City Council and Concurrent Authorities
May 13, 2025

1556
Bond No. 800191296
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: Adrian Langrell, Arturo Ayala, Ben Stong, Benjamin Wolfe, Chelsea Liberatore, Daniel Huckabay, Frank Morones, Magdalena R. Wolfe, Michael D Stong, Shaunna Rozelle Ostrom, each individually if there be more than one named, its true and lawful Attorney-in-Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or unde11aking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the President, any Senior Vice President or Vice-President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-inFact.

Resolved: That the Attorney-in-Face may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Auorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, fu11her, the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof.

This power of attorney is signed and sealed by facsimile under the authority ol the following Resolution adopted by the Board ot Directors ot ATLANTIC SPECIAL TY INSURANCE COMPANY on the twenty-fifth day of September, 2012:

Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any ce11ificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, unde11aking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.

IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company co be affixed this first day of January, 2023.

STATE OF MINNESOTA

HENNEPIN COUNTY
By
Sarah A. Kolar, Vice President and General Counsel
On this first day of January, 2023, before me personally came Sarah A. Kolar, Vice President and General Counsel of ATLANTIC SPECIAL TY INSURANCE COMPANY, to me personally known co be the individual and officer described in and who executed the preceding instrument, and she acknowledged the execution of the same, and being by me duly sworn, that she is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company.

ALISON D. NASH-TROUT

NOTARY PUBLIC - MINNESOTA
My Commission Expires
January 31, 2030 Notary Public
I, the undersigned, Secretary of ATLANTIC SPECIAL TY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set fol1h above are now in force.

Signed and sealed. Dated 28th day of April 2025
This Power of Attorney expires
January 31, 2030
Please direct bond verifications to surety@intactinsurance com Kara L.B. Barrow, Secretary
EXHIBIT 2

1557
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
county of Stanislaus
}
on April 29,2025 before me, Annette M Kinsfater, Notary Public Date Here Insert Name and Title of the Officer
Rodolfo Ruvalcaba - President personally appeared ---------------------------------- Name(s) of Signer(s)
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. �············� , , .... � ,�, ANNmE M. KINSFATER � -� Notary Public • California x i ; Merced County �
� Commission # 2460852 -
,. My Comm. Expires Aug 25, 2027
Place Notary Seo/ ondlor Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

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

Description of Attached Document
Title or Type of Document: Bond for Labor and Material
Document Date: April 28, 2025 Number of Pages: _4 __ _
Signer(s) Other Than Named Above: _N0_0_th__e_r_si
_g_ne_r_s ___________________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: _R _od_o_lf_o_R_u_val_ca_b__a ______ _
Ji( Corporate Officer - Title(s):P_re_s_id_e_n_t ____ _ o Partner - D Limited o General
D Individual
o Trustee
D Other:
□ Attorney in Fact
□ Guardian or Conservator
Signer is Representing: _________ _
Signer's Name:
□ Corporate Officer - Title(s): ______ _
o Partner - o Limited □ General
o Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
@eO(IDl�o/lf a � o : : : o S:Bll o o o o ti( rOOM a a a o a HE EE: E ©2019 National Notary Association
EXHIBIT 2 Page 155 of 155
1558
City of Stockton
Legislation Text
File #: 25-0286, Version: 1

ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES CONTRACT FOR THE SWAIN

ROAD AND MORGAN PLACE ROUNDABOUT PROJECT

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

1. Transfer funds in the amount of $55,582 from the Grant Match, Project No. WT21016, to the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No. CRPL5008(213).

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

3. Award a Professional Services Contract to Siegfried Engineering, Inc. of Stockton, CA, in the amount of $337,530.04 for design of the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No. CRPL-5008(213).

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
Swain Road (two lanes) currently intersects with Morgan Place (two lanes) to form a four-way stop intersection (Attachment A). The Swain Road and Morgan Place Roundabout project will replace the four-way stop with a roundabout and add new Americans with Disabilities Act (ADA) compliant ramps, streetlights, roadway resurfacing, Pan Tilt Zoom (PTZ) cameras, rectangular rapid flashing beacons, curbs, gutters, sidewalks, and a dedicated right-turn lane. The project is being federally funded with Carbon Reduction (CRP) and Congestion Mitigation and Air Quality (CMAQ) Programs administered by Caltrans. The project is included in the 2025-30 Five-Year Capital Improvement Plan (CIP).

On December 10, 2024, the City advertised a Request for Proposals (RFP) for preliminary design and preparation of environmental documents for the Swain Road and Morgan Place Roundabout project. On January 23, 2025, two firms submitted proposals for this project. The Selection Committee evaluated the proposals and found Siegfried Engineering, Inc. to be the most qualified and highest ranked firm.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract, in the amount of $337,530.04, with Siegfried Engineering, Inc. It is also recommended that Council adopt a resolution authorizing the transfer of funds in the amount of City of Stockton Page 1 of 4 Printed on 5/8/2025
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$55,582 from the Grant Match, Project No. WT21016, to the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No. CRPL-5008(123). It is anticipated that the design will be completed by summer 2026.

This project is federally funded and subject to federal Disadvantaged Business Enterprise (DBE) requirements.

DISCUSSION
Background
The CRP/CMAQ Programs are federal programs that fund transportation projects or programs that contribute to the attainment or maintenance of National Ambient Air Quality Standards. In 2019, a “Stockton Traffic Signal, Roundabout, and Protected Left-Turn Phasing Priority Studies Report” was completed by DKS Associates. The report was an update to a previous study conducted in 2008 that identified candidate locations for roundabouts or traffic signals. Swain Road and Morgan Place were identified as a roundabout location based on an intersection control evaluation. In 2023, the City applied for CRP funds to convert the four-way stop-controlled intersection at Swain Road and Morgan Place to a roundabout. The CRP/CMAQ funding application was approved in the total amount of $3,092,000 for design, construction, and administration of the project. The project is included in the proposed 2025-30 Five-Year CIP.

Swain Road (two lanes) currently intersects with Morgan Place (two lanes) to form a four-way stop intersection (Attachment A). The Swain Road and Morgan Place Roundabout, Project No.

WT24047/Federal Project No. CRPL-5008(213), will replace the four-way stop with a roundabout and add new ADA compliant ramps, streetlights, roadway resurfacing, interconnected PTZ cameras, rectangular rapid flashing beacons, curbs, gutters, sidewalks, and a dedicated right-turn lane on Morgan Place going north and turning east onto Swain Road.

The funding is administered by Caltrans who has provided authorization to proceed with design.

Caltrans allocated $429,000 in federal funds for the project. The City required local match is $55,582.

The combined federal and local funding amount of $484,582 will cover the costs for design, administration, and contingency. The need to acquire right of way for the dedicated right-turn lane on the project will be evaluated during design. A separate authorization to proceed with right of way acquisition will be requested from Caltrans if right of way is needed. Public outreach for the project will be performed during the design of the project.

Since the project is funded with federal transportation dollars, DBE program rules apply. DBE rules require that the consultant either meet a calculated project specific DBE participation goal or undertake and document good faith efforts to do so. If the consultant does not meet the project goal, a Good Faith Efforts Evaluation must be made examining several specific factors. Failure to meet the goal or make adequate good faith efforts are grounds for rejecting a consultant’s proposal.

A DBE is a socially and economically disadvantaged small business owned by a woman or by a specified ethnic group that has been properly certified by Caltrans. These groups include:
· African American
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· Asian Pacific American
· Native American
· Women
· Hispanic American
· Subcontinent Asian American
A DBE goal of 12 percent was established for this project. The goal was calculated by examining the breakdown of the types of work to be performed and the availability of certified DBE companies in our market area to perform the work.

The federal funding restrictions prohibit the use of the Local Employment Ordinance (Stockton Municipal Code (SMC) section 3.68.095), and the Local Business Preference Ordinance (SMC section 3.68.090).

Present Situation
On December 10, 2024, the City advertised an RFP for preliminary design and preparation of environmental documents for the Swain Road and Morgan Place Roundabout, Project No.

WT24047/Federal Project No. CRPL-5008(213). On January 23, 2025, two proposals were received from the following firms:
· Siegfried Engineering, Inc. (Stockton, CA)
· Kimley-Horn and Associates, Inc. (Sacramento, CA)
The Selection Committee, comprised of Public Works’ staff, evaluated and ranked the proposals based on each firm’s understanding of work, experience with similar kinds of projects, staff qualifications and technical ability, project approach, and familiarity with federal transportation funding procedures.

Siegfried Engineering, 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 $337,530.04 with Siegfried Engineering, Inc. This fee is approximately 15 percent of the total estimated construction cost, which is reasonable for a project of this type and complexity. Siegfried Engineering, Inc. has proposed a 28 percent DBE participation, which exceeds the DBE goal of 12 percent. A total of $484,582 in federal and local funding is available for design, administration, and contingency costs. The federal funding has been programmed in the 2025-30 Five-Year CIP.

It is recommend that Council adopt a resolution to transfer the local match of $55,582 to the project.

It is also recommended that Council adopt a resolution authorizing the City Manager to execute a Professional Services Contract, in the amount of $337,530.04, with Siegfried Engineering, Inc. for design of the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No.

CRPL-5008(213). It is anticipated that the design will be completed by summer 2026.

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Findings
Pursuant to 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 resources to design this project.

2. The scope of design services requires an engineering firm experienced in the design of roundabouts.

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
With the transfer of funds from the Grant Match, Project No. WT21016, to the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No. CRPL-5008(213), there will be sufficient funding to award a Professional Services Contract to Siegfried Engineering, Inc. in the amount of $337,530.04.

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

Attachment A - Vicinity Map
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ATTACHMENT A
1563
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION TRANSFERRING FUNDS AND AWARDING A PROFESSIONAL

SERVICES CONTRACT FOR THE SWAIN ROAD AND MORGAN PLACE
ROUNDABOUT, PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213) On December 10, 2024, the City advertised a Request for Proposals (RFP) for preliminary design and preparation of environmental documents for the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No. CRPL-5008(213).

