City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, April 29, 2025 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
2.1 25-0512 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Interim Director of Human Resources; Acting Assistant Director of Human Resources, Senior Budget Analyst; and Bob Leeland, Special Advisor for Baker Tilly
Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: Human Resources
2.2 25-0514 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Daniel Hendrickson v. City of Stockton, et al. (San Joaquin County Superior Court Case No.
STK-CV-UPI-2023-4077)
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This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
Department: City Attorney
3. ANNOUNCEMENT OF CLOSED SESSION
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 25-0430 PROCLAMATION: BUILDING SAFETY MONTH
Department: Community Development
10.2 25-0492 PROCLAMATION: MUNICIPAL CLERKS WEEK - MAY 4 THROUGH MAY 10, 2025
Department: Office of the Mayor
10.3 25-0406 PROCLAMATION: YOUTH VIOLENCE PREVENTION WEEK Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 25-0467 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of March 17, 2025, March 18, 2025, and April 1, 2025
Department: City Clerk
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Attachment A – 2025-03-17
Attachment B - 2025-03-18
Attachment C – 2025-04-01 special
Attachment D – 2025-04-01
Attachments:
12.2 25-0414 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 21-03
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute the Subdivision Agreement for Parcel Map COS 21-03;
2. Approve, accept on behalf of the public all offers of dedication, and authorize the City Clerk to sign and record the fully executed Parcel Map COS 21-03, and
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Community Development
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Map Agreement
Exhibit 2 - Parcel Map
Attachments:
12.3 25-0322 ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 13
(VILLAGE H) TRACT NO. 4208 PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Final Map for Cannery Park, Unit No. 13 (Village H), Tract No. 4208;
2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Cannery Park, Unit No. 13 (Village H), Tract No. 4208; and
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Community Development
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Attachment A - Vicinity Map
Resolution - Cannery Park Unit 13
Exhibit 1 - Map Agreement - Cannery Park Unit 13
Exhibit 2 - Final Map - Cannery Park Unit 13
Attachments:
12.4 25-0187 ADOPT A RESOLUTION TO APPROVE THE STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT 2024 ANNUAL REPORT AND
PROPOSED 2025 OPERATING BUDGET AND SERVICE PLAN
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Approving the 2024 Annual Report for the Stockton Tourism Business Improvement District;
2. Approving the Proposed 2025 Operating Budget, Service Plan, and Assessment for the Stockton Tourism Business Improvement District;
3. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.
Department: Economic Development
Attachment A - Resolution No 10-0406
Attachment B - Resolution No 2014-11-04-1601-01
Attachment C - Resolution No 2024-11-19-1601-02
Proposed Resolution - STBID 24 Report and 25 Budget
Exhibit 1 - VS Annual Report 2024
Exhibit 2 - VS Budget Overview 2025
Attachments:
12.5 25-0266 ADOPT A RESOLUTION TO DE-OBLIGATE HOME ENTITLEMENT
FUNDS FROM THE LA PASSEGGIATA APARTMENTS PROJECT
AND ALLOCATE $2.1 MILLION DOLLARS FROM THE
LOW-MODERATE-INCOME HOUSING FUND BALANCE TO THE
PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the de-obligation of $600,000 awarded by Council on June 22, 2021 (Attachment A- Resolution 2021-06-22-1502), of HOME Investment Partnerships Program Entitlement funds from the La Passeggiata Apartments project;
2. Approving the allocation of $2,100,000 of Low-Moderate-Income Housing (LMIHF) funds from the LMIHF fund balance to the La Passeggiata Apartments project;
3. Authorizing the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of the resolution, including the execution of loan documents and the reallocation of funding sources.
Department: Economic Development
Attachment A - Resolution 2021-06-22-1502
Proposed Resolution
Attachments:
12.6 25-0428 AUTHORIZE AN AGREEMENT WITH AMERINAT FOR LOAN
PORTFOLIO MANAGEMENT SERVICES FOR THE CITY OF
STOCKTON
Recommended Action: RECOMMENDATION
It is recommended that the City Council by motion:
1. Approve an agreement with AmeriNat for loan portfolio management services, including loan servicing, compliance monitoring, and reporting, to ensure efficient management of the City's loan programs, for a period of three years, with options to extend for up to an additional two years, with a not-to-exceed amount of $350,000.00; and
2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Department: Economic Development
Attachments: Attachment A- Standard Agreement
12.7 25-0323 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 4 WITH SORACCO INC. FOR ON-CALL UTILITY REPAIR
SERVICES FOR CITYWIDE WASTEWATER COLLECTION AND
WATER DISTRIBUTION SYSTEMS
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Change Order (CCO) No. 4 with Soracco Inc., for Municipal Utilities Department (MUD) Collection and Water Distribution System services to extend and fund the existing contract for an additional two (2) years in the amount of $6,470,000 for a total contract not-to-exceed amount of $14,700,000.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Amendment 4
Attachments:
12.8 25-0358 APPROVE MOTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 4 FOR THE CALIFORNIA STREET ROAD
DIET PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Balancing Contract Change Order No. 4, in the amount of $310,846.26, with George Reed, Inc., for the California Street Road Diet, Project No.
WT18005/Federal Project No. ATPSB1L-5008(194).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Balancing CCO No. 4
Attachments:
12.9 25-0207 APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES
CONTRACT FOR THE CIVIC AUDITORIUM ASSESSMENT
PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Award a Professional Services Contract to Page and Turnbull, Inc. of San Francisco, CA, in the amount of $312,167 for professional services of the Civic Auditorium Assessment, Project No. WT24035.
It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:
12.10 25-0280 ADOPT RESOLUTION TO AUTHORIZE THE OAK PARK LITTLE
LEAGUE PARKING LOT RESURFACING PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE02-25 under the California Environmental Quality Act for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
2. Approve the plans and specifications for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
3. Award a Construction Contract in the amount of $133,250 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
12.11 25-0295 ADOPT RESOLUTION TO AUTHORIZE THE REPAIR OF STREET
LIGHTS OUT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Transfer funds in the amount of $400,000 from the Light Up Stockton, Project No. WD25046 to the Repair of Street Lights Out, Project No.
WD25047.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Approve Notice of Exemption No. NOE22-25 under the California Environmental Quality Act for the Repair of Street Lights Out, Project No.
WD25047.
4. Award a Service Contract in the amount not to exceed $400,000 to St.
Francis Electric, LLC of San Leandro, CA, for Repair of Street Lights Out, Project No. WD25047.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Location List
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Contract for Services
Attachments:
12.12 25-0317 APPROVE MOTION TO AUTHORIZE THE AIRPORT WAY SEWER
TRUNK REHABILITATION PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a Professional Services Contract to Kjeldsen, Sinnock & Neudeck, Inc. of Stockton, CA, in the amount of $408,954, for design of the Airport Way Sewer Trunk Rehabilitation, Project No. UW21017.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Public Works
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Attachment A - Vicinity Map
Attachment B - Professional Services Contract
Attachments:
12.13 25-0469 ADOPT RESOLUTION TO AUTHORIZE THE CHANNEL STREET
IMPROVEMENTS PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate additional funds in the amount of $700,000 from the Affordable Housing and Sustainable Communities to the Channel Street Improvements, Project No. WT22053.
2. Approve the Notice of Exemption No. NOE47-24 under the California Environmental Quality Act for the Channel Street Improvements, Project No. WT22053.
3. Approve the plans and specifications for the Channel Street Improvements, Project No. WT22053.
4. Award a Construction Contract in the amount of $1,376,066.65 to Tracy Grading and Paving, Inc. of Tracy, CA, for the Channel Street Improvements, Project No. WT22053.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exception No. NOE47-24
Exhibit 2 - State CWTA Construction Contract
Attachments:
12.14 25-0470 ADOPT RESOLUTION TO AUTHORIZE THE SOUTH STOCKTON
PEDESTRIAN HAWK IMPROVEMENTS PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Notice of Exemption No. NOE11-24 under the California Environmental Quality Act for the South Stockton Pedestrian HAWK Improvements, Project No. WT22048/State Project No. HSIPSL-5008(196).
2. Approve the plans and specifications for the South Stockton Pedestrian HAWK Improvements, Project No. WT22048/State Project No.
HSIPSL-5008(196).
3. Award a Construction Contract in the amount of $4,218,110 to Zara Construction, Inc. of Sacramento, CA, for the South Stockton Pedestrian HAWK Improvements, Project No. WT22048/State Project No.
HSIPSL-5008(196).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption No. NOE11-24
Exhibit 2 - Construction Contract
Attachments:
12.15 25-0159 ADOPT RESOLUTION TO AUTHORIZE THE FONG PARK PHASE II
PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate funds in the amount of $127,632.38 from the Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 Reserves for Continuing Appropriations Accounts to Fong Park Phase II, Project No. WP13207.
2. Approve Notice of Exemption No. NOE11-23 under the California Environmental Quality Act for the Fong Park Phase II, Project No.
WP13207.
3. Approve the plans and specifications for the Fong Park Phase II, Project No. WP13207.
4. Award a Construction Contract in the amount of $1,117,606 to McFadden Construction, Inc. of Stockton, CA, for the Fong Park Phase II, Project No. WP13207.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Construction Contract - WP13207
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 25-0427 REMOVAL OF CALIFORNIA HISTORICAL LANDMARK 178 -
LINDSAY POINT PLAQUE
Recommended Action: RECOMMENDATION
It is recommended that the City Council discuss and approve by motion the removal of California Historical Landmark 178 - Lindsay Point Plaque located at City Hall, 425 North El Dorado Street.
Department: City Clerk
Attachment A - Resolution 27,255
PPT - 15.1 - CHL 178 - Lindsay Point
Attachments:
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15.2 25-0464 ADOPT A RESOLUTION TO ESTABLISH THE PROPOSED CARE (COMPASSION, ACCESS, REUNIFICATION, EMPOWERMENT)
HOMELESSNESS PILOT PROGRAM
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Establish the proposed CARE (Compassion, Access, Reunification, Empowerment) Homelessness Pilot Program, Project no. WC25056;
2. Authorize the Interim City Manager to begin implementation and pursue funding opportunities as outlined;
3. Transfer funds in the amount of $825,000 from the Fiscal Year 2024/25 Public Works Operating Budget to the CARE Homelessness Pilot Program, Project No. WC25056; and
4. Award a contract to Inner City Action of Manteca, CA, in the amount of $297,430 to deliver outreach and temporary shelter for the CARE Homelessness Pilot Program.
It is also recommended that the Interim City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: City Manager
Attachment A - Resolution 2024-11-19-1501
Attachment B - MOU CA State Lands Commission
Attachment C - Inner City Action Proposal
Proposed Resolution - CARE Program
PPT - 15.2 - CARE Homeless Pilot Program
Attachments:
15.3 25-0476 PRESENTATION ON PERSHING AVENUE UPDATE
Recommended Action: RECOMMENDATION
No action is to be taken. Staff will provide information on Pershing Avenue traffic issues.
Department: Public Works
Attachments: PPT - 15.3 - Pershing Avenue Traffic Safety Update
16. HEARINGS**
16.1 25-0452 ADOPT AN ORDINANCE AMENDING TITLE 5 TO ADD CHAPTER
5.106, AND AMENDING CHAPTER 5.08, SECTION 5.08.280;
AMENDING TITLE 8 TO ADD CHAPTER 8.70, AND AMENDING
CHAPTER 8.56, SECTIONS 8.56.101, 8.56.030, AND 8.56.040; City of Stockton Page 12 Printed on 4/24/2025
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AMENDING TITLE 12, CHAPTER 12.56, SECTION 12.56.010; AND REPEALING TITLE 12, CHAPTER 12.76 OF THE STOCKTON
MUNICIPAL CODE REGARDING STREET AND SIDEWALK VENDOR
REGULATIONS; AND A PUBLIC HEARING TO ADOPT A
RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL
YEAR 2024-25 FEE SCHEDULE
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 5 to add Chapter 5.106, and amending Chapter 5.08, Section 5.08.280 of the Stockton Municipal Code regarding street and sidewalk vendor regulations to comply with provisions of State Law enacted by Senate Bill 946 (2018);
2. Adopt an Ordinance amending Title 8 to add Chapter 8.70, and amending Chapter 8.56, Sections 8.56.101, 8.56.030, and 8.56.040; amending Title 12, Chapter 12.56, Section 12.56.010; and repealing Title 12, Chapter 12.76 of the Stockton Municipal Code regarding street and sidewalk vendor regulations to comply with provisions of State Law enacted by Senate Bill 946 (2018) and Senate Bill 972 (2022);
3. Adopt a Resolution approving an amendment to Fiscal Year 2024-25 Fee Schedule relating to street and sidewalk vendor fines; and
4. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinances and resolution.
Department: Police
Attachment A - Proposed Business License Ordinance (redlined) Attachment B - Proposed Enforcement Ordinanance (redlined) Proposed Ordinance - Business Licensing
Proposed Ordinance - Enforcement
Proposed Resolution - Street Vendors
Exhibit 1 - Fee Schedule for Street Vendor Fines 2024-2025 Exhibit 2 - Fee Schedule for Public Property Use Fee 2024-2025 PPT - 16.1 - Street and Sidewalk Vendor Regulations
Attachments:
16.2 25-0481 PUBLIC HEARING TO APPROVE AND ADOPT THE 2025-2029 CONSOLIDATED PLAN, 2025-2026 ANNUAL ACTION PLAN,
COMMUNITY PARTICIPATION PLAN, LANGUAGE ACCESS PLAN,
AND SECTION 3 PLAN FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, AND
EMERGENCY SOLUTIONS GRANTS PROGRAMS
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Recommended Action: RECOMMENDATION
It is recommended that, after the public hearing, the City Council adopt a resolution to:
1. Approve and adopt the 2025-2029 Consolidated Plan (Con Plan) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grants (ESG) Programs;
2. Approve and adopt the Community Participation Plan, Language Access Plan, and Section 3 Plan;
3. Approve and adopt the 2025-2026 Annual Action Plan (Action Plan) with the estimated Sources and Uses of Funds for the CDBG, HOME, and ESG Programs awarded by the U.S. Housing and Urban Development Department (HUD), authorizing proportional adjustments to funding amounts based on the final HUD allocations;
4. Authorize the City Manager, or designee, to coordinate final revisions to the Con Plan and Action Plan to ensure that approved activities and all public comments received during the 30-day public comment period are included in the final Con Plan and Action Plan; and
5. Authorize the City Manager, or designee, to execute all documents and forward them to HUD, execute contracts with subrecipients, and to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
Department: Economic Development
Attachment A - Motion 2024-07-09-1207
Attachment B - Resolution 95-0199.pdf
Attachment C - 2016 Citizen Participation Plan
Attachment D - Draft 2025-2029 Consolidated Plan
Attachment E - Draft 2025-2026 Annual Action Plan
Attachment F - CDBG - ESG Applications and Recommendations Attachment G - 2025-2026 Sources and Uses
Attachment H - Draft Community Participation Plan
Attachment I - Draft Language Access Plan
Attachment J - Draft Section 3 Plan
Attachment K - Public Comments to Con Plan and AAP
Proposed Resolution - Consolidated Plan
PPT - 16.2 - Consolidated Plan and Action Plan
Attachments:
16.3 25-0257 HOLD PUBLIC HEARING TO APPROVE THE ANNUAL BUDGET AND ASSESSMENT ROLLS FOR THE 2025-26 HOLIDAY PARK
MAINTENANCE DISTRICT
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Recommended Action: RECOMMENDATION
This scheduled noticed public hearing is being held to consider public comments and testimony regarding the Holiday Park Maintenance District 2025-26 proposed Assessment budget and the levy of assessments.
At the conclusion of the public hearing, if a majority protest does not exist, it is recommended that the City Council adopt a resolution to:
1. Override any and all public hearing protests.
2. Approve the Annual Budget for Holiday Park Budget for FY2025-26.
3. Confirm and approve the assessment of $46,598 for the Holiday Park Maintenance District for FY2025-26.
4. Authorize the City of Stockton Chief Financial Officer to assess those parcels within the assessment district.
5. Certify the assessments meet the requirements pertaining to the levy of annual assessments.
6. Approve a subsidy in the amount of $130,898 ($11,926 from the General Fund (100-125) and $118,972 from the Strong Communities Fund (210-000)) to continue operations and maintenance of the facility.
7. Authorize the City Manager to take appropriate actions to carry out the purpose and intent of the resolution.
Department: Community Services
Attachment A - Holiday Park Annual Budget
Attachment B - Holiday Park Assessment District Map
Proposed Resolution - Holiday Park FY25-26
PPT - 16.3 - Holiday Park Maint District Assmt - FY25-26 Attachments:
16.4 25-0429 PUBLIC HEARING AUTHORIZING THE CONTINUED USE, FUNDING,
AND ACQUISITION OF MILITARY EQUIPMENT ESTABLISHED IN
THE “MILITARY EQUIPMENT” POLICY, AS MANDATED BY
CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY
EQUIPMENT
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Recommended Action: RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council, as governing body of the City of Stockton, by motion:
1. Authorize Stockton Police Department (SPD) to continue the use of military equipment as defined by Assembly Bill 481 (AB 481) and approved via City Ordinance 2024-05-21-1601.
2. Approving 2025 Intended Acquisitions, as outlined in the 2025 AB 481 Annual Report, published April 2, 2025.
It is further recommended that the Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this ordinance.
Department: Police
Attachment A - Ordinance 2024-05-21-1601
Attachment B - AB 481 Annual Report Update
PPT - 16.4 - AB 481 - Use of Military Equipment
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
1 25-0463 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
CICP 2023-10-25
CSC 2025-03-20
PC 2025-01-23
PC 2025-02-13
PC 2025-02-27
Attachments:
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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on April 24, 2025 in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
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Meeting Agenda - Final
PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience.
*All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.
A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.
B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.
C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of City of Stockton Page 18 Printed on 4/24/2025
18 City Council/Successor Agency to April 29, 2025
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE
COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.
B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.
C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.
D) Exit ways shall not be used in any way that will present a hazardous condition.
E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.
F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.
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19 City of Stockton
Legislation Text
File #: 25-0512, Version: 1
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Interim Director of Human Resources; Acting Assistant Director of Human Resources, Senior Budget Analyst; and Bob Leeland, Special Advisor for Baker Tilly Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
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City of Stockton
Legislation Text
File #: 25-0514, Version: 1
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: One
Name of Case: Daniel Hendrickson v. City of Stockton, et al. (San Joaquin County Superior Court Case No. STK-CV-UPI-2023-4077)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
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City of Stockton
Legislation Text
File #: 25-0430, Version: 1
PROCLAMATION: BUILDING SAFETY MONTH
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City of Stockton
Legislation Text
File #: 25-0492, Version: 1
PROCLAMATION: MUNICIPAL CLERKS WEEK - MAY 4 THROUGH MAY 10, 2025 City of Stockton Page 1 of 1 Printed on 4/24/2025
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City of Stockton
Legislation Text
File #: 25-0406, Version: 1
PROCLAMATION: YOUTH VIOLENCE PREVENTION WEEK
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City of Stockton
Legislation Text
File #: 25-0467, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meetings of March 17, 2025, March 18, 2025, and April 1, 2025
Attachment A - 2025-03-17
Attachment B - 2025-03-18
Attachment C - 2025-04-01 special
Attachment D - 2025-04-01
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Attachment A
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53 City of Stockton
Legislation Text
File #: 25-0414, 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 21-03
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Authorize the City Manager to execute the Subdivision Agreement for Parcel Map COS 21-03;
2. Approve, accept on behalf of the public all offers of dedication, and authorize the City Clerk to sign and record the fully executed Parcel Map COS 21-03, and
3. 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 HPC Robinhood Investors, LP, a California Limited Partnership, accept all offers of dedication, and record Parcel Map COS 21-03. The subdivision contains 8.254 acres divided into seven (7) lots for commercial use. It is located at the northeast corner of Pacific Avenue and Robinhood Drive. See Attachment A - Vicinity Map.
Review and approval of the Subdivision Agreement and Parcel Map are necessary to ensure the Tentative Map (TM P20-0237) conditions are fulfilled. If the City Council approves the Parcel Map, the City Clerk will sign it and, when it is fully executed, will submit the Subdivision Agreement and map to the San Joaquin County Recorder.
Staff recommends that the Council adopt the proposed resolution as HPC Robinhood Investors, LP has fulfilled all necessary conditions.
DISCUSSION
Background
On May 13, 2021, the Planning Commission approved the Tentative Parcel Map (TM P20-0237), subject to conditions, for the parcel located at the northeast corner of Pacific Avenue and Robinhood Drive. The parcel is approximately 8.254 +/- acres to be subdivided into seven (7) lots for the purposes of creating seven (7) lots at the existing Robinhood Plaza Shopping Center.
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File #: 25-0414, Version: 1
Present Situation
HPC Robinhood Investors, LP submitted a parcel map (Parcel Map COS 21-03) to complete the subdivision process for the earlier approved Tentative Parcel Map. The subdivision contains 8.254 acres divided into seven (7) lots for commercial use. It is located at the northeast corner of Pacific Avenue and Robinhood Drive. Staff reviewed Parcel Map COS 21-03 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 driveways into the project site, dedicating building setback easements, right of way easements, and utility easements, and posting security bonds to guarantee the subdivision improvements.
The City Engineer reviewed Parcel Map COS 21-03 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 recommended forwarding the Parcel Map, Subdivision Agreement, and any offers of dedication to the City Council for consideration and approval.
The proposed resolution authorizes the City Manager to execute the Subdivision Agreement, accept on behalf of the public all offers of dedication, and record Parcel Map COS 21-03. The Subdivision Agreement (Exhibit 1 to the proposed resolution) contains the subdivider’s obligations for project site development.
Staff recommends that the Council adopt the proposed resolution as HPC Robinhood Investors, LP fulfilled all necessary conditions.
FINANCIAL SUMMARY
HPC Robinhood Investors, LP has paid the costs of creating the Subdivision Agreement for Parcel Map COS 21-03, including plan checking, inspection, map filing, and computer mapping services provided by City staff, in the amount of $19,891.05 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 21-03
Vicinity Map
N
ATTACHMENT A
56 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 21-03
The Subdivider, HPC Robinhood Investors, LP, has submitted Parcel Map COS 21-03 for approval; and
The subdivision contains 8.254 acres divided into seven (7) lots for commercial use. The property is located at the northeast corner of Pacific Avenue and Robinhood 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 driveways into the project site, dedicating building setback easements, right of way easements, and utility easements, 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 21-03, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council hereby approves Parcel Map COS 21-03, consisting of seven (7) lots for commercial use filed with the City Clerk on April 29 2025, 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 Parcel Map COS 21-03.
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57 4. The approval and acceptance by the City, on behalf of the public, of Parcel Map COS 21-03 are subject to the owner(s) constructing all public improvements required by Stockton Municipal Code Chapter 16.192 and the payment of all fees required under Title 16, Division 4, of the Stockton Municipal Code and subject to the owner(s) 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 authorized and directed to sign Parcel Map COS 21-03 and when it is fully executed have it recorded with the San Joaquin County Recorder.
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 29, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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87 City of Stockton
Legislation Text
File #: 25-0322, Version: 1
ADOPT A RESOLUTION APPROVING A FINAL MAP AND SUBDIVISION AGREEMENT FOR CANNERY PARK, UNIT NO. 13 (VILLAGE H) TRACT NO. 4208 PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Final Map for Cannery Park, Unit No. 13 (Village H), Tract No. 4208;
2. Authorize the City Manager to execute the subdivision agreement, accept on behalf of the public all offers of dedication, and record the final map for Cannery Park, Unit No. 13 (Village H), Tract No. 4208; and
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
The proposed resolution approves the final map and authorizes the City Manager to execute a Subdivision Agreement between Richmond American Homes of Maryland, Inc., accept all offers of dedication, and record the map for Cannery Park, Unit No. 13 (Village H), Tract No. 4208. The subdivision contains 11.868 acres divided into 64 lots for the construction of single-family residential homes and street right-of-way dedication. The proposed property subdivision is located south of PFC Jesse Mizener Street and east of Holman Road (Attachment A - Vicinity Map).
The final map complies with the Tentative Maps (TM 8-04 A&B and TM P21-0435) approved by the Planning Commission on August 12, 2004, and February 8, 2024, respectively, and approved development conditions.
Review and approval of the Final Map and Subdivision Agreement are necessary to ensure the Tentative Map conditions have been fulfilled. Following approval of the final map by the City Council, the City will transmit the map and Subdivision Agreement to the County Recorder. Staff recommends that the Council adopt the proposed resolution as Richmond American Homes of Maryland, Inc. fulfilled all necessary conditions.
DISCUSSION
Background
On August 12, 2004, the Planning Commission approved a Small Lot and Large Lot Tentative Subdivision Map (TM 8-04 A&B) for the Cannery Park Mixed Use Project and recommended that the City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road City of Stockton Page 1 of 3 Printed on 4/23/2025
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File #: 25-0322, Version: 1
City Council approve an Environmental Impact Report, General Plan Amendment, Eight Mile Road Specific Plan Amendment, Annexation, Prezoning and Development Agreement. On September 14, 2004, the City Council approved the Planning Commission and Staff recommendations. The Project proposed to develop a 448-acre project site with 1,100 single-family lots, 210 multi-family units, commercial retail and office, industrial parks, a school, and a fire station.
The Tentative Small Lot Map 8-04A shows how the proposed site would be divided up into smaller parcels, creating the residential lots, a lot for multi-family, 49 lots for light industrial and commercial, and lots for the fire station, parks, school, and various accessory lots. The Tentative Large Lot Map shows how the proposed site would be divided up into 17 large lots to provide the developer an opportunity to sell larger blocks of developable land while site development is underway. The tentative maps were approved subject to specified conditions to be met upon subdivision of the project site.
