and Clarifications
September 13, 2024; 2:00 PM PST
Due Date for Response
to
Questions/Clarifications
September 19; 5:00 PM PST
IFB Submittal
Electronic Mail
[email protected]
IFB Submittal Due Date
& Time
Thursday, September 26, 2024; 2:00 PM
PST
Proposal shall be electronically
delivered to the email address above at
or before the hour stated. Proposals
arriving after the opening deadline will
not be accepted.

Anticipated Date for
Council Approval
December 03, 2024
EXHIBIT 1
761
Table of Contents

1.0 GENERAL INFORMATION .................................................................................... 2

1.1 REQUEST FOR SEALED BID............................................................................... 2

1.2 INVITATION TO SUBMIT A BID ........................................................................... 2

1.3 LOCAL BUSINESS PREFERENCE...................................................................... 2

1.4 LOCAL EMPLOYMENT — PUBLIC WORKS CONTRACTORS..................... 3

1.5 CONSEQUENCE OF SUBMISSION OF BID ...................................................... 3

1.6 EXAMINATION OF BID MATERIALS.................................................................. 3

1.7 ADDENDA AND INTERPRETATION ................................................................... 3

1.8 DISQUALIFICATION............................................................................................... 4

1.9 BID REJECTED........................................................................................................ 4

1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED . 5

1.11 LICENSING REQUIREMENTS.............................................................................. 5

1.12 INSURANCE REQUIREMENTS............................................................................ 5

1.13 HOLD HARMLESS .................................................................................................. 6

1.14 APPLICABLE LAW.................................................................................................. 6

1.15 METHOD OF PAYMENT ........................................................................................ 6

1.16 NOTICE TO OUT-OF-STATE VENDOR............................................................... 6

1.17 TERM.......................................................................................................................... 7

1.18 COMPETITIVE PRICING......................................................................................... 7

1.19 FUNDING................................................................................................................... 7

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE............................... 7

1.21 AUDITING OF CHARGES & SERVICES............................................................. 7

1.22 BID SECURITY......................................................................................................... 7

1.23 CONTRACT BONDS............................................................................................... 8

1.24 AWARD...................................................................................................................... 8

1.25 CHANGES ................................................................................................................. 9

1.26 OTHER GOVERNMENTAL AGENCIES............................................................... 9

1.27 LIQUIDATED DAMAGES........................................................................................ 9

1.28 PRODUCT OWNERSHIP...................................................................................... 10 EXHIBIT 1
762

1.29 CONFIDENTIALITY ............................................................................................... 10

1.30 JOB WALK.............................................................................................................. 10

1.31 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR
REGISTRATION REQUIREMENTS.................................................................... 10

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY................................................ 11

1.33 PROTEST POLICY................................................................................................. 11

2.0 BACKGROUND/GENERAL NATURE OF SPECIFICATION ......................... 13

2.1 SCOPE OF WORK................................................................................................. 13

2.2 SPECIFICATIONS................................................................................................ 16

2.3 CITY RESPONSIBILITIES.................................................................................... 20

3.1 BIDDER'S CHECKLIST......................................................................................... 21 BID DOCUMENTS ..................................................................................................................... 22 NON-COLLUSION ..................................................................................................................... 24 SUBCONTRACTOR LIST ........................................................................................................ 24 EXHIBIT 1
763

NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for PUR 25-006 CHEMICALLY ENHANCED TREATMENT POLYMER in strict accordance with the specifications.

The City of Stockton is seeking competitive bids from qualified vendors interested in a multi-year contract to provide the City with polymer for their Chemically Enhanced Primary Treatment (CEPT) station at the Regional Wastewater Control Facility.

The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be electronically delivered to [email protected] up to but not later than 2:00 pm on Thursday, September 26, 2024.

Mandatory bench testing will be held during the week of August 19, 2024 at 2500 Navy Dr, Stockton CA 95206. Contact Phil McKinney at (209) 937-8736 to arrange testing at the Regional Wastewater Control Facility in accordance with the specifications by Thursday, August 8, 2024 2:00 p.m. (PST). Bidders will be notified of their test results. ONLY BIDDERS WHO SUCCESSFULLY COMPLETE THE TEST WILL BE PERMITTED TO BID. SAMPLES ARE TO BE PROVIDED AT NO COST TO THE CITY. Late arrivals may be admitted at the City’s discretion. Failure to attend will result in your bid being rejected. The City reserves the right to reject any and/or all bids received.