Two proposals were received; and
The project will replace the four-way stop with a roundabout and add new Americans with Disability Act compliant ramps, streetlights, roadway resurfacing, Pan Tilt Zoom cameras, rectangular rapid flashing beacons, curbs, gutters, sidewalks, and a dedicated right-turn lane; and
After review of the proposals, it was determined Siegfried Engineering, Inc. to be the most qualified and highest ranked firm. Staff negotiated a fee in the amount of $337,530.04 for design services; and
Caltrans allocated $429,000 in federal funds for the design of the project. The City required local match is $55,582; now, therefore,

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

1. The City Council approves the transfer of funds in the amount of $55,582 from the Grant Match, Project No. WT21016, to the Swain Road and Morgan Place Roundabout, Project No. WT24047/Federal Project No. CRPL-5008(213).

2. The City Council awards a Professional Services Contract between the City of Stockton and Siegfried Engineering, Inc. in the amount of $337,530.04, 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.

3. The City Council approves findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process.

These findings include:
a. The City does not have sufficient staff resources to design this project. 1564
b. The scope of design services requires an engineering firm experienced in the design of roundabouts.
c. 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. d. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

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 May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1565
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)

PROFESSIONAL SERVICES CONTRACT
(for federal aid projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“City”), and SIEGFRIED ENGINEERING, INC. whose address is 3428 BROOKSIDE ROAD, STOCKTON, CA 95219 (“Consultant”) for the SWAIN ROAD AND MORGAN PLACE ROUNDABOUT (PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213), hereinafter referred to as “Project”.

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

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

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

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. Consultant agrees that it shall produce a fully complete project that is acceptable to the City.

2. COMPENSATION. City shall pay Consultant for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishing all staffing and materials called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $337,530.04 or as otherwise mutually agreed to in a Contract Amendment.

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

1566
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)

4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of Stockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Stockton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5. SCHEDULE AND TERM. Consultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit C, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on JUNE 30, 2030, unless extended by mutual agreement through the issuance of a Contract Amendment. a. Invoices submitted by Consultant to City must contain a brief description of work performed, time used and City project number. Payment shall be made within thirty (30) days of approval of invoice by City. b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.

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

1567
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)
discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm .

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit E). The purpose of this policy is to reaffirm the City’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=L AB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PREVAILING WAGE RATES
Consultant and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. Consultant performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime Consultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The Consultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be

1568
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)
obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

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

1569
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix A and E of the Title VI Assurances attached as Exhibit F. f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

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

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

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

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

10. CONTRACT AMENDMENTS. City reserves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by

1570
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)
Consultant. Any such changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

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

12. CONSULTANT STATUS. In performing the obligations set forth in this Contract, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City. Subcontractors shall not be recognized as having any direct or contractual relationship with the City. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of Consultant. The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. If in the performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Consultant.
i. It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and
employment tax purposes for all of Consultant’s personnel. ii. As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based upon any contention by any third party that employer-employee relationship exists by reason of this Contract.

13. ASSIGNMENT. Consultant shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.

Consultant shall be solely responsible for reimbursing subcontractors.

1571
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)

14. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

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

To Consultant: SIEGFRIED ENGINEERING, INC. To City: Public Works Director 3428 BROOKSIDE ROAD City of Stockton
STOCKTON, CA 95219 22 E. Weber Ave.,Rm. 301
Stockton, CA 95202

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

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

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

Consultant agrees to maintain such records for a period of three years from the date that final payment is made.

18. CONFIDENTIALITY. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

19. CONFLICTS OF INTEREST. Consultant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of Consultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.

1572
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)

20. WAIVER. In the event either City or Consultant at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

21. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

22. NO PERSONAL LIABILITY. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount due Consultant.

23. INTEGRATION AND MODIFICATION. The response by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals. This Contract represents the entire integrated agreement between Consultant and City, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by Consultant and City. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

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

25. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

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

27. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

1573
Professional Services Contract – SIEGFRIED ENGINEERING, INC.

PROJECT NO. WT24047/FEDERAL PROJECT NO. CRPL-5008(213)
(Updated 10/18/23)
CITY OF STOCKTON SIEGFRIED ENGINEERING, INC.

By: By:

STEVE COLANGELO Signature

INTERIM CITY MANAGER
ATTEST:

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

CITY CLERK
APPROVED AS TO FORM:

By: _

ASSISTANT CITY ATTORNEY
Adam Merrill Vice President

1574
Task 1.1 Background Research
Siegfried will research and review existing topographic mapping, photos, right of way maps, “as-built” plans, record maps, surveys, assessor maps, local street improvement plans, collision reports, sight distance, approach speed, total pedestrians and vehicle volumes, public transit routes, grade, need of advance warning signs and flashers, and other geometrical and operational characteristics for the project.

Siegfried will conduct a field topographic survey of the intersection and 350 feet in each direction including the mapped right of way at 20 scale. The remainder of the corridor for the fiber interconnect will be provide by 60 scale aerial photography. An optional task of preparing one (1) plat and legal for right of way acquisition is also included if the City were to need it.

Siegfried will work with all pertinent utilities to identify conflicts, coordinate utility plan reviews, conduct necessary coordination meetings, and locate designed improvements as required to facilitate any utility relocations. Siegfried will need to coordinate with the City to the maximum extent possible to route this information to utility companies. Siegfried must show all existing utilities that will be impacted or cause impact by the proposed project.

Siegfried is responsible for arranging and coordinating with all utility companies, within the project sphere, to resolve any utility issues.

Siegfried will conduct field reconnaissance of the entire project limits including but not limited to:
i. Reviewing existing street lighting and fiber optic as-builts, collision reports, pedestrian, and vehicle volumes (if available), sight distance, truck and bus routes, and approach speeds.
ii. Observation of the traffic patterns, identify existing street lighting infrastructure, and existing conduit and fiber optic pull boxes within our project limits. iii. Obtaining intersection volumes during the school year including auto, pedestrian, and bicycle volumes during the weekday a.m., afternoon school pick-up, and p.m. peak hours.

Siegfried will identify required permits, prepare all permit applications, and assist the City with negotiations relative to permit conditions, if required, permit fees will be paid by the City.

Task 2.1 Environmental Services:

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The City will be responsible for mailing, delivering, and distributing to appropriate Agencies and Stakeholders to obtain environmental clearance.

Air Quality Conformity
ESA will complete Interagency Consultation (IAC) for PM10/PM2.5. This will consist of preparation of a San Joaquin Valley Hot Spot Checklist for Interagency Consultation and project presentation materials for submittal to the San Joaquin Valley Project-Level Conformity Working Group. ESA will submit the required materials to the Working Group for public circulation, and attend the Working Group meeting to present the project.

Following completion of the IAC process, ESA will prepare a Caltrans-format Air Quality Conformity Findings Checklist to document the project’s conformity with federal air quality requirements, including the conclusions of the IAC process.

Phase I Initial Site Assessment:

ESA will prepare a Phase I Initial Site Assessment (Phase I ISA) in general accordance with the Caltrans SER Chapter 10 requirements and the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E1527-21), and the U.S. Environmental Protection Agency (EPA) Final Rule regarding Standards and Practices for All Appropriate Inquiries (70 Federal Register [FR] 66070, July 1, 2005; 40 Code of Federal Regulations [CFR] Part 312) (AAI Rule). To support completion of the Phase I ISA, ESA will review regulatory agency and other records to help identify site conditions, conduct a physical setting review, review historic land use, conduct a site reconnaissance and vicinity survey, and conduct interviews of past and present owners or occupants of the subject property, if possible.

Following these investigations, ESA will prepare a Phase ISA Report to document the results of the investigations and recommendations. The report will include findings, opinions, conclusions, and significant data gaps, if any, that could affect the identification of Recognized Environmental Conditions at the subject property. If the ISA identifies any such gaps in the records, they will be disclosed and discussed, including by identifying sources consulted to address them and comment upon their significance with regard to the ability to identify conditions indicative of releases and threatened releases of hazardous substances on, at, in, or to the subject property. The Phase I ISA will include illustrations and pertinent regulatory agency documentation regarding the subject property.

Community Impacts Assessment Memo:

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ESA will prepare a Community Impact Assessment Memo to describe potential project effects to community resources, including from temporary traffic detours, utility relocations, right-of-way acquisitions and reductions in parking. Recommendations for avoidance and minimization measures will be included, as needed, to minimize potential effects.

Environmental Commitments Record and NEPA CE Form:

If desired by the City following Caltrans approval of the technical studies described above, ESA will prepare an Environmental Commitments Record (ECR) and a Categorical Exclusion/Categorical Exemption Form (CE/CE Form) for Caltrans’ use in approving NEPA for the project, and coordinate with Caltrans to obtain their approval of the NEPA CE determination.

Deliverables:
- San Joaquin Valley Hot Spot Checklist for Interagency Consultation, San Joaquin Valley Project-Level Conformity Working Group project presentation, attendance at San Joaquin Valley Project-Level Conformity Working Group meeting, and Caltrans Air Quality Conformity Findings Checklist.
- Phase I Initial Site Assessment
- Community Impacts Assessment Memo
- OPTIONAL Environmental Commitments Record and NEPA CE/CE Form - Environmental elements of project schedule, monthly status reports and budget management, including monthly invoices with environmental Progress Reports.

ASSUMPTIONS:
• Unless otherwise specified, each deliverable will be reviewed up to four times as follows: 1) design team/prime review; 2) City of Stockton staff first review; 3) Caltrans first review; 4) Caltrans final review/approval. Reviews by multiple people/divisions within each agency will be consolidated into a single, compiled set of reviews for each agency before providing comments to ESA. • All deliverables will be provided in electronic format, unless otherwise specified.

Electronic format will include PDF and/or Microsoft Word. Accessible formatting pursuant to the Revised Section 508 standards of the federal Rehabilitation Act of 1973 will not be required.

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• Technical reports and consultations will be completed pursuant to Caltrans templates and applicable guidance and regulations current as of the date of this proposal submittal (January 2025). If guidance or regulations that affect ESA’s scope of work change prior to final approval of documents, ESA will notify Siegfried and the City of Stockton immediately and additional services will be provided under an amended contract.
• Air Quality Conformity Interagency Consultation will be completed via a Zoom meeting, and no public comments or Conformity Working Group comments will be received on the project. It is assumed that the project will not be a Project of Air Quality Concern (POAC).