The City Council approved the formation of the Community Facilities District (CFD) No. 2019-1 for Cannery Park II to levy Special Taxes within the CFD to finance the construction of capital infrastructure and on-going services related to police, fire, parks, roads, and open space.
On February 8, 2024, the Planning Commission approved a Tentative Subdivision Map (TM P21- 0435) for the Cannery Park Mixed Use Project, and on April 2, 2024, the City Council approved the associated General Plan Amendment, Rezone, EIR Addendum, and Development Agreement (extending the existing by 10 years).
Up to the present time, the City Council has approved eleven final maps that created 967 residential lots, a school, public rights-of-ways, and easements.
Present Situation
Richmond American Homes of Maryland, Inc. submitted a final map to complete the subdivision process for the earlier approved Tentative Maps. The subdivision name is Cannery Park Unit No. 13 (Village H), Tract No. 4208, and will subdivide the 11.868-acre project site into 64 lots for the construction of single-family residential homes and street right-of-way dedication. The residential lot sizes, ranging from 5,000 to 9,600 square feet, will be provided access through the project site to public streets.
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval were met. This includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision, dedicating right-of-way easements, paying proportionate share fees towards off-site improvement costs, and posting security bonds to guarantee the subdivision improvements.
The Final Map was reviewed by the City Engineer for technical accuracy, substantial conformance with the approved tentative maps, and the required conditions are completed or incorporated within a Subdivision Agreement. The City Engineer recommended forwarding the Final Map, Subdivision Agreement, and any offers of dedication to the City Council for consideration and approval. Pursuant to Government Code § 66474.1, a legislative body shall not deny approval of a final map if it is in substantial compliance with the previously approved tentative map.
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File #: 25-0322, Version: 1
The Subdivision Agreement (Exhibit 1 to the proposed resolution) contains the developer’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 authorize the recordation of the final map. It is recommended that the Council adopt the proposed resolution as Richmond American Homes of Maryland, Inc. fulfilled all necessary conditions.
FINANCIAL SUMMARY
The costs of creating the Subdivision Agreement, including plan checking, inspection, map filing, and computer mapping services provided by City staff, have been paid by the subdivider in the amount of $224,801.46 and deposited in various fee accounts in the Development Services Fund and Street Sign Public Facility Fee 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.
Cannery Park, Unit No. 13 (Village H) will be incorporated into CFD No. 2019-1, which provides funding for the necessary infrastructure improvements and ongoing City services related to police, fire, parks, roads, and open space to support the project development. There is no financial impact to the City because of the execution of the Subdivision Agreement. The developer bears the costs to construct the required infrastructure improvements and development of the subdivision.
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
Cannery Park, Unit 13
Vicinity Map
PROJECT N
SITE
ATTACHMENT A
91 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 APPROVING AND AUTHORIZING RECORDATION OF THE FINAL MAP FOR CANNERY PARK, UNIT NO. 13 (VILLAGE H) - TRACT NO. 4208
Cannery Park, Unit No. 13 (Village H), Tract No. 4208, is located south of PFC Jesse Mizener and east of Holman Road; and
The project will subdivide an approximately 11.868-acre project site into 64 lots for the construction of single-family residential homes and street right-of-way dedication; and The Subdivider is RICHMOND AMERICAN HOMES OF MARYLAND, INC. (Subdivider); and
The Subdivider has submitted the Cannery Park, Unit No. 13 (Village H), Tract No. 4208, Final Map for approval; and
Staff reviewed the Final Map and Subdivision applications and determined that all conditions necessary for approval have been met, which includes preparing improvement plans for all proposed public streets and utilities to be constructed within the subdivision unit, dedicating right-of-way easements, and posting security bonds to guarantee the subdivision improvements; and
The City Engineer reviewed the Final Map and determined that it is in substantial compliance with the approved tentative map, and the required conditions are completed or incorporated within the proposed subdivision agreement; and The subdivision agreement contains the Subdivider’s obligations for project site development; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Manager is hereby authorized to execute on behalf of the City of Stockton a Subdivision Agreement outlining conditions for the approval of Cannery Park, Unit No. 13 (Village H), Tract No. 4208, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The certain Final Map, consisting of five sheets, entitled Cannery Park, Unit No. 13 (Village H), Tract No. 4208 filed with the City Clerk on May 13, 2025, is hereby approved as and for the Final Map of that certain subdivision known as Cannery Park, 92 Unit No. 13 (Village H), Tract No. 4208, Stockton, California, 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 map.
4. The approval and acceptance by the City on behalf of the public of Tract No. 4208, Subdivisions of San Joaquin County, Cannery Park, Unit No. 13 – Village H, is subject to the owner or owners constructing all public improvements required by the Community Development Department and the payment of all fees 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 final map of the subdivision approved by the County Surveyor 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 subdivision 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 whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED April 29, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
93 After Recording Return To:
City of Stockton
Community Development Department
Planning & Engineering Services Div.
425 North El Dorado Street
Stockton CA 95202
SUBDIVISION AGREEMENT
(FINAL MAP)
THIS SUBDIVISION AGREEMENT ("Agreement") is made and entered into as of ___________ by and between the CITY OF STOCKTON, hereafter referred to as "CITY," and RICHMOND AMERICAN HOMES OF MARYLAND, INC., A MARYLAND CORPORATION, hereinafter referred to as "SUBDIVIDER."
WIT NE SS ET H:
Subdivider has presented to City for approval a final subdivision map (hereinafter called "MAP") entitled CANNERY PARK, UNIT NO.13 (VILLAGE H)--TRACT NO. 4208 (TM 8-04 A&B and P21-0435) 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 (5587C) dated 8/15/24, prepared by VVH Consulting Engineers, and consisting of Sheets 1 through 18 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 Subdivider'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, 1 EXHIBIT 1
94 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 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 2 EXHIBIT 1
95 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
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 (9 Monuments) ..................... $18,000.00
8. 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 ...................................................................... $1,400,666.00 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 .................................... $1,400,666.00 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:
3 EXHIBIT 1
96 ---- - -- ---- - ---------------------
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 required 1-year warranty 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, lia5ilit-ie-s-, - 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 4 EXHIBIT 1
97 or are in arty way connected with the�work p3rformed, materialsJurnished,�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 not the 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 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. SUBDIVIDER'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.
Suba1v1der shall contractually require the selected contractor to carry the insurance required w1tnm 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 5 EXHIBIT 1
98 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 $28,013.00 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 Subdivider'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 =
Inspection Fee =
$66,690.14
$98,593.62
No work shall be performed without inspection by the City. Any work performed without an 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 ee.
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 $363.00 ($155 + $3.25/lot), a map filing fee of $3,685.00 and, present one check for recording the Map and the agreement, payable to the San Joaquin County Recorder in the amount of $110.00 and $239.00, 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 6 EXHIBIT 1
99 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, inciuding 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:
CITY ENGINEER
22 E. WEBER AVENUE
-----------------�TOCKTOwc=A�g�52�0��---------------
Notices required to be given to Subdivider shall be addressed as follows:
RICHMOND AMERICAN HOMES OF MARYLAND, INC., A MARYLAND CORPORATION 3200 DOUGLAS BOULEVARD, SUITE 110
ROSEVILLE CA 95661
Notices required to be given to surety of Subdivider shall be addressed as follows:
XL SPECIAL TY INSURANCE COMPANY
677 WASHINGTON BLVD., 10TH FLOOR, SUITE 1000
STAMFORD CT 06901
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. 7 EXHIBIT 1
100
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: 82 trees@ $195 ea. X 125% = $19,987.75
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: Z signs@ $286.25 ea.= $2,003.75
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.
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.
8 EXHIBIT 1
101
STEVE COLANGELO
INTERIM CITY MANAGER
EXHIBIT 1
102
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 Califor� County of dace e )
personally appeared --1L-"'4�J._C_-'---1.-""---�_.LJr&<-'-'t--"'t.-J<1-'J.,'1-J.------------ who proved to me on the basi f satisfa ory evid ce t 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.
(Seal)
. 0 COMM. # 2506908 �
ifj NOIARI' PUBLIC • CALIFORNIA c',
PLACER COUNTY ,.
l
!' t;11;1plz• o;emsr 1; 20�Sr _J
(NOTARY FOR SUBDIVIDER)
10 EXHIBIT 1
103
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 ____________ __J,
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)
(NOT ARY FOR CITY MANAGER)
11 EXHIBIT 1
104
CANNERY PARK UNIT NO. 13, VILLAGE H
LEGAL DESCRIPTION
Being a Remainder as shown on the Map entitled "Traci 4076, Cannery Park Unit No. 12 - Village C, filed in Book 44 of Maps and Plats, at Page 46, also being a portion of Loi 6 as shown on the Map entitled "Tract No. 3465, Cannery Park Unit No. l" filed in Book 40 of Maps and Plats, at Page 51, both San Joaquin County Records, Lying in Section l, Township 2 North, Range 6 East, Mount Diablo Meridian, City of Stockton, County of San Joaquin, State of California, said Remainder described as follows:
BEGINNING at the Southeast corner of said Loi 6, also being the Southeast corner of said Remainder: thence, North 89°
53'3 l" West, along the South line of said Loi
6 and Remainder, a distance of 1132.71 feet to the Southwest corner of said Remainder: thence, North 0
°
00'00" West along the Westerly line of said
Remainder, a distance of 459.98 feet to the Northwest corner of said Remainder and the Southerly line of PFC Jesse Mizener Street, as shown on said Tract 4076:
thence, North 90°
00'00" East along the Southerly line of said PFC Jesse Mizener Street, a distance of l l 00.56 feet: thence leaving last said line, South 46° 24'04"
East 13.79 feet to the Easterly line of said Remainder: thence, South 2 °
48'08" East,
along the Easterly line of said Remainder, a distance of 453. l 6 feet to THE POINT OF BEGINNING.
Containing an area of l l .87 acres, more or less.
Subject to covenants, conditions, restrictions, reservations, rights, rights-of-way, ------,am:l easernenls-of-record;-if-an' 0.-------------------------� 12 5/29/2024
Date
EXHIBIT 1
105
EXHIBIT A
SUMMARY OF FEES AND BONDS
STREET NAME SIGN FEE .............................................................. $2,003.75 PLAN CHECK FEE .............. ....................................................... $66,690.14 INSPECTION FEE ....................................................................... $98,593.62 MATERIAL TESTING FEE ..... ....................................................... $11,378.33 FILING FEE ........................ ......................................................... $3,685.00 TECH FEE ........................... ....................................................... $7,670.90 CRS FEE ............................. ....................................................... $6,136.72 CASH DEPOSIT ............................................................................ $28,013.00 COMPUTER MAPPING FEE ......... ................................................... $363.00 MUD IMAGING FEE ........................................................................ $276.00 ASSESSMENT DISTRICT SEGREGATION ........................................... $0.00 TOTAL ....... $224,810.46
RECORDING FEE (payable to San Joaquin County Recorder)
MAP (6 Sheets) ....................................................................... $110.00 AGREEMENT (51 Sheets) ...................................................... $239.00 TOTAL ............. $349.00
BONDS
MONUMENT BOND ........................................................... $18,000.00 PERFORMANCE BOND ............................................... $1,400,666.00 LABOR AND MATERIAL BOND ................................... $1,400,666.00 STREET TREE BOND ....................................................... $19,987.75 TOTAL .... $2,839,319.75
13 EXHIBIT 1
106
SUMMARY OF FEES AND BONDS (CONT.)
PROPORTIONATE SHARES
GRADE SEPARATION AT UPRR (SPRR) AND
EIGHT MILE ROAD ............................................................................................ PFF EIGHT MILE ROAD/HAM LANE ..................................................................... $2,084.34 EIGHT MILE ROAD/LEACH ROAD ................................................................ $2,084.34 EIGHT MILE ROAD/HWY 99 WEST
FRONTAGE ROAD ......................................................................................... $4,311.44 EIGHT MILE ROAD/HWY 99 EAST
FRONTAGE ROAD ............................................................................................ $415.57 EIGHT MILE ROAD/HWY 99 EAST FRONTAGE
ROAD AT NORTHBOUND RAMP .................................................................. $1,051.86 MORADA LANE/HWY 99 WEST FRONTAGE
ROAD .............................................................................................................. $1,277.73 MORADA LANE/HWY 99 EAST FRONTAGE
ROAD .............................................................................................................. $1,667.36 PARK AND RIDE FACILITIES (686-0000-237.67-38) .................................. $24,000.00 STREET MICROSURFACING (686-0000-237.67-40) .................................... $2,613.00 14 EXHIBIT 1
107
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:
15 EXHIBIT 1
108
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, -----a�dd1bonal insured, Seit-Insured Retentions (SIRsJ, indemnity, ana cletense 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 16 EXHIBIT 1
109
provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies {Professional & Pollution only}
� It any of the required policies provide cla1=m�s�-m�a�de�c�ov�e�r-ag_e_: ___________ _
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five {5} years after completion of the contract of work
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five {5} years after completion of work.
17 EXHIBIT 1
110
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, 3
rd Floor - HR
Stockton, CA 95202
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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.
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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 operat=1o=n�s --- 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. 20 EXHIBIT 1
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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:
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
------....Re Contractor may use Um6re1=1a�o�r�E�x�ce�s�s�P�olic1es to prov1aern.elia6ilitylim1ts 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.
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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 C�N3lr021-�1 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
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The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to 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
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EXHIBIT D - Cannery Park Project Amended Conditions
General Conditions
The owners, and developers and/or successors-in-interest (the 'ODS') who subdivide property with the Cannery Park Subdivision shall comply with the following general conditions. These general conditions may be more specifically detailed in the development scenarios presented herein. These Conditions of Approval (COAs) were updated as part of the Cannery Park Project Amendments (P21-0435).
1. 2.
3. 4.
5. 6.
7. Comply with all applicable Federal, State, County, and City codes, regulations, and adopted standards and pay all applicable fees. (#1 ), (SPA#1) Pursuant to Section 15091 and 15093 of the State CEQA Guidelines, the project shall be subject to all applicable mitigation measures identified in the City-adopted "Findings, Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Cannery Park Mixed Use Project." (#2), (SPA#2) Lot 5 and Lot 6 of Cannery Park Unit No. 1 Final Map shall be annexed to the Cannery Park Residential Property Protective Restrictions recorded on May 17, 2017, Document No 2017-055715, San Joaquin County (CC&Rs). The City is declared as a third party beneficiary in Section 9.01 .A of the CC&R's.
Based on the effective 200-Year Floodplain Analysis Map, and the Technical Memorandum prepared by VVH Consulting Engineers dated January 23, 2024, portions of the project site have areas of potential flooding in excess of three (3) feet from a storm event that has a 1-in-200 chance of occurring in any given year, from sources other than local drainage, in urban and urbanizing areas. The finished floors of future structures shall be elevated to within three (3) feet of the 200-year base flood elevation providing an urban level of flood protection in accordance with SMC
16.90.020(A)2. All future construction will adhere to the City's established Criteria for Development in 200-Year Floodplains, for the issuance of 5u1@1ng permits for new residential units in master planned communities.
Comply with all applicable Federal, State, County, and City Codes, regulations and adopted standards and pay all applicable fees.
The property owners, developers, and/or successors-in-interest (ODS) shall be responsible for the City's legal and administrative costs associated with defending any legal challenge of the approval for this project or its related environmental document.
To minimize any adverse financial impact on the City of Stockton associated development and/or use of the subject site, the ODS agrees that it will not challenge, or protest and applicable fees associated with the development of the site, but if such fees are amended or modified, the ODS agree to pay such fees as they may be amended or modified from time to time.
Traffic & Circulation (Analysis, Phasing and Dedication) 24 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
8. Conduct a queuing and traffic access analysis at proposed signalized intersections to determine appropriate intersection location and required turn pocket/lane length. (#8)
9. The ODS shall conduct a project phasing analysis to determine the timing and level of project development that can occur before degrading the operational level of service at the Eight Mile Road/State Highway Route 99 interchange and Morada Lane/State Highway Route 99 interchange below level of service that conforms with State Urban Highway Standards. Said study shall be approved by the City and identified improvement timing shall be binding on the ODS. (#14) Traffic & Circulation (Design, Construction and/or Funding Proportionate Share)
10. The ODS shall be responsible for 100 percent of the design and construction costs of on-site roadway and intersection improvements and roadway extensions and public utilities identified on the Tentative Map and/or included in the project EIR, project description or as mitigation measures. Improvements include but are not limited to all sewer, water and storm drain lines, traffic signals, street lighting, street paving, curb, gutter and sidewalk. (#10)
Eight Mile Road Specific Plan
11. If the improvements allowed by Specific Plan Amendment SPA 1-03 are not constructed within five years, the Specific Plan Amendment shall be null and void. (SPA#6)
Domestic Water
12. Appropriately sized utilities and 3-phase electrical service shall be provided for all City owned or operated facilities. (#29)
Oal< Tree A:voidance/m1flgal:1on
13. Removal of Oak trees shall be avoided whenever feasible. The owners, developers, and/or successors-in-interest shall coordinate the layout of project plans with the Community Development Department Director t to minimize or eliminate Oak tree removals. If removal of an Oak tree cannot be avoided, the owners, developers, and/or successors-in-interest shall be responsible for replacement of Oak trees on site, as approved by the Community Development Department Director or designated representative. If on-site planting is not possible, the owners, developers, and/or successors-in-interest shall pay the Community Development Department the estimated cost (as determined by the Community Development Department Director or designated representative for the City to have the replacement Oak trees planted by private contract on a site deemed appropriate by the Community Development Department Director of designated representative in accordance with the mitigation measures identified in the Final Environmental Impact Report (EIR1-03), as amended, and in the related CEQA Findings, Statement of Overriding Considerations, and Mitigation Monitoring/Reporting Program for the Cannery Park Mixed Use Project. (#46)
Improvement/Development Plan
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EXHIBIT D - Cannery Park Project Amended Conditions
In order to provide an appropriate and reliable Improvement/Development Plan for a mixed-use development with the component elements contained in the Cannery Park Subdivision, the Subdivision has been divided into five (5) Plan Areas (Exhibit 'X'). The on-site/in-tract improvements and the off-site improvements corresponding to subdivision map conditions are listed separately for each Plan Area in Exhibit B (Master Subdivision Agreement Cannery Park) to the Subdivision Agreement for the Cannery Park Unit No. 1 Final Map, Tract No. 3465.
Cannery Park Subdivision Plan Areas: The improvements associated with each Plan Area are as follows:
PLAN AREA 'A'
Plan Area 'A' encompasses approximately 112.65± acres and inciudes Lot 11, Lot 12 (elementary school site), Lot 13 (neighborhood park), and Lot 14. The following general conditions are associated with development within Plan Area 'A' for Lot 11:
Morada Lane/Hwy 99 Interchange Frontage Roads
A 1. Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
A2. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
a. NB - one through/left-turn shared lane, and one right-turn lane b. SB - one through/left-turn shared lane, and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one through, one left-turn lane, and one right-turn lane A3. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane, one through lane and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 11 constructs the interim improvements identified in A21 and A22, the payment of a proportionate share of the cost of those improvements as defined in A 18 above is not required.
Morada Lane Interchange Frontage Roads
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A4. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
a. NB - one through/left-turn shared lane, and one right-turn lane b. SB - one through/left-turn shared lane, and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one through, one left-turn lane, and one right-turn lane A5. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane, one through lane and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 14 constructs the interim improvements identified in A39 and A40, the payment of a proportionate share of the cost of those improvements as defined in A36 above is not required.
PLAN AREA 'B'
Plan Area 'B' encompasses approximately 99.86± acres consisting of Lot 7, Lot 8, Lot 9 and Lot
10. The following general conditions are associated with development within Plan Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
General Conditions
Bikewa¼ Pedestrian Pathway & Crossings
81. All crossings of Holman Road proposed for bikeway/pedestrian purposes (i.e., "Parkway" and Bear Creek) shall be grade separated or occur at pedestrian actuated (midblock) signals. (#22)
82. The Final Map prepared for Lot 9 and Lot 10 shall show those access point dedications along the south side of Bear Creek that are associated with the class one bike trail. All access points will need to be a separate lot acquired and improved by the ODS. All plans and improvements shall be subject to approval by the, the City Police Department and the City Public Works Department. (#34)
83. The owner/subdivider of Lot 10 shall provide appropriate security, design and install a bikeway/pedestrian walkway along the south side of the Bear Creek drainage corridor. The bikeway/pedestrian walkway shall consist of an asphalt or concrete bike path as proposed in the project environmental document. Provide a Master Plan for the bikeway/pedestrian walkway prior to approval of the Final Map. The Master Plan shall contain but not be limited to the following component plans: signage, bollards, public access, landscaping, fencing, security (including hours of operation), and maintenance (including litter removal). A consolidated maintenance district will be 27 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
responsible for litter clean-up for the Bear Creek Corridor. The master plan shall be subject to review and approval by the Community Development Director and the Public Works Director. (#40), (#48)
B4. Prior to the recording a Final Subdivision Map within Plan Area B, design and submit to the Union Pacific Railroad (UPRR) the plans necessary to obtain UPRR approval of an a bikeway/pedestrian walkway crossing of the UPRR right-of-way along the south levee bank of Bear Creek.
Easements
B5. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
B6. The Final Map for Lot 9 and Lot 10 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note:
This condition is not required if the easement is already included as a component of another recorded map. (#18)
B?. Provide an accessible 10-foot wide maintenance/access easement or license agreement from UPRR for access purposes along the westerly side and a 3-foot wide maintenance/access easement along the easterly side of the masonry soundwall/fence constructed on the western side of Lot 10. (#33) Disclosure/Notification
B8. The owner/subdivider of Lot 10 shall disclose to all prospective home buyers as a condition of sale and prior to the opening of escrow, the existence of any present or former remediation site (lead or any other contaminant) within the project boundaries. (#43)
-,11Ftollowing-mFsitr,/in-ctract-impr011ermmis-a=t!ry-tmmpport development-withir.f"la Area 'B' Lot 7, Lot 8, Lot 9 and Lot 10:
On-site/In-tract Improvements Holman Road
B9. Prior to recording a final subdivision map within Lot 7, Lot 8, or Lot 10 within Plan Area B, prepare preliminary design plans and submit permit applications with Federal and State permitting agencies for the Holman Road Bridge crossing at Bear Creek and extension of Holman Road to Eight Mile Road. If the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek, then prior to recording any additional final subdivision maps within Plan Area B, design and submit for City approval plans for the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road. Upon approval of the Homan Road Bridge and extension plans by the City, initiate the construction of the extension of Holman Road to Eight Mile Road and the Holman Road Bridge crossing at Bear Creek. To assure adequate right- of-way is reserved to accommodate the Holman Road Bridge crossing at Bear Creek, no final subdivision map(s) shall be recorded within Lot 9 until the Federal and State permitting agencies approve and issue permits for the Holman Road Bridge crossing at Bear Creek.
Include median lighting. (#11)
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810. Concurrent with the construction of the extension of Holman Road to Eight Mile Road, install barricades per City of Stockton standards at the intersection of Holman Road and Cannery Circle/Tri-Valley Drive.
811. Install bus turnouts at the intersection of Holman Road and Pfc Jessie Mizener Street and Holman Road and Eight Mile Road as depicted on the tentative map. (#17) B 12. The owner/subdivider of Lot 8 and Lot 9 shall construct a masonry sound wall along the east side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
813. The owner/subdivider of Lot 10 shall construct a masonry sound wall along the west side of Holman Road from the northern boundary of the Woodbridge Irrigation District canal easement northward to The Bear Creek levee. The height of the soundwall shall be a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B14. Access to Holman Road shall be restricted except at public street intersections. (#7) B15. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Public Works Director. (#40)
Lt. Col. Mark Taylor Street
B16. The owner/subdivider of Lot 10 shall construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection of Lt. Col. Mark Taylor Street and Street 'P' to the western boundary of Cannery Park I M8-04A&B at a lime determined to be appropriate by the Public Works Director.
817. Access to Lt. Col. Mark Taylor Street shall be restricted except at public street intersections. (#7)
B 18. Construct a masonry sound wall along the north side of Lt. Col. Mark Taylor Street beginning at the western curb flare of the intersection of Lt. Col. Mark Taylor Street and Holman Road extending westward to the property boundary. The height of the soundwalls shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
819. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Public Works Director. (#40)
Pfc. Jessie Mizener Street
820. The owner/subdivider of Lot 7, Lot 8 or Lot 9 shall construct Pfc Jessie Mizener Street pursuant to the following improvement conditions. Note: In the event that the 29 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
Holman Road Road/Bear Creek Bridge is not granted its environmental permits allowing for its construction, and security has been provided for the construction of the bridge and Holman Road to Eight Mile Road, then in order to accommodate the daily trips from Improvement Plan Area B, the first final map within Plan Area B (i.e., Lot 7, Lot 8, Lot 9 or Lot 10) shall include the construction of Pfc Jessie Mizener Street pursuant to the dimensions and segment length described in B26 below.
B21. Construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from approximately one hundred (100) feet west of the western most curb flare at the intersection with Holman Road and Pfc Jessie Mizener Street to the State Route Hwy 99 Frontage Road.
B22. Install a barricade per City of Stockton standards at the intersection of Pfc Jessie Mizener Street and Collector A.
B23. • Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
B24. The owner/subdivider of Lot 9 shall construct a masonry sound wall along the north side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward across the southern property boundary intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision.
The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#47)
B25. The owner/subdivider of Lot 8 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern most curb flare of the intersection of Holman Road and Pfc Jessie Mizener Street eastward along the northern boundary of the property intersecting with the easement of the Woodbridge Irrigation District Canal; excepting appropriate access points into the subdivision.