Information on Bid Process/Clarification/Technical Data Andrielyn Gladney, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

Dated: August 1, 2024

KATHERINE ROLAND, CMC, CPMC, INTERIM CITY CLERK

CITY OF STOCKTON
EXHIBIT 1
764

1.0 GENERAL INFORMATION
The City of Stockton is seeking competitive bids from qualified vendors interested in a multi-year contract to provide the City with polymer for their Chemically Enhanced Primary Treatment (CEPT) station at the RWCF. The station works in conjunction with ferric chloride dosing to improve settling during primary treatment.

Influent is also dosed with hydrogen peroxide for control of hydrogen sulfite.

This is a multi-step Invitation to Bid which includes both bench and performance testing of vendor products to determine their ability to meet City’s specifications.

1.1 REQUEST FOR SEALED BID
The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide CHEMICALLY ENHANCED TREATMENT POLYMER PUR 25-006 for the City of Stockton.

1.2 INVITATION TO SUBMIT A BID
Bids shall be submitted no later than 2:00 pm, on Thursday, September 26, 2024.

The bid should be identified in the Subject of CHEMICALLY ENHANCED TREATMENT POLYMER for the City of Stockton PUR 25-006. Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.

1.3 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03-18-1601 C.S. § 1; prior code § 3-106.1) EXHIBIT 1
765

1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS
Bidders must comply with City of Stockton Municipal Code (SMC) Section

3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.

1.5 CONSEQUENCE OF SUBMISSION OF BID
A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.

B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.

C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.

1.6 EXAMINATION OF BID MATERIALS
The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.

The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.

1.7 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in an e-mail and deliverable to:

CITY OF STOCKTON
ATTN: ANDRIELYN GLADNEY

PROCUREMENT DIVISION
[email protected]

Such request for clarification shall be delivered to the City by 2:00 pm on THURSDAY, SEPTEMBER 26, 2024. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at EXHIBIT 1
766
www.stocktonca.gov/mudbid by 2:00 PST September 13, 2024, and will become a part of the bid addendum. The bidder should await responses to inquires prior to submitting a bid.

1.8 DISQUALIFICATION
Any of the following may be considered cause to disqualify a bidder without further consideration:

A. Evidence of collusion among bidders;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered nonresponsive.

D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or
E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

1.9 BID REJECTED
A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:

A. Any of the bid forms are left blank or are materially altered; B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.

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1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.

B. If bidder's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.

1.11 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.

Bidders must possess special licensing requirements, if applicable, to perform the work specified within these documents.

A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

1.12 INSURANCE REQUIREMENTS
Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.

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Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.

1.13 HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

1.14 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, county of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

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.

1.15 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.

1.16 NOTICE TO OUT-OF-STATE VENDOR
The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.

It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.

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be remitted to the BOE directly by the City under permit number SR KHE 28- 051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.

1.17 TERM
The City plans to establish a five (5) year contract.

1.18 COMPETITIVE PRICING
Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

1.19 FUNDING
Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.

1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE
The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.

1.21 AUDITING OF CHARGES & SERVICES
The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.

1.22 BID SECURITY
Every bid offered shall be accompanied by an acceptable financial instrument (bidder’s bond, certified or cashier’s check) in favor of and payable at sight to the City of Stockton for an amount not less than $0.00 or a bidder's bond executed by a surety authorized by the Insurance Commissioner to transact business of EXHIBIT 1
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insurance in the State of California, made out in favor of the CITY OF STOCKTON for an amount not less than $0.00 and no bid shall be considered unless accompanied by such certified or cashier’s check or bidder's bond.

If bidder elects to accompany their bid with a bidder's bond, then said bond shall state on its face that, "in the event the person, firm, or corporation is awarded the contract and the said bidder shall fail, neglect, or refuse to enter into a contract to said equipment or materials, then the amount therein mentioned in the bidder's bond accompanying the bid of said person, firm, or corporation shall be declared to be forfeited to the City."
In the event that the person, firm, or corporation to whom said contract may be awarded fails, neglects, or refuses to enter into contract to furnish said equipment, materials or services, as hereinbefore provided within thirty (30) days of award, then the cashier's check, or certified check and the amount therein mentioned, accompanying the bid of said person, firm, or corporation, shall be declared to be forfeited to said City; or, if non-complying bidder has accompanied their bid with a bidder's bond, appropriate legal action to collect the bidder's bond, shall be undertaken.