Task 3.1 - Utility Coordination:
• Siegfried will be responsible for performing utility investigations and coordination with utility owners throughout the project development process. Siegfried will be present at all necessary meetings with each utility owner. Siegfried will be responsible for, but not limited to, the following:
• - Prepare a project limits map and request utility information from each utility owner within the area of work.
• Preparing Utility Letter “A” during preliminary design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners.

Information on existing utilities obtained as a result of the “A” letter will be transferred to base maps in both plan and profile view. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
• Preparing Utility Letter “B” during 65% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of halfsized 65% plans will be provided to each utility owner as an attachment to the letter.

The letter will request that utility owners verify any utility conflicts with proposed improvements and indicate whether any future utilities are proposed in the area that may require accommodation through the improved area. Information on existing utilities obtained as a result of the “B” letter will be used to determine potential utility conflicts and to resolve the conflicts identified. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
• Preparing Utility Letter “C” during 100% design phase to the affected utility owners for City to review and approve prior to transmitting to utility owners. Two sets of halfEXHIBIT A Page 13 of 72 EXHIBIT 1 1578
sized 100% plans will be provided to each utility owner as an attachment to the letter. The letter will indicate to the utility owners whether any changes have been made to the project plans since the Utility Letter “B” and will request written confirmation of utility relocations and utility relocation schedule. A copy of the utility data obtained from utility owners will be provided to the City and the originals will be filed in the project files.
• Utility GPR locating in areas where pole foundations and deep excavations are required is included. Up to two days of locating are included in the scope of work.

Task 4 - Plans, Specifications, and Estimate (PS&E):

Siegfried will prepare complete PS&E documents, which include design improvement plans, traffic control plans, electrical plans, drainage plans, technical specifications, and engineer’s estimate. The PS&E’s will be prepared according to the City’s standards and current CA MUTCD, as appropriate. Siegfried will use roundabout modeling software to determine acceptable Level of Service (LOS) and geometric layout and submit recommendations to City for concurrence. Siegfried will prepare a base map showing existing information to facilitate the design of the necessary improvements. The base map limits will be sufficient to cover the necessary improvements within the project area.

Improvement plans for roundabout, striping, roadway, drainage, electrical, erosion control and or water pollution prevention and miscellaneous plans will be submitted for review to the City at 30%, 65%, 90% and 100% completion stage. Siegfried will provide one electronic (PDF format) and ten (10) hard copy sets of PS&E (1 - 24” x 36” plan sets and 9 half-scale plan sets on 11” x 17”) at each design stage to the City for review and comments.

With each stage, the review comments from the previous stage will be itemized and a written response to each will be prepared in a comment matrix. The original red-line comments from the reviewing agency will be returned with the succeeding submittal.

Siegfried will provide a project specification outline and project estimates at the 65% submittal and complete project estimate and specification at 100% submittal. A 100% check print must be submitted for review by staff prior to a 100% set of plans being plotted on mylars.

Task 4.1 Preliminary 30% Design
At a minimum the 30% design will include a basic geometric configuration of roadway striping layouts, curb alignments at round corner improvements, and typical cross sections. Siegfried will consider turning motions of Lincoln Unified School District, EXHIBIT A Page 14 of 72 EXHIBIT 1
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Stockton Fire Department, San Joaquin Regional Transit District, and Stockton Waste Management vehicles, as well as semitrucks with trailers when designing the project.

Any utility conflicts will be identified. If appropriate, the conflicts will be forwarded to the affected utility for further action.

The design team and City staff will collaborate to define the critical factors that could influence the roundabout layout and footprint, with a focus on identifying any existing physical elements (such as major utilities or specified areas of right-of-way acquisition) to be avoided. The intent of the roundabout is to fit within the existing curb to curb and right of way width. Preferred design treatments to accommodate bicyclists such as wide peripheral pathways will also be identified with City Staff, since such decisions may play a major role in the intersection's overall footprint and geometry, movements that must accommodate large design vehicles will also be confirmed. Designated truck routes will not be considered for WB-60 or STAA large size vehicle movements as the roadways leading to this intersection do not support those larger vehicles.

The team will perform a traffic operational analysis for the intersection using Synchro or SIDRA roundabout software. The team will prepare a traffic analysis technical memorandum summarizing existing traffic operation including level of service (LOS) and queuing, roundabout level of service (LOS) and queuing projections under the following scenarios:
• Existing school year volumes during the a.m. peak hour, afternoon school release peak hour, and p.m. peak hour
• Future volumes as developed from available sources or growth factors The design will be consistent with state-of-the-practice roundabout design methods and will include the locations of curbs, striping, median and splitter islands, truck apron(s), the central island, pedestrian facilities, and bicycle facilities. The layout will be carried through transitions to tie in points on the existing roadways. The 30% plans will address all operational and design elements such as lighting, pole locations, drainage, curbing, and traffic control concepts, in sufficient detail to prepare a detailed engineers estimate of the project costs.

Deliverables: Draft and Final Electronic format of the Traffic Analysis tech memo, 30% plans, engineers estimate.

Task 4.2 - PS&E (65% Complete)
At a minimum the design will be developed to adequately identify locations of utilities, right-of-way, geometric features, and other design elements. Project estimates and EXHIBIT A Page 15 of 72 EXHIBIT 1
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specifications will be included at this stage. 65% plans will be prepared for the various aspects of the design, as indicated below:
a. Adjustments to the geometry for the roundabout based on the City’s review of the initial 30% concept plan will be prepared in AutoCAD and provided to the City for input and review.
b. Topography and demolition plans.
c. Grading and drainage plans.
d. Paving and Geometric plans.
e. Signing and striping plans will be prepared using CAMUTCD and Caltrans Standard Plans at a 1”=40’ scale for both locations illustrating the signing, striping, pavement markings and 200’ from the intersection. Callout striping details and quantities will be shown on the 65% submittal.
f. RRFB poles will be shown on the signing and striping plans. RRFB details will be prepared at this submittal.
g. A photometric analysis will be conducted using Visual lighting software for the roundabout based on ANSI/IES RP-8-22 guidelines. A photometric exhibit will be provided to the City for their review.
h. Street light poles, service equipment enclosures will be included on the plans. The level of detail will be sufficient for decision-making and cost estimating, but details that are unnecessary will not be included so that such work would not be wasted if the design subsequently changes.
i. Traffic Control and Detour Plan
j. ITS plans will be prepared at a 1”=40’ scale illustrating the fiber interconnect conduit runs and the PTZ camera pole location. Fiber splice diagrams will be prepared at the 65% submittal stage.
k. A preliminary construction cost estimate will be prepared for the project. l. A roundabout performance technical memorandum will be prepared containing a summary of design vehicle maneuverability and fastest-path evaluations, including exhibits.
m. Deliverables to be included in the 65% submittal include geometric alignment design layout sheets, photometric analysis exhibits, street lighting layout sheets, signing and EXHIBIT A Page 16 of 72 EXHIBIT 1
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striping sheets, paving and grading sheets, underground sheets, and a roundabout performance technical memorandum.
n. Fiber optic splice diagrams will be prepared for the connection of the fiber cable to the existing fiber network.
o. Technical specifications for the roadway, underground, ITS, RRFB, lighting and signage and striping work will be prepared based on the Caltrans Special Provisions and modified to meet the City requirements.
p. As soon as concurrence with the street lighting pole layouts are received from City staff, the location of the service cabinet will be coordinated with PG&E to obtain a service point. This service cabinet will also provide power to the PTZ camera. Preparation of a request or application is assumed as part of the scope of work, but any fees owed to PG&E would be City responsibility.

Task 4.3 - PS&E (90% Complete)
The review comments from the 65% submittal will be itemized and a written response to the comments will be prepared in a comment matrix. The original red-line mark-up from the City will be returned with the succeeding submittal.

Task 4.4 - Final PS&E (100% COMPLETE)
Complete design revisions from PS&E 90% design. Detailed project estimates and specifications will be included at this stage. This is the final design, including final construction staging and work zone traffic control, and utility coordination.

Siegfried will provide the necessary final PS&E documents in a bid-ready form. Project files and the Project Engineer’s/Resident Engineer’s file will also be submitted with the Final PS&E.

Task 4.5 - Quality Control
The PS&E will be subject to quality control reviews before submittal. These reviews will ensure conformance to City and Caltrans Standards, as well as minimize graphical inconsistencies. Siegfried will provide a signed Quality Control Checklist at the time of each deliverable submittal.

The PS&E will be subject to quality control reviews before submittal. These reviews will aid with conformance to the City and Caltrans Standards as well as minimize graphical inconsistencies.

Task 4 - Public Outreach
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Siegfried will research and develop a coded database of potentially interested parties, which will be updated throughout the project with names from the public meeting(s) signin; information from the project team; and from telephone, e-mail and personal contacts.

The database will be coded according to interest and involvement with the project. Among the groups on the stakeholders list will be the following:
• District 3 Council member and other elected and appointed officials • Residents and property owners adjacent to the proposed project area • Businesses and other establishments adjacent to the project area • Emergency responders
• School District
• Public Transit
• Utility Companies
• Pertinent City staff
There will be a minimum of two (2) Public Information Meetings to present concepts and design features to the neighboring residents and businesses, and to the public. Siegfried in collaboration with City staff will determine the locations near the project site to have each meeting. The meeting(s) will be designed primarily to provide information on the project features, goals, and construction impacts.

Siegfried will schedule the meeting(s) and make all meeting arrangements; write, design, and issue meeting notices by first-class mail to stakeholders and by third-class mail to nearby residents; prepare agendas, sign-in sheets, comment sheets, signage, and other print materials; facilitate meeting proceedings; assist with exhibits and a PowerPoint presentation to illustrate concepts and plan elements; provide refreshments; record public comments/assist with appropriate responses; and prepare a detailed meeting report. The meeting should be scheduled after the 30% plans and environmental documents have been prepared.