The height of the soundwall shall be at a mIrnmum of seven feet, subject to design approval by the Community Development Director. (#47)
B26. The owner/subdivider of Lot 7 shall construct a masonry sound wall along the south side of Pfc Jessie Mizener Street beginning at the eastern boundary of the Woodbridge Irrigation District canal easement (Lot GG) eastward along the northern boundary of the property intersecting with the western boundary of Lot 5; excepting appropriate access points into the subdivision. The height of the soundwall shall be at a minimum of seven feet, subject to design approval by the Community Development Director. (#4 7)
B27. Install landscaping and sidewalk between masonry soundwall and back of curb subject to review and approval by the Community Development Director and the Public Works Director. (#40)
Minor roads and Collectors
B28. Rights of ways and/or lot layouts shall be reconfigured as necessary to accommodate traffic calming measures required by City Standard including, but not limited to, roundabouts and traffic circles. (#41)
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Off-site Improvements
Eight Mile Road
EXHIBIT D - Cannery Park Project Amended Conditions
B29. Prior to recording a final subdivision map within Plan Area B, design and submit for City approval a traffic signal at the intersection of Holman Road and Eight Mile Road and interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and deacceleration lanes, as appropriate. The improvements described in this Section B31 shall be constructed concurrent with the construction of the Holman Road Bridge crossing at Bear Creek and the extension of Holman Road to Eight Mile Road in conformance with Section B10 above. (#10), (#13)
Other Intersections/Roadways
B30. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total dally trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 1.65%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and ------------- g. Morada Lane/Hwy 99 East Frontage Road (interim improvements). �------------�---�------ . -· -·
B31. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 7 (i.e., 804), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 1.65%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) B32. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 1.32%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and 31 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
g. Morada Lane/Hwy 99 East Frontage Road (interim improvements). 833. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total dally trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 8 (i.e., 641), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 1.32%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) 834. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements). 835. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 9 (i.e., 842), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 1.73%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) 836. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily tnp generation estimate associated witITot f(J(---'-
1.e-.---- -,
4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements). 837. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2% ). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 10 (i.e., 4,087), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 8.39%) of the twopercent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16)
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EXHIBIT D - Cannery Park Project Amended Conditions
Other Facilities
B38. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 7 on TM8-04A&B (i.e., 9.01 acres), the owner/subdivider of Lot 7 shall pay a proportionate share (i.e., 4.6%) of the costs associated with the following improvements:
a. Bear Creek pedestrian/bicycle trail; and
b. Temporary Park & Ride Lot to be located on lot 17.
B39. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 8 on TM8-04A&B (i.e., 6.59 acres), the owner/subdivider of Lot 8 shall pay a proportionate share (i.e., 3.3%) of the costs associated with the following improvements:
a. Bear Creek pedestrian/bicycle trail; and
b. Temporary Park & Ride Lot to be located on lot 17.
B40. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated with Lot 9 on TM8-04A&B (i.e., 9.29 acres), the owner/subdivider of Lot 9 shall pay a proportionate share (i.e., 4.7%) of the costs associated with the following improvements:
a. Bear Creek pedestrian/bicycle trail; and
b. Temporary Park & Ride Lot to be located on lot 17.
B41. Based upon the total gross acreage of land designated as single family residential on TM8-04A&B (i.e., 197.77 acres) compared to the total gross acreage associated wit Lot 10 on TM8-04A&B (i.e., 74.97 acres), the owner/subdivider of Lot 10 shall pay a proportionate share (i.e., 37.9%) of the costs associated with the following improvements:
a. Temporary Park & Ride Lot to be located on lot 17.
Note: If development occurs within Plan Area 'B' prior to occurring in Plan Area 'A', the following on-site/in-tract improvements shall occur:
Holman Road
B42. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from southern boundary of TM8-04A&8 to the Woodbridge Irrigation canal easement. Include median lighting. (#11)
B43. Install a barricade per City of Stockton standards at the northern curb flare of the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive. 33 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
B44. Install bus turnouts at the intersection of Holman Road and Lt. Col. Mark Taylor Street/Hendrix Drive as depicted on the tentative map. (#17) B45. Access to Holman Road shall be restricted except at public street intersections. (#7) Lt. Col. Mark Taylor Street
B46. Construct the road to the full ninety-six (96) foot width (sixty-six (66) feet from curb face to curb face) from the western most curb flare at the intersection with Holman Road westward to a point located approximately fifty feet (50) west of the intersection of Lt. Col. Mark Taylor Street and Street 'P'. Include median lighting.
Off-site Improvements
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B47. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane B48. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the ------------ following lane configurations: (#10), (#13), (#16) �------ � � �� �� �- ------------- --- ---
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane B49. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one right-lane and one through lane
c. EB - one left-turn lane and one right-turn lane
d. WB - Not applicable
If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B50, B51 and B52, the payment of a proportionate share of the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements. 34 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
Note: If development occurs in Improvement Plan Area 'B' prior to occurring in Improvement Plan Area 'A', the following off-site improvements shall occur:
Morada Lane Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
B50. Design and install a traffic signal at Morada Lane/Hwy 99 West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
a. NB - one through/left-turn shared lane, and one right-turn lane b. SB - one through/left-turn shared lane, and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one through, one left-turn lane, and one right-turn lane B51. Design and install a traffic signal at the Morada Lane/Hwy 99 East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane, one through lane and one right-turn lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane If the owner/subdivider of Lot 7, Lot 8, Lot 9 or Lot 10 constructs the interim improvements identified in B53 and B54, the payment of a proportionate share of the cost of those improvements as defined in B32, B34, B36 and B38 above is not required of the owner/subdivider who constructed said improvements.
PLAN AREA 'C'
Plan Area 'C' encompasses approximately 73.52± acres of light industrial/business park uses, consisting of the Lot 1, Lot 2 and Lot 3. The following general conditions are associated with development within Improvement Plan Area 'C':
General Conditions
Easements
C1. The owner/subdivider of Lot 2 shall comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25) C2. The Final Map for Lot 1 and Lot 2 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note:
This condition is not required if the easement is already inciuded as a component of another recorded map. (#18)
C3. Provide non-exclusive access easements within the industrial and commercial areas as necessary to provide all required lot accesses. (#24) 35 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
Transportation System Management
C4. The owner/subdivider of Lots 1 and 2 shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21) The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'C':
On-site/In-tract Improvements
Signature Drive
C5. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) from Eight Mile Road southward as depicted on TM8-04A&B.
Cannery Circle
C6. The owner/subdivider of Lot 2 shall dedicate the right-of-way and construct the road to the full seventy-eight (78) foot width (forty-eight (48) feet from curb face to curb face) from Holman Road westward approximately 365 feet as depicted on the tentative map. Dedicate the right-of-way and construct the road to the full sixty (60) foot width (forty (40) feet from curb face to curb face) as depicted on TM8-04A&B.
Off-site Improvements
Golfview Road
C7. Design and construct a traffic signal at the future intersection of Eight Mile Road/Golfview Road/Signature Drive and stripe to provide the following lane configuration (#10), (#13), (#16)
a. NB - one left-turn lane and 1through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and two through lanes
d. WB - one through lane and one through/right-turn shared lane Other Roadways/Intersections
CB. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the total cost of roadway improvements at the following intersections (#13), (#16):
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a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
EXHIBIT D - Cannery Park Project Amended Conditions
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).
C9. The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 1 (i.e., 4,061), the owner/subdivider of Lot 1 shall pay a proportionate share (i.e., 8.33%) of the two-percent (2%) share of the cost of roadway improvements at the West lane/Arterial A intersection. (#16) C10. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements). -- --- ---�Ci 1. The proportionate share for roadway improvements afWest Lane/Arlerial7'\- intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation.estimate associated with Lot 2 (i.e., 5,844), the owner/subdivider of Lot 2 shall pay a proportionate share (i.e., 12.00%) of the two-percent (2%) share of the cost of roadway improvements at the West Lane/Arterial A intersection. (#16) Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas 'B' or 'D', the following on-site/in- tract improvements shall occur:
Holman Road
C12. Construct Holman Road to the full one hundred thirty-four (134) foot width (one hundred fourteen (114) feet from curb face to curb face) from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) C13. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on TM8-04A&B. (#17)
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EXHIBIT D - Cannery Park Project Amended Conditions
C14. Access to Holman Road shall be restricted except at public street intersections. (#7) Traffic Signals/Intersection Improvements
C15. Design and install a traffic signal at the intersection of Holman Road and Cannery Circleffri-Valley Drive. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'C' prior to occurring in Improvement Plan Areas '8', 'D' or 'E', the following off-site improvements shall occur:
Eight Mile Road
C16. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6)
C17. Install frontage improvements from the western boundary ofTM8-04A&B eastward to the eastern boundary of TM8-04A&B, including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5)
C18. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12) C19. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
C20. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) ariveways and shall be limited to right-tumin/rignt-turn out. Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be a minimum of 750 feet from the Union Pacific Railroad tracks. Project driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA #3)
C21. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and deacceleration lanes, as appropriate. (#10), (#13) Eight Mile Road Interchange Frontage Roads
C22. Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation. 38 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
C23. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane C24. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane C25. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one right-lane and one through lane
c. EB - one left-turn lane and one right-turn lane
d. WB - Not applicable
If the owner/subdivider of Lot 1 or Lot 2 constructs the interim improvements identified in C23, C24 and C25, the payment of a proportionate share of the cost of those improvements as defined in C9 and C11 above is not required of the owner/subdivider who constructed said improvements.
-- ------ ··----··
PLAN AREA 'D'
--·- -----
Improvement Plan Area 'D' encompasses approximately 32.09± acres of business park/commercial uses consisting of Lot 4. Improvement Plan Area 'D' encompasses approximately 18.74 ± acres of business park/commercial uses and 12.34± acres of high density residential on Lot 4 of Cannery Park Unit No. 1 Final Map. The following conditions are associated with development within Improvement Plan Area 'D', Lot 4 (Parcels GC Lot 1 through CG Lot 15 and RH Lot 1) These conditions are based on Tentative Map approval of the Cannery Park Amendments (P21-0435):
General Conditions
D1. Prior to the approval ofany Final Map, General Plan amendment, Rezoning and Development Agreement shall be approved by the City Council.
D2. Prior to the approval of any Building Permit for new structures, future residential development is subject to obtaining a Design Review approval per SMC Section
16.120.020(A)(1 )(a).
39 EXHIBIT 1
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D3.
D4.
D5.
EXHIBIT D - Cannery Park Project Amended Conditions
The ODS shall install full frontage improvements on Eight Mile Road, within the limits of the site, including, but not limited to, sidewalks, street lighting, and driveway installation. Said improvements shall be installed prior to occupancy of any buildings/structures on this site or prior to initiation of residential use. Further, all offsite improvements shall conform to City of Stockton Standard Plans and Specifications.
The property Owners, Developers, and/or Successors in Interest must provide a single master water meter for each of the high-density residential developments. The master meter will be located near the entrance of the high-density development.
The future design of the commercial and high-density residential sites shall comply with the City's Development Code and Design Guidelines. To ensure high-quality design and enhanced pedestrian/motor design, the following Design Guideline measures shall be applied to future Site Plan and Design Review submittals for any commercial and residential application:
• (3.03.070) Parking courts should be well designed, with consideration given to landscaping, lighting, building massing, and pedestrian/vehicular circulation.
• (3.03.070) Convenient pedestrian connections should be provided to adjoining residential developments, commercial projects, and other compatible land uses.
• (3.03.070) Pedestrian access to adjacent existing or planned open space areas and corridors should be provided for the development's residents. • (3.03.070) Cross circulation between vehicles and pedestrians should be minimized. A continuous, clearly marked walkway should be provided from the parking areas to main entrances of buildings.
-- •- (4s01"030) Prnvicis-safe,-wnvenient,and-efficient vel:licular-assessment, - circulation, parking, loading, and maneuvering. Encourage pedestrian activity by providing convenient access and safe pedestrian routes. • (4.01 .040) Ensuring that new development considers its relationship to and interface with surrounding existing development, especially residential uses.
Easements Conditions
D6. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
D7. The Final Map for Lot 4 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18)
Public Works/Engineering
40 EXHIBIT 1
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08. 09.
010.
011.
012.
013.
014.
EXHIBIT D - Cannery Park Project Amended Conditions
The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, 4 or 5, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park and Ride facility may be a stand-alone designated lot or may consist of designated spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21) How many park and ride spaces will be required?
The ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.
The ODS shall construct the private street per City standards.
The ODS shall make necessary right-of-way dedications along the frontage of the project site to ensure all public improvements, including but not limited to sidewalks, wheelchair ramps, signals, and the like, are appropriated the needed public right of way.
All off-site improvements proposed with the project shall require the preparation and submission of improvement plans to include but not limited to the installation of curb, gutter, sidewalk, street lighting, paving, and landscaping. The ODS shall provide __ proof of reclamation district approval for all improvement on, or adjacent to, the existing levees. Proof must be submitted prior to Site Improvement Plans.
All improvements adjacent to Bear Creek are subject to the agency having jurisdiction of this waterway along with any dedication requirements that are required for this development.
All off-site improvements proposed with the project shall require the preparation and submission of Improvement Plans and shall be subject to review and approval of the Director.
Municipal Utilities Department
015. The property Owners, Developers, and/or Successors in Interest must provide a single master water meter for each of the high-density residential developments. The master meter will be located near the entrance of the high-density development. 016. The property Owners, Developers, and/or Successors in Interest shall comply with any and all requirements, and pay all associated fees, as required by the City's 41 EXHIBIT 1
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EXHIBIT D - Cannery Park Project Amended Conditions
Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.
D17. The ODS shall connect the Cannery Park (North) project to a 24-inch water main in Eight Mile Road that runs from West Lane to STATE ROUTE 99 and is connected to the 24-inch water main in West Lane from Bear Creek to Eight Mile Road and also connected to a 24-inch water main in N. STATE ROUTE 99 W. Frontage Road from Eight Mile Road to PFC Jesse Mizener Street; all of which is identified in the 2022 City Water Master Plan and will provide sufficient water supply and pressure to the project site. If the 24-inch water main is not available for the project to make said connection, then the ODS shall provide a water model identifying the improvements, if any, that are required to provide sufficient water supply and pressure to the project site and upon approval of the water model by the Director of Municipal Utilities, prepare improvement plans to be approved by the Director, and construct any required improvements. This includes any offsite approval that requires subsequent permits and environmental review. The ODS shall construct 8' masonry walls to enclose the perimeter of the City pump and controls in the new sewer pump station.
Note: If construction occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Area 'C', the following improvement shall occur:
On-site/in-tract Improvements
0 Street Tri-Valley Drive is referenced as O Street on TM P21-0435 so all references to O Street should be changed to O Street so it correlates with TM D18. Dedicate the right-of-way and construct the road to the full width from curb face to curb face from Holman Road eastward to and including the cul-de-sac. Right of way dedication shall be for the purpose of constructing full roadway width suitable for the ac1Jacen1 lanause.
P Street Collector A is referenced as P Street on TM P21-0435 so all references to Collector A should be changed to P Street so it correlates with the TM D19. Dedicate the right-of-way and construct the road to the full width from curb face to curb face from Eight Mile Road southward to and including the cul-de-sac. Right of way dedication shall be for the purpose of constructing full roadway width suitable for the adjacent land use
Access to P Street shall be restricted within 300 feet from the intersection with Eight Mile Road.
D20. Install bus turnouts at the intersection of Collector A and Eight Mile Road as depicted on TM8-04A&B. (#17)
D21. A full access intersection shall be allowed at Eight Mile Road and P Street, located 1,000 feet west of the west frontage road and a traffic signal shall be installed to use the access. (SPA#4)
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EXHIBIT D - Cannery Park Project Amended Conditions
Traffic Signals/Intersection Improvements
D22. Design and install a traffic signal at the intersection of Eight Mile Road and P Street.
Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Off-site Improvements
Other Roadways/Intersections
D23. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., D24.
5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).
The proportionate share for roadway improvements at West Lane/Arterial A intersection for the Cannery Park TM8-04A&B is two percent (2%). Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 4 (i.e., 5,914), the owner/subdivider of Lot 4 shall pay a proportionate share (i.e., 12.13%) of the two-percent (2%) share of the cost of roadway improvements at the West [ane/Artenal A intersection. (#16) Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B' or 'C', the following on-site/in- tract improvements shall occur:
Holman Road
D25. Construct Holman Road to the full width from curb face to curb face from Eight Mile Road southward to Bear Creek. Include median lighting. (#11) D26. Install a bus turnout at the intersection of Holman Road and Eight Mile Road as depicted on the tentative map. (#17)
D27. Access to Holman Road shall be restricted except at public street intersections. (#7) Traffic Signals/Intersection Improvements
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D28. Design and install a traffic signal at the intersection of Holman Road and Cannery Circle/O Street. Activation of the traffic signal shall be at the discretion of the Public Works Director. (#13)
Note: If development occurs in Improvement Plan Area 'D' prior to occurring in Improvement Plan Areas 'B', 'C' or 'E', the following off-site improvements shall occur:
Eight Mile Road
D29. Comply with all conditions of Specific Plan Amendment SPA 1-03 and install all improvements required by said amendment. (#6) An update to the Precise Plan is ongoing where lanes and right-of-way will be reduced in conformance with the General Plan.
D30. Install frontage improvements from Holman Road eastward to the eastern boundary of TM P21-0435 including but not limited to curb, gutter, sidewalk, pavement widening and street lighting along Eight Mile Road to provide a minimum 72-foot half street section. (#5) Full width shall comply with the updated Precise Road Plan D31. Existing points of access shall remain unrestricted until such time as the Eight Mile Road improvements are constructed or until an adjacent parcel is developed. (#12) D32. Install a continuous eleven (11) foot minimum width deceleration lane on the south side of Eight Mile Road for a minimum of 200 feet west of the driveway located approximately 800 feet east of the Union Pacific Railroad (formerly the SPRR). (SPA #5)
D33. The Project driveway(s) on Eight Mile Road shall be limited to a total of four (three new) driveways and shall be limited to right-turn in/right-turn out. Driveways shall be spaced a minimum distance of 300 feet from any intersection, driveway or creek and shall be aminimuni of750�feel from theUnion PacificRailroaa tracl<s. -Pro1ect driveway(s) shall be designed and constructed to prevent on-site cross traffic for a minimum distance of 100 feet from the future property line along Eight Mile Road. (SPA#3)
D34. Design and install a traffic signal at the intersection of Holman Road and Eight Mile Road. Construct interim intersection improvements to the satisfaction of the Public Works Director, including appropriate alignment and striping of the intersection turn lanes and the provision of transition lanes on the south side of Eight Mile Road approaching and departing Holman Road. Provide vehicle acceleration and deacceleration lanes, as appropriate. (#10), (#13) Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
D35. D26. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations. (#10), (#13), (#16)
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a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane D36. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane D37. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one right-lane and one through lane
c. EB - one left-turn lane and one right-turn lane
d. WB - Nol applicable
If the owner/subdivider of Lot 4 constructs the interim improvements identified in D48, D49, and D50, the payment of a proportionate share of the cost of those improvements as defined in D36 above is not required.
PLAN AREA 'E'
Plan Area 'E' encompasses approximately 67.74± acres consisting of the Lot 5 and Lot 6. The following conditions are associated with development within Improvement Plan Area 'E.';To! a (Lots 1-267, Lot A Park/Open Space, and Lot B Basin) and Lot 6 (Lots 268-331) These conditions are based on Tentative Map approval of the Cannery Park Amendments (P21-0435):
General Conditions
E1. Prior to the approval of any Final Map, General Plan amendment, Rezoning and Development Agreement shall be approved by the City Council.
E2. Prior to the approval of any building permit for the construction of new homes, future residential development is subject to obtaining a Design Review approval per SMC Section 16.120.020(A)(1)(a).
E3. Lots 181 and 43 will be required to have an 8' tall masonry wall between Lot A and the residential lots. The wall shall be constructed on private properly.
E4. In lieu of a Bike Path along the top of the south bank of Bear Creek fronting the project site, a bike path shall be included in the design of the Park/Open Space on 45 EXHIBIT 1
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Lot A and shall be constructed as per the Second Amended Development Agreement.
E5. ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.
E6. The ODS shall restrict the lots represented as Lots 291-296 in Village H to single story homes.
Neighborhood Park Conditions
NOTE: The following conditions specify the park obligations outlined in the Cannery Park Project Development Agreement.
E7. The ODS shall provide a turn-key developed park/open space (Lot A) to the City at no cost to the City, designed, improved, and maintained to the satisfaction of the City via a DOA. Such developed Lot A and other adjacent easements shall be maintained through the City's CLMAD or other entity acceptable to the City.
EB. The ODS shall maintain Lot A including all adjacent undeveloped easements and bike/pedestrian paths to the satisfaction of the City until the City has finally accepted the developed park/open space as completed publicly usable facilities.
Fire Department
E9. Fire hydrant locations, installation, and design shall be per COS Standards.
E10. Residential street design shall be per COS Standards.
E11. All single-family homes shall have automatic fire sprinklers designed and installed per NFPA 13-D Standards.
E12. A minimum of 1-inch water meters shall be installed at each single-family home to accommodate the domestic water and fire sprinkler demands.
E13. Deferred submittals are required for the fire sprinkler plans (per model type).
Public Works/Engineering
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E14. The ODS shall make necessary right-of-way dedications along the frontage of the project site to ensure all public improvements, including but not limited to sidewalks, wheelchair ramps, and the like, are within the public right of way.
E15. The ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.
E16. The ODS shall install full frontage improvements on PFC Jesse Mizener Street, within the limits of the site, including, but not limited to, sidewalks, street lighting, and driveway installation. Said improvements shall be installed prior to occupancy of any buildings/structures on this site or prior to initiation of residential use. Further, all offsite improvements shall conform to City of Stockton Standard Plans and Specifications.
E17. Per the Stockton Municipal Code Section 16.72, development on the site shall require site frontage improvements, including, but not limited to, the installation of curb, gutter, sidewalk, street lighting, paving, and landscaping.
E18. The property owners, developers, and/or successors-in-interest shall submit subdivision master plans, or indicate compliance of existing master plans, for water, storm, and sanitary sewer service. These plans shall show all on-site and off-site utilities necessary to �ovide water, storm, and �anitary sewer utility service. These plans shall be approved by the Deputy Municipal Utilities District Director of Engineering & Department Services prior to the submittal of any improvement plans.
E19. The ODS shall be responsible (at no cost to the City) for all the improvements to the open space areas (greenbelt, related landscape improvements, and connecting lots (incl. lighting) all to the satisfaction of the City representative. This includes completion of the Class 1 bike pathway along Bear Creek. Proof must be submitted prior to Site Improvement Plans.
E20. All off-site improvements proposed with the project shall require the preparation and submission of improvement plans to include but not limited to the installation of curb, gutter, sidewalk, street lighting, paving, and landscaping. The ODS shall provide proof of reclamation district approval for all improvement on, or adjacent to, the existing levees. Proof must be submitted prior to Site Improvement Plans.
E21. All improvements adjacent to Bear Creek are subject to the agency having jurisdiction of this waterway along with any dedication requirements that are required for this development.
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E22. All off-site improvements proposed with the project shall require the preparation and submission of Improvement Plans and shall be subject to the review and approval of the Director.
Municipal Utilities Department
E23. The property Owners, Developers, and/or Successors in Interest shall comply with any and all requirements, and pay all associated fees, as required by the City's Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.
E24. The ODS shall provide a water model identifying the improvements, if any, that are required to provide sufficient water supply and pressure to the project site and upon approval of the water model by the Director of Municipal Utilities, prepare improvement plans to be approved by the Director, and construct any required improvements. This includes any offsite approval that requires subsequent permits and environmental review. The ODS shall connect the Cannery Park (North) project to a 24-inch water main in Eight Mile Road that runs from West Lane to STATE ROUTE 99 and is connected to the 24-inch water main in West Lane from Bear Creek to Eight Mile Road and also connected to a 24-inch water main in N. STATE ROUTE 99 W. Frontage Road from Eight Mile Road to PFC Jesse Mizener Street; all of which is identified in the 2022 City Water Master Plan and will provide sufficient water supply and pressure to the project site. If the 24-inch water main is not available for the project to make said connection, then the ODS shall provide a water model identifying the improvements, if any, that are required to provide sufficient water supply and pressure to the project site and upon approval of the water model by the Director of Municipal Utilities, prepare improvement plans to be approved by the Director, and construct any required improvements. This includes any offsite approVal th8t requires sLibsequent permitS and-Sllvironmental review�- - -- - E25. The ODS shall provide a 16-foot wide all-weather access road around the detention basin and to the storm pump station.
E26. The ODS shall provide appropriately-sized utilities, including natural gas and threephase electrical power to the storm pump station. The ODS shall provide an 8-inch waterline connection in Lot 306 and Lot A Park/Open Space that loops the water system between the internal subdivision to the external streets. A 10-foot-wide City water easement shall be dedicated on Lot 306.
E27. The ODS shall construct all sound walls consistent with the noise analysis and original mitigation measures included in the Project EIR. .
E28. The ODS shall construct minimum 8' tall masonry walls to enclose the perimeter of the City pumps and controls in the storm pump station.
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E29. The ODS shall construct minimum 6' tall ornamental iron fence, a 6' tall masonry block wall, or a combination of each as well as associated maintenance vehicle access gates along the perimeter of Lot B Basin.
E30. The ODS shall construct a minimum 8' tall masonry wall between Lot 187 and Lot B Basin. Such wall shall be on private property (Lot 187).
E31. The ODS shall provide an 8-inch water line connection in Lot 306 and Lot A Park/Open Space that loops the water system between the internal subdivision to the external streets. A 10-foot-wide City water easement shall be dedicated on Lot 306.