As information, the City will NOT accept company or personal checks for bid security.

1.23 CONTRACT BONDS
The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of $0.00 or 0% and shall be furnished concurrently with the signing of the contract.

The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.

Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.

All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.

1.24 AWARD
Upon conclusion of the bid process, a contract may be awarded for PUR 25-006 CHEMICALLY ENHANCED TREATMENT POLYMER for the City of Stockton.

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The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.

Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:
 Kind
 Suitability
 Warranties
 Trade-in
 Buy-back agreement
 Salvage value
 Standardization
 Delivery time
 Any other criteria as best suits the City of Stockton  Compatibility resulting in the lowest ultimate cost; Best value to the City

1.25 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

1.26 OTHER GOVERNMENTAL AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.

Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.

1.27 LIQUIDATED DAMAGES
Liquidated damages in the amount of $0.00 dollars per day will be assessed per each working day over the N/A allotted for this project.

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1.28 PRODUCT OWNERSHIP
Any documents, products or systems resulting from the contract will be the property of the City of Stockton.

1.29 CONFIDENTIALITY
If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.

The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.

The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.

1.30 JOB WALK
Mandatory bench testing will be held during the week of August 19, 2024 at 2500 Navy Dr, Stockton CA 95206. Contact Phil McKinney at (209) 937-8736 to arrange testing at the Regional Wastewater Control Facility in accordance with the specifications by Thursday, August 8, 2024 2:00 p.m. (PST). Bidders will be notified of their test results. ONLY BIDDERS WHO SUCCESSFULLY COMPLETE THE TEST WILL BE PERMITTED TO BID. SAMPLES ARE TO BE PROVIDED AT NO COST TO THE CITY. Late arrivals may be admitted at the City’s discretion. Failure to attend will result in your bid being rejected. The City reserves the right to reject any and/or all bids received.

1.31 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION

REQUIREMENTS
Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is EXHIBIT 1
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authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

Department of Industrial Relations- Contractor Registration information and web link: http://www.dir.ca.gov/Public-Works/PublicWorks.html In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

1.32 CONTRACTOR’S SAFETY RESPONSIBILITY
The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.

1.33 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.

PROTEST PROCEDURE

1. All protests must be in writing and stated as a formal protest.

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2. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.

3. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised, and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.

4. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails and or posts on the City’s Bid Flash platform, the Letter of Intent to Award.

5. Deliveries of the protest by hand, mail, email are acceptable.

6. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.

PROTEST REVIEW

1. The Chief Financial Officer or designee shall respond in writing to material issues raised in the protest within thirty (30) days of receipt of the protest letter.

2. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's decision has been made.

3. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.

4. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.

5. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.

6. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).

7. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.

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2.0 BACKGROUND/GENERAL NATURE OF SPECIFICATION
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south.

Approximately 310,000 residents live in Stockton.

The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF, located at 2500 Navy Drive, is a tertiary wastewater treatment plant that includes primary and secondary treatment.

2.1 SCOPE OF WORK
The City of Stockton is seeking competitive bids from qualified vendors interested in a multi-year contract to provide the City with polymer for their Chemically Enhanced Primary Treatment (CEPT) station at the RWCF. The station works in conjunction with ferric chloride dosing to improve settling during primary treatment. Influent is also dosed with hydrogen peroxide for control of hydrogen sulfite.

This is a multi-step Invitation to Bid which includes both bench and performance testing of vendor products to determine their ability to meet City’s specifications.

Interested vendors must submit products for performance testing at the City’s Regional Wastewater Control Facility. Only the vendors whose products have been performance tested and meet City’s specifications, will be invited to submit bids.

A. DELIVERY
The price quoted shall include all shipping, delivery, and unloading charges.

WASTEWATER TREATMENT PLANT
2500 NAVY DRIVE

STOCKTON, CA
All deliveries may not be limited to these sites.

It will be the responsibility of the bidder to provide adequate assistance and/or equipment necessary to load and unload their products at the delivery site. No fee or additional charge will be accepted for split loads or multiple deliveries.