Task 5 - Coordination/Meetings:

Siegfried will attend a design kick-off meeting and other subsequent meetings with the City (in-person or virtual), as needed, to finalize the design. Siegfried will attend a preconstruction meeting, a post construction meeting, and meet and assist staff during construction as required.

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Siegfried will prepare and provide a comprehensive schedule to reflect the timeframe for each stage/task of the proposed scope of work, utilizing Microsoft Project. The project schedule will show a base line, tasks, duration, milestones, assignments, critical paths, and other relevant data. The project schedule will be maintained and updated monthly throughout the PS&E phase of the project.

Task 6 - Design Support During Construction:

As part of the proposal, Siegfried will include bid support services that consist of assisting the City in responding to all Requests for Information (RFI) during the project advertisement phase. Siegfried will also include services for design support during construction. These services include responding to all RFI(s), submittal reviews and approval, altering project plans to address clarifications needed, attendance of the pre-construction meeting, consultation with the construction contractor, and preparation of record drawings.

Siegfried will prepare record drawings upon project completion. As-built record drawings will reflect change orders, accommodations, and adjustments to all improvements constructed. Prior to accepting the As-Built Plans, City staff will review the Record Drawings and electronic files to confirm that they reflect what has actually been constructed. Electronic files of the As-Built drawings (in standard PDF or TIF format at 300dpi resolutions settings) and CAD (DWG or DXF format) will be provided in addition to the original As-Built mylars.

Siegfried can assume that the City will perform the construction management in-house which includes resident engineer and inspection duties.

Task 7 - Preserving and Perpetuating Survey Monuments
Siegfried will identify, list, tie out/perform construction staking of survey monuments, and show existing survey monuments on construction plans. Siegfried will include language in the PS&E package to preserve all monumentation affected by the work being performed in accordance with Section 8771 of the Professional Land Surveyors Act in the Business and Professionals Code of the State of California. Siegfried will sign the Acknowledgement of Monument Preservation.

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Task Description
Managing Principal QA/QCPrincipal Civil PMPrincipal SurveyPrincipal GeotechDesign PrincipalProject EngineerAssociate Public OutreachEngineer IISurveyor IIEngineer ILandscape Architect IITechnician IIITechnician IIParty ChiefTotal HoursTotal Consultant CostPrincipal Consultant 4Environmental Planner 5Environmental Planner 3Principal Consultant 3Principal Consultant 2GISEditor/PubsProject AccountantTotal HoursTotal Consultant CostProject ManagerPIC-QA/QCSenior Project ManagerTraffic OperationsLead EngineerTransportation Engineer ITransportation Engineer IITotal HoursTotal Consultant Cost Totals
Hourly Rate* 306.72 $ 290.50 $ 290.50 $ 290.50 $ 221.19 $ 134.19 $ 156.31 $ 122.39 $ 113.54 $ 113.54 $ 84.05 $ 101.75 $ 74.47 $ 247.73 $ 297.00 $ 189.00 $ 126.00 $ 255.00 $ 229.00 $ 167.00 $ 167.00 $ 138.00 $ 252.85 $ 300.02 $ 257.90 $ 215.74 $ 192.88 $ 114.19 $ 131.84 $

1.1 Review Prior Documentation 2 16 4 8 30 6,361.52 $

1.2 Topographic and Boundary Survey 2 6 4 8 4 8 4 9 36 81 15,197.87 $ and Legals)

1.3 Right of Way Acquisition (Preparing Plats 4 8 8 20 2,666.08 $

1. Geotechnical Site Visit 2 2 581.00 $

1.5 30% Concept Design and Budgets 2 8 2 3 30 47 30 6 51 30 209 25,293.89 $ 16 8 16 24 60 100 224 34,225.16 $

1.6 City Review of 30% and Budget 4 8 20 16 2 6 3 59 7,501.97 $

1.7 Finalize Project Scope and Budget 4 8 20 16 6 2 56 7,259.40 $ Subtotal - Task 1 2 20 26 4 3 54 0 95 12 70 8 67 60 36 457 16 0 8 16 24 60 100 224 $ 34,225 Total Cost $613.44 $5,810.00 $7,553.00 $1,162.00 $663.57 $7,246.26 $0.00 $11,627.05 $1,362.48 $7,947.80 $672.40 $6,817.25 $4,468.20 $8,918.28 $64,861.73 $4,045.60 $0.00 $2,063.20 $3,451.84 $4,629.12 $6,851.40 $13,184.00 $99,086.89

2.1 Air Quality Conformity 0 - $ 8 40 4 6 58 11,442.00 $

2.2 Phase I ISA 0 - $ 4 40 2 4 2 52 12,848.00 $

2.3 Community Impacts Assessment
Memo 0 - $ 6 32 4 8 4 54 10,338.00 $

2.4 Coordination/Meetings 10 10 2,905.00 $ 16 16 6 38 7,596.00 $ & NEPA CE Form
Optional 2.5 Environmental Commitments Record 0 - $ 4 10 14 3,078.00 $ Subtotal - Task 2 0 10 0 0 0 0 0 0 0 0 0 0 0 0 10 38 82 24 40 2 12 12 6 216 Total Cost -$ 2,905.00 $ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ $ 2,905 11,286.00 $ 15,498.00 $ 3,024.00 $ 10,200.00 $ 458.00 $ 2,004.00 $ 2,004.00 $ 828.00 $ $ 45,302 $ 48,207 Utility Coordination 4 4 8 11 12 18 57
Subtotal - Task 3 0 4 0 0 0 4 0 8 0 11 0 12 18 0 57 $ 0 Total Cost -$ 1,162.00 $ -$ -$ -$ 536.76 $ -$ 979.12 $ -$ 1,248.94 $ -$ 1,221.00 $ 1,340.46 $ -$ 6,488.28 $ $ 6,488 65% PS&E 4 19 2 5 68 36 32 14 80 260 34,914.27 $ 16 40 80 136 20,896.00 $ 90% PS&E 4 8 2 2 28 18 14 6 24 106 15,070.46 $ 16 32 40 88 14,785.36 $ 100% PS&E 4 8 2 2 10 13 12 4 8 63 10,019.91 $ 8 20 32 60 9,534.48 $ QC 4 8 2 4 18 5,016.64 $ 24 24 7,200.48 $
Subtotal - Task 4 16 43 0 8 13 106 0 67 0 58 24 112 0 0 447 40 24 0 0 92 152 0 308 Total Cost 4,907.52 $ 12,491.50 $ -$ 2,324.00 $ 2,875.47 $ 14,224.14 $ -$ 8,200.13 $ -$ 6,585.32 $ 2,017.20 $ 11,396.00 $ -$ -$ 65,021.28 $ 10,114.00 $ 7,200.48 $ -$ -$ 17,744.96 $ 17,356.88 $ -$ 52,416.32 $ 117,437.60 $ Outreach & Meetings 2 21 32 10 9 10 84 14,600.21 $
Subtotal - Task 5 2 21 0 0 0 0 32 10 0 0 0 9 10 0 84
Total Cost 613.44 $ 6,100.50 $ -$ -$ -$ -$ 5,001.92 $ 1,223.90 $ -$ -$ -$ 915.75 $ 744.70 $ -$ $ 14,600 $ 14,600 Meetings & Management 4 27 8 39 4
Subtotal - Task 6 4 27 0 0 0 8 0 0 0 0 0 0 0 0 39 4 0 0 0 0 0 0 4 Total Cost 1,226.88 $ 7,843.50 $ -$ -$ -$ 1,073.52 $ -$ -$ -$ -$ -$ -$ -$ -$ $ 10,144 1,011.40 $ -$ -$ -$ -$ -$ -$ $ 1,011 $ 11,155 ESDC 14 24 16 15 40 109 15,018.90 $ 8 16
As-Builts 1 4 4 6 15 1,998.06 $
Subtotal - Task 7 0 15 0 0 0 28 0 20 0 21 0 40 0 0 124 8 0 0 0 16 0 0 24 Total Cost -$ 4,357.50 $ -$ -$ -$ 3,757.32 $ -$ 2,447.80 $ -$ 2,384.34 $ -$ 4,070.00 $ -$ -$ $ 17,017 2,022.80 $ -$ -$ -$ 3,086.08 $ -$ -$ 5,108.88 $ $ 22,126 Preserving Survey Monuments 2 4 6
Subtotal - Task 8 0 0 2 0 0 0 0 0 0 0 0 0 0 4
Total Cost -$ -$ 581.00 $ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 990.92 $ $ 1,572 Total Hours 24 140 28 12 16 200 32 200 12 160 32 240 88 40 1224 38 82 24 40 2 12 12 6 216 68 24 8 16 132 212 100 560 Total Cost 7,361.28 $ 40,670.00 $ 8,134.00 $ 3,486.00 $ 3,539.04 $ 26,838.00 $ 5,001.92 $ 24,478.00 $ 1,362.48 $ 18,166.40 $ 2,689.60 $ 24,420.00 $ 6,553.36 $ 9,909.20 $ $ 182,609 11,286.00 $ 15,498.00 $ 3,024.00 $ 10,200.00 $ 458.00 $ 2,004.00 $ 2,004.00 $ 828.00 $ $ 45,302 17,193.80 $ 7,200.48 $ 2,063.20 $ 3,451.84 $ 25,460.16 $ 24,208.28 $ 13,184.00 $ $ 92,762 $ 320,673 Mailers - Task 5 $400
Mileage - Task 1 $157
Utility Locating - Task 3 $8,500
Coring - Task 1 $2,500
Rental Space - Task 5 $3,000
Travel & Data Collection TJKM - Taak 1 $2,300 $2,300
Subtotal - ODC $14,557.00 0 0 0 0 0 0 $ 14,557
Total Cost All Tasks 197,166.28 $ 45,302.00 $ $95,061.76 $337,530.04 Hourly Rate* should include fringe benefits and indirect cost associated per employee Other Direct Costs
Task 8 - PRESERVING & PERPETUATING SURVEY MONUMENTS
Task 7 - DESIGN SUPPORT DURING CONSTRUCTION
Task 6 - COORDINATION/MEETINGS
Task 5 - PUBLIC OUTREACH
Task 4 - PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E):