Easements
E32. Comply with all requirements of agencies having jurisdiction over the Woodbridge Irrigation District (WID). (#25)
E33. The Final Map for Lot 5 shall include a ten (10) foot easement from the existing toe of the levee along Bear Creek for maintenance of all levee slopes. Note: This condition is not required if the easement is already included as a component of another recorded map. (#18
Transportation System Management
E34. The owner/subdivider shall participate in any Transportation Systems Management (TSM) programs established by the City of Stockton and provide a permanent area for a park and ride facility as a part of the development of Lots 1, 2, or 4 as shown on Cannery Park Unit No. 1 Final Map eHi, or a combination thereof. Lot 17 is considered an interim park & ride location that will eventually be eliminated with the reconstruction of the State Highway Route 99/Eight Mile Road interchange. The Park _anrl_RideJacilily_rnayb_e_a_atand�alone_de_signatedJoLor_may_consisl_j)Ld_e_sig[laled_ spaces within a parking area in the above referenced lots. The required number of park & ride spaces shall be determined by the Public Works Director in consultation with Caltrans. (# 21) Lot 5 is SFR
E35. The ODS shall design and submit offsite improvement plans to the Community Development Department - Engineering Section for approval. Improvement Plans shall include but not be limited to traffic signal modifications, installation of roundabouts, traffic calming devices, curb, gutter, sidewalk, driveway access, wheelchair ramps, streetlight standards, and public utilities. A Neighborhood Traffic Management Plan shall be submitted with the improvement plans. Offsite improvements shall be constructed per City Standards prior to the issuance of any building permits.
The following on-site/in-tract improvements are necessary to support development within Improvement Plan Area 'E' Lot 5 and Lot 6:
Off-site Improvements
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Other Roadways/Intersections
E36. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 5 (i.e., 20,126), the owner/subdivider of Lot 5 shall pay a proportionate share (i.e., 41.31 % ) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim 'improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements).
E37. Based upon the total daily trip generation rate for Cannery Park (i.e., 48,726) compared to the total daily trip generation estimate associated with Lot 6 (i.e., 1,517), the owner/subdivider of Lot 6 shall pay a proportionate share (i.e., 3.11%) of the total cost of roadway improvements at the following intersections (#13), (#16):
a. Eight Mile Road/Ham Lane;
b. Eight Mile Road/Leach Road;
c. Eight Mile Road/Hwy 99 West Frontage Road (interim improvements); d. Eight Mile Road/Hwy 99 East Frontage Road (interim improvements); e. Eight Mile Road/Hwy 99 East Frontage Road at Northbound ramp (interim improvements);
f. Morada Lane/Hwy 99 West Frontage Road (interim improvements); and g. Morada Lane/Hwy 99 East Frontage Road (interim improvements). ------ ---- ---- ---- --
Note: If construction occurs in Improvement Plan Area 'E' prior to occurring in improvement Plan Area 'C' or 'D', the following improvement shall occur:
Pfc Jessie Mizener Street
E38. Access to Pfc Jessie Mizener Street shall be restricted except at public street intersections. (#7)
Eight Mile Road Interchange Frontage Roads
Provide appropriate security, design and construct the following interim improvements to mitigate near-term impacts and enhance circulation.
E39. Design and install a traffic signal at the intersection of Eight Mile Road/West Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane 50 EXHIBIT 1
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b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane E40. Design and construct a traffic signal at the intersection of Eight Mile Road/East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
a. NB - one left-turn lane and one through/right-turn shared lane b. SB - one left-turn lane and one through/right-turn shared lane c. EB - one left-turn lane and one through/right-turn shared lane d. WB - one left-turn lane and one through/right-turn shared lane E41. Install stop signs at the intersection of the north bound off-ramp and East Frontage Road and widen the intersection as appropriate, with striping to provide the following lane configurations: (#10), (#13), (#16)
e. NB - one left-turn lane and one through/right-turn shared lane f. SB - one right-lane and one through lane
g. EB - one left-turn lane and one right-turn lane
h. WB - Not applicable
If the owner/subdivider of Lot 5 or Lot 6 constructs the interim improvements identified in D114, D115, and D116, the payment of a proportionate share of the cost of those improvements as defined in D94 and D96 above is not required of owner/subdivider who constructs said improvements.
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City of Stockton
Legislation Text
File #: 25-0187, Version: 1
ADOPT A RESOLUTION TO APPROVE THE STOCKTON TOURISM BUSINESS IMPROVEMENT DISTRICT 2024 ANNUAL REPORT AND PROPOSED 2025 OPERATING BUDGET AND SERVICE PLAN
RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:
1. Approving the 2024 Annual Report for the Stockton Tourism Business Improvement District;
2. Approving the Proposed 2025 Operating Budget, Service Plan, and Assessment for the Stockton Tourism Business Improvement District;
3. Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose of this resolution.
Summary
The City of Stockton contracts with the Stockton Convention & Visitors Bureau (Visit Stockton) to manage assessed funds collected from the Stockton Tourism Business Improvement District (STBID) and provide tourism-supporting services as described in the approved Management District Plan.
The contract requires Visit Stockton to submit an Annual Budget and Service Plan for the upcoming year, and an Annual Report from the prior year. The 2025 Annual Service Plan consists of the proposed operating budget, assessment, and anticipated goals for this calendar year.
It is recommended that City Council approve the 2024 Annual Report and the 2025 Operating Budget and Service Plan for Visit Stockton (Exhibits 1 and 2 to the Resolution).
DISCUSSION
Background
The STBID was established in December 2010 for a five-year term (Attachment A - Resolution No. 10 -0406). Prior to its expiration in 2015, it was renewed and extended for an additional ten (10) years, set to expire on December 31, 2025 (Attachment B - Resolution No. 2014-11-04-1601-01). The STBID includes all lodging businesses, existing and future, available for public occupancy within the boundaries of the City of Stockton. The formation of the STBID was made possible under the California Property and Business Improvement District Law of 1994 to act as a funding mechanism to promote tourism. These businesses are assessed a 5% rate of gross revenue for short-term stays that are less than 31 days. Tourism Business Improvement Districts (TBIDs) allow lodging and tourism-related business owners to use the assessed funds for marketing, promotion, and tourismCity of Stockton Page 1 of 4 Printed on 4/23/2025 powered by Legistar™151
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related activities. The City of Stockton contracts with Visit Stockton to manage the funds and report annually on services and marketing activities. Its mission statement is “...to enhance the region’s quality of life by collaboratively leading the promotion of Stockton’s richly diverse community and advocating for initiatives that will enhance the City’s quality of place.” On November 19, 2024, City Council approved the renewal of the STBID and an extension to the agreement with Visit Stockton through 2035 (Attachment C - Resolution No. 2024-11-19-1601-02).
The renewal extended the STBID for an additional ten (10) year term, beginning January 1, 2025, and ending ten (10) years from its start date, unless renewed pursuant to Streets and Highways Code section 36660.
Present Situation
The Visit Stockton 2024 Annual Report summarizes the activities and services administered by Visit Stockton last year. A few of those accomplishments are listed below:
· The annual Feast at the Fox event was held at the Bob Hope (Fox) Theatre in September.
This signature fundraiser for the Delta College Culinary Arts Program and the Child Abuse Prevention Council of San Joaquin County raised $7,995 and welcomed 208 guests - an increase from 2023’s 176 guests.
· The award-winning Stockton Flavor Fest marked its third year at Weber Point Events Center, where we celebrated the diverse food, music, and cultures of Stockton. In collaboration with the City of Stockton and local partners, the festival aimed to instill pride and excitement in the community. Stockton Flavor Fest was also made possible thanks to over 400 volunteers who earned their respective non-profit organizations nearly $21,000. · Visit Stockton’s marketing campaigns aim to attract visitors and inspire exploration of the City.
The “This is Stockton” podcast series showcases the people and events in Stockton and saw an increase in subscribers and new listeners.
o 2024 Podcast Stats
§ New episodes = 14 (total = 48)
§ Subscribers = 245
§ Apple podcasts = 4.9/5 stars
§ Spotify = 4.6/5 stars
· Stockton hosted Pat Pattinson for his “Best of California” TV series that included visits to local landmarks and a Ports game.
The primary goal of Visit Stockton is to increase hotel occupancy through marketing, specialized campaigns, support of sporting events, and festivals. Though it has been nearly four years since the beginning of the pandemic, the local tourism economy is slowly recovering. Visit Stockton remains vigilant in bolstering the City’s lodging and hospitality sector.
Benchmark statistics are as follows:
· Overall hotel demand decreased by 5%
· Average Daily Rate (ADR) for Stockton hotels was $114.02 per night, down 2% from 2023 ADR of $117.13
· Hotel revenue generated from overnight stays was $52,761,254, down 7.6% from 2023’s total, $57,129,202
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File #: 25-0187, Version: 1
The anticipated budget for 2025 is $1,934,850.
Revenue
TBID Assessment $1,810,000
Events/Misc. $115,350
Carryover from previous year $100,000
Total Revenue $2,025,350
Expenses
Administration & Operations $299,430
Sales & Marketing $1,635,420
TBID Contingency 5% $90,500
Total Expenses $ 1,934,850
The above category allocations are consistent with the STBID Management District Plan that was adopted by the City Council on November 19, 2024, and with the intent of the Tourism Business Improvement District Assessment.
The 2025 Annual Service Plan addresses the proposed budget, strategies, and objectives of Visit Stockton.
Below are some of the Visit Stockton 2025 goals:
· Continue to reclaim hotel leakage - Ongoing Hotel Awareness campaigns to boost visibility and attract visitors, reducing “leakage” to nearby cities/towns. · Stockton Ambassador Program - Create new and improved Stockton Ambassador Program to re-engage and educate those who live and/or work in Stockton on the importance of tourism to our economy, what Visit Stockton can do to support hosted events/local businesses/nonprofits, positive customer service skills, and why their involvement in our city matters. · Digital Marketing Assistance - Launch an educational series with a goal to help organizations create more engaging content to serve their organizations’ needs while also providing Visit Stockton additional information and content to promote the City. · Organizational Structure - Evaluate current structure within the organization to increase efficiency and position Visit Stockton to best execute necessary strategies that serve its mission.
FINANCIAL SUMMARY
Visit Stockton’s proposed operating budget consists of the assessments and other sources. The estimated income from the assessments to be paid to Visit Stockton in 2025 is $1,810,000, split into quarterly payments.
The City will retain 3% of the collected STBID assessment revenue amount (estimated to be approximately $54,300) to offset the ongoing cost of processing and collecting the assessment.
These funds are received to the Maintenance District Fund, Business Development Division, STBID City of Stockton Page 3 of 4 Printed on 4/23/2025
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Program and the corresponding administration cost is budgeted through the annual budget process.
There is no negative financial impact to the City’s General Fund as a result of this action.
Attachment A - Resolution No. 10-0406
Attachment B - Resolution No. 2014-11-04-1601-01
Attachment C - Resolution No. 2024-11-19-1601-02
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Resolution No. 2 0 14-11-04-160 1-0 1
STOCKTON CITY COUNCIL
RESOLUTION DECLARING THE RESULTS OF THE MAJORITY PROTEST
PROCEEDINGS, RENEWING THE STOCKTON TOURISM BUSINESS
IMPROVEMENT DISTRICT FOR A TEN-YEAR PERIOD, LEVYING AN
ASSESSMENT ON LODGING BUSINESSES WITHIN THE DISTRICT, AND
APPROVING A MANAGEMENT DISTRICT PLAN
A Tourism Business Improvement District is a flexible financing tool for creating private-sector, self-governed management districts; and The City of Stockton has one such district, the Stockton Tourism Business Improvement District (STBID), formed by the City Council in 2010 for a period of five years ending on December 31 , 2015; and
The Property and Business Improvement District Law of 1994 (Sts. & Hy. Code, § 36600 et. seq.) authorizes the City to renew business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and
Lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the STBID have petitioned the City Council to renew the STBID; and
Included with the petitions was a Management District Plan summary that describes the proposed assessment to be levied on lodging businesses within the STBID to pay for sales promotion and marketing activities, and other improvements and activities set forth in the Management District Plan; and The assessed lodging businesses within the STBID will be specifically benefited by the activities and improvements set forth in the Management District Plan; and On September 9, 2014, at 5:30 p.m. at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, the City Council adopted a Resolution of Intention, Resolution No. 2014-09-09-1202, to renew the STBID for a ten-year period commencing on January 1, 2016; and
On September 23, 2014, at 5:30 p.m. at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, the City Council held a public meeting to provide interested parties with the opportunity to provide testimony in support or opposition to the renewal of the STBID and levying of assessment pursuant to the Property and Business Improvement
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District Law of 1994 and notices were sent to local lodging businesses informing them of the meeting; and
The public meeting and public hearing to consider the renewal of the STBID were properly noticed in accordance with Streets and Highways Code section 36623; and On November 4, 2014, at 5:30 p.m. at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, the City Council held a public hearing regarding the renewal of the STBID, and the City Council heard and received all objections and protests, if any, to the renewal of the STBID and the levy of the proposed assessment; and The City Cl~ k has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.
2. The STBID is hereby renewed for a ten (10) year term, beginning January 1, 2016 through December 31, 2025.
3. The activities to be provided to benefit businesses in the district will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the district; to provide activities or improvements outside the STBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Management District Plan.
4. The City Council finds as follows:
a. The activities funded by the assessment will provide a specific benefit to assessed businesses within the STBID that is not provided to those not paying the assessment.
b. The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. c. The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not
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charged, and which does not exceed the reasonable costs to the local government of providing the service or product.
d. Assessments imposed pursuant to the STBID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the "STBID Assessment.
5. The assessments levied for the STBID shall be applied towards sales, promotions and marketing programs to market Stockton lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Management District Plan.
6. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit.
7. The assessments for the entire District will total approximately $990,000 in year one.
8. Bonds shall not be issued to fund the STBID.
9. The STBID shall include all lodging businesses located within the boundaries of the City of Stockton. A boundary map is attached hereto as Exhibit 1 and incorporated herein by this reference.
10. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the STBID assessment is levied as long as they are used consistent with the requirements set forth herein.
11 . The assessments to fund the activities and improvements for the STBID will be collected at the same time and in the same manner as are transient occupancy taxes, and in accordance with Streets and Highways Code section 36631.
12. Stockton Convention & Visitors Bureau (Visit Stockton) shall be the Owners Association for the District pursuant to Streets and Highways Code section 36614.5.
13. Pursuant to Streets and Highways Code section 36650, Visit Stockton shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and
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activities described in the report. The first report shall be due after the first year of operation of the district.
14. The STBID established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (Sts. & Hy. Code,§ 36600 et. seq.).
15. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the STBID and to levy the assessments.
16. This Resolution shall take effect immediately upon its adoption by the City Counci l.
17. The City Manager is hereby authorized and directed to take all necessary and appropriate action to carry out the purpose and intent of this Resolution.
ATIEST:
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District Map
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE 2024 ANNUAL REPORT AND PROPOSED 2025
OPERATING BUDGET AND SERVICE PLAN FOR THE STOCKTON TOURISM
BUSINESS IMPROVEMENT DISTRICT
In December 2010, the City Council established the formation of the Stockton Tourism Business Improvement District (STBID) to provide services to the District, including the promotion of Stockton as a business, conference, sports, and visitor destination; and The STBID was renewed in 2015, and most recently in 2024 for an additional ten years, set to expire on December 31, 2035; and
The City of Stockton (City) contracts with the Stockton Convention & Visitors Bureau (Visit Stockton) to manage the District’s funds and provide services; and The contract requires Visit Stockton to submit an Annual Report from the prior year and a proposed Service Plan and Operating Budget for the upcoming year for review, comment and approval; and
The STBID serves as an important economic development tool to grow and enhance not only the tourism sector in Stockton, but a positive image of the community to visitors; 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 and Proposed 2025 Operating Budget and Service Plan (Exhibits 1 & 2), copies of which are attached hereto and incorporated by reference, in the amount of $1,810,000 and annual assessment rate of 5% per hotel room, per night, as adopted in the STBID for marketing and promoting Stockton as a tourist, meeting, and event destination.
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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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 29, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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February 28, 2025
Partners, Stakeholders, and Community Members,
It is an honor to introduce myself as the new CEO of Visit Stockton and to share my excitement for the future of our organization and our city. I am proud to return to Visit Stockton with a deep commitment to our mission of promoting Stockton as a vibrant destination for visitors, residents, businesses, and events. Stockton is a city full of culture, history, and opportunity, and I am eager to build upon the strong foundation that has been established to further elevate our impact.
Looking back on 2024:
According to the December 2024 Smith Travel Research (STR), YTD room night demand fell slightly compared to the same period in 2023, down 5.1%. With small declines in average daily rates, YTD room revenue was also down 7.6%. While these challenges affected our hospitality sector, we remain committed to supporting our local hotel partners and driving visitation through strategic marketing, event promotion, and community partnerships.
This past year also brought significant changes to our team, with the departure of key staff members, including the CEO in September. While these transitions posed challenges, I am beyond grateful for the dedication and adaptability of our remaining staff, who stepped up to ensure the continued success of Visit Stockton. Their hard work and passion for this city have been invaluable, and I am incredibly proud to lead such a committed team. I am also grateful for the Executive Members of the Visit Stockton Board of Directors who spent countless hours engaged in the search process and supporting the team in the absence of a CEO.
Despite these challenges, 2024 was a year of exciting achievements. Signature events like Stockton Flavor Fest, Feast at the Fox, and the Sports City Golf Tourney brought thousands of visitors to our city, showcasing Stockton’s incredible culinary scene and sports tourism potential. Additionally, our This Is Stockton podcast continued to engage audiences, highlighting the people and stories that make Stockton unique. These successes underscore the resilience of our tourism industry and the value of investing in experiences that draw people to our community.
As we look ahead to 2025, we are focused on rebuilding our team, strengthening our partnerships, and continuing to position Stockton as a premier destination. We remain optimistic about the opportunities ahead and are excited to share our vision for the future in the accompanying 2025 Service Plan.
Thank you for your continued support of Visit Stockton and our mission. Together, we will make 2025 a year of growth and success for our city.
Robyn Camino
Chief Executive Officer
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2024 ANNUAL REPORT
Direct Travel Impact Data 2023
Compiled by Dean Runyan Associates, describes the economic impact of travel to and through our community, including detailed estimates of travel spending, the employment and earnings generated by this spending, and travel generated tax receipts. This information is important because it allows us to assess how the business of travel impacts our tax base, and what sort of burden they would face if we didn’t support the industry.
(Direct Travel Impact Data is published each May - numbers are a year behind on annual reports.) VISITORS SPENT NEARLY $1 MILLION A DAY IN STOCKTON THROUGH DIRECT TRAVEL SPENDING • Direct Travel Spending = $360.4M
o By Sector
Food Service = $119.1M
Local Transportation & Gas = $79.5M
Retail Sales = $66.1M
Accommodations = $48.5M
Arts, Ent., Rec. = $47.2M
• Jobs Supported by Direct Spending = 2,800
• Local Tax Generated by Direct Travel Spending = $10.6M • State Tax Generated by Direct Travel Spending = $17.4M 2024 HOTEL NUMBERS
• Hotel Demand
o By Year
2024 = 462.7k
2023 = 487.5k
2022 = 506.7k
• Average Daily Rate
o By Year
2024 = $114.02
2023 = $117.13
2022 = $116.75
2024 Hotel Revenue Generated by Overnight Stays $52,761,254.43 EXHIBIT 1
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OUR SIGNATURE EVENTS
Visit Stockton’s Signature Events play a pivotal role in shaping the narrative of “things to do” in the city.
These events not only promote visitation but also contribute to storytelling while creating a compelling backdrop for our community. Moreover, they serve as an inspiration for other events professionals, encouraging the production of large-scale activities that contribute to the dynamic cultural fabric of our community.
Tourism Breakfast (April 17, 2024)
Our Traditional Tourism Breakfast serves as a platform for our organization to showcase achievements from the previous year and outline plans and goals for the upcoming year with our valued partners and stakeholders. 2024’s outing was held at the University Plaza Waterfront Hotel and featured the musical stylings of Dante Milano on the keyboard.
The highlight was awarding six local Stocktonians with Hospitality Awards for their service in our city.
Awards presented included Hospitality Hero Award (Johnny Palacio from Downtown Stockton Alliance), Remarkable Attraction Staff Award in Performing Arts and Entertainment (James Reed from The Stockton Civic Theatre), Remarkable Attraction Staff Award in Sporting Facility and Events (Marissa Cabusas from The Reserve at Spanos Park), Excellent Customer Service Award (Britany Brown from German Guys Restaurant), Leadership Award (Loni Saldana from La Quinta), and Community Ambassador Award (Felicia Del Carmen, social media influencer “Fees Foodie Life”).
Feast at the Fox (September 6, 2024)
Our annual farm-to-fork dinner under the Bob Hope Theatre marquee this year served as a signature fundraiser for the Delta College Culinary Arts Program and the Child Abuse Prevention Council of San Joaquin County. The final funding amount was $7,995, and the event welcomed 208 guests—an increase in comparison to 2023’s 176 guests. The menu was curated by Chef Shane Tracewell from The Kitchen @ StoneBrier, whose entire staff was on hand to serve the attendees. Assisting in serving was members of the Child Abuse Prevention Council and Genova Bakery assisted in donating all their bread to the event.
Stockton Flavor Fest (May 17-19, 2024)
May 2024 marked the third year for our award-winning Stockton Flavor Fest at Weber Point Events Center in Downtown Stockton, where we celebrated the diverse food, music, and cultures of Stockton.
In collaboration with the City of Stockton (ARPA funding) and local partners, the festival aimed to instill pride and excitement in the community. Big thanks to the 442 volunteers who worked 1,580.25 hours to make the event a success and earn their respective non-profit organizations $20,743.25.
Continuing the event as a three-day festival provided more opportunities for community engagement and exposure for vendors, artists, and partners. Plus, we created one central location for all food vendors, making it easier for attendees to savor all the cuisine available.
Stockton Sports Commission Sport City Golf Tourney (October 18, 2024) The Sport City Golf Tourney hit its third year, providing a great way to celebrate sports in Stockton while bringing attention to acquiring more sporting excitement to our city. The tournament was held at The EXHIBIT 1
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Reserve at Spanos Park and featured on-course activations, an awards banquet, amazing raffle prizes, and so much fun. The event benefits the Stockton Sports Commission. With over $12,000 in sponsorships and over $3,300 in event activations our five major sponsorships included Elk Grove Buick GMC (Dinner & Post-Event Awards), Oak Valley Community Bank (Beverage Sponsor), Stockton Ports (Putt Putt Contest), Stockton Kings (Foursome Photo Sponsor). Other key supporters of this event include ASM Global, Pacific Men’s Golf, Port of Stockton, PPG Paints, Stockton Courtyard/Residence Inn., We Paint & Renovate Inc., and Verve IT.
Visit Stockton in the Community (Highlights from throughout 2024) The Visit Stockton team enjoyed many opportunities to be out and about supporting community events. A few events of note were the Friends of the Fox 20th Anniversary, Laz Parking Day, National Night Out, Parents By Choice Trunk or Treat, Team Volunteer Day at St. Mary’s Dining Hall, and Stockton Pride.
MARKETING CAMPAIGNS
At Visit Stockton, marketing campaigns serve as the cornerstone of our promotional efforts. Guided by data-driven decisions, these campaigns are strategically crafted around themes that are distinctly Stockton, aiming to attract visitors and inspire exploration of our vibrant city.
Awareness & Reputation Enhancement
In our public relations at Visit Stockton, a paramount focus is placed on narrating the Stockton Story, emphasizing the distinctiveness of our community’s people, places, and events. We understand the significance of our voice in disseminating positive news about the community, actively shaping the narrative for both locals and visitors. This commitment underscores our dedication to portraying Stockton in its true essence and fostering a positive perception.
This Is Stockton
Our bi-monthly series, “This Is Stockton,” showcasing our community’s people and events, has achieved considerable success—expanding our subscriber list and attracting new listeners each month.
• 2024 Podcast Stats
o New Episodes = 14 (total = 48)
o Subscribers = 245
o Apple Podcasts = 4.9/5 stars
o Spotify = 4.6/5 stars
This Is Stockton Video Series
The video counterpart continues to diversify our audience and raise broader awareness. Featuring our city through the perspectives of small business owners and leaders, the series encourages viewers to experience Stockton firsthand. The campaign contributes to our ongoing growth and outreach efforts.
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Best of California with Pat Pattinson
Stockton hosted Pat Pattinson in the summer of 2024 for his “Best of California” TV series. Stops along the way included the Haggin Museum, Pixie Woods, the Children’s Museum of Stockton, USS Lucid/Stockton Maritime Museum, Stockton Ballpark for a Stockton Ports Baseball Game, The Fruit Bowl, and Waterloo restaurant.
Digital Marketing
Within our digital marketing initiatives, the Visit Stockton team leverages data-driven strategies to establish measurable Return on Investments (ROIs). This approach grants us the flexibility, enabling us to adapt and refine our campaigns based on real-time metrics. By precisely targeting audiences and tailored messaging, our objective is to consistently deliver the right message to the right people, ultimately the most actionable and impactful results.
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Stockton Lantern Festival
The Stockton Lantern Festival returned for a second year. Visit Stockton, once again under contract with ASM Global, took charge of all marketing requirements for this year’s event, themed as “Koda’s Journey Through the Magic Ocean.”
Visit Stockton assumed creative leadership, handling logo creation, print advertisements, digital ads placement, commercials, and public relations for the event. The magical festivities commenced on November 22nd and concluded on January 19th.