Deliveries of chemicals shall be made within one week (5 business days) of notification (excluding weekends and holidays) of the time of order. However, in cases of critical need, shorter delivery times, including possible weekend and EXHIBIT 1
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holiday deliveries may be required. Delivery is to be between the hours of 7:00 a.m. and 3:00 p.m., Monday through Friday. The vendor with the particular plant destination shall pre-arrange any variance from these days and hours.

Polymers shall be clean and free of foreign substances. A certificate of analysis shall be provided for each delivery. The chosen polymer shall have no apparent separation within 30 days of delivery to the City. Separation of polymer in storage containers during the full-scale test may result in the rejection of that polymer.

B. BENCH TESTING
Contact Phil McKinney at (209) 937-8736 to arrange testing at the Regional Wastewater Control Facility in accordance with the specifications by 2:00 p.m., on Thursday, August 8, 2024. Bidders will be notified of their test results. ONLY

BIDDERS WHO SUCCESSFULLY COMPLETE THE TEST WILL BE
PERMITTED TO BID. SAMPLES ARE TO BE PROVIDED AT NO COST TO THE CITY.

C.INSPECTION AND ACCEPTANCE AT DESTINATION
Final inspection and acceptance shall be at destination. Although source inspection by the City is not anticipated, the City reserves the right to conduct such inspection as it deems appropriate.

D. SERVICE AND WARRANTY
Unless otherwise specified, the Vendor shall define any warranty service and replacements that will be provided during and subsequent to this contract.

Bidders must explain on an attached sheet to what extent warranty and service facilities are provided.

E. SAMPLES OR SPECIMENS
The supplier shall prepare test specimens of such materials to be furnished as the City may require. Each bidder shall submit, with their bid, a complete set of specifications describing the equipment or material which they propose to furnish. Samples of items, when called for, must be furnished free of expense.

Each individual sample must be labeled with the Supplier’s name, manufacturer’s brand name and number, contact number, and item reference.

F. CONFORMANCE TO SPECIFICATIONS
All materials must be of the specified quality and equal to the approved sample, if samples have been required. It shall be the duty of the supplier to call attention to apparent errors or omissions in the specifications and request instructions before proceeding. The City may, by appropriate instructions, correct errors and supply omissions, which instructions shall be as binding upon the supplier as EXHIBIT 1
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though contained in the original specifications. All materials furnished must be satisfactory to the City. Material not in accordance with these specifications, in the opinion of the City, shall be made to conform thereto. Unsatisfactory material will be rejected by the City.

G. SUBSTITUTIONS
Unless qualified by the provision “NO SUBSTITUTIONS,” any manufacturers’ names, trade name, brand names, information, and/or catalogue numbers listed in a specification are for information and not intended to limit competition. The Bidder may offer any brand for which they are the authorized representative, which meets or exceeds the specification for any item(s). If bid is based on equivalent products, indicate on the bid form the manufacturers’ name and number. Bidder shall submit with their bid, sketches, descriptive literature, and complete specifications. Reference to literature submitted with a previous bid will not satisfy this provision. The Bidder shall also explain in detail the reason(s) why the proposed equivalent will meet the specifications and not be considered an exception thereto. Bids which do not comply with these are subject to rejection.

H. DAMAGES
Until material has been furnished in accordance with these specifications, all loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered, or from any action of the elements, or from any act or omission not authorized by these specifications on the part of the supplier or any agent or person employed by them, shall be sustained by the supplier.

I. REMOVAL AND REPLACEMENT OF DEFECTIVE MATERIALS
The supplier shall remove and replace, at their expense, any part of the material that has been improperly provided. If they refuse or neglect to replace such defective material, it may be replaced by the City at the expense of the supplier.

J. ADJUSTMENT IN CONTRACT PRICES
If, during this contract, the contract supplier(s) posted or advertised price of the item or items bid should be below the price bid, the City may receive a reduction in its contract prices to conform to such posted or advertised prices.

Manufacturers’ price increases or other increases in the cost of doing business may not be passed on to the City unless so specified in the Bid. Nor may the supplier withdraw or cancel the contract or any part of the contract for these reasons. supplier may cancel the contract only if a supplier cancellation clause is included as a part of the bid and then only if the contractual obligation has been fulfilled by the supplier in accordance with the terms stated in the bid. Any price decrease effectuated during the contract period by reason of market change shall EXHIBIT 1
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be passed on to the City. There will not be a price increase within the first year of the contract.