Task 3 - UTILITY COORDINATION

CITY OF STOCKTON - DESIGN CONSULTANT FEES
PROJECT NAME: Swain and Morgan Place Roundabout, PROJECT NO: WT24047 Task 2 - ENVIRONMENTAL SERVICES
Task 1 - BACKGROUND RESEARCH AND 30% DESIGN

TJKM ESA

EXHIBIT B

EXHIBIT 1
1585
ID Task Name Duration Start Finish Predecessors
1 CRPL-5008(213)Swain and Morgan Roundabout (WT24047 & 515 days Mon 7/7/25 Fri 6/25/27 2 City Issues NTP 0 days Mon 7/7/25 Mon 7/7/253 Project Kickoff Meeting 2 days Thu 7/10/25 Fri 7/11/25 2FS+3 days 4 Background Research and 30% Design 105 days Mon 7/14/25 Fri 12/5/25 5 Review Prior Documentation 15 days Mon 7/14/25 Fri 8/1/25 3 6 Topographic and Boundary Survey 30 days Mon 8/4/25 Fri 9/12/25 57 Geotechnical Investigation 30 days Mon 8/4/25 Fri 9/12/25 58 30% Concept Design and Budgets 30 days Mon 9/15/25 Fri 10/24/25 79 City Review of 30% and Budget 15 days Mon 10/27/25 Fri 11/14/25 8 10 Finalize Project Scope and Budget 15 days Mon 11/17/25 Fri 12/5/25 911 Public Outreach 95 days Mon 8/4/25 Fri 12/12/25 12 Stakeholder ListCreate Public Outreach Plan and 10 days Mon 8/4/25 Fri 8/15/25 5 13 City Review of Public Outreach Plan 5 days Mon 8/18/25 Fri 8/22/25 12 14 Send Meeting Notice #1 10 days Mon 9/15/25 Fri 9/26/25 13FS+15 days 15 Informational Meeting #1 0 days Fri 9/26/25 Fri 9/26/25 14 16 Send Meeting Notice #2 10 days Mon 12/1/25 Fri 12/12/25 15FS+45 days 17 Informational Meeting #2 0 days Fri 12/12/25 Fri 12/12/25 16 18 Traffic StudyPreliminary Environmental Study (PES) and 61 days Mon 8/4/25 Mon 10/27/25 19 Prepare Studies 61 days Mon 8/4/25 Mon 10/27/2520 Community Impacts 61 days Mon 8/4/25 Mon 10/27/2528 Hazardous Materials/Waste 61 days Mon 8/4/25 Mon 10/27/2536 Air Quality Memo 54 days Mon 8/4/25 Thu 10/16/2544 Project Plans, Estimate and Specifications 135 days Mon 12/8/25 Fri 6/12/2645 65% PS&Es 50 days Mon 12/8/25 Fri 2/13/2646 Prepare for 60% PS&Es 30 days Mon 12/8/25 Fri 1/16/26 10 47 Agency Review 20 days Mon 1/19/26 Fri 2/13/26 4648 Send Utility B Letters 0 days Fri 2/13/26 Fri 2/13/26 4749 90% PS&Es 50 days Mon 2/2/26 Fri 4/10/26 50 Prepare for 90% PS&Es 30 days Mon 2/2/26 Fri 3/13/26 47FS-10 days 51 Agency Review 20 days Mon 3/16/26 Fri 4/10/26 50
52 100% PS&Es 30 days Mon 3/30/26 Fri 5/8/26
53 Prepare for 100% PS&Es 15 days Mon 3/30/26 Fri 4/17/26 51FS-10 days 54 Agency Review 15 days Mon 4/20/26 Fri 5/8/26 53
55 Final PS&Es 25 days Mon 5/11/26 Fri 6/12/26
56 Prepare for Final PS&Es 10 days Mon 5/11/26 Fri 5/22/26 54 57 Agency Review 15 days Mon 5/25/26 Fri 6/12/26 5658 Bidding and Award 90 days Mon 6/15/26 Fri 10/16/26 59 Bid Package Preparation 20 days Mon 6/15/26 Fri 7/10/26 57 60 Bidding 30 days Mon 7/13/26 Fri 8/21/26 5961 Bid Opening 0 days Fri 8/21/26 Fri 8/21/26 6062 Contract Negotiations and Council Approval 40 days Mon 8/24/26 Fri 10/16/26 6163 Construction NTP 0 days Fri 10/16/26 Fri 10/16/26 6264 Construction 180 days Mon 10/19/26 Fri 6/25/27 63 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 2025 2026 202 7
Rolled Up TaskSummaryMilestoneCritical TaskTask
External TasksSplitRolled Up ProgressRolled Up MilestoneRolled Up Critical Task Inactive SummaryInactive MilestoneInactive TaskGroup By SummaryProject Summary Start-onlyManual SummaryManual Summary RollupDuration-onlyManual Task Manual ProgressDeadlineProgressFinish-only

PROJECT SCHEDULE
Swain and Morhgan Roundabout WT24047 & CRPL-5008(213)

STOCKTON, CALIFORNIA
Mon 3/24/25 1 of 1
Date: Mon 3/24/25Project: Swain and Morgan Roundabo

EXHIBIT C

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EXHIBIT 1
REV 2024-03-25
Insurance Requirements
Swain Road and Morgan Place Roundabout
Project No WT24047/Federal Project No. CRPL-5008(213)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

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

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

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

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

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $5,000,000 per occurrence or claim, $5,000,000 aggregate.

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

Other Insurance Provisions
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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 operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Waiver of Subrogation
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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. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:

1. 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.

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

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
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APPENDIX A of the Title VI Assurances
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment.

CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information. e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

EXHIBIT F Page 40 of 72 EXHIBIT 1
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i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii. cancellation, termination or suspension of the Agreement, in whole or in part. Page 34 of 39 May 2023 Local Assistance Procedures Manual Exhibit 10-R A&E Boilerplate Agreement Language
f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

EXHIBIT F Page 41 of 72 EXHIBIT 1
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Appendix E of the Title VI Assurances
(US DOT Order 1050.2A)
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to:

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

EXHIBIT F Page 43 of 72 EXHIBIT 1
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Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

May 2023
+Federal-Aid Consultant Contract Provisions

SWAIN ROAD AND MORGAN PLACE ROUNDABOUT
City Project No. WT24047/Federal-Aid Project No. CRPL-5008(213)

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION.................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS..................................................................... 4 ARTICLE III STATEMENT OF WORK ................................................................................................... 4 ARTICLE IV PERFORMANCE PERIOD ................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS........................................................................... 6 ARTICLE VI TERMINATION................................................................................................................ 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ................................... 11 ARTICLE VIII RETENTION OF RECORD/AUDITS.............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES..................................................................................... 12 ARTICLE X SUBCONTRACTING........................................................................................................ 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES............................. 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................. 16 ARTICLE XIII CONFLICT OF INTEREST ............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION........................ 19

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING.................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE ................... 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION .................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................. 22 ARTICLE XIX INSURANCE................................................................................................................. 28 ARTICLE XX FUNDING REQUIREMENTS.......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS..................................................................................................... 29 EXHIBIT G Page 44 of 72 EXHIBIT 1
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Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

May 2023
ARTICLE XXII CONTINGENT FEE...................................................................................................... 29 ARTICLE XXIII DISPUTES .................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ............................................................................................ 30 ARTICLE XXV SAFETY ...................................................................................................................... 30 ARTICLE XXVI OWNERSHIP OF DATA ............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............. 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA.................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION ..................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT............................................................................... 33 ARTICLE XXXI PROMPT PAYMENT .................................................................................................. 33 ARTICLE XXXII TITLE VI ASSURANCES........................................................................................... 33 ARTICLE XXXIII NOTIFICATION......................................................................................................... 38 ARTICLE XXXIV CONTRACT ............................................................................................................. 38 ARTICLE XXXV SIGNATURES........................................................................................................... 39 Additional California Department of Transportation (Caltrans) Exhibits Incorporated:

Exhibit 10-O2 “Consultant Contract Disadvantaged Business Enterprise Commitment” EXHIBIT G Page 45 of 72 EXHIBIT 1
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Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language

May 2023

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

The name of the “CONSULTANT” is as follows:

SIEGFRIED ENGINEERING, INC.

Incorporated in the State of CALIFORNIA
The Project Manager for the “CONSULTANT” will be
ALEJANDRO MARTINEZ ROMERO The name of the
“LOCAL AGENCY” is as follows:

CITY OF STOCKTON
The Contract Administrator for LOCAL AGENCY will be ALEJANDRO MARTINEZ ROMERO B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated 01/23/2025. The approved CONSULTANT’s Cost Proposal is attached hereto Exhibit B and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

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

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

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

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

EXHIBIT G Page 46 of 72 EXHIBIT 1
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A&E Boilerplate Agreement Language

May 2023
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

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

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

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

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

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

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
See Exhibit A, Scope of Services of the Professional Services Contract.

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

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

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

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

F. Conferences, Site Visits, Inspection of Work
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CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.

H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

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

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

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on _______________, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on 06/30/30, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

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B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $337,530.04. The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

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

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

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

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

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

CITY OF STOCKTON/ALEJANDRO MARTINEZ ROMERO
22 EAST WEBER AVENUE, ROOM 301, STOCKTON, CA 95202
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $337,530.04.

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or EXHIBIT G Page 54 of 72 EXHIBIT 1
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Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

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

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

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

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

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

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

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

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F. Penalty

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

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

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

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

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

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

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

H. Employment of Apprentices

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

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

Penalties are specified in Labor Code §1777.7.

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

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

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

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any EXHIBIT G Page 57 of 72 EXHIBIT 1
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Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

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

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

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

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

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

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

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

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

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

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and EXHIBIT G Page 58 of 72 EXHIBIT 1
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veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

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

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

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

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

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

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

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

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
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therewith in the capacity of owner, partner, director, officer or manager:

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

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

3. Does not have a proposed debarment pending; and

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

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

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

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).

To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search.

All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.

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B. The goal for DBE participation for this AGREEMENT is 12 %. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance
Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.

Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

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4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.