SPORTS DEVELOPMENT
Organizing sporting events at the amateur, collegiate, and professional tiers plays a crucial role in stimulating overnight stays within our regions. Visit Stockton collaborates with sports planners nationwide to deliver top-tier competition and entertainment, enriching our local community.
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HOSTED EVENTS IN 2024:
• CIF Sac-Joaquin Section Wrestling (Feb. 16-17, 2024)
• Pacific Cup Men’s Water Polo Tournament (April 13-14, 2024) o $161, 913 Business Sales
o 119 Overnight Attendees
• NCAA DII Women’s Golf West Regional (Apr. 28-May 1, 2024) o 12 teams
o $6,976 Local Tax Collections
o $201,076 Business Sales
• OTB Amateur & Pro Weekends (May 10-19, 2024)
• Visit Stockton Pacific Invitational (title sponsor; October 16-18, 2024) Goodbye, Wes
After nearly 20 years of championing tourism and community in Stockton, Wes Rhea closed his chapter at Visit Stockton on September 30, 2024. From working at the Stockton Chamber of Commerce to re-launching the Stockton Convention and Visitors Bureau, Wes was an outspoken advocate of this city. His approach to marketing the city and creating spectacular events for visitors and providing outlets for our community to express their city pride was invaluable. Plus, as head of the San Joaquin Film Commission, he welcomed film productions large and small as they featured Stockton’s beauty in their works of art.
In September, the Visit Stockton team held a special going away party for Wes at the University Plaza Waterfront Hotel, inviting local partners and friends—past and present—to share in the celebration of Wes’ time in Stockton. We wished him nothing but the best as he leads a new team as President and CEO of Visit Lodi. We look forward to seeing what magic he creates in our neighboring small town.
CEO Search
With the departure of Wes Rhea as CEO, a search was on for the next talented and skilled individual to lead Visit Stockton. The Visit Stockton Board of Directors hired the executive search firm Winner Partners to conduct a national search for the best and the brightest in the tourism and hospitality realm. After a rigorous three month search process, native Stocktonian Robyn Camino was chosen as the next CEO of Visit Stockton. Aside from being a lifelong Stocktonian and having built numerous relationships throughout the city, Robyn has years of experience within the organization, having served as Marketing Director for over four years (2016-2020). During that time, she launched impactful campaigns like Stockton Arts Week and launched signature events like Stockton Brew Fest and Feast at the Fox.
“Stockton is more than just a city to me—it’s home. This is a pivotal time for our community, and I’m eager to lead Visit Stockton in amplifying our city’s story to a national audience. Together, we’ll continue to inspire pride among residents and spark enthusiasm in visitors.” – Visit Stockton CEO Robyn Camino.
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2025 Service Plan
TBID Renewal
The previous Stockton Tourism Business Improvement District (TBID) was established on January 1, 2016. With its expiration occurring on December 31, 2025, the Visit Stockton team went to work putting together a revised TBID proposal. With the assistance of Civitas Advisors the Visit Stockton team and Board of Directors finalized a plan and submitted it to the city. The Stockton City Council adopted the Resolution of Intent to Renew on October 1. The notice of the Intent to Renew was mailed to lodging businesses on October 4 and the notice regarding the public meeting and hearing was later mailed to lodging businesses on November 2.
On November 12, a public meeting was held where public testimony was received and on November 19 at a public hearing, the Stockton City Council took action, approving the renewal resolutions. The modified TBID plan went into effect January 1, 2025, with an expiration date of December 31, 2035.
The plan includes a 1% assessment increase to 5% with a 0.5% increase in year six to 5.5%. 2025 Budget Overview
The attached budget is in compliance with the percentage thresholds set forth in the Stockton Tourism Business Improvement District Management District Plan approved by City Council in November of 2024.
2025 Anticipated Revenue = $2,025,350
• TBID Assessment = $1,810,000
• Misc Revenue (Events, Contracts, etc.) = $115,350
• Fund balance from previous year = $100,000
The 2025 Budget includes a carryover of $100,000 from 2024 and also reflects a 5% contingency fund allotment of $90,500 (5% of $1.81M) as per the TBID Management District Plan.
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2025 GOALS AND OBJECTIVES
Objective 1:
Continuing to reclaim hotel leakage is vital for our area’s economic growth. Ongoing Hotel Awareness campaigns are key to boost visibility and attract visitors. Emphasizing our re-imagined Meeting & Incentives plan will further solidify our appeal, ensuring we retain hotel bookings and position ourselves as a competitive destination for various travelers.
Objective 2:
Evaluate the current structure and function of staff within the organization to increase efficiency and best position Visit Stockton to execute necessary strategies that serve our mission.
Objective 3:
Reengage the community by creating a new and improved Stockton Ambassador Program. Since the program’s end in 2021 the former Stockton Ambassadors have assisted as volunteers for Stockton Flavor Fest (SFF) (2022-2024). It is now time to create a new program focused on educating those who live and/or work in Stockton. The program will include education on the importance of tourism to our economy, what Visit Stockton can do to support hosted events/local business/non-profits, positive customer service skills, and why their involvement in our city matters.
Objective 4:
Offering non-profits and local businesses educational opportunities to improve their digital marketing skills. We will be launching an educational series with a goal to help organizations create more engaging content to serve their individual needs while also giving Visit Stockton more content with which to promote the city. Additional educational components will include the importance of tourism to our economy, what Visit Stockton can do to support hosted events/local business/non-profits, positive customer service skills, and why their involvement in our city matters.
CONFIRMED HOSTED EVENTS FOR 2025:
Pacific Cup Men’s Water Polo Tournament (April 12-13, 2025) The Pacific Cup returns for its second year, when the Pacific Men’s Water Polo team invites seven of the best programs in the nation for a prestigious spring tournament. Programs traveling to Stockton this year include Cal Berkeley, Cal Baptist, Pepperdine, San Jose State, Stanford, UCLA and the USA Junior National team. Visit Stockton will be at the event hosting the beer garden for all visitors and fans to enjoy.
PDGA President’s Cup and Champions Cup (April 25 – May 5) Stockton’s OTB Pro Tour stop will take a hiatus as the Pacific Disc Golf Association (PDGA) has awarded the hosting of its President’s Cup (first time ever being held in the US) and Champions Cup to Stockton and Swenson Park.
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CSC Live 25 – CodeStack; San Joaquin Office of Education (October 1-3, 2025) CodeStack, a technology department of the San Joaquin County Office of Education will be hosting its annual conference at Adventist Health Arena.
Visit Stockton Pacific Men’s Golf Invitational (October 9-11, 2025) Visit Stockton will return as the Tigers’ title sponsor for this annual event. The men’s golf team traditionally averages a 16-team field for this annual tournament. This year’s tournament will be held on the Tigers’ home course – The Reserve at Spanos Park.
CA FWD Economic Summit (October 21-23, 2025)
CA FWD has selected Stockton and the Adventist Health Arena as hosts of its 2025 Economic Summit. This event enters its 15th year and will include a programing that will highlight our City and Region.
UPCOMING VISIT STOCKTON EVENTS:
Visit Stockton State of Travel (May 2025)
Feast at the Fox (September 19, 2025)
Sport City Golf Tourney (October 2025)
MEET THE TEAM
ADMINISTRATION & OPERATIONS
Robyn Camino, Chief Executive Officer
Christa Griffith, Office Manager
SPORTS & TOURISM DEVELOPMENT
Rebecca Scharmann, Director of Sports & Tourism Development
MARKETING & COMMUNICATIONS
Diana Nuño, Events & Community Engagement Manager
Anthony Esteves, Content Manager
Nico Belasco, Social Media Manager
BOARD OF DIRECTORS
George Kaplanis, President - Omega Hospitality
Wes Yourth, Vice President - University of the Pacific
Susan Obert, Treasurer - Haggin Museum
Alex Munro - Hilton Stockton
Rhona Miles - University Plaza Waterfront Hotel
Isadora Harness - Marriott Properties
Jai Patel - Red Roof Inn
Michael Blower - Council Appointee, Councilmember District 3, City of Stockton EXHIBIT 1
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WHO WE ARE
Visit Stockton is the official destination marketing organization for Stockton, California and as such, is charged with the promotion and marketing of the City of Stockton as a leisure travel, sports, events, and meetings destination. Founded in 1979 as a 501(c)6, non-profit corporation, Visit Stockton is dedicated to positively impacting the local economy through its programming and elevating civic pride while highlighting the Stockton community as a positive place to work, live, and visit. Visit Stockton is funded in partnership with local hotel properties through the Stockton Tourism Business Improvement District.
Mission Statement
Visit Stockton is dedicated to enhancing the region’s Quality of Life by collaboratively leading the promotion of our richly diverse community and advocating for initiatives that will enhance the city’s Quality of Place.
Vision Statement
Stockton is widely respected as a diverse and welcoming community, providing unique and authentic experiences and opportunities for all.
Our Organizational Values
ACCOUNTABILITY • HAVE FUN • EXCELLENT SERVICE • GIVING BACK • LEARN AND IMPROVE EXHIBIT 1
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Total
INCOME
TBID Assessment 1,810,000.00
Events/Contracts/Misc. Income 115,350.00
Fund Balance from Previous Year 100,000.00
Total Revenue $ 2,025,350.00
EXPENSES
ADMINISTRATION & OPERATIONS
Administration & Operations, Office Expenses, Salaries, Taxes & Benefits $ 299,430.00
SALES & MARKETING
Marketing/Promotions, Website, Research/Data, Public
Relations, Professional Development, Printing, Hospitality 676,900.00 Sports/Event Sponsorships, Trade Show Expenses 92,470.00 Events/Contracts 123,500.00
Salaries, Taxes & Benefits - Sales/Marketing $ 742,550.00 Total Sales & Marketing $ 1,635,420.00
Total Expenses $ 1,934,850.00
Net Operating Income $ 90,500.00
TBID Contingency & Renewal - 5% $ 90,500.00
Total Other Expenses $ 90,500.00
Net Other Income $ (90,500.00)
Net Revenue 0.00
Visit Stockton
Budget Overview
January - December 2025
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City of Stockton
Legislation Text
File #: 25-0266, Version: 1
ADOPT A RESOLUTION TO DE-OBLIGATE HOME ENTITLEMENT FUNDS FROM THE LA PASSEGGIATA APARTMENTS PROJECT AND ALLOCATE $2.1 MILLION DOLLARS FROM THE
LOW-MODERATE-INCOME HOUSING FUND BALANCE TO THE PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the de-obligation of $600,000 awarded by Council on June 22, 2021 (Attachment AResolution 2021-06-22-1502), of HOME Investment Partnerships Program Entitlement funds from the La Passeggiata Apartments project;
2. Approving the allocation of $2,100,000 of Low-Moderate-Income Housing (LMIHF) funds from the LMIHF fund balance to the La Passeggiata Apartments project;
3. Authorizing the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of the resolution, including the execution of loan documents and the reallocation of funding sources.
Summary
Staff recommends de-obligating HOME Investment Partnerships Program (HOME) Entitlement funds previously committed to La Passeggiata due to the project’s inability to meet federal environmental requirements. The La Passeggiata project is due to break ground for construction by May 23, 2025 (a required deadline for other project funding). Prior to recognizing the project’s inability to meet federal funding guidelines, Visionary Home Builders (VHB) of California, the developer, expressed to the City a need for $1.5 million in additional funding to help bridge an inflation-based funding gap. Given that La Passeggiata is weeks away from construction commencement on much needed affordable housing, staff has identified alternative low/moderate income housing funding that has less requirements in the form of Low-Moderate-Income Housing Fund (LMIHF) funding to replace the already allocated $600,000 in federal HOME funding and the additional gap funding that the project requires. The de-obligation of the $600,000 of HOME Entitlement funding will allow that funding to be re-allocated to another eligible project, yet to be determined. Staff will review the last NOFA participants and come back with a recommended use for Council review and approval at a future date.
DISCUSSION
Background
The City Council allocated $600,000 to the La Passeggiata project on June 22, 2021 following a City of Stockton Page 1 of 3 Printed on 4/23/2025
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File #: 25-0266, Version: 1
competitive Notice of Funds Available (NOFA) process, released in December 2020.
Annually, the City of Stockton receives HOME Investment Partnerships Entitlement (HOME) allocations from the U.S. Department of Housing and Urban Development (HUD). The objectives of the HOME Program are to provide decent, affordable housing to lower-income households, and strengthen the ability of local government and nonprofit organizations to meet local housing needs.
The site of the La Passeggiata build required remediation of an old storm drain. The site is owned by the State of California (State), and VHB will hold a long-term lease for the site. VHB worked with the State to craft a remediation plan for the replacement of the storm drain. The State environmental process did not require completion of the National Environmental Policy Act (NEPA) review process prior to any land modification/disturbance. However, use of federal funding on the project does require NEPA review to be completed before disturbance occurs on the site. Since the NEPA process was not completed prior to the site undergoing remediation, the City cannot allocate federal HOME entitlement funds to the project. HUD does have a waiver for such a process infraction, but due to the immediate need to begin construction, there is not enough time to engage and complete the waiver process. The funding for La Passeggiata includes Low-Income Housing Tax Credit Equity which requires that the project be under construction no later than May 23, 2025.
La Passeggiata will consist of 94 modular, energy-efficient units with Green Point Rating Certification, through a master lease with the State of California. The multifamily housing development will be dedicated to housing families, individuals, and seniors with income levels ranging from 30 to 50 percent of the area’s medium income (AMI). The five (5) story building; four (4) stories over podium consists of two buildings. The development will house one, two, and threebedroom apartment homes ranging from 450 to 1,200 square feet. A two-bedroom housing unit will be designed for the onsite Community Manager. All ground-floor units will be ADA-accessible, and upper-story units will be serviced by an elevator. The units will have a full kitchen with pantry cabinets, inside-unit laundry rooms with full-size washers and dryers included, and separate dining and family rooms.
The project will have a 7,353 square foot Community Center with a Computer Lab and separate space for the local El Concilio Childcare Services. The Community Center is a gathering place for the residents to attend meetings, adult education classes, and join in on the residents’ events, and help build camaraderie among tenants. Additionally, VHB will hold various classes and workshops on Homebuyer Education, Financial Literacy, and Supportive Services.
Present Situation
The purpose of this Staff Report is to obtain approval to de-obligate $600,000 previously allocated HOME entitlement funds and instead allocate $2.1 million in LMIHF funding to the La Passeggiata project. The need for affordable housing remains a critical priority within the City of Stockton, and as such, supporting this project that will add an additional 94 units to the City’s housing supply is prudent.
La Passeggiata has received the final approval and issuance for building permits and is scheduled to commence construction in May 2025. The project is expected to be complete and available for occupancy by July 2027.
City of Stockton Page 2 of 3 Printed on 4/23/2025
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File #: 25-0266, Version: 1
FINANCIAL SUMMARY
The proposed resolution will have no financial impact on the General Fund or any other unrestricted fund. The City will incur no financial liability by de-obligating $600,000 of the HOME Entitlement funds from the project and instead allocating $2.1 million in LMIHF funding to the La Passeggiata project. A total of $2.1 million will be allocated from the LMIHF fund balance (fund 290, sub-fund 293). There are sufficient funds to support this action.
Attachment A - Resolution 2021-06-22-1502
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ATTACHMENT A
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ATTACHMENT A
194
2021 AFFORDABLE HOUSING LOAN PROGRAM ALLOCATION EXHIBIT 1 Project #
of Units
Development
Cost Est.
Cost Per
Unit
Prior City
Funds
Allocated
Funds
Requested
Recommended
City
Funding
Source
Town Center Studios
(Rehabilitation)
40 $6,817,130 $170,428 $129,205 $2,098,830 $700,000 CDBG Sierra Vista Apartments
Phase III (Preservation)
74 $36,341,858 $491,106 $2.6 Million $2,528,958 $793,286 PLHA Sonora Square
(New Construction)
37 $14,618,371 $395,091 $0.00 $2.500,000 $456,714 CDBG
Liberty Square
(New Construction)
31 $13,863,651 $447,215 $2.8 Million $600,000 $600,000 HOME/ CHDO
Shared Permanent
Housing for Homeless
(New Construction)
30 $6,295,338 $209,845 $0.00 $3,595,338 $1 Million HOME Grand View Village
(New Construction)
75 $42,360,235 $564,803 $2.6 Million $2,770,000 $906,714 $973,370
$119,916
PLHA
LMIHF
NSP
The Hunter House
(New Construction)
120 $58,456,580 $487,138 $540,000 $2,000,000 $1,020,605 $179,395
HOME
NSP
La Passeggiata
(New Construction)
94 $42,463,340 $451,738 $0.00 $2,996,720 $600,000 HOME
Fontana Towers
(New Construction)
105 $52,740,097 $502,287 $0.00 $2,500,000 $1,040,541 CDBG 606 $21,589,846 $8,390,541
ATTACHMENT A
195
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION DE-OBLIGATING HOME ENTITLED FUNDS FROM THE LA PASSEGGIATA APARTMENTS PROJECT AND ALLOCATING $2.1 MILLION IN
LOW-MODERATE-INCOME HOUSING FUND BALANCE TO THE PROJECT Annually, the City of Stockton receives HOME Investment Partnership Entitlement (HOME) allocations from the U.S. Department of Housing and Urban Development (HUD). The objectives of the HOME Program are to provide decent, affordable housing to lower-income households, and strengthen the ability of local government and nonprofit organizations to meet local housing needs; and
The City Council allocated $600,000 to the La Passeggiata project on June 22, 2021, following a competitive Notice of Funds Available (NOFA) process, released in December 2020; and
It is necessary to de-obligate HOME Investment Partnerships Program (HOME) Entitlement funds previously committed to La Passeggiata due to the project’s inability to meet environmental requirements of the federal entitlement funds; and La Passeggiata will consist of 94 modular, energy-efficient units with Green Point Rating Certification, through a master lease with the State of California. The multifamily development will be dedicated to housing families, individuals, and seniors with income levels ranging from 30 to 50 percent of the area’s medium income (AMI); and La Passeggiata has received the final approval and issuance for building permits and is scheduled to commence construction in May 2025; and The need for affordable housing remains a critical priority within the City of Stockton and supporting this project will add an additional 94 units to the City’s housing supply. As such, alternate funding has been identified; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approving the de-obligation of $600,000 awarded by Council on June 22, 2021 of HOME Investment Partnerships Program Entitlement funds from the La Passeggiata Apartments project.
2. Approving the allocation of $2,100,000 from the Low-Moderate-Income Housing Fund (LMIHF) balance to the La Passeggiata Apartments project. //
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3. Authorizing the City Manager, or designee, to take actions that are necessary and appropriate to carry out the purpose and intent of the Resolution, including the execution of loan documents and the reallocation of funding sources.
PASSED, APPROVED, and ADOPTED April 29, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
197
City of Stockton
Legislation Text
File #: 25-0428, Version: 1
AUTHORIZE AN AGREEMENT WITH AMERINAT FOR LOAN PORTFOLIO MANAGEMENT
SERVICES FOR THE CITY OF STOCKTON
RECOMMENDATION
It is recommended that the City Council by motion:
1. Approve an agreement with AmeriNat for loan portfolio management services, including loan servicing, compliance monitoring, and reporting, to ensure efficient management of the City’s loan programs, for a period of three years, with options to extend for up to an additional two years, with a not-to-exceed amount of $350,000.00; and
2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the motion.
Summary
The City of Stockton manages a portfolio of loans funded through federal, state, and former redevelopment programs, aimed at housing, economic development, and community assistance.
Since 2000, loan servicing has been outsourced to AmeriNat due to the complexity of administration and compliance requirements. With the current contract expiring March 18, 2025, staff issued a Request for Proposals (RFP) to seek a qualified service provider. AmeriNat was the sole respondent, and its proposal met all City requirements.
Staff recommends entering into a new agreement with AmeriNat (Attachment A - Standard Agreement) to continue loan portfolio management services, ensuring compliance, efficiency, and cost-effectiveness. The agreement will be funded through Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Low- Mod-Income Housing Fund (LMIHF) administration funds and is estimated to cost $70,000 per year, with fees subject to annual increases beginning July 1, 2026, based on the change in the national consumer price index, no less than 3%.
DISCUSSION
Background
The City administers a diverse loan portfolio, including housing rehabilitation, homebuyer assistance, multi-family rehabilitation and construction, micro-business, and special project loans. These loans are funded through Federal Community Development Block Grant (CDBG) and HOME Investment Partnership programs, state programs such as CalHome, and previously, with Redevelopments funds.
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File #: 25-0428, Version: 1
As of February 28, 2025, the City’s loan portfolio consisted of 318 loans with an outstanding balance of $119,403,028. Due to increasing loan volume, compliance requirements, and staff limitations, loan servicing was outsourced to AmeriNat in 2000. AmeriNat has since provided these services efficiently under a contract structure based on a fixed fee schedule.
Present Situation
On January 23, 2025, the City issued a Request for Proposals (RFP) (procurement posting PUR 25- 019) to seek a qualified service provider. AmeriNat was the only firm that submitted a proposal in response to the RFP.
AmeriNat has a 40+ year history of providing loan services for government agencies. Based on their experience, the proposed agreement with AmeriNat will include, but is not limited to, the following services:
· Loan payment processing
· Account management and tracking
· Compliance monitoring and reporting
· Customer service support for borrowers
· Delinquency management and collection assistance
The proposed Fee Schedule for the cost of these services is included as Exhibit E in the attached Agreement.
FINANCIAL SUMMARY
The proposed action will have no financial impact on the General Fund or any other unrestricted fund.
Sufficient funds are available in the CDBG, HOME and LMIHF Administration accounts to pay for services. Funds will be budgeted into these accounts annually to pay for services provided through this Agreement, not to exceed $350,000.00 for the entire term and extension period.
Attachment A - Standard Agreement
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ATTACHMENT A
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1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
(SCOPE OF SERVICES)
1. Objectives and Scope. AmeriNat’s services will include, but are not limited to, the list below. See Attachment A-1 for AmeriNat’s Method of Approach.
Loan Servicing Functions:
• Collection of scheduled loan repayments
• Follow-up on delinquent accounts
• Provide loan account information, amortization schedules, payoff quotations, and reconveyances
• Payment of homeowner’s insurance premiums and property taxes for impounded accounts
• Provide annual reminder notifications to borrowers with deferred loans • Review and monitor annual financial statements and basis for residual receipt payments submitted for multi-family loans
• Provide year-end account information to each borrower • Furnish IRS 1098 (interest paid) to borrowers and to the Internal Revenue Service
• Provide month-end and year-end reports to the City of Stockton • Provide City and borrowers access to electronic (online) loan information • Provide a secure location for maintaining loan information Forbearance, Foreclosure, and Bankruptcy Services:
• Conduct forbearance evaluations
• Monitor foreclosures by senior lenders and notify City • Evaluate and make recommendations on loans for foreclosure • Monitor and notify City of bankruptcies by borrowers
Client and Borrower Services:
• Provide customer service and access to electronic loan information for both City and borrowers
• Serve as account representatives for loan information for both City and borrowers
• Provide secure location for all loan documents and borrower information
ATTACHMENT A
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2 (Rev. 10.30.18)
2. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: City:
AmeriNat City of Stockton
217 South Newton Avenue Economic Development Department Albert Lea, MN 56007 400 E. Main Street, 4th Floor
Attn: Marketing & Contracts Manager Stockton, CA 95202
3. Option to Renew.
The term of the Agreement may be extended up to 2 one-year extensions by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed 5 years.
ATTACHMENT A
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18 Method of Approach
AmeriNat has a complete understanding of the City’s requirements and will provide the services that will meet in entirety the services described in Section 2 – Scope of Services of the City’s RFP within applicable state and federal regulations. As the City’s current servicer, there will be no transfer process necessary.
We are familiar with your staff and your systems and needs, and you will not need to wait for us to get up to speed. We would be pleased to continue servicing responsibility for the City’s existing and future loans.
Loan Servicing for Amortized and Deferred Loans
1. Loan Boarding:
a. Flow Loans: The City is responsible for completing an electronic loan setup form, available on AmeriNat’s portal, for flow loans being transferred to AmeriNat for servicing. When fully complete, the City uploads the form to the AmeriNat portal.
2. Introductory Package: Upon boarding of a new loan, AmeriNat will send a welcome package to the borrower. This welcome package contains a Notice of Servicing Transfer, Fair Debt Notice, FACT Act Notice, and a variety of options to submit payments.
3. Collection and Remittance of Payments: AmeriNat will collect payments from the borrowers through monthly or other scheduled remittances of principal, interest, fees, escrow balances and other identified payments. Payments can be made via check to a secure lockbox, multiple payment options online, reoccurring ACH, and through “check-by-phone”1
, and via the AmeriNat app. These
remittances will be posted to the loan and ancillary records in accordance with the loan documents and the City’s written instructions. Payments will be posted the same day as receipt. Funds will be maintained in an FDIC insured banking institution in a custodial account for the benefit of the City and the borrowers as applicable. AmeriNat balances cash received and transmitted and loan portfolio totals on a daily and monthly basis. Remittances will be forwarded to the City monthly net of fees and other authorized charges due to AmeriNat.
4. Payment of Property Taxes: At the City’s request, AmeriNat will order a tax service contract and monitor the timely payment of property taxes.
5. Insurance Monitoring: AmeriNat will notify the insurance agent in writing that AmeriNat is monitoring premium payments and is to be made aware of delinquencies, non-renewals or cancellations.
AmeriNat will force place insurance in accordance with respective regulation (see Lender Placed Insurance section).
6. Escrow/Impound Account: If the City chooses, AmeriNat will establish a borrower escrow/impound account for the payment of taxes and insurance. AmeriNat will collect the monthly escrow payment from the borrower and make the tax and insurance payments on the borrower’s behalf. The borrower 1 Additional fees apply.