K. SUCCESSORS AND ASSIGNS
City of Stockton and supplier each bind themselves, their partners, successors, assigns, and legal representatives to this agreement without the written consent of the others. Supplier shall not assign or transfer any interest in this agreement without prior written consent of the City. Consent to any such transfer shall be at the sole discretion of the City of Stockton.

L. SAFETY DATA SHEETS
Safety data sheets shall be furnished by the successful bidder and shall be included in each delivery. Additionally, the successful bidder shall furnish safety data sheets to the Program Manager III – Wastewater within 14 days of any updates.

M. INVOICES
The following information must be provided on the invoice for each delivered shipment.

1. Order date, time, and person placing order.

2. Delivery date and time.

3. Liquid pounds of Polymer delivered.

4. Total solids concentration of Polymer delivered.

5. Dry pounds of Polymer delivered.

6. Price of Polymer.

7. Total charge for Polymer delivery.

8. Contract Number.

N. POLICY STATEMENT
Each bidder is required to state their policy regarding demurrage, if any.

2.2 SPECIFICATIONS
Any exceptions to the specifications must be noted. Details concerning the exceptions must be clearly explained. The following is a list of the minimum specifications. Bidder to note compliance or deviation on a separate sheet attached to the bid form.

A. GENERAL
The polymer pre-qualification bench test screening will be conducted as shown EXHIBIT 1
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below. Vendors are to contact Phil McKinney at (209) 937-8736 to schedule a test session(s). Bench testing will be held August 19, 2024, through August 22, 2024. There will be a maximum of two (2) test sessions scheduled per day, Monday through Thursday. The morning session will begin at 8:00 AM and end at 12:00 PM. The second session will begin at 1:00 PM and end at 5:00 PM.

No jar test samples will be allowed to be drawn prior to bidders scheduled day of polymer bench test screening. Bidders will be allotted a four-hour block of time to complete all jar work and testing. The polymer bench test will be completed on the primary influent composite sample collected that morning.

Bidders are expected to attend their scheduled session and be completely prepared to begin and end at their scheduled time. Test session(s) may be suspended at City discretion if Bidders are not prepared to start on time or are exceeding their time allowed.

At least one week prior to pre-qualification testing, the Bidder must provide to the City all insurance requirements as outlined in Exhibit 1: Insurance Requirements, the Safety Data Sheet, and Product Bulletin for each proposed polymer. The Product Bulletin shall include the total solids and viscosity of the material. A Certificate of Analysis to include percent aluminum as AL2O3, percent polymer, pH, and specific gravity shall be provided along with the Technical Product Bulletin.

Polymers supplied shall be clean and free of foreign substances. Bidders must provide a certificate of analysis for each delivery of product. Product must be a homogenous mixture free from any stratification and have a guaranteed shelf life for performance and stability for six (6) months.

Bidders will be expected to provide their own equipment if specialized equipment is needed for administering the polymer during jar, or full-scale testing.

Additional jar testing will be conducted the week of August 26, 2024, to determine the best polymer to remove algae from pond water returned to the headworks.

B. POLYMER BENCH TEST SCREENING
Bidders to supply all necessary equipment to make down polymer solutions and perform jar tests. The City will supply five to ten (5-10) gallons of Primary influent composite samples. Bidders will be allowed to pre-qualify and select one polymer product only for testing full scale.

The City is evaluating the addition of pond water to the headworks in the future and will provide pond water sampling in addition to the bar screen influent composite samples for bench testing purposes.

C. FULL SCALE PERFORMANCE TESTING
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Each bidder will be allowed to full-scale trial one (1) pre-qualified product. If bidders have more than one product pre-qualified, they must make the decision as to which product they will submit for the full-scale test. Bidders will be allowed a maximum of eight (8) hours to complete testing. The bidder shall provide polymer identical to the product pre-qualified from the bench test at no cost to the City.

The neat polymer delivered by the bidder must not contain solidified masses of polymer and must be 100 percent in solution when mixed by means of the City's polymer solution batch mixing procedure. Polymer not meeting this specification can cause clogging in the City's polymer feed system and will automatically be rejected by the City. The trial polymer will be batched to a concentration selected by the bidder. The trial polymer will be fed at the CEPT injection point.

The bidder shall provide an optimum polymer dose rate. The City shall monitor the Primary Influent flow for stability and communicate any major variations with the bidder.