8. Listed DBE voluntarily withdraws with written notice from the Contract.

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The LOCAL AGENCY determines other documented good cause.

CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:

1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.

2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.

3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.

The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.

Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.

CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.

The following procedures shall be followed to request authorization to replace a DBE firm:

1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.

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b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment

2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.

F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The LOCAL AGENCY shall request CONSULTANT to:

1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
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If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.

In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.

G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.

CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.

CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.

Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
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and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY these quarterly evaluations and validations by the 5th of the month for the previous three months of work.

CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.

The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.

CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.

If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.

If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

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I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.

The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.

L. For projects awarded on or after March 1, 2020, but before September 1, 2023: No later than the 10th of the month following the month of any payment(s), the CONSULTANT must submit an invoice for payment along with Exhibit 9-F: Monthly Disadvantaged Business Enterprise (DBE) Payment to the Caltrans Business Support Unit at [email protected]. Provide a copy to the LOCAL AGENCY administering the contract.

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

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

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

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

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

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

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

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

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

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

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

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

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

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

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

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

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

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the EXHIBIT G Page 67 of 72 EXHIBIT 1
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construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

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

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

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

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

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

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

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

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

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

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract EXHIBIT G Page 68 of 72 EXHIBIT 1
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administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

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

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

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

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

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

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

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

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

EXHIBIT G Page 69 of 72 EXHIBIT 1
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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

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

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

ARTICLE XXXII TITLE VI ASSURANCES
Refer to the Professional Services Contract

ARTICLE XXXIII NOTIFICATION
Refer to the Professional Services Contract

ARTICLE XXXIV CONTRACT
Refer to the Professional Services Contract

ARTICLE XXXV SIGNATURES
Refer to the Professional Services Contract
EXHIBIT G Page 70 of 72 EXHIBIT 1
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$95,061.76 $95,061.76

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Local Assistance Procedures Manual Exhibit 10-02
Consultant Contract DBE Commitment

INSTRUCTIONS - CONSUL TANT CONTRACT DBE COMMITMENT

CONSULT ANT SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

4. Project Location - Enter the project location as it appears on the project advertisement.

5. Consultant's Name - Enter the consultant's firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Total Contract Award Amount - Enter the total contract award dollar amount for the prime consultant.

8. Total Dollar Amount for ALL Subconsultants - Enter the total dollar amount for all subcontracted consultants.

SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

9. Total number of ALL subconsultants - Enter the total number of all subcontracted consultants. SUM = (DBEs + all Non-DBEs). Do not include the prime consultant information in this count.

10. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime consultant's own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

11. DBE Certification Number - Enter the DBE's Certification Identification Number. All DBEs must be certified on the date bids are opened.

12. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted consultants.

Also, enter the prime consultant's name and phone number, if the prime is a DBE.

13. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime consultant if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

14. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the "DBE Dollar Amount" column. %: Enter the total DBE participation claimed ("Total Participation Dollars Claimed" divided by item "Total Contract Award Amount"). If the total% claimed is less than item "Contract DBE Goal," an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

15. Preparer's Signature - The person completing the DBE commitment form on behalf of the consultant's firm must sign their name.

16. Date - Enter the date the DBE commitment form is signed by the consultant's preparer.

17. Preparer's Name - Enter the name of the person preparing and signing the consultant's DBE commitment form.

18. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

19. Preparer's Title - Enter the position/title of the person signing the consultant's DBE commitment form.

LOCAL AGENCY SECTION

20. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

21. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

22. Contract Execution Date - Enter the date the contract was executed.

23. Local Agency Representative's Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Consultant Section of this form is complete and accurate.

24. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

25. Local Agency Representative's Name - Enter the name of the Local Agency Representative certifying the consultant's DBE commitment form.

26. Phone - Enter the area code and phone number of the person signing the consultant's DBE commitment form.

27. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the consultant's DBE commitment form.

Pagel of2
July 23, 2015

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City of Stockton
Legislation Text
File #: 25-0293, Version: 1

ADOPT RESOLUTION TO AUTHORIZE THE ON-CALL GUARDRAIL REPAIR PROJECT

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

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

2. Approve Notice of Exemption No. NOE 19-25 under the California Environmental Quality Act for the On-Call Guardrail Repair, Project No. OM-24-118.

3. Award a three-year Service Contract in the amount not to exceed $600,000 to Midstate Barrier, Inc. of Stockton, CA, for the On-Call Guardrail Repair, Project No. OM-24-118.

4. Authorize the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000.

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 City is responsible for the maintenance of numerous guardrails and crash cushion systems. The On-Call Guardrail Repair project will repair damaged guardrail sections, posts, terminals, and crash cushion systems at various locations Citywide, as needed.

On February 6, 2025, the City advertised a Request for Proposals (RFP) for the On-Call Guardrail Repair, Project No. OM-24-118. On March 5, 2025, one firm submitted a proposal for this project. The Selection Committee evaluated the proposal and found Midstate Barrier, Inc. of Stockton, CA, to be qualified and possess the proper license to perform the work.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a threeyear Service Contract, in the amount not to exceed $600,000, with Midstate Barrier, Inc. This Service Contract contains renewal options for up to two one-year extensions, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE 19-25 under the California Environmental Quality Act (CEQA) for the project.

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DISCUSSION
Background
The City is responsible for the maintenance of numerous guardrails and crash cushion systems. Due to vehicular accidents, there are numerous damaged guardrails and crash cushions with varying severity. The project will enhance safety by replacing damaged guardrail sections, posts, terminals, and crash cushion systems at various locations Citywide, as needed.

The City has an average of 10 incidents annually. The City attempts to recover damages when there is a police report identifying the party responsible.

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 estimated construction cost per project will be less than $1 million.

Present Situation
On February 6, 2025, the City advertised an RFP for the On-Call Guardrail Repair, Project No. OM24-118. On March 5, 2025, one proposal was received from Midstate Barrier, Inc. of Stockton, CA.

The Selection Committee comprised of Public Works’ staff evaluated the proposal based on the contractor’s experience with similar kinds of work, quality of work, staff qualifications, communication capabilities/record keeping, local preference, and cost. Midstate Barrier, Inc. was determined to be qualified and has the proper license to perform the work.

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. NOE 19-25 under CEQA.

It is recommended that Council adopt a resolution authorizing the City Manager to execute a threeyear Service Contract, in the amount not to exceed $600,000, to Midstate Barrier, Inc. of Stockton, CA, for the On-Call Guardrail Repair, Project No. OM-24-118. Payment will be based on actual work performed at the negotiated unit price, with field verification by City staff. Initial contracted services will expire on June 30, 2028. The City has the option to initiate two one-year extensions, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000.

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:

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1. The City does not have the internal resources to perform guardrail and crash cushion repair services.

2. Guardrail repair involves specialized equipment and work that requires an experienced, qualified contractor who has successfully provided services similar in frequency and scope.

3. Use of the RFP process is appropriate for this Service 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 professional, responsive, and timely 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 Account No. 4570-716-630004-240-242-30-45-000 to award a three-year Service Contract, in the amount not to exceed $600,000, to Midstate Barrier Inc. for the On-Call Guardrail Repair, Project No. OM-24-118.

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

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO NOE 19-25, AND

AWARDING A SERVICE CONTRACT FOR ON-CALL GUARDRAIL REPAIR, PROJECT NO. OM-24-118
On February 6, 2025, the City advertised a Request for Proposals (RFP) to contract with a state-licensed contractor to provide Citywide on-call guardrail repair services for the On-Call Guardrail Repair, Project No. OM-24-118; and The City encounters numerous damaged guardrails and crash cushions with varying severity due to vehicular accidents. This project will repair damaged guardrail sections, posts, terminals, and crash cushion systems at various locations throughout the City; and
On March 5, 2025, one proposal was received for this project. The Selection Committee evaluated the sole proposal and found Midstate Barrier, Inc., of Stockton, CA, to be the most qualified and has the proper license to perform the work; and The project is categorically exempt from the the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a sicretionary 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. NOE 19-25 under CEQA for On-Call Guardrail Repair, Project No. OM-24-118, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council awards a three-year Service Contract between the City of Stockton and Midstate Barrier, Inc. in the amount of $600,000, and the City Manager is authorized and directed to execute the same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

3. The City Council authorizes the City Manager to execute up to two one-year extensions to this Service Contract, at an annual cost not to exceed $200,000, for a cumulative contract total not to exceed $1,000,000.
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4. The City Council approves findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process. These findings include:
a. The City does not have internal resources to perform guardrail and crash cushion repair services.
b. Guardrail Repair involves specialized equipment and work that requires an experienced, qualified contractor who has successfully provided services similar in frequency and scope.
c. Use of the RFP process is appropriate for this Contract for Services because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of these criteria helps ensure selection of a vendor that will provide professional, responsive, and timely service which is in the public interest. d. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

5. 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 May 13, 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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TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
44 N. San Joaquin St., Ste. 260
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 E. Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: ON-CALL GUARDRAIL REPAIR, PROJECT NO. OM-24-118 CEQA Exemption File No.: NOE 19-25
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be removing and replacing damaged guardrails and crash cushion sections due to vehicular accidents throughout the City.

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 (8)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _K. 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, _L
therefore, CEQA does not apply.

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

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
By�� Adriana Garibay, rojectMaager
March 26. 2025
(DATE OF PREPARATION)
(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(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
1643
ON-CALL GUARDRAIL REPAIR, PROJECT NO. OM-24-118
(Updated 10/18/23)

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2025, between the CITY OF STOCKTON, a municipal corporation (“CITY), and MIDSTATE BARRIER, INC., a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 30550 STOCKTON, CA 95213 hereinafter called "CONTRACTOR.," THIS CONTRACT is for the ON-CALL GUARDRAIL REPAIR PROJECT NO. OM-24-118, hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRACTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations, if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRACTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference.

CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and EXHIBIT 2 Page 1 of 37
,
1644
ON-CALL GUARDRAIL REPAIR, PROJECT NO. OM-24-118
(Updated 10/18/23)
reimbursement for costs shall not exceed $600,000.00 or as otherwise mutually agreed to in a Contract Amendment.

Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. Invoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. 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. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. INSURANCE. During the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference, and shall otherwise comply with the other provisions of Exhibit C. Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

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

It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

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

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

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

The CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against 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 EXHIBIT 2 Page 3 of 37
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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.

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on JUNE 30, 2028, unless extended by mutual agreement through the issuance of a Contract Amendment.

This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE VI
Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.

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d. PREVAILING WAGE
CONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee.
i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pd f. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.

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iii. The CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.

e. LOCAL EMPLOYMENT ORDINANCE
Pursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. SANCTIONS
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

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

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

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

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

10. TERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CONTRACTOR STATUS. In performing the obligations set forth in this Contract, 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 of the CITY. Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY. The persons engaged in the work, including employees of subcontractors and suppliers, will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in the performance of this Contract any third persons are employed by 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.

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i. It is further understood and agreed that CONTRACTOR must issue W2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the CITY based upon any contention by any third party that employeremployee relationship exists by reason of this Contract.

12. ASSIGNMENT. CONTRACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as CITY may set forth in writing.

CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HEADINGS NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICES. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To CONTRACTOR: Midstate Barrier, Inc. To City: Public Works Director P.O. Box 30550 City of Stockton
Stockton, CA 95213 22 E. Weber Ave., Rm. 301
Stockton, CA 95202

15. LICENSES, CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

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

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

CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

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17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CONFLICTS OF INTEREST. CONTRACTOR covenants that other than this Contract, 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 or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. WAIVER. In the event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. GOVERNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

21. DISPUTE RESOLUTION. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. Venue
Any controversy or claim between the Parties shall be determined 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.

2. If any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party, as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for inhouse legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. INTEGRATION AND MODIFICATION. The response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract EXHIBIT 2 Page 9 of 37
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EXHIBIT 2
that shall supersede such response to Request for Proposals or Qualifications. This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

25. THIRD PARTY RIGHTS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR.

26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.

IN WITNESS WHEREOF: the parties have executed this Contract the day and year first hereinabove written.

CITY OF STOCKTON
By: ____________ _

STEVE COLANGELO

INTERIM CITY MANAGER
ATTEST:

By: ______________ _

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
APPROVED AS TO FORM:

By: ____________ ASSISTANT CITY ATTORNEY
MIDSTATE BARRIER, INC.

By:_-=�_____. _______ � _
Signature
Dale R. Breen
Print Name
Title: President
ON-CALL GUARDRAIL REPAIR, PROJECT NO. OM-24-118

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1. INTRODUCTION
The City of Stockton (City) is seeking proposals to contract with a State-licensed contractor qualified to provide citywide on-call repair services for the On-Call Guardrail Repair project. The selected contractor shall remove damaged, furnish, and install new guardrails at various locations citywide. City staff will provide contractor a list of damaged guardrail(s).

The City shall issue a contract to the successful bidder for an initial three-year period. The contract may be extended by mutual agreement through the issuance of a Contract Change Order. This contract provides for two (2), one (1) year extensions. If the contract is extended, the unit price shall remain the same for the first three (3) years of the service. If the contract is extended for a fourth and fifth year, the unit price shall be increased by 2.5% annually. The City will award a three (3) year contract to the Contractor whose offer represents the best value to the City with cost and other factors considered. The anticipated maximum compensation for this contract per year, if awarded, is estimated to be $200,000.

2. BACKGROUND
The City is responsible for the maintenance of numerous guardrails and crash cushion systems.

Due to vehicle accidents, the City encounters numerous damaged guardrails throughout the City with varying severity. The selected contractor will enter into a Contractor Services Agreement and will perform work as described in the Scope of Services, Attachment A and B.

3. SCOPE OF WORK
The On-Call Guardrail Repair project will replace damaged guardrail sections, posts, terminals, and crash cushion systems throughout the City. The Contractor shall provide all labor, materials, equipment, and traffic control necessary for the replacement of guardrail and crash cushion systems at various locations within City limits. Services shall be provided as requested by the City of Stockton Public Works Department.

4. PROJECT GENERAL INFORMATION
A. Proposal Submission
Proposals shall be submitted no later than 3:00 PM on March 5, 2025, to:

Katrina Tavares
City of Stockton
1465 S Lincoln St
Stockton, CA 95206
The proposal should be firmly sealed in an envelope which will clearly be marked on the outside with “ON-CALL GUARDRAIL REPAIR” for the City of Stockton (PROJECT NO. OM-24-118). The cost proposal must be in a sealed envelope separate from the proposal. Late Proposals will not be accepted. An electronic copy of the proposal shall be emailed to Katrina Tavares at [email protected] and Adriana Garibay at [email protected]. The electronic submittal should not include the cost proposal.

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B. Selection Schedule
Event Date
Advertise RFP February 6, 2025
Written Questions submitted by February 20, 2025
Proposals due March 5, 2025, by 3:00 PM
C. Acceptance or Rejection of Proposals
The City reserves the right to negotiate an agreement with the firm submitting the highest-ranking proposal. Also, the City reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.

D. Proposals Questions and Requests for Clarification
Any questions or requests for clarification shall be submitted in writing to:
[email protected]
Requests for clarification shall be submitted at least seven (7) business days prior to the proposal due date. If a response warrants an addendum to the RFP, such addendum will be posted on Bid Flash at least two days prior to the proposal due date. It is the proposer’s responsibility to check the website for any addendums or responses to questions. The website address is as follows:
https://www.stocktonca.gov/business/contracts___purchasing/bidflash/index.php E. Causes for Disqualification
Any of the following may be considered cause to disqualify a proponent without further consideration:
a. Evidence of collusion among proponents.
b. Any attempt to improperly influence any member of the evaluation panel. c. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP/bid process will, and shall be, just cause for disqualification/rejection of proponent’s proposal/Proponent’s bid submittal and considered non-responsive. d. A proponent's default in any operation of a professional services agreement which resulted in termination of that agreement; and/or
e. Existence of any lawsuit, unresolved contractual claim, or dispute between proponent and the City.
f. No person, firm, or corporation shall be allowed to make, file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

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F. Licensing Requirements & Permits
The Contractor’s attention is directed to Sections 5-1.20B, “Permits, Licenses, Agreements, and Certifications”, of the Caltrans Specifications.
• Contractor’s License – Contractor shall possess a valid California ‘Class A – General Engineering’ Contractor’s license and maintain it throughout the duration of the contract. • Business License – A City of Stockton business license is not required to submit a proposal; however, one is required to perform any work within City limits. Contractor shall possess prior to execution of the contract and maintain throughout the duration of the contract, a valid City of Stockton business license. Please contact City of Stockton Business License Customer Services at (209) 937-8313.
• City of Stockton Encroachment Permit – Contractor shall obtain a City of Stockton encroachment permit and pay all required fees from the affected owners of right-of-way.

Permit and fees must be obtained from the City Permit Center at (209) 937-8366 before the start of construction. The Encroachment Permits are renewed and paid yearly for the duration of the contract. Prior to obtaining the encroachment permit, the proposed traffic control plans must by approved by the Engineer.
• Caltrans Encroachment Permit – Contractor shall obtain a Caltrans encroachment permit, if needed. The City is responsible for all permit fees. • San Joaquin County Encroachment Permit – Obtain permit from the County when working in their right-of-way. Contractor shall begin work in City right-of-way while awaiting encroachment permit from San Joaquin County. The City is responsible for all permit fees.
• BNSF Permit – Contractor shall obtain BNSF Permit to Enter, if needed. The City is responsible for all permit fees. If a permit and insurance are warranted, contractor shall provide a cost breakdown.

G. Insurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment C, Instructions to Proposers for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.

H. Department of Industrial Relations
Please refer to Attachment C, Instructions to Proposers, for registration requirements with the Department of Industrial Relations.

5. INSTRUCTIONS TO PROPOSERS (PROPOSAL REQUIREMENTS)
A. Introduction
Briefly introduce the proposal, including a statement of the Contractor’s approach to providing on-call guardrail replacement services for the City of Stockton.

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B. Statement of Qualifications
Describe your company’s and staff experience in the field of guardrail repair services. Provide a minimum of three (3) agencies that you currently have on-call contracts with. Include references with contact names and phone numbers in each of these agencies. Provide a copy of your contractor’s license in your proposal.

A ‘Class A – General Engineering’ Contractor’s license is required (provide a copy). Contractor must have 10 years of experience. Provide three (3) previous customer references to validate this minimum qualification.

C. Estimated Quantities/Service Levels
The quantities/service levels specified herein are based on service calls for three or less guardrails. Any variations from these estimated quantities/service levels shall not entitle the bidder to an adjustment in unit pricing or rates.

D. Vendor’s Books and Records
Vendor shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, other records of documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, for the date of final payment to Vendor pursuant to this contract. Vendor shall maintain all documents and records which demonstrate performance under this contract for a minimum of three (3) years, or for any period longer required by law, from the date of termination or completion of this contract. Any records or documents required to be maintained pursuant to this contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by City Attorney, City Auditor, City Manager or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection. Access to such records and documents shall be granted to any part authorized by Vendor, Vendor’s representatives, or Vendor’s successor-in-interest.

E. Schedule of Goods and/or Services; Time of Performance Vendor shall supply those goods and/or services which are specified herein, in accordance with the schedule and during the term which are specified herein. Time is of the essence in this contract. The Contractor shall respond to City calls/emails within ten (10) days from the date a service call has been requested by the City of Stockton. Time to respond shall start when the City calls/emails and reports the problem into the Contractor’s designated phone number. The Contractor shall provide a call-back to the City designee within thirty (30) minutes of the initial call if unanswered by the Contractor.

F. Indemnity
To the fullest extent permitted by law, Vendor agrees to defend, indemnify and hold harmless the City, its officers, agents and employees, against any claim, loss or liability, including without limitation claims for injuries or death to persons or damage to or destruction of property, caused by or resulting from the acts or omissions of Vendor, its officers, agents, employees or EXHIBIT A EXHIBIT 2 Page 14 of 37
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subcontractors, in the performance of this purchase order, or the beach by Vendor of any of its obligations under this purchase order.