ATTACHMENT A-1
ATTACHMENT A
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19 escrow accounts will be analyzed annually in accordance with the Real Estate Settlement Procedures Act (RESPA).
Please note: For single-family loans, unless respective state law requires otherwise, AmeriNat’s escrow analysis utilizes a 2-month cushion in accordance with RESPA. This cushion is an industry standard and is intended to minimize the likelihood of escrow shortages / deficits when and if escrow disbursement items increase. If this cushion is not consistent with the City’s current escrow analysis process, borrowers’ escrow analysis may result in a shortage and/or escrow payment increase at the time of AmeriNat’s first analysis. This may impact borrowers’ ability to make increased monthly payments to escrow. Should the City request alternative handling of loan accounts with escrow payment increases, this may result in the City incurring extraordinary services charges.
If the City chooses to establish an escrow/impound account, AmeriNat will track and reconcile advances made by AmeriNat on borrower accounts with escrow deficits as a result of payments made on the borrower’s behalf in excess of their escrow balance. The escrow deficit account will be reconciled monthly, compared to advances made by AmeriNat and escrow payments collected from the borrowers. The net change will be included or deducted from the City’s monthly remittance; a net shortage/negative will be deducted and a net overage/positive will be remitted. Advances made by AmeriNat that are not reimbursed by the City the following month will be subject to an interest charge of 1% per month compounded until such time said reimbursement occurs. Regardless of whether or not the net shortage/negative is deducted from remittance at the end of the month, the City remains responsible for escrow advances made by AmeriNat.
At portfolio transfer AmeriNat will require a cash deposit equal to the total amount of positive escrow balances. Negative escrow balances will be set up, but the total amount of negative escrow balances will not be netted out of the positive cash escrow balances. Should recurring advances become necessary, AmeriNat reserves the right to request the City to deposit an amount into reserve in the Client Escrow Deficit account to cover the anticipated necessary advances.
7. Late Fees: In keeping with the provisions of the City’s promissory note, AmeriNat will assess and retain a late fee when payment is not made within the grace period.
Residual Receipt Loan Servicing
Upon receipt of the Borrower’s annual financial statement, provided by the City, AmeriNat will perform the following tasks:
1. Review financial statements for reasonableness.
2. Review Promissory Note and/or Loan Agreement to determine method in which calculation of residual receipt is to be done.
3. Calculate if the borrower has the present capacity to repay the City loan and if so, the payment amount.
ATTACHMENT A
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20 4. Prepare and forward a Residual Receipt Analysis Report to the City, recommending:
a. Continued deferral, or
b. Amount of residual receipt payment required
5. If deferral is approved by the City, no further work is required.
6. If residual amount is approved by the City, AmeriNat will notify the borrower by issuing a billing statement of the payment amount required.
7. AmeriNat will perform necessary follow-up for payment of all residual receipt invoices billed, including collection activity.
8. AmeriNat will provide the City with a Delinquent Aging Report on a monthly basis.
9. Residual receipt payments received will be applied to the Borrower’s loan in accordance with the terms of the Promissory Note and/or Loan Agreement.
Loan Reconstruction
If requested by the City, AmeriNat will prepare a loan reconstruction to determine posting accuracy and compliance with promissory notes, truth in lending statements, and other applicable related loan documents. This involves a detailed review of loan terms and reconstructing the posting of payments in accordance with the terms.
Lender Placed Insurance
In accordance with respective regulations, with regards to coverage related to a single family loan upon notification of a policy cancellation from the borrower’s insurance carrier, or when proof of a current policy is not received, AmeriNat will request lender-placed insurance from AmeriNat’s insurance provider.
AmeriNat executes the force-placement of insurance on a portfolio wide level, meaning it is done for all loans in the portfolio for which insurance has lapsed. If the City wishes to select loans for the force placement of insurance on an “as requested” basis, it will be the City’s responsibility to verify the placement has been completed by AmeriNat. This quality control step aids in ensuring that the City’s instructions were received by AmeriNat, usually via email. The City can review the coverage through monthly reports from AmeriNat indicating insurance status. For Multifamily loans, upon receipt of underwriting due diligence, the completion of underwriting necessary to bind coverage and the client’s approval of the premiums coverage will be bound.
1. Coverage is bound upon receipt of request with an effective date up to 90 days prior to receipt of the request.
ATTACHMENT A
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21 2. AmeriNat’s insurance provider or their carrier will send out three letters to the borrower over the course of forty-five days. If the borrower provides proof of coverage, lender-placed coverage will be cancelled.
3. If the effective date of this coverage is the same and there is no lapse in coverage, there will be no premium charged. If there is a lapse in coverage, there may be a fee charged to the borrower’s account for an earned premium. For Multifamily coverage payment will be required for the term outstanding.
4. If the borrower does not provide proof of coverage, AmeriNat’s insurance provider will send an insurance policy and notification of premium to the borrower and bill AmeriNat for a one-year policy.
If the borrower does not have an established impound account; AmeriNat will create one and disburse the premium from it. If the borrower fails to pay the premium before the end of the month, and the disbursed premium results in an escrow deficit balance, the balance will be accounted for in that month’s reconciliation of the Client Escrow Deficit Account. If the aggregate portfolio remittance for the month is insufficient to cover the deficit amount, the City will be billed and responsible for the cost until recouped from the borrower. Pay-off quotations or demands will reflect impound deficit amounts (caused by the cost of forced-place insurance or other advances) so that the borrower will still be held responsible for the cost even if they are unresponsive.
The Portfolio Status Report, delivered monthly to the City, will also reflect such negative impound balances (i.e. the total amount of such premiums owed by borrower).
5. The one-year policy is cancelable by either AmeriNat or the City.
Additional Portfolio Management Services
1. Loan Payoff Quotations, Satisfactions, Reconveyances: AmeriNat will provide Loan Payoff Quotations and will perform Satisfactions and Reconveyances of Mortgage at the borrower’s expense at the City’s request.
2. Loan Amortization Schedules: AmeriNat will provide Loan Amortization Schedules upon request.
3. Tax Forms: Pursuant to IRS regulations and, on behalf of the City, AmeriNat will submit required tax forms for borrowers paying interest on City loans.
4. Year-End Account Summary: If required by regulation, AmeriNat will supply a year-end account summary statement to a borrower if there has been principal, interest or escrow activity on their account. The report will indicate principal and interest paid, amount of payments AmeriNat made on the borrower’s behalf for taxes and insurance, and remaining escrow balance.
5. Tickler Notifications: AmeriNat will provide for an annual tickler notification at the City’s request.
6. Loan Confirmation Audits: AmeriNat will complete loan confirmation audit requests when requested by the City, Borrower, or auditors of either. Information requested generally includes unpaid principal
ATTACHMENT A
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22 balance, interest rate, date to which interest has been paid, terms of payment of principal, current escrow deposit amounts, and escrow amounts paid during a specified period.
Collections and Loss Mitigation
Collection efforts are conducted in accordance with the City’s requirements, pertinent regulations, GSE/insurer requirements and industry standard practice. These activities include the following steps:
1. Delinquency/Default Letter Production: Letters of varying tone and composition will be sent at 15, 30, 45, and 90 days past the payment due date. The 45‐day letter will include the Consumer Financial Protection Bureau (CFPB) mandated notification informing the borrower of the available loss mitigation options. The 90‐day letter will detail for the borrower possible escalated collection activity up to and including foreclosure. The letters emphasize the seriousness of the situation, the potential for loss of the borrower’s property, and demand immediate payment. Borrowers are also encouraged to apply for federal or state relief programs that may be available.
2. Due Diligence Phone Calls: Attempts are made in accordance with HUD guidelines for contacting the borrower as soon as the loan becomes delinquent. Telephone calls will be placed on a regular basis as loans remain under active delinquency follow up. Calls to single family mortgage borrowers are made in accordance with CFPB guidance and best practices. Live contact is attempted with the borrower beginning not later than the 17th day of delinquency, under a good faith goal of establishing contact with the borrower by the 36th day of delinquency. One or more subsequent attempts to contact the borrower will generally be made every 30 days thereafter. The objective of the call is to secure or demand prompt payment, obtain information regarding the reason for the delinquency, and to structure a commitment for future payments.
3. Credit Reporting: AmeriNat will report borrower payment activity and status codes to the credit bureaus monthly.
4. Confirmation Letters: Contact with borrowers is used to solicit commitments to repay past due amounts. Borrowers are provided an opportunity to bring the loan current immediately, and within six months. Once a commitment is gained, AmeriNat will forward a confirmation letter to document both the call and the commitment. The revised payment plan of no greater than six month’s duration is then implemented. Default under this plan may lead AmeriNat to recommend foreclosure.
5. Additional loss mitigation activities such as skip tracing and door knock services are available upon request. The scope and fees associated with these services will be determined and agreed upon by both the City and AmeriNat.
Single Family Forbearance Plans:
Formal forbearance plans are typically used for defaults of 90+ days. A forbearance plan of less than six months duration is executed by the borrower and immediately implemented by AmeriNat, with notice immediately provided to the City. Formal modifications to promissory note terms and forbearance plans
ATTACHMENT A
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23 of greater than six months duration are subject to the City pre-approved parameters. Forbearance recommendations outside of the pre-approved parameters require individual City approval if they are to move forward. Approval timeframes are subject to regulatory guidance, and therefore if the City does not respond to requests for approval within the agreed-upon timeframes, AmeriNat will deny the application or request.
Once approved, AmeriNat will implement the new payment schedule. Should a borrower default from the new payment schedule without cause, AmeriNat will recommend foreclosure.
Forbearance Evaluation Process: A hardship is defined as a situation or set of events or circumstances beyond the normal control of the borrower that prohibits the borrower from adhering to a planned repayment schedule. If a borrower states, either verbally or in writing, that a hardship situation exists, AmeriNat will document the circumstances and provide the following:
i. Letter from borrower requesting the City’s consideration of hardship ii. Nature of the hardship
iii. Expected duration of the hardship
iv. Evidence to substantiate hardship
v. Forbearance Plan Proposal
Forbearance Plans are executed by AmeriNat in accordance with the pre-approved guidelines established with the City. Forbearance plan recommendations outside of the approved parameters require individual approval by the City. Approval timeframes are subject to regulatory guidance, and therefore if the City does not respond to requests for approval within the agreed-upon timeframes, AmeriNat will deny the application or request. Once the agreement is executed with the borrower, AmeriNat will resume loan servicing under the new payment plan. The file will be tickled for follow-up at the expiration of the temporary plan.
Single Family Loan Modification Analysis:
1. Preliminary Screening: When contact with the borrower indicates a short-term forbearance agreement will not be enough to bring the account current, and initial assessment of the Borrower’s circumstances indicate the Borrower may possibly be eligible for an available loss mitigation option, the borrower will be encouraged to submit a loss mitigation application.
2. Application: Upon receipt of a loss mitigation application, AmeriNat will review the application to determine supporting materials are present and that the forms are complete. Support materials may include but are not limited to, paycheck stubs, W-2’s, Federal Tax Returns, bank statements, mortgage statements, property tax bills and insurance policies. Once the application is reviewed and found to be complete, a credit report and escrow analysis are ordered, as applicable, and the application is submitted to underwriting
3. Analysis and Recommendation: Underwriting of the application is performed using the City’s eligibility criteria. This analysis will reflect information such as ability to repay or affordability (debt-to-income ratio), status of 1st mortgage, and occupancy. Based on the aforementioned, the recommendation will
ATTACHMENT A
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24 convey whether it is reasonable to proceed with the modification and what type of modification will best suit the needs of the borrower and the City. If the recommended modification falls outside of AmeriNat’s delegated authority under approved parameters, the recommendation along with the supporting documentation will be sent to the City for approval. Approval timeframes are subject to regulatory guidance, and therefore if the City does not respond to requests for approval within the agreed-upon timeframes, AmeriNat will deny the application or request.
4. Approval: Once a loan modification has been approved, AmeriNat shall prepare and forward the required documents to the borrower for signature and recording, unless the City retains these functions. If the City retains approval authority, the City agrees to return the decisioned application within 5 business days of receipt. If no response has been received in 5 days, the modification will be denied.
After the documents have been executed, originals will be retained by the City and copies will be promptly sent to AmeriNat along with funds required for escrow, legal fees, etc. After receipt of executed modification documents and required funds, AmeriNat will make the appropriate modifications to the loan, send the borrower new payment coupons or billing statements, and electronically notate the account. Respective modification documentation will be retained in the electronic loan file.
Single Family Loan Foreclosure
The mortgage transaction and collections efforts are predicated on the assumption that the borrower is motivated and able to meet the mortgage obligation. A decision to foreclose is based on an analysis of an individual loan. AmeriNat will look at the borrower with particular emphasis on basic motivation, ability to pay; and attitude or level of cooperation. If a borrower remains delinquent and has been uncooperative, non-responsive, or unwilling to cure the existing default by reasonable means, AmeriNat will recommend foreclosure.
This step is generally not taken until a loan becomes over 120 days delinquent. Upon the City’s approval, and in accordance with respective local, state and federal statutes, AmeriNat will send the borrower a notice of intent to foreclose/demand letter, with a copy to the City. If no response is received within 30 days, AmeriNat will advise the City of the non-response and will proceed to foreclosure. AmeriNat will properly document the steps taken to affect a cure.
If the loan is not reinstated or paid off, AmeriNat will continue foreclosure up to and including the sale of the property. If the City desires AmeriNat to perform property management, a third-party property management vendor will be engaged. AmeriNat can identify, track and pay bills related to property preservation, the costs of which remain the responsibility of the City. Upon sale of the property, AmeriNat will return the proceeds of the sale to the City less foreclosure fees and previously un-reimbursed costs incurred.
In the event the borrower reinstates the loan, AmeriNat will remit to the City payments received from the borrower. For those loans that are reinstated by the borrower, AmeriNat will resume normal servicing functions.
ATTACHMENT A
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25 Single Family Bankruptcy Administration Services
1. Chapter 7 Bankruptcy:
a. Upon receipt of notification from a court of law, debtor (borrower), or the City, of a Chapter 7 bankruptcy for a debtor serviced by AmeriNat, AmeriNat will modify the account in preparation for monitoring of payments. Additionally, a Reaffirmation Agreement will be generated and forwarded to the borrower’s attorney (debtor’s counsel) for signature, and to the appropriate court upon receipt of the executed document. This fully enforceable agreement, if executed, will retain the lien as secured and will keep the lien from being discharged as part of the Chapter 7 discharge. If the borrower has no legal counsel and has filed their bankruptcy petition "pro se", (on their own behalf) or with the assistance of a licensed paralegal, AmeriNat can communicate directly with the borrower.
b. Upon default of borrower’s remittance of payments during the bankruptcy, AmeriNat will notify the borrower’s (debtor’s) counsel and Chapter 7 Trustee advising of the default, but if filed pro se, then the debtor would be notified directly.
c. Should the Chapter 7 Trustee determine that assets are available for distribution to creditors, AmeriNat will file a Proof of Claim on behalf of the City.
2. Chapter 13 Bankruptcy:
a. Upon receipt of notification from a court of law, debtor (borrower), or the City, of a Chapter 13 bankruptcy for a debtor serviced by AmeriNat, AmeriNat will notify the City of its intention to file a Proof of Claim as well as supporting bankruptcy documentation and will file with the appropriate court. Upon receipt of a returned filed Proof of Claim from the court, AmeriNat will forward a copy of same to the City and will begin monitoring post and pre-petition payments to borrower’s loan account.
b. Upon default of borrower in the remittance of post-petition payments, AmeriNat will notify the borrower’s (debtor’s) counsel of the default, instructing that further default will result in the filing of a Motion for Relief. If the borrower has no legal counsel and has filed their bankruptcy petition "pro se", (on their own behalf) or with the assistance of a licensed paralegal, AmeriNat can communicate directly with the borrower. In addition, notification of the default will be forwarded to the Trustee’s office. Should there be a continued default in post-petition payments, and at the instruction of the City, AmeriNat will file the Motion for Relief. Once authorized by the court, and as directed by the City, AmeriNat may then begin foreclosure proceedings.
Single Family Subordination Processing
1. Subordination Request Package: Upon a borrower’s request for a subordination, AmeriNat will send a Subordination Request Package to the borrower or designee (lender or title). The City may require the borrower to pay the cost of the subordination processing at application or the City may pay the cost upon billing from AmeriNat.
ATTACHMENT A
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26 2. Review Process: The purpose of the subordination review process is to determine that the new senior loan on the borrower’s property will be made in conformance with the City’s subordination policy and that the City’s title position and security for its note is properly treated. Also, a review of income of the borrower may be performed if there are ongoing restrictions on income levels for the program participant. Documentation typically required for the review may include the following:
a. Letter from borrower with reasons for requesting subordination b. FNMA 1003 application, or other applicable application, for new senior loan c. Lender’s approval of new senior loan
d. Title report
e. Appraisal
f. Closing instructions and estimated closing statement g. Credit report (if required)
h. Tax return or other income documentation (if required) i. Completed Subordination Agreement ready for signature j. Request for Notice document on new senior loan(s)
3. Document Preparation: AmeriNat prepares subordination documents, or can review documents prepared by the new senior lender. These documents generally include:
a. Subordination Agreement
b. Request for Notice document on new senior loan(s)
c. Closing instructions
4. Recommendation: At the completion of the review, a report is forwarded to the City with a recommendation to either approve the request and to execute the Agreement, or to deny the request. The report will contain a recapitulation of pertinent information such as lowered monthly payment amounts, old and new LTV’s, new and old senior debt loan amounts, etc.
5. Approval: Upon the City’s approval of a request for subordination, the City will forward to borrower’s lender or Title Company:
a. Completed and executed Subordination Agreement between the City and borrower b. Closing instructions dictating terms / use of Subordination Agreement document c. Request for Notice document for new senior loan
Single Family Property Conditions Profile and Affidavit of Owner
1. Property Conditions Profile:
a. AmeriNat engages a site visit of the owner’s property to determine the outer condition of the dwelling and the condition of detached structures and grounds. Two photos will be taken to document the condition of the property. NOTE: AmeriNat will not enter upon the owner’s private property.
ATTACHMENT A
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27 b. Property profiles rate (good, fair, poor) the condition of the property, and also comment on the following: roof type, property type, structure color, neighborhood condition, construction type, environmental hazards, and status of utilities.
c. If the dwelling appears vacant or abandoned, it will be noted in the report. d. Property profiles may be ordered by the City for varying frequencies, e.g., once every two years, once every three years, etc.
2. Affidavit of Owner:
AmeriNat will forward an instructional letter and Affidavit of Owner to the borrower. The Affidavit requires the owner to affirm continued compliance with provisions of the promissory note and/or rehabilitation agreement. Such provisions may include, but are not limited to, the following:
− Continued residence
− Timely payment of property taxes
− Ongoing hazard and flood insurance coverage
− Timely payment of sums due to superior lien holders
− Proper maintenance of the property
− Non-subordination
a. If no response is received within two weeks, AmeriNat will send a second letter, again requesting owner to sign and return affidavit.
AmeriNat will compile responses and will forward original affidavits to the City.
Reports
AmeriNat’s standard reports are designed to meet the City’s objectives and funding source requirements.
Data reporting is flexible and can be reported in several ways, including program type, funding source and funding year. Reports are available to the City online through AmeriNat’s portal. The City has unlimited access to account and portfolio data through the portal and can view the information as well as generate reports that can be downloaded into Excel.
1. Portfolio Status Report: The report provides a comprehensive accounting per loan of the total portfolio on a monthly basis. The report identifies annual payments made, remaining balances, borrower's name and account number, original loan balance, interest rate, and loan term. For those deferred loans accruing interest, the report shows the ongoing accrued interest balance.
2. Current Month Reconciliation Report: This monthly report serves as reconciliation for the loan payments remitted by borrowers.
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28 3. Delinquent Aging Report: This report reflects delinquent accounts at the 30, 60, 90, and over 90-day levels as of the end of the month. Borrower accounts moved into the forbearance or foreclosure process are designated.
4. Fee Detail Report: This monthly report details AmeriNat’s fees assessed and overall remittances on a per loan basis.
5. Escrow Deficit Report: This monthly report details advances made by AmeriNat on borrower accounts with deficient escrow balances and tracks the amount to be included with or deducted from the City’s monthly remittance; a net shortage/negative will be deducted and a net overage/positive will be remitted.
6. Account Information Report: This report provides a borrower profile, loan term and current balance and status information for individual borrower accounts within a client’s portfolio. It includes a vast amount of information on particular accounts within the City’s portfolio.
7. Payment History: This report details transactions on individual accounts for the current year’s activity.
8. Payment History with Memos: AmeriNat uses a series of memo codes to help classify various borrower requests or processing activity. Activities subject to memo code classification include, for example, insurance request letters, payoff requests, and other miscellaneous borrower questions. This report summarizes the loan history with identification of these types of activities along with associated comments by AmeriNat personnel.
9. Additional Standard Reports:
Borrower with Balances
Open Accounts
Closed Accounts
Account Status Report
Insurance Status Report
Account Memo Listing Report
Borrower Property Information
Escrow Activity
Late Charge Activity
Daily Transactions Summary
Manual Adjustments
Loan Transfer
In the event the City requires AmeriNat to transition loans back to the City or to another servicer, AmeriNat will gather and package loan files (hard-copy and/or electronic copy) for shipment. AmeriNat’s Investor Services and IT departments will work with the City’s staff to electronically transmit servicing data in an agreed upon format.
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AmeriNat’s Investor Services Department has been separated and elevated in the organization in alignment with AmeriNat’s emphasis on client engagement, responsiveness, and attentiveness. The Investor Services team is available for regular meetings with the City, will review portfolio reports on a routine basis, is familiar with the status of delinquencies and claims and is the City’s first and final stop for questions and needs.
Borrowers can reach borrower service staff via email and the toll-free phone numbers published on the AmeriNat website. Continuous access to loan account information is also provided during normal working hours through toll-free customer service telephone lines. Additionally, borrowers and the City have 24- hour electronic access to their loan information via AmeriNat’s website at www.amerinat.com, and borrowers are also able to view their loan information via the AmeriNat app.
AmeriNat maintains complete and current information, notices, documents, correspondence, and loan service comments related to each loan in a safe and secure environment.
Quality Assurance
As mentioned earlier in our proposal under the “Ethics& Integrity” section, AmeriNat has always operated within a heavily regulated industry and its infrastructure emphasizes compliance with local, state and federal laws and regulations. AmeriNat holds the appropriate licenses for jurisdictions in which it operates. A listing of the audits included in our rigorous audit program is listed in this section as well.
Controls and safeguards are in place to ensure the protection of confidential information and compliance is maintained to privacy regulations applicable to banking organizations. AmeriNat has a board-appointed audit committee that assists with oversight of integrity of financial reporting as well as compliance with legal and regulatory requirements. We subscribe to AllRegs, a nationally recognized compliance assistance program, and are registered for routine updates from major servicing publications, the Nationwide Mortgage Licensing System, and the Consumer Financial Protection Bureau.
For each state in which AmeriNat services loans, a detailed analysis of loan servicing regulations is conducted. The appropriate servicing authority as issued under the Nationwide Mortgage Licensing System (NMLS) is maintained and updated as required. AmeriNat currently services loans in the State of California and is familiar with the servicing requirements there.
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Exhibit B:
Insurance Requirements
(Loan Portfolio Services)
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 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 05 09 or 25 04 05 09) 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, covering 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. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
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 higher limits maintained by the contractor.
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 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
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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 also applies 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. 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.
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
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.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
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. 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.
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
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement.
If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep
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materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
5.1 AmeriNat Portal Access. The City agrees to access and use AmeriNat Portal solely for its own internal use, in compliance with operating instructions provided by the Contractor and the terms of this Agreement, and to designate an authorized individual to serve as the Client Data Security Administrator. The City further agrees to treat the AmeriNat Portal and all associated documentation and processes as Confidential Information.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement
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and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
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11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
11.4 Failure to Pay. The Agreement shall immediately terminate, at Contractor’s option, upon twenty (20) days’ written notice if City fails to make payment in excess of five thousand US dollars ($5,000) then due Contractor under this agreement and City fails to make such payments as required within the twenty (20) day timeframe.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, which such consent shall not be unreasonably withheld, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against 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 this 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.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color,
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national origin, ancestry, sex or religion of such person.
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
17.1 The Contractor operates under the regulation and jurisdiction of various licensing authorities including those states from which the City intends to originate and/or purchase loans. The requirements of which may vary from time to time. If the Contractor’s authority to service loans in a particular state were revoked or otherwise made unreasonable to continue in the then-current processes and in accordance with the terms of this Agreement due to changes in circumstances or regulations, the Contractor will provide prompt notice of its requirement to modify or terminate services and will modify or terminate services before the latest available date as allowed by regulatory authority. Termination under this provision will not be deemed to be a default by the Contractor, and no liability will exist to reimburse the City for losses incurred as a result of termination, unless the license revocation or nonrenewal is caused by the Contractor’s negligence or willful misconduct. If services are terminated under this provision the City will not be liable to the Contractor for transfer fees specified in the fee section of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
Additionally, Contractor shall make its best effort to inform the City, at the time of disclosure, when any information provided is considered confidential.
19.1 Confidential Information. “Confidential Information” means information which is proprietary to the Contractor and which relates to its existing or reasonably foreseeable business, including, but not limited to, information contained in: products and product design; business methods and techniques; trade secrets, data, specifications, developments and research activity; marketing and sales strategies, information and techniques; long and short-term plans; business policies; current and
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prospective customer lists, contacts and information concerning the Contractor’s business, its manner of operation, its plans or other information that is not disclosed to the general public or known in the industry and acquired or learned by the City or the City Indemnitees. Confidential information also includes information about AmeriNat customer or borrowers, including information of the type identified above and including non-public personal identifying information on the same, including but not limited to personal tax identification numbers. Such information shall be treated as Confidential Information irrespective of its source and whether such information is expressly identified as being “confidential” or “trade secret”.