Each bidder will be given 1 hour to find their optimal dosage rate that meets the performance requirements given below before testing begins.

Desirable polymer performance is as follows:
• TSS Removal: 65%
• BOD Removal: 45%
Test Procedure:

1. The Vendor shall submit one (1) product for trial. The bidder must deliver enough polymer for eight (8) hours and 30 minutes of continuous testing.

2. Immediately before the test begins, the tank level for the neat test polymer will be recorded.

3. Once the Vendor is ready, the polymer feed to the CEPT will begin. Then the polymer will be adjusted accordingly to produce the best performance, Vendor will make all necessary adjustments. The bidder is allowed a maximum of 1 hour to optimize the dosage before the test begins.

4. Thirty minutes after the trial starts, influent samples will be taken by City Operators.

5. Thereafter, the City will collect the samples every hour (60) minutes for the duration of the eight-hour trial period.

6. Immediately after the test ends, the tank level for the neat test polymer will be recorded.

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The bidder must make every effort to ensure that testing stays within their scheduled session. If they are unable to complete the testing within the scheduled session, the City may, at their discretion, either schedule another test session or disallow any further testing of the Vendor’s product. Should some unforeseen situation occur that is the responsibility of the City (e.g., City-owned equipment failure, etc.) the City will allow the bidder to reschedule the session.

7. Polymer trial information, and any discrepancies noted by either party, will be recorded and signed by the Vendor and the City representative. The City Laboratory may conduct an analysis on total polymer active substance. Testing will be conducted in accordance with Standard Methods for Examination of Water and Wastewater, 21st Edition, Method 2540G (total, fixed, and volatile solids in solid and semi-solid samples). Vendors shall utilize the data provided to them by the City, to assist them in completing their bid proposal.

The City Laboratory will conduct analysis on all samples collected for the trial and the resulting data will be used to determine the polymer product performance for purposes of the dosage used to award the low bid.

Bidders shall have their polymer containers removed within five (5) days after their trial. Bidders’ equipment shall be removed by the end of the day of completion of their trial. Any containers or equipment that is not removed within the time frame specified will be removed by the City and the bidder billed for the expense.

D. POLYMER EVALUATION
Dosing points in the sample set which meet established minimum performance requirements would be considered a qualifying point. The following polymer evaluation formula will be utilized to assist in determining the award of bid. The polymer dosage which results in the lowest overall cost will be used for bid evaluation purposes.

The polymer evaluation formula for CEPT consists of the following:

Polymer Dosing Cost Factor (PDCF):
(0.144 MGD)*(8.34 LBS/GAL)*(X)*(P) =

TOTAL ANNUAL POLYMER COST
(PDCF)*365 =
Where
X = Polymer Dosage, mg/L
P = Polymer Price per Bid $/LB
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2.3 CITY RESPONSIBILITIES
The City will provide influent for bench testing CEPT polymer and Pond water for bench testing for algae.

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3.1 BIDDER'S CHECKLIST
THIS CHECKLIST IS PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH BID.

Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 22 to 25, along with any illustrations/brochures):

1. Bid Documents Cover Page*

2. Cost Table for Products and Services (Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid) *

3. Bidders Agreement*

4. Non-Collusion Affidavit - Sign and notarize by jurat certificate the “Non- Collusion Affidavit” form. An “All-Purpose Acknowledgment” form will not be sufficient.

5. Sub-Contractor List*

7. Any Addendum Acknowledgements. Print and sign all Addendums on the City’s website at www.stocktonca.gov/mudbid listed under the PUR 25-006 and submit with Bid response. *
Email bid to City Clerk's Office at [email protected], before THURSDAY, SEPTEMBER 26, 2024 AT 2:00 PM. Bid shall be marked "Bid" and indicate PUR 25-006 CHEMICALLY ENHANCED TREATMENT POLYMER, and THURSDAY SEPTEMBER 26, 2024.

CONTACT INFORMATION:

Information on Bid Process/Clarification/Technical Data ANDRIELYN GLADNEY, Procurement Specialist I
(209) 937-8357
e-mail: [email protected]
*If not completed as required, your bid may be voided.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.

EXHIBIT 1
784

BID DOCUMENTS
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_____________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________
EXHIBIT 1
785
The bidder hereby agrees to furnish the materials listed below in accordance with the specifications and the foregoing Special Instructions for the amount quoted. Quantities stated herein are approximate -- increases or decreases shall depend on City of Stockton requirements and are subject to City fiscal year appropriations.