G. Compensation; Schedule of Payment
The compensation to be paid and the method of payment to Vendor of goods and services shall be set forth herein. Unless otherwise provided herein, payment shall not be due until thirty (30) calendar days after the later to occur of the date performance under this contract is completed to the satisfaction of City and the date City receives an acceptable invoice. No payment shall represent a waiver of City’s right to inspect for defects. Unless otherwise provided herein, Vendor shall be responsible for all costs and expenses incident to the performance of this contract, including without limitation all costs of equipment provided by the Vendor, all fees, fines, licenses, bonds or taxes required of or imposed against Vendor, and all other Vendor’s costs of doing business.

H. Pricing
Pricing shall be fixed for the initial 3-years term of the contract. Contractors shall include the Cost Proposal Form (Attachment D) with their proposal in a separate sealed envelope.

I. Price Adjustment
In the event the City elects to exercise its option for annual renewals. The unit price shall remain the same for the first three (3) years of the service. If the contract is extended for a fourth and fifth year, the unit price shall be increased by 2.5% annually.

J. Proposal Scoring Criteria
Proposals will be selected using a “best value” methodology based on the following categories.

Refer to Attachment E for the Evaluation Scoring Sheet.

A. Price (20 Points). Points will be weighed considering the unit prices noted in the proposal for each of the bid items listed.

B. Experience (20 Points). Experience in providing a superior level of service on like-sized public and/or private projects.

C. Quality of Work (20 Points). Assessments of work quality, performance, and working relationship by current and recent clients that indicate high levels of satisfaction and effectiveness. Please provide references of current and past clients that your firm has provided on-call services to.

D. Qualifications of Staff (20 points). Qualifications of proposed staff to be assigned to the project. Please provide resumes, certifications, and licenses of qualified staff.

E. Communications Capabilities / Record Keeping (10 points). Well organized communication systems and reporting capabilities that demonstrate an ability to complete tasks efficiently and effectively and do not require constant supervision by the City.

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F. Invoice Sample (5 points). Effectiveness and clarity of sample invoice utilized by the contractor. Ability to customize invoices at City’s request.

G. Local Business Preference (5 points). Local preference in accordance with Stockton Municipal Code Section 3.68.090.

6. ATTACHMENTS
The attachments below are included with this Request for Proposals (RFP) for your review and submittal:

Attachment A – Scope of Services
Attachment B – Installation Details and Specifications
Attachment C – Instruction to Proposers
Attachment D – Cost Proposal Form
Attachment E – Evaluation Scoring Sheet
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ITEM # EST. QTY. UoM DESCRIPTION UNIT $ TOTAL $
1 1 HR Traffic Control System $450.00 $450.00
2 1 Site Mobilization $3,000.00 $3,000.00
3 1 Site Water Pollution Control
4 1 Site Clearing and Grubbing $2,500.00 $2,500.00
5 1 LF Deliver k-rail to City Corp Yard $50.00 $50.00
6 1 SY Replace HMA Patch (3") $2,500.00 $2,500.00
7 1 EA Install Guardrail Delineator $30.00 $30.00
8 1 EA Install Thrie Beam Delineation $30.00 $30.00
9 1 EA Install Object Marker Type P $150.00 $150.00
10 1 LF Remove & Replace Single MGS WP $100.00 $100.00
11 1 LF Remove & Replace Single MGS SP $100.00 $100.00
12 1 LF Remove & Replace Single MGS SP $100.00 $100.00
13 1 LF Remove & Replace Double MGS WP $100.00 $100.00
14 1 LF Remove & Replace Double MGS SP $100.00 $100.00
15 1 LF Remove & Replace Double MGS SP $100.00 $100.00
16 1 LF Remove & Replace Single TBB WP $120.00 $120.00
17 1 LF Remove & Replace Single TBB SP $120.00 $120.00
18 1 LF Remove & Replace Single TBB SP $120.00 $120.00
19 1 LF Remove & Replace Double TBB WP $120.00 $120.00
20 1 LF Remove & Replace Double TBB SP $120.00 $120.00
21 1 LF Remove & Replace Double TBB SP $120.00 $120.00
22 1 LF Remove & Install Concrete Barrier Type 60M $1,250.00 $1,250.00 23 1 EA Remove & Install WB-31 MGS Transition $8,000.00 $8,000.00 24 1 EA Remove & Install SFT-M $2,000.00 $2,000.00
25 1 EA Remove & Install RTA $2,000.00 $2,000.00
26 1 EA Remove & Install EAA Type CA $5,000.00 $5,000.00 27 1 EA Remove & Install TS FLEAT 350 $3,000.00 $3,000.00 28 1 EA Remove & Install TS MFLEAT $3,000.00 $3,000.00
29 1 EA Remove & Install TS SKT $3,000.00 $3,000.00
30 1 EA Remove & Install TS MSKT $3,000.00 $3,000.00
31 1 EA Remove & Install TS MAX-Tension Tangent TL-2 $8,000.00 $8,000.00 32 1 EA Remove & Install TS MAX-Tension Tangent TL-3 $800.00 $800.00 33 1 EA Remove & Install Soft Stop 8" Block $6,000.00 $6,000.00 34 1 EA Remove & Install Soft Stop 12" Block $6,000.00 $6,000.00 35 1 EA Install EC Type A $250.00 $250.00
36 1 EA Install EC Type B $250.00 $250.00
37 1 EA Install EC Type TC (TBB) $250.00 $250.00
38 1 EA Install EC Type TA (TBB) $250.00 $250.00
39 1 EA Repair Crash Cushion San Barrel $1,500.00 $1,500.00 40 1 HR Repair Crash Cushion, QuadGuard QS24 - Labor $1,500.00 $1,500.00 41 1 HR Repair Crash Cushion, TAU II - Labor $1,500.00 $1,500.00 42 1 HR Repair Crash Cushion, Other Types - Labor $1,500.00 $1,500.00 43 1 EA QG Backup $6,530.00 $6,530.00
44 1 EA QG Fender Panel $1,500.00 $1,500.00
45 1 EA QG Nose Cover $2,000.00 $2,000.00
46 1 EA QG Type I Cartridge $1,750.00 $1,750.00
EXHIBIT B EXHIBIT 2 Page 17 of 37
1660
47 1 EA QG Type II Cartridge $1,800.00 $1,800.00
481 EA QG Diaphragm $2,160.00 $2,160.00
491 EA QG Monorail $6,850.00 $6,850.00
501 EA QG Adhesive Kit $250.00 $250.00
511 EA TAU Flush Mount Backup $3,590.00 $3,590.00
521 EA TAU Wide Flange Backup $31,260.00 $31,260.00
531 EA TAU Compact Backup $9,850.00 $9,850.00
541 EA TAU Compact Backup Asphalt $11,484.00 $11,484.00 551 EA TAU PCB Backstop $2,060.00 $2,060.00
561 EA TAU PCB Backstop w/Cable Anchor $2,775.00 $2,775.00 571 EA TAU Nose Piece - Wide $2,100.00 $2,100.00
581 EA TAU Nose Piece - Parallel $2,000.00 $2,000.00
591 EA TAU Type A Cartridge $1,300.00 $1,300.00
601 EA TAU Type B Cartridge $1,300.00 $1,300.00
611 EA TAU Wide Cable $5,740.00 $5,740.00
621 EA TAU Parallel Cable $5,185.00 $5,185.00
631 EA TAU Front Cable Anchor - Reverse $1,675.00 $1,675.00 641 EA TAU Front Cable Anchor - Universal $1,385.00 $1,385.00 651 EA TAU Front Cable Anchor - Compact $2,965.00 $2,965.00 661 EA TAU Rear Cable Anchor - Independent $2,060.00 $2,060.00 671 EA TAU Rear Cable Anchor - Backstop Mount $1,725.00 $1,725.00 681 EA TAU Front Cable Anchor - Asphalt $1,500.00 $1,500.00 691 EA TAU Cable Key Front $100.00 $100.00
701 EA TAU Cable Key Front $100.00 $100.00
711 EA TAU Sliding Panel $815.00 $815.00
721 EA TAU End Panel $530.00 $530.00
731 EA TAU Angled End Panel $1,435.00 $1,435.00
741 EA TAU XL Bulkhead $5,165.00 $5,165.00
751 EA TAU XXL Bulkhead $6,785.00 $6,785.00
761 EA TAU XXXL Bulkhead $7,290.00 $7,290.00
771 EA TAU Middle Support $3,635.00 $3,635.00
781 EA TAU Front Support $2,730.00 $2,730.00
791 EA TAU Wing Assembly $1,435.00 $1,435.00
801 EA TAU Transition Wing Assembly $1,435.00 $1,435.00 811 EA TAU 36" Adaptor Assembly $1,245.00 $1,245.00
821 EA TAU Leg - Wide $310.00 $310.00
831 EA TAU Bumper Assembly - Wide $400.00 $400.00
841 EA TAU Pipe Panel Mount $580.00 $580.00
851 EA TAU Backstop Blockout - Wide $1,500.00 $1,500.00 861 EA TAU Front Collision Plate - Wide $120.00 $120.00 871 EA TAU Wing Brace - Wide $1,435.00 $1,435.00
881 EA TAU Spacer - Wing Brace - Wide $100.00 $100.00
891 EA TAU Level Spacer $50.00 $50.00
901 EA TAU EAC Locator Kit $1,055.00 $1,055.00
911 EA TAU Slider Assembly Kit $910.00 $910.00
921 EA TAU Leg Adaptor - Wide $80.00 $80.00
931 EA TAU Backing Plate - Wide $25.00 $25.00
EXHIBIT B EXHIBIT 2 Page 18 of 37
1661
94 1 EA TAU Lateral Support Mount - Wide $310.00 $310.00 95 1 EA TAU Lateral Support Cable Assembly Kit $6,695.00 $6,695.00 96 1 EA TAU Bulkhead Mount - Wide $7,655.00 $7,655.00
97 1 EA TAU Cable GuideMounting Plate - Wide $155.00 $155.00 98 1 EA TAU Cable Guide Assembly Kit $1,340.00 $1,340.00 99 1 Site