19.2 Nondisclosure. The City agrees, during the duration of this Agreement and at all times thereafter, to hold in strictest confidence and to never disclose, furnish, communicate, make accessible to persons or use for the City’s or another's benefit, Confidential Information. The City also agrees not to permit Confidential Information to be used in competition with the Contractor. The City acknowledges that Confidential Information constitutes a unique and valuable asset of the Contractor, and that disclosure of such Confidential Information would cause irreparable harm to the Contractor for which money damages would not be an inadequate remedy and that, in addition to remedies at law, the Contractor is entitled to equitable relief as a remedy for any such breach. The City agrees to refrain from acts and omissions that would reduce the value of Confidential Information to the Contractor.
19.3 Required Disclosures. The City agrees to provide Contractor notice of disclosures required by a governmental agency, judicial body or law prior to such disclosure being made, or in the event that prior notice cannot practicably be given, simultaneously with the disclosure. The City will cooperate in a reasonable effort to obtain a protective order (at the requesting party’s sole cost and expense) relating to the disclosure of such information. In addition, upon request for the City to mark such information as privileged or confidential when disclosed, the City will cooperate with such request to the extent permitted by law.
20. Cooperation. The City shall cooperate with the Contractor in the execution of the Contractor’s responsibilities under this Agreement. Such cooperation shall include, but not be limited to, the provision of data and information regarding the Loans that is accurate and not in conflict with other information contained in the Loan documents and the timely provision of Loan and collateral documentation necessary for the Contractor to adequately complete its servicing obligations. The City shall update the Contractor with new and relevant information it obtains regarding the Loans being serviced and shall promptly provide updated Loan documentation that is discovered or generated by the City.
21. Anti-Money Laundering. The City is responsible for OFAC Screening of borrowers prior to loan origination and for compliance with Anti-Money Laundering program requirements of 31 U.S.C. § 5318(h), or other directives that may relate to the appropriate verification of borrower identity to ensure the prohibition of transactions with certain foreign countries and/or their nationals. The City agrees to promptly notify
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the Contractor if it becomes aware of its borrowers being added to the Specially Designated Nationals List during the term of this agreement.
22. Privacy. The City acknowledges its obligation under the Gramm-Leach-Bliley Act 15 USC 6801 and confirms that it adheres to the provisions of this regulation and related guidance, including issuance of the proper privacy notices to its customers if required, as with the FCRA and FDCPA.
23. Compliance With Late Fees. In order to ensure compliance with respective state statute, the City’s Loans will be boarded and serviced in accordance with the late fee provision in the Loan documents, and where appropriate, said late fee will be reduced to not exceed the maximum amount allowed by law. Loans boarded for servicing that do not contain a late fee provision are subject to an additional monthly servicing fee surcharge.
24. IRS reporting. If the services to be provided under this agreement include the acceptance of loan payments and/or 1099 reporting (1099-Int, 1099-C, etc.), the Contractor shall submit the required 1098 and/or 1099 forms to the Internal Revenue Service as required. If the Loan data provided by the City does not include a valid social security number for a borrower(s), the Contractor shall exercise reasonable means to obtain such valid social security number(s). If the lack of an available and/or valid social security number(s) results in a penalty or fine assessed by the Internal Revenue Service, the City will be notified of the amount of the penalty or fine and will promptly reimburse The Contractor for such penalty or fine paid or to be paid.
25. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
26. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
27. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
28. No Personal Liability. No official or employee of City shall be personally liable
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to Contractor in the event of any default or breach by the City or for any amount due Contractor.
29. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
30. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
31. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
32. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
33. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
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34. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
35. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
36. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
37. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
38. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other
ATTACHMENT A
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2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
ATTACHMENT A
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3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor will notify the City if key personnel will be reassigned or replaced. "Key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed.
Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
ATTACHMENT A
229
4 (Rev. 07.12.22)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
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.
ATTACHMENT A
230
1 (Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $350,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
ATTACHMENT A
231
2 (Rev. 10.30.18)
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
2. Task Price. Please see Attachment E-1 - Pricing Schedule.
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton
Economic Development Department
400 E. Main Street, 4th Floor
Stockton, CA 95202
ATTACHMENT A
232
2 Pricing Schedule
Loan Portfolio Management
Flow Loan Set-up fee: $55.00 per loan
Amortized Monthly Service Fee1
: $15.00 per loan
Service fee for Amortized loans with no escrow or monitoring: $11.00 per loan Additional monthly fee for loans over 60 days delinquent: $25.00 per loan Monthly Service Fee for Deferred Loans:
1. Warehouse: $4.00 per loan per month
2. Warehouse and monitor of taxes and/or insurance: $10.00 per loan per month plus a one-time tax service vendor fee.
3. Warehouse and escrow of taxes and/or insurance: $15.00 per loan per month plus a one-time tax service vendor fee.
4. Flat fee for receiving occasional payments or forgiveness event on deferred loans: $15.00 per payment or forgiveness event.
Residual Receipt Loan Servicing Fee:
1. Initial Annual Financial Statement Review for Residual Receipt loans: $450.00 (Pricing may vary based on complexity of analysis)
2. Subsequent Annual Financial Statement Review (applicable when more than one financial statement on the same loan is submitted for review at the same time): $300.00 (Pricing may vary based on complexity of analysis)
3. Historical reconstruction, negotiations with borrower related to the terms, or additional considerations related to modifying what is due and payable under the terms of the documents will be billed at the fee appliable for Extraordinary Account Research. Work and billing will be subject to the client’s advanced approval.
1 Escrowing and/or monitoring of taxes and insurance are included with the service at no additional cost except for a one-time tax service vendor fee if acceptable transferable tax contracts are not already in place.
ATTACHMENT E-1
ATTACHMENT A
233
3 Tax Service Fee
If it is determined that Tax Service is needed, a fee of $80.00 per loan for loan amounts up to $500,000 will be passed through to the City (may be assessable to the borrower). For loan amounts over $500,000, there is an additional charge of $10 per $100,000. Future charges may vary based on outside vendor pricing. Additional or supplemental charges imposed by the respective taxing authority for procurement of duplicate tax bills will be directly passed through to the City.
Forbearance Plans
If requested by the City, AmeriNat will charge a flat fee of $395.00 per loan per occurrence to institute a formal forbearance plan (usually in excess of 6 months in duration and with approval of the City). The City may require the borrower to pay this fee. Informal forbearances (usually less than 6 months in duration) to allow a delinquent borrower to catch up and bring their loan current are performed at no charge to the borrower or the City.
Loan Modification Analysis
1. Preliminary screening and Application Review (each) $200.00
2. Analysis and Recommendation, plus outside costs * $195.00
3. Subsequent Analyses and Recommendations (each) $165.00
4. Loan Document Preparation, plus outside costs * $350.00
5. Document redraws (per occurrence) $165.00
Cancellation Fee: The fee due will be the sum of the fees for tasks (1-4 above) completed, plus one-half of the fee for the task in process at the time of cancellation. * Outside costs include, but are not limited to, title, credit, and appraisal / valuation. These costs are passed through from outside vendors and are subject to marketplace increases.
Loan Foreclosure
If requested by the City, AmeriNat will charge the following fees for Loan Foreclosure services:
1. Document Preparation: A one-time charge of $455.00 to prepare documents to commence foreclosure proceedings and to manage the foreclosure process on behalf of the City. In addition to the above foreclosure service fee, AmeriNat will deduct and pay from remittance or bill the City for other costs incurred in the foreclosure process such as, but not limited to, conventional legal fees, sheriffs' deposits, bankruptcy closing costs, fees set by law, etc. These fees will be quoted on a caseby-case basis upon request by the City and within applicable statutory limits.
ATTACHMENT A
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4 2. Reinstatement Terms: The City reimbursement for foreclosure services rendered, and its costs and other charges, will be made by the borrower upon reinstatement or full payment of the Deed of Trust or Mortgage under foreclosure.
3. Property Management: $150.00 per property per month plus property management vendor fees.
Property preservation expenses remain the responsibility of the City.
Bankruptcy Administration Services
1. Account Modification Fee: $70.00 per occurrence to modify account for respective Bankruptcy monitoring.
2. Proof of Claim Filing Fee (per occurrence):
a. $475.00 for Chapter 7
b. $1,350.00 for Chapter 13
3. Reaffirmation Agreement Filing Fee: $350.00 per occurrence.
4. Monitoring and Repayment Fee: $20.00 per loan per month for the duration of an active bankruptcy case. This includes monitoring respective payment plans, discharges, and dismissals.
5. Motion for Relief Filing Fee: $280.00 per occurrence plus out-of-pocket fees and costs. Such fees and costs include, but are not limited to, obtaining local counsel in the bankruptcy jurisdiction and as approved by the City. The City will be responsible for the payment of fees for filing a suit or related outside costs due AmeriNat that cannot be reimbursed from the borrower.
Subordination Processing
A fee of $465.00 per analysis per loan.
Minimum Monthly Servicing Billing $1,000.00
If the cumulative amount of fees to be charged for loan servicing activities, excluding pass-through charges, within one calendar month is less than the minimum monthly billing amount above, said amount will be charged. Amounts for pass-through expenses will be deducted from remittances.
Other services and Per-Event Fees
Check by phone service $10.00 per loan per occurrence if not payable by the borrower2 Consulting $225.00 per hour, one hour minimum
2 Current practice is to charge the borrower if a check by phone payment is requested. Ability to charge to borrowers could be impacted by changes in future regulations.
ATTACHMENT A
235
5 Tickler Notifications: A $15.00 per notification may be charged Loan Transfer Fee: $75.00 per loan one-time fee if transferred from AmeriNat Property Conditions Profile: $65.00 per occurrence
Affidavit of Owner: $18.00 per loan (entire portfolio done at one-time) with a $500 minimum fee
Pass-through (reimbursable) expenses
Pass-through (reimbursable) expenses, including but not limited to postage costs for statements, letters, and other notifications to borrowers, advances necessary for principal and interest payments, tax and insurance payments, legal and other professional fees for loss mitigation activities, costs of tax contracts, and other out of pocket costs necessary for performance of the scope of service tasks, will be reimbursed by the City monthly. Amounts for pass-through expenses will be deducted from remittances. Amounts for pass-through expenses will be deducted from remittances.
Pass-through (reimbursable) expenses not reimbursed monthly, will be considered servicer advances and will be subject to an interest charge at a rate of 1% per month compounded. A finance charge of 1% per month compounded will be applied to invoices outstanding and unpaid for more than 60 days.
Extraordinary Account Research and/or Loan Reconstruction AmeriNat will conduct ongoing routine maintenance and general customer service activities on borrower information and balances as part of its servicing duties at no additional cost.
Should the City request additional research to be conducted, or if the City engages AmeriNat to conduct a Loan Reconstruction Service on its portfolio, an extraordinary research fee of $225.00 per hour will be charged, with a minimum of one hour per occurrence. Such fee will be approved by the City before the research is conducted.
When research is conducted at the request of the City because of a discrepancy between the City’s records and AmeriNat’s records relating to the principal balance or other loan information, and the result of the research determines that the discrepancy was the result of activity being posted at the City and not forwarded to AmeriNat for updating of its records, the extraordinary research fee will be charged for the time spent on the research.
For services or loans with unique servicing characteristics that are not shown above, the City and AmeriNat acknowledge that additional and/or different servicing requirements may be appropriate. AmeriNat will work with the City in good faith to establish written terms for the servicing of these types of loans or additional services requested. Any agreement on the servicing provisions for any non-standard portfolio or additional services, including pricing for said services, shall be memorialized in a Statement of Work (“SOW”).
Fees are subject to annual increases beginning July 1, 2026 based on the change in the national consumer price index, but no less than 3%.
ATTACHMENT A
236
City of Stockton
Legislation Text
File #: 25-0323, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 4 WITH SORACCO INC. FOR ON-CALL UTILITY REPAIR SERVICES FOR CITYWIDE WASTEWATER COLLECTION
AND WATER DISTRIBUTION SYSTEMS
RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Change Order (CCO) No. 4 with Soracco Inc., for Municipal Utilities Department (MUD) Collection and Water Distribution System services to extend and fund the existing contract for an additional two (2) years in the amount of $6,470,000 for a total contract not-to-exceed amount of $14,700,000.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) is comprised of three enterprise funds including Water, Wastewater and Stormwater Utilities. The Wastewater Utility features 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 for treatment at the Regional Wastewater Control Facility (RWCF). The system collects sewage from properties within the City, special districts outside the City, and certain areas within San Joaquin County. The Water Utility provides drinking water service to the northern and southern regions of the Stockton Metropolitan Area, with the California Water Service Company and San Joaquin County serving the central region.
To respond in a timely manner to larger scale and emergency repair projects, MUD negotiated Contract Change Order No. 4 (CCO No.4) to extend the current contract with Soracco Inc., of Lodi, California, for on-call utility repair services to water distribution, and wastewater collection systems citywide.
If approved, this action will authorize CCO No. 4 (Exhibit 1 to the resolution) with Soracco, Inc., of Lodi, California, for two (2) additional years and increase the total contract amount to $14,700,000.
DISCUSSION
Background
MUD staff are responsible for regularly maintaining, inspecting, and repairing sewer collection and water distribution systems throughout the City. The maintenance program is required to safely transport wastewater for treatment at facilities owned and operated by the City and to distribute drinking water to customers in the City water service area.
City of Stockton Page 1 of 2 Printed on 4/23/2025
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File #: 25-0323, Version: 1
In June 2022, by Resolution 2022-06-21-1205, the City Council awarded a three (3) year contract to Soracco Inc. with a not-to-exceed amount of $6,300,000 for on-call utility repair services to wastewater collection systems with pipelines smaller than 24 inches in diameter. Contracted services allow staff to respond to large-scale and emergency repairs in a safe and timely manner. The contract is set to expire on June 30, 2025, and allows for a possible two (2) year extension.
In June 2023, CCO No. 1 increased the contract not-to-exceed amount by $730,000 to $7,030,000 due to additional work required during the response to the January 2023 storm events.
In March 2024, CCO No. 2 amended the annual unit rate prices for FY 2024-25 following negotiations with the contractor in accordance with the terms of the contract.
In November 2024, the City Council authorized CCO No. 3 by Resolution 2024-11-12-1209, adjusting the scope of work to include on-call repair services for water distribution systems and emergency repair services for sanitary sewer pipelines larger than 24 inches in diameter. The total contract amount increased to $8,230,000.
Present Situation
The contract is presently in year three (3) and is set to expire on June 30, 2025. Staff negotiated CCO No. 4 with Soracco Inc., to exercise the two-year extension for a total five-year term. The annual cost for the additional two-year term is $6,470,000.
If approved by the City Council, CCO No. 4 will extend the existing contract through June 30, 2027, and increase the total contract amount not-to-exceed $14,700,000 for on-call repair services for wastewater collection and water distribution systems.
FINANCIAL SUMMARY
The FY 2025-26 budget will include funding requests for year 4 services. Future funding will be requested as part of the annual budgeting process. The cost for services will be charged to the Wastewater Collections account, Wastewater and Stormwater Pump Station Maintenance accounts, Water Distribution account, Water Hydrants account, and Sanitary Sewer System Emergency fund to approve CCO No. 4 in the amount of $6,470,000.00 for a total not-to-exceed contract amount of $14,700,000.
This action has no impact on the General Fund or any other unrestricted funds.
City of Stockton Page 2 of 2 Printed on 4/23/2025
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 4 IN THE AMOUNT OF $6,470,000 WITH SORACCO INC. FOR ON-CALL UTILITY REPAIR SERVICES FOR
CITYWIDE WASTEWATER COLLECTION AND WATER DISTRIBUTION SYSTEMS The Municipal Utilities Department (MUD) staff maintain, inspect, and repair collection and water distribution systems as part of the regular maintenance program required to safely transport wastewater for treatment at facilities owned and operated by the City and distribute drinking water to customers in north and south Stockton; and In June 2022, by Resolution 2022-06-21-1205, the City Council awarded a contract to Soracco Inc. for on-call utility repair services to wastewater collection systems with pipelines smaller than 24 inches in diameter. Contracted services allow staff to respond to large-scale and emergency repairs in a safe and timely manner; and
To respond in a timely manner to larger scale and emergency pipeline and infrastructure repairs, MUD has negotiated Contract Change Order (CCO) No.4 to extend the contract term by two (2) years; and
Staff recommend that the City Council adopt a resolution to approve CCO No. 4 with Soracco, Inc. for on-call utility repair services in the amount of $6,470,000 for a total contract amount of $14,700,000; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Contract Change Order No. 4 with Soracco, Inc. in the not-to-exceed total amount of $14,700,000 is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED April 29, 2025 .
CHRISTINA FUGAZI
ATTEST: Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
239
1 (Rev. 03.21.22)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number ____4___ to the above referenced Agreement is entered into on July 1, 2025: between the City of Stockton (“City”) and Soracco Inc. “Contractor”.
RECITALS
Section 1 Changes, states the City may modify the scope of services provided for under this Contract. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work; and Section 2 Compensation states, to do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A and Exhibit A1 for the applicable Contract period attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the CITY. Total compensation for services and reimbursement for costs shall not exceed $8,230,000 or as otherwise mutually agreed to in a written Amendment; and Exhibit 1 states this Contract shall have an initial three (3) year term with the two (2) additional one (1) year options to renew only by written Amendment signed by both parties; and The City needs to renew the term specified in Exhibit 1 of the Standard Agreement for two (2) years for continued services in accordance with Exhibit 1; and
The City needs to increase the Compensation, Not to Exceed amount in Section 2 of the Standard Agreement by $6,470,000 to pay for the Contractor two (2) year extension with annual increases in accordance with Exhibit A and Exhibit A1; and
Now therefore, the City and the Contractor mutually agree as follows:
1.The termination date in Exhibit 1 of the Standard Agreement is amended to: June 30, 2027
2. Section 2 Compensation will now read as follows:
“To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A and Exhibit A1 for the applicable Contract period attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the CITY. Total compensation for services and reimbursement for costs shall not exceed $14,700,000 or as otherwise mutually agreed to in a written Amendment.” All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Printed Name and Title of Person Signing
_____________________________________________________________________________________________ Address
Agreement Number: Amendment
Number:
423000017 4
Richard A. Soracco Jr., President
903 E. Lodi Ave., Lodi, CA 95240
02/20/2025
Soracco, Inc.
EXHIBIT 1
240
2 (Rev. 03.21.22)
CITY OF STOCKTON
_____________________________________________________________________________________________ Steve Colangelo, Interim City Manager Date
ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
EXHIBIT 1
241
EXHIBIT A
Contract Pricing Effective July 2025 – June 2026
In accordance with all Contract terms, Contractor shall perform on-call work as defined in Contract 423000017 Exhibit A at the City’s request for the below agreed upon pricing for work performed from July 1, 2025 through June 30, 2026.
Item
# Description Unit Unit Price
1 Repair within Property Easement EA 875
2 Remove and Replace Asphalt up to 8" Deep SF 23
3 Remove and Replace Asphalt between 8.1"
and 13" Deep SF 28
4 Remove and Replace Concrete Curb and
Gutter LF 32.50
5 Remove and Replace Concrete Sidewalk
and/or Driveway LF 20
6 Various Unidentified Work LS 327,819
7 Open Cut Existing 6" Gravity Sewer Line (0'-6'
deep) LF 105.7
8 Open Cut Existing 6" Gravity Sewer Line (6.1'
or deeper) LF 187.25
9 Open Cut Existing 8" Gravity Sewer Line (0'-6'
deep LF 111
10 Open Cut Existing 8" Gravity Sewer Line (6.1'
or deeper) LF 193
11 Open Cut Existing 10" Gravity Sewer Line (6'
or deeper) LF 227
12 Open Cut Existing 12" Gravity Sewer Line (6'
or deeper) LF 307
13 Open Cut Existing 15" to 24" Gravity Sewer
Line (all depths) LF 660
14 6" Sewer Point Repair (0'-6' deep, reaches of
0' - 10') LF 220
15 6" Sewer Point Repair (0'-6' deep, reaches of
10.1'·19.9') LF 220
16 6" Sewer Point Repair (6.1' or deeper, reaches
of 0'-10') LF 362
17 6" Sewer Point Repair (6.1' or deeper, reaches
of 10.1'· 19.9') LF 411
18 8" Sewer Point Repair (0'-6' deep, reaches of
0'-10') LF 242
19 8" Sewer Point Repair (0'-6' deep, reaches of
10.1'-19.9') LF 242
20 8" Sewer Point Repair (6.1' or deeper, reaches
of 0'-10') LF 384
21 8" Sewer Point Repair (6.1' or deeper, reaches
of 10.1'· 19.9') LF 384
EXHIBIT 1
242
22 Confined Space Entry EA 111
23 Maintenance Hole Frame and Cover EA 1,093
24 Maintenance Hole Interior Coating LF 220
25 Installation of Maintenance Holes (4'-10' deep) EA 5,465 26 Installation of Maintenance Holes (10.1' or
deeper) EA 10,928
27 Service Lateral Re-connections, all depths EA 274
28 Sanitary Lateral Spot Repair EA 220
29 4 " Sanitary Lateral Replacement EA 2,733
30 6" Sanitary Lateral Replacement/Upgrade EA 2,186
31 Sanitary Cleanout Replacement (5' or less EA 2,186
32 Sanitary Cleanout Replacement (5.1' or
greater) EA 2,405
33 Type 1 Catch Basin EA 1,640
34 Type 2 Catch Basin EA 1,968
35 Force Account (Flaggers) HR 137
36 Emergency Response (within 2 hours) EA 547
37 Emergency Call-Out Surcharge (After- hours /
Weekends / Holidays) HR 274
38 San Joaquin County Area Encroachment
Permit EA 547
39 San Joaquin County Area 1" Grinding 10'
around the trench SF 13
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EXHIBIT 1
243
EXHIBIT A
Contract Pricing Effective July 2026 – June 2027
In accordance with all Contract terms, Contractor shall perform on-call work as defined in Contract 423000017 Exhibit A at the City’s request for the below agreed upon pricing for work performed from July 1, 2026 through June 30, 2027.
Item
# Description Unit Unit Price
1 Repair within Property Easement EA 902
2 Remove and Replace Asphalt up to 8" Deep SF 24
3 Remove and Replace Asphalt between 8.1"
and 13" Deep SF 29
4 Remove and Replace Concrete Curb and
Gutter LF 33.5
5 Remove and Replace Concrete Sidewalk
and/or Driveway LF 21
6 Various Unidentified Work LS 337,654
7 Open Cut Existing 6" Gravity Sewer Line (0'-6'
deep) LF 109.7
8 Open Cut Existing 6" Gravity Sewer Line (6.1'
or deeper) LF 193.25
9 Open Cut Existing 8" Gravity Sewer Line (0'-6'
deep LF 115
10 Open Cut Existing 8" Gravity Sewer Line (6.1'
or deeper) LF 199
11 Open Cut Existing 10" Gravity Sewer Line (6'
or deeper) LF 234
12 Open Cut Existing 12" Gravity Sewer Line (6'
or deeper) LF 317
13 Open Cut Existing 15" to 24" Gravity Sewer
Line (all depths) LF 680
14 6" Sewer Point Repair (0'-6' deep, reaches of
0' - 10') LF 227
15 6" Sewer Point Repair (0'-6' deep, reaches of
10.1'·19.9') LF 227
16 6" Sewer Point Repair (6.1' or deeper, reaches
of 0'-10') LF 373
17 6" Sewer Point Repair (6.1' or deeper, reaches
of 10.1'· 19.9') LF 424
18 8" Sewer Point Repair (0'-6' deep, reaches of
0'-10') LF 250
19 8" Sewer Point Repair (0'-6' deep, reaches of
10.1'-19.9') LF 250
20 8" Sewer Point Repair (6.1' or deeper, reaches
of 0'-10') LF 396
21 8" Sewer Point Repair (6.1' or deeper, reaches
of 10.1'· 19.9') LF 396
EXHIBIT 1
244
22 Confined Space Entry EA 115
23 Maintenance Hole Frame and Cover EA 1,126
24 Maintenance Hole Interior Coating LF 227
25 Installation of Maintenance Holes (4'-10' deep) EA 5,629 26 Installation of Maintenance Holes (10.1' or
deeper) EA 11,256
27 Service Lateral Re-connections, all depths EA 283
28 Sanitary Lateral Spot Repair EA 227
29 4 " Sanitary Lateral Replacement EA 2,815
30 6" Sanitary Lateral Replacement/Upgrade EA 2,252
31 Sanitary Cleanout Replacement (5' or less EA 2,252
32 Sanitary Cleanout Replacement (5.1' or
greater) EA 2,478
33 Type 1 Catch Basin EA 1,690
34 Type 2 Catch Basin EA 2,028
35 Force Account (Flaggers) HR 142
36 Emergency Response (within 2 hours) EA 564
37 Emergency Call-Out Surcharge (After- hours /
Weekends / Holidays) HR 283
38 San Joaquin County Area Encroachment
Permit EA 564
39 San Joaquin County Area 1" Grinding 10'
around the trench SF 14
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EXHIBIT 1
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EXHIBIT A1
Contract Pricing Effective July 2025 – June 2026 For Water Line Work and Emergency Large Line Repairs
In accordance with all Contract terms, Contractor shall perform on-call work as defined in Contract #423000017 Exhibit A and A1 at the City’s request for the below agreed upon pricing for work performed from July 1, 2025 through June 30, 2026.
Items X1-X4 shall be considered emergency work on lines greater than 24” in diameter. Due to the additional scope of work required, Items X1-X4 prices shall be considered “time and material” on an emergency basis.