Brand Name Quoted: ________________________________________________ Price per pound (Wet Weight): ______________________________________ $/LB FOB Destination
Price to include De-scaling Agent, if required
Dosage: _________________________
Total Annual Cost Bid Amount $____________________

PRICE ADJUSTMENTS
Annual increase not to exceed 3% for each succeeding year. In the event that the supplier increases base price in succeeding years, supplier shall produce evidence that they have experienced a cost increase and by what amount costs have increased.

This contract shall be awarded to one supplier on the basis of the above total bid after the appropriate price adjustment costs have been applied over the term of this contract.

Any questions regarding bench or performance testing should be directed to Phil McKinney, Municipal Utilities Department, at telephone (209) 937-8736.

Company Name (Please Print) Signed By

Date Name Printed

Phone Number Address

NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:

CHEMICALLY ENHANCED TREATMENT POLYMER
PUR 25-006
THURSDAY, SEPTEMBER 26, 2024

IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.

EXHIBIT 1
786

NON-COLLUSION
No. 1 AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA, )ss.

County of ) (insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature Individual Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
Signature

No. 2 AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That
they are the of a corporation,
which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. (Signature Corporation Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
Signature

No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF CALIFORNIA, )ss.

County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.

(Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
Signature
EXHIBIT 1
787

SUBCONTRACTOR LIST
PUR 25-006

NAME CONTACT PHONE NUMBER
EXHIBIT 1
788

INVITATION FOR SEALED BID (IFB)

CHEMICALLY ENHANCED TREATMENT POLYMER

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 25-006
ADDENDUM No. 1
DATE: August 30, 2024
To All Potential Bidders:

A. This Addendum shall be considered part of the bid documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith.

Where provisions of the following supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.

B. Bidders are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each bidder’s bid is submitted with full knowledge of all modifications and supplemental data specified herein.

ADDENDUM NUMBER:

1. CHANGES AND CLARIFICATIONS. QUESTIONS AND ANSWERS.

THE CITY’S RESPONSES TO QUESTIONS SUBMITTED ARE IN BLUE Solicitation Changes

1. Date changes to Performance Testing, Due Date for Questions and Clarifications, Due Date for Response to Questions and Clarifications, and IFB Submittal Due Date have been updated as follows:

IFB INFORMATION
Contact ANDRIELYN GLADNEY
Email Address [email protected]
MANDATORY On-Site
Meeting
(Bench Testing)
Week of August 19, 2024 (Scheduled
bidders only)
2500 Navy Drive, Stockton, CA 95206
MANDATORY On-Site
Meeting
(Performance Testing)
Week of October 7, 2024 (Invited bidders
only)
2500 Navy Drive, Stockton, CA 95206
Due Date for Questions
and Clarifications
October 18, 2024; 2:00 PM PST
EXHIBIT 1
789
Due Date for Response
to
Questions/Clarifications
October 24, 2024; 5:00 PM PST
IFB Submittal
Electronic Mail
[email protected]
IFB Submittal Due Date
& Time
Thursday, October 31, 2024; 2:00 PM
PST
Proposal shall be electronically
delivered to the email address above at
or before the hour stated. Proposals
arriving after the opening deadline will
not be accepted.

Anticipated Date for
Council Approval
To Be Determined
Questions & Answers

1. Has there been any historical testing of CEPT previously performed at the city of Stockton? What are the pre-qualified polymer products mentioned in the bid for this application?
The City’s treatment process has been modified since the last use of CEPT polymer and no records remain from prior use.

2. Where are the injection points of the ferric chloride and the polymer and how far apart are they from each other?
The injection points are less than 50 feet apart. The ferric is after the RWW Pumps but before the grit headcells. The polymer is after the grit headcells.

3. What is the flow that is to be treated for the primary treatment? The influent flow being treated is approximately 20 to 60 MGD (average flow dry weather).

4. What is the City's anticipated annual volume usage for the CEPT application? Unknown at this time.

5. For the protest procedure, it states that the letter must be filed with the chief financial officer no later than 5 days after the letter of intent to award has been posted online. Is this 5 calendar days, or business days? Bid protests are to be file within five (5) business days.

EXHIBIT 1
790

6. Is the city expecting to purchase polymer in tote packaging or bulk for this application?
The purchases will be in tote packaging.