Prices of work covered by Items X1-X4 shall be at cost plus the contractually agreed upon percentage markup on Exhibit A1. All submitted costs are subject to City verification and approval. - End of Page -
Item # Description Unit Unit Price
W1 Easement Repairs (Water Mains and Service Lines within backyard Easements, Per Job)
EA
W2 Remove and Replace Asphalt Concrete Restoration up to 8" Deep SF W3 Remove and Replace Asphalt Concrete Restoration between 8.1" and 13" Deep SF W4 Remove and Replace Asphalt Concrete Restoration between 13.1" and 16.0" SF W5 Remove and Replace Existing Concrete Curb and Gutter LF W6 Remove and Replace Existing Concrete Sidewalk and/or Driveway SF W7 Various Unidentified Work LS
W8 4" Domestic Water Main Line Repair EA
W9 6" Domestic Water Main Line Repair EA
W10 8" Domestic Water Main Line Repair EA
W11 12" Domestic Water Main Line Repair EA
W12 Remove and Replace 6" Water Gate Valve EA
W13 Remove and Replace 8" Water Gate Valve EA
W14 Remove and Replace 12" Water Butterfly Valve EA
W15 1" Domestic Water Service Line Replacement EA
W16 1-1/2" Domestic Water Service Line Replacement EA
W17 2" Domestic Water Service Line Replacement EA
W18 Water Meter Box (Type 812) EA
W19 Water Meter Box (Type 830) EA
W20 Water Meter Box (Type 836) EA
W21 Fire Hydrants Repair/Replacement HR
W22 Flaggers HR
W23 Emergency Response (Within 2 hours) EA
W24 Emergency Callout Surcharge - Afterhours/Weekend/Holiday EA X1 Emergency Labor Markup for Lines > 24" %
X2 Emergency Equipment Markup for Lines > 24" %
X3 Emergency Material Markup for Lines > 24" %
X4 Emergency Subcontractor Markup for Lines > 24" %
$5,150
$33
$44
$57
$515
$103
$51,500
$10,558
$14,420
$19,437
$21,630
$11,330
$12,618
$15,317
$12,360
$14,420
$16,480
$5,150
$6,180
$7,210
$1,030
$258
$1,030
$515
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EXHIBIT 1
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EXHIBIT A1
Contract Pricing Effective July 2026 – June 2027 For Water Line Work and Emergency Large Line Repairs
In accordance with all Contract terms, Contractor shall perform on-call work as defined in Contract #423000017 Exhibit A and A1 at the City’s request for the below agreed upon pricing for work performed from July 1, 2026 through June 30, 2027.
Items X1-X4 shall be considered emergency work on lines greater than 24” in diameter. Due to the additional scope of work required, Items X1-X4 prices shall be considered “time and material” on an emergency basis.
Prices of work covered by Items X1-X4 shall be at cost plus the contractually agreed upon percentage markup on Exhibit A1. All submitted costs are subject to City verification and approval. - End of Page -
Item # Description Unit Unit Price
W1 Easement Repairs (Water Mains and Service Lines within backyard Easements, Per Job)
EA
W2 Remove and Replace Asphalt Concrete Restoration up to 8" Deep SF W3 Remove and Replace Asphalt Concrete Restoration between 8.1" and 13" Deep SF W4 Remove and Replace Asphalt Concrete Restoration between 13.1" and 16.0" SF W5 Remove and Replace Existing Concrete Curb and Gutter LF W6 Remove and Replace Existing Concrete Sidewalk and/or Driveway SF W7 Various Unidentified Work LS
W8 4" Domestic Water Main Line Repair EA
W9 6" Domestic Water Main Line Repair EA
W10 8" Domestic Water Main Line Repair EA
W11 12" Domestic Water Main Line Repair EA
W12 Remove and Replace 6" Water Gate Valve EA
W13 Remove and Replace 8" Water Gate Valve EA
W14 Remove and Replace 12" Water Butterfly Valve EA
W15 1" Domestic Water Service Line Replacement EA
W16 1-1/2" Domestic Water Service Line Replacement EA
W17 2" Domestic Water Service Line Replacement EA
W18 Water Meter Box (Type 812) EA
W19 Water Meter Box (Type 830) EA
W20 Water Meter Box (Type 836) EA
W21 Fire Hydrants Repair/Replacement HR
W22 Flaggers HR
W23 Emergency Response (Within 2 hours) EA
W24 Emergency Callout Surcharge - Afterhours/Weekend/Holiday EA X1 Emergency Labor Markup for Lines > 24" %
X2 Emergency Equipment Markup for Lines > 24" %
X3 Emergency Material Markup for Lines > 24" %
X4 Emergency Subcontractor Markup for Lines > 24" %
$5,305
$34
$46
$59
$531
$107
$53,045
$10,875
$14,853
$20,021
$22,279
$11,670
$12,997
$15,777
$12,731
$14,853
$16,975
$5,305
$6,366
$7,427
$1,061
$266
$1,061
$531
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EXHIBIT 1
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City of Stockton
Legislation Text
File #: 25-0358, Version: 1
APPROVE MOTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 4 FOR
THE CALIFORNIA STREET ROAD DIET PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Balancing Contract Change Order No. 4, in the amount of $310,846.26, with George Reed, Inc., for the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
On June 13, 2023, by Resolution No. 2023-06-13-1212, Council awarded a Construction Contract in the amount of $9,446,626 to George Reed, Inc. of Modesto, CA, for the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194).
Prior to completing the project, staff performed a final project assessment of pavement conditions within the project limits. The assessment revealed additional pavement repair work was warranted primarily in areas located south of Dr. Martin Luther King (MLK) Jr. Boulevard. In addition, staff also noted more locations where upgrades to curb ramps were needed. Staff provided direction to the contractor to incorporate the additional pavement repair and curb ramp work into the project to avoid delays and improve the overall project for the community.
It is recommended that Council approve Balancing Contract Change Order (CCO) No. 4 in the amount of $310,846.26 with George Reed, Inc. to close out the project and compensate the contractor for the additional pavement repair and curb ramp work.
DISCUSSION
Background
On June 13, 2023, by Resolution No. 2023-06-13-1212, Council awarded a Construction Contract in the amount of $9,446,626 to George Reed, Inc. of Modesto, CA, for the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194).
This project is funded with local funds and grants awarded from the Active Transportation Program, Measure K Smart Growth Incentive programs, and Measure K Non-Competitive Bicycle, Pedestrian, and Safe Routes to School Program. The project implemented roadway lane reductions (road diet) to enable the addition of four miles of bicycle facilities along California Street from Alpine Avenue to City of Stockton Page 1 of 2 Printed on 4/23/2025
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File #: 25-0358, Version: 1
Eighth Street, and Eighth Street from California Street to El Dorado Street. Additionally, the project scope included the installation of Americans with Disabilities Act curb ramps, sidewalk repairs, roadway repairs in the bicycle lanes, and upgraded signal modifications at all signalized intersections within the project limits (Attachment A).
Construction of the project began in October 2023 and was completed February 2025. Staff is now completing final project closeout, which includes final reporting, billing, and balancing of final project costs. Prior to completing the project, staff performed a final project assessment of pavement conditions within the project limits before final asphalt paving repair work started on the project. The assessment found many areas of the street that degraded since the last assessment performed during the design of the project. The majority of the areas were located south of Dr. MLK Jr.
Boulevard and required partial reconstruct to place them in a state of good repair. In addition, staff also noted more locations where upgrades to curb ramps were needed to comply with Public Right-of -Way Accessibility Guidelines. In order to avoid delays to the project, staff provided direction to the contractor to incorporate the additional pavement repair and curb ramp work into the project.
CCO Nos. 1 through 3, in the amount of $1,008,757.30, were previously approved under the administrative change order authority allowed under the original contract. The previously approved CCOs generally included additional work related to partial roadway repairs, a pedestrian Rectangular Rapid Flashing Beacon, curb ramps, striping, and signage, and other miscellaneous work needed to improve the overall project for the community.
Present Situation
Balancing CCO No. 4 is necessary to close out the project and to compensate the contractor fully for additional roadway pavement repairs and upgrades to curb ramps that were discovered as part of the final project assessment. This is the final Balancing CCO to close out and complete the Construction Contract. Council approval is required for Balancing CCO No. 4, as the cumulative amount exceeds the administrative change order authority allowed under the existing contract.
It is recommended that Council approve Balancing CCO No. 4 in the amount of $310,846.26 with George Reed, Inc. (Attachment B). The total final contract value will be $10,766,229.56.
FINANCIAL SUMMARY
There is sufficient funding in the California Street Road Diet, Project No. WT18005/Federal Project No. ATPSB1L-5008(194), to approve Balancing CCO No. 4 with George Reed, Inc. in the amount of $310,846.26. With the approval of Balancing CCO No. 4, the final contract amount is $10,766,229.56.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended action.
Attachment A - Vicinity Map
Attachment B - Balancing CCO No. 4 with George Reed, Inc.
City of Stockton Page 2 of 2 Printed on 4/23/2025
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VICINITY MAP
NOTTO SCALE
LEGEND
PROJECT LIMITS
CALIFORNIA STREET ROAD DIET,
PROJECT NO. WT18005
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT A
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ATTACHMENT B
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CITY OF STOCKTON Page 2 of 4
March 18, 2025
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor Contract Change Order #: 4-Balancing
Resolution/Motion No. 2023-06-13-1212 Purchase Order No. 423000711 (If not required enter “N/A”) Purchase Order #
CALIFORNIA STREET ROAD DIET
Project No. WT18005/ Federal Project No. ATPSB1L-5008(194) [Phase 2 Only] Additional Work Performed for Above Referenced Project
In accordance with Section 4-1.05A “Changes and Extra Work – General” of the City of Stockton Standard Specifications, the Contractor is directed to provide the following items for the additional items of work:
A. INCREASE/DECREASE TO CONTRACT AT BID ITEM PRICE:
Item No. Description Quantity Unit Unit Price Increase Decrease PH 1 #22 Curb Paint (Red) -46.00 LF $3.00 ($138.00)
PH 1 #31
4” ThermoplasticWhite (Details 27B
and 27M)
62.40 LF $1.20 $74.88
PH 1 #32
4” ThermoplasticWhite (Bike Buffer
Hatch Striping)
-1,493.50 LF $1.30 ($1,941.55)
PH 1 #33
6” ThermoplasticWhite (Details 9, 39,
and 39A)
94.00 LF $1.30 $122.20
PH 1 #34
8” ThermoplasticWhite (Details 37B
and 38)
19.00 LF $1.50 $28.50
PH 1
#35
12” ThermoplasticWhite 850.00 LF $5.00 $4,250.00
PH 1
#36
24” ThermoplasticWhite -64.00 LF $10.00 ($640.00)
PH 1
#37
4” ThermoplasticYellow (Details 22,
25A, 29, 32)
-900.00 LF $3.00 ($2,700.00)
PH 1
#38
12” ThermoplasticYellow -969.00 LF $5.00 ($4,845.00)
PH 1 #39 24” ThermoplasticYellow 74.00 LF $10.00 $740.00 PH 1
#40
Thermoplastic
Pavement MarkingsWhite255.00 LF $6.00 $1,530.00
PH 1 #41
Thermoplastic
Pavement MarkingsGreen-322.90 SF $8.00 ($2,583.20)
PH 1 #42 Heavy Duty
Channelizer -6.00 EA $75.00 ($450.00)
PH2 #26 Accessible Ramp 25.00 EA $11,300.00 $282,500.00
ATTACHMENT B ATTACHMENT B
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CITY OF STOCKTON Page 3 of 4
March 18, 2025
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor PH 2 #31 Curb Paint (Red) -16.00 LF $3.00 ($48.00)
PH 2 #32
Curb Paint (White,
Yellow, Green) -81.00 LF $3.00 ($243.00)
PH 2 #42
4" ThermoplasticWhite (Detail 9 and
27B) -342.00
LF
$1.10 ($376.20)
PH 2 #43
4" ThermoplasticWhite (Bike Buffer
Hatch Striping) 143.00
LF
$1.30 $185.90
PH 2 #44
6" ThermoplasticWhite (Details 39 and
39A) 1,014.00
LF
$1.30 $1,318.20
PH 2 #45
8" ThermoplasticWhite (Details 37B
and 38) 855.00
LF
$1.30 $1,111.50
PH 2 #46
12" ThermoplasticWhite 873.00 LF $5.00 $4,365.00
PH 2 #47
24" ThermoplasticWhite -24.50 LF $10.00 ($245.00)
PH 2 #48
4" ThermoplasticYellow (Details 22,
25A, 29, 32) -658.00
LF
$3.00 ($1,974.00)
PH 2 #49
12" ThermoplasticYellow -49.00 LF $5.00 ($245.00)
PH 2 #50
Thermoplastic
Pavement MarkingWhite 179.50
SF
$6.00 $1,077.00
PH 2 #51
Thermoplastic
Pavement MarkingGreen -33.40
SF
$8.00 ($267.20)
PH 2 #53 Roadside Sign 2.00 EA $450.00 $900.00
SUBTOTAL $298,203.18 ($16,696.15)
TOTAL $281,507.03
TOTAL INCREASE/DECREASE AT CONTRACT PRICE: $281,507.03
B. INCREASED WORK AT AGREED LUMP SUM
Conduit Repair at SE corner of Walnut Avenue
The work involved in this change included identifying and locating existing damaged conduit to be utilized for new conductors for the traffic signal. Prior to this project, the existing conduit was crushed in one location and it was required to excavate, expose, replace the damaged conduit then backfill and compact.The extra materials and work, including labor, installation complete in-place, is for the agreed unit cost not to exceed $3,077.23 Striping Revisions – Phase 1 and Phase 2
Contractor placed temporary markings (cat-tracking) for City Staff to review the layout prior to permanent striping.
After City review, the contactor was directed to revise the layout in several locations which required the removal of temporary cat-tracking and reapplying in the modified configuration. The removal and replacement required 4 additional shifts including additional traffic control. The extra materials and work, including labor, installation complete in-place, is for the agreed unit cost not to exceed $30,765.00
ATTACHMENT B ATTACHMENT B
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CITY OF STOCKTON Page 4 of 4
March 18, 2025
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor Phase 1 Curb Paint
Curb paint was not included as a bid item but was needed to complete the project. The extra materials and work, including labor, installation complete in-place, is for the agreed lump sum cost not to exceed $747.00 Overtime Inspection Credit
During the striping and signage operation, the contractor opted for weekend work. The extra materials and work, including labor, installation complete in-place, is for the agreed lump sum cost not to exceed ($5,250.00) TOTAL INCREASE AT AGREED LUMP SUM: $29,339.23
TOTAL COST OF CHANGE ORDER WORK: $310,846.26
In accordance with Section 9-1.17D of the City of Stockton Standard Specifications, this balancing contract change order is issued to indicate the total amount payable to the contractor and no additional compensation will be allowed.
The additional compensation, if any, included in this change order constitutes full compensation, including all mark ups, profits, surcharges, taxes and overhead costs, for the change in work as specified.
ATTACHMENT B ATTACHMENT B
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City of Stockton
Legislation Text
File #: 25-0207, Version: 1
APPROVE MOTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE CIVIC
AUDITORIUM ASSESSMENT PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Award a Professional Services Contract to Page and Turnbull, Inc. of San Francisco, CA, in the amount of $312,167 for professional services of the Civic Auditorium Assessment, Project No. WT24035.
It is recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Civic Auditorium Assessment, Project No. WT24035 consists of a facility conditions assessment for the Stockton Memorial Civic Auditorium (Civic Auditorium), located at 525 North Center Street (Attachment A). The Civic Auditorium will be 100 years old in November 2025. The Assessment will provide an evaluation of the existing condition, programming, venues, and function. The Civic Auditorium has the potential to provide more rentable space, servicing additional regional needs including larger meetings and conferences with capacity for breakout space, in addition to supporting multi-purpose events. However, a comprehensive assessment of the Civic Auditorium is needed to identify the facility’s existing conditions and prioritize and quantify the necessary improvements needed to bring the Civic Auditorium up to today’s venue standards for full utilization.
On July 17, 2024, the City advertised a Request for Proposals (RFP) for the Civic Auditorium Assessment project. On August 26, 2024, eight firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Page and Turnbull, Inc. of San Francisco, CA, to be the most qualified and highest ranked firm.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract, in the amount of $312,167, with Page and Turnbull, Inc. It is anticipated that the Civic Auditorium Assessment will be completed by spring 2026.
DISCUSSION
Background
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File #: 25-0207, Version: 1
The Civic Auditorium is a century-old building of historical significance located at 525 North Center Street (Attachment A). The Civic Auditorium was completed in November 1925 as a tribute to the veterans of World War I. Currently, the facility serves as a multi-purpose venue, hosting community and entertainment events. The Civic Auditorium has the potential to provide more rentable space, servicing additional regional needs, including larger meetings and conferences with capacity for breakout space, in addition to supporting multi-purpose events. However, a comprehensive assessment of the Civic Auditorium is needed to identify the facility’s existing conditions and prioritize the necessary improvements needed to bring the Civic Auditorium up to today’s venue standards and full utilization.
The scope of work for the Civic Auditorium Assessment will generally include structural, theatrical, systemic, economic, and historical evaluations. In addition, a laser scan of the building and other features will be completed to provide a 3D building model that can be used to design future improvements. A prioritized list of projects, together with concept-level estimates, is included in the scope of work. The Civic Auditorium Assessment project will serve as a general planning document that will inform future construction, planning, and operational/maintenance projects.
Present Situation
On July 17, 2024, the City advertised an RFP for professional services of the Civic Auditorium Assessment, Project No. WT24035. On August 26, 2024, eight proposals were received from the following firms:
· Arch Nexus (Sacramento, CA)
· BAR Architects & Interiors (San Francisco, CA)
· ELS Architecture and Urban Design (Berkeley, CA)
· Marcy Wong Donn Logan Architects (Sunnyvale, CA)
· Mark Cavagnero Associates (San Francisco, CA)
· NJA Architecture (Lodi, CA)
· Page and Turnbull, Inc. (San Francisco, CA)
· Thornton Tomasetti, Inc. (San Francisco, CA)
The Selection Committee comprised of Public Works and Economic Development staff evaluated and ranked all proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications and technical ability, project approach, cost estimate, and local preference.
Page and Turnbull, Inc. received the highest ranking, based on the noted criteria, and was determined to be the most qualified firm for this project. Staff negotiated a fee in the amount of $312,167 with Page and Turnbull, Inc., which is reasonable for the scope of work being provided.
It is recommended that Council approve a motion authorizing the City Manager to execute a Professional Services Contract in the amount of $312,167 to Page and Turnbull, Inc. for professional services of the Civic Auditorium Assessment project.
It is anticipated that the Civic Auditorium Assessment will be completed by fall 2026.
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File #: 25-0207, Version: 1
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:
1. The City does not have sufficient staff and expertise to perform the scope of work this project.
2. The scope of work requires an architectural firm experienced in facility conditions assessments for buildings 50 years or older.
3. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
4. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.
FINANCIAL SUMMARY
There are sufficient funds available in the Civic Auditorium Assessment, Project No. WT24035, to award a Professional Services Contract in the amount of $312,167 to Page and Turnbull, Inc. for the Civic Auditorium Assessment, Project No. WT24035.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
Attachment B - Professional Services Contract with Page and Turnbull, Inc.
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City of Stockton
Legislation Text
File #: 25-0280, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE OAK PARK LITTLE LEAGUE PARKING LOT
RESURFACING PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE02-25 under the California Environmental Quality Act for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
2. Approve the plans and specifications for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
3. Award a Construction Contract in the amount of $133,250 to Consolidated Engineering, Inc. of Valley Springs, CA, for the Oak Park Little League Parking Lot Resurfacing, Project No.
WP24044.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The project will resurface the Oak Park Little League parking lot, remove and replace portions of curbs, gutters, and sidewalks, install signage and striping, and install Americans with Disabilities Act (ADA) compliant curb ramps and driveways (Attachment A).
On February 6, 2025, the City received 14 bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, Consolidated Engineering, Inc., in the amount of $133,250. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE02-25 under the California Environmental Quality Act (CEQA), and approving the plans and specifications for the project. Construction is anticipated to begin and be completed by summer 2025, weather permitting.
DISCUSSION
Background
On May 14, 2024, by Resolution No. 2024-05-14-1228, Council allocated $2,000,000 in discretionary funding for various park improvements. The funding provided $224,500 for the Oak Park Little League Parking Lot Resurfacing project. The Little League parking lot on the east end of Oak Park has deteriorated and needs pavement improvements. The Oak Park Little League Parking Lot City of Stockton Page 1 of 3 Printed on 4/23/2025
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File #: 25-0280, Version: 1
Resurfacing project will resurface the parking lot located between the little league baseball fields.
The project scope includes parking lot resurfacing, removal and replacement of failed curbs, gutters, and sidewalk segments, installation of new signage and striping, and installation of ADA compliant curb ramps and driveways (Attachment A).
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the engineer’s estimate is under $1 million.
Present Situation
On January 14, 2025, the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044, was advertised for bids. On February 6, 2025, 14 bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Consolidated Engineering, Inc. $133,250.00 $133,250.00
(Valley Springs, CA)
B&M Civil, LLC $154,885.00 $154,885.00
(Rancho Cordova, CA)
Platinum General Engineering, $155,675.00 $155,675.00
LLC (Modesto, CA)
RNR Paving, Inc. $165,921.00 $165,921.00
(San Ramon, CA)
Tri Valley Excavating Co., Inc. $169,687.00 $169,687.00 (Sunol, CA)
Sierra Asphalt, Inc. $170,960.00 $170,960.00
(Rancho Cordova, CA)
United Pavement Maintenance, $171,045.00 $171,045.00
Inc. (Hughson, CA)
Robert Burns Construction, Inc. $172,861.02 $169,403.80 (Stockton, CA)
APENA Engineering $180,510.00 $180,510.00
(San Leandro, CA)
Tom Mayo Construction, Inc. $189,820.00 $186,023.60
(Stockton, CA)
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File #: 25-0280, Version: 1
D’s General Engineering $193,360.27 $193,360.27
(Oakland, CA)
Soracco, Inc. $206,870.00 $202,732.60
(Lodi, CA)
Dutch Contracting, Inc. $210,370.00 $210,370.00
(Rio Linda, CA)
Saboo, Inc. $322,280.00 $322,280.00
(Brentwood, CA)
Engineer’s Estimate $224,500.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Robert Burns Construction, Inc., Tom Mayo Construction, Inc., and Soracco, Inc. are located within San Joaquin County and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.
The bid from Consolidated Engineering, Inc., the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to Consolidated Engineering, Inc. of Valley Springs, CA, in the amount of $133,250 for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE02-25 under CEQA.
Construction is anticipated to begin and be completed by summer 2025, weather permitting.
FINANCIAL SUMMARY
There is sufficient funding available in the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044, to award a Construction Contract to Consolidated Engineering, Inc. in the amount of $133,250.
There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.
Attachment A - Vicinity Map
City of Stockton Page 3 of 3 Printed on 4/23/2025
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OAK PARK
POSTAL AV
EL DORADO ST
STADIUM DR
UPRR
FULTON ST
ESSEX ST
AMERICAN ST
SONOMA AV
CHURCHILL ST
ALVARADO AV
ELENA LN
HUNTER ST
SUTTER ST
FARGO
CALIF. ST
ATLEE ST
FULTON ST
ARCADE ST
CALIFORNIA ST
GROVE ST
AMERICAN ST
DELIVERY
MONTEREY AV
SAN
MATEO
HUNTER ST
EUCLID AV
STANISLAUS ST
WILSON
SUTTER ST
BARRYMORE ST
ELEMENTARY
STEPHANIE ST
NO
MENDOCINO AV
MONIQUE
WRIGHT AV
CORONADO AV
NOBLE ST
I
BEELER
SUTTER ST
SAN JOAQUIN ST
ESSEX ST
BARRYMORE ST
UPRR
SPIROU ST
MARIPOSA AV
ALPINE AV
DOWNS ST
CORONADO AV
ATLEE ST
ST
ALVARADO AV
Y
SUTTER ST
KNOLES WY
AMELIA DR
0 0.030.06 0.12 0.18
µ
0.24 Miles
Oak Park Little League Parking Lot Resurfacing,
Project No. WP24044
CITY OF STOCKTON
DEPARTMENT OF PUBLIC WORKS
PARKING LOT
LEGEND
Project Limit
ATTACHMENT A
294
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE02-25,
APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE OAK PARK LITTLE LEAGUE PARKING LOT RESURFACING, PROJECT NO. WP24044
On February 6, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044; and
The project will resurface the Oak Park Little League parking lot, remove and replace portions of curbs, gutters, and sidewalks, install signage and striping, and install American with Disabilities Act compliant curb ramps and driveways; and Consolidated Engineering, Inc. is the lowest responsive bidder in the amount of $133,250.00 and its bid is regular in all respects; and The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE02-25 under the CEQA for the Oak Park Little League Parking Lot Resurfacing, Project No.
WP24044, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council approves the plans and specifications for the Oak Park Little League Parking Lot Resurfacing, Project No. WP24044.
3. The City Council awards a Construction Contract between the City of Stockton and Consolidated Engineering, Inc. in the amount of $133,250.00, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
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295
4. 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 29, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
296
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Oak Park Little League Parking Lot Resurfacing, Project No. WP24044 CEQA Exemption File No.: NOE 02-25
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton’s Public Works Department will be performing parking lot resurfacing, removal and replacement of sidewalk, curb, gutter, driveway, and installation of signage and striping located at 3636 Alvarado Avenue, Stockton, CA.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CHAD REED, DIRECTOR February 4, 2025
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Cesar Lopez-Garcia, Project Manager (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 1
297
10/18/23)