7. Under the Job Walk section (1.30) that describes the mandatory pre-bid meeting and jar testing, it is stated that samples must be provided to the city at no cost.

What is the volume of these samples that must be submitted? Are these samples, the samples of the neat polymer to be tested in the full-scale for evaluation purposes?
These samples are what will be used during bench testing and the full-scale performance testing.

8. What test results will be provided from the mandatory pre-bid meeting and jar testing? Is there a specific bench scale testing procedure that must be followed?

9. There are no results provided from the jar testing. The jar testing phase is for the bidder to test different polymers and to select product for the performance testing

BIDDER MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:

Company Name
Contact Person
Signature
Date
Bids Due – Promptly by 2:00 P.M., Thursday, OCTOBER 31, 2024 at [email protected]
----------------------------------City of Stockton Use Only below this line--------------------------------- Addendum acknowledged and signed? (Procurement Specialist’s initials) EXHIBIT 1
791

REQUEST FOR PROPOSAL (RFP)

CHEMICALLY ENHANCED TREATMENT POLYMER

FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 25-006
ADDENDUM No. 2 DATE: October 8, 2024
To All Potential Proponents:

A. This Addendum shall be considered part of the proposal documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith.

Where provisions of the following supplementary data differ from those of the original proposal documents, this Addendum shall govern and take precedence. PROPONENTS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR PROPOSALS.

B. Proponents are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each Proponent’s Proposal is submitted with full knowledge of all modifications and supplemental data specified herein.

ADDENDUM NUMBER:

I. QUESTIONS AND ANSWERS AND SOLICITATION CHANGES TO IFB.

II. SOLICITATION TIMELINE CHANGES. THE CITY’S RESPONSES TO QUESTIONS SUBMITTED ARE IN BLUE.

Solicitation Changes

1. Date changes to Performance Testing, Due Date for Questions and Clarifications, Due Date for Response to Questions and Clarifications, and IFB Submittal Due Date have been updated as follows:

IFB INFORMATION
Contact ANDRIELYN GLADNEY
Email Address [email protected]
MANDATORY On-Site
Meeting
(Bench Testing)
Week of August 19, 2024 (Scheduled
bidders only)
2500 Navy Drive, Stockton, CA 95206
MANDATORY On-Site
Meeting
(Performance Testing)
Week of November 4, 2024 (Invited
bidders only)
2500 Navy Drive, Stockton, CA 95206
Due Date for Questions
and Clarifications
November 14, 2024; 2:00 PM PST
Due Date for Response
to
Questions/Clarifications
November 21, 2024; 5:00 PM PST
IFB Submittal [email protected]
EXHIBIT 1
792
Electronic Mail
IFB Submittal Due Date
& Time
Thursday, December 5, 2024; 2:00 PM
PST
Proposal shall be electronically
delivered to the email address above at
or before the hour stated. Proposals
arriving after the opening deadline will
not be accepted.

Anticipated Date for
Council Approval
To Be Determined

PROPONENT MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE PROPOSAL:

Company Name
Contact Person
Signature
Date
Proposals Due – Promptly by 2:00 P.M., Thursday, December 05, 2024 at [email protected]
----------------------------------City of Stockton Use Only below this line--------------------------------- Addendum acknowledged and signed? (Procurement Specialist’s initials) EXHIBIT 1
793

CITY OF STOCKTON

STANDARD AGREEMENT

STANDARD AGREEMENT
Agreement Number:

1. This Agreement is entered into between the City of Stockton ("City") and SNF Polydyne, Inc. ("Contractor") to provide CEPT polymer for purchase as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: Terminates on: June 30, 2030

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $1671,866.00 I

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms and Conditions
(d) Exhibit D - Goods and Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Discrimination and Harassment Policy (HR-15) (h) Exhibit H - Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Delawater Corporation
if other than an individual, state whether a corporation, partnership, etc.):
02/24/25
A natu
Boyd Stanley, Sr. Vice-President
Printed Name and Title of Person Signing
One Chemical Plant Road, Riceboro, GA 31323

CITY OF STOCKTON
Address
Steve Colangelo, Interim City Manager
ATTEST:

Katherine Roland CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
1 Date
Date
(Rev. 11.12.24) Contract with SNF Polydyne Inc. for CEPT Polymer

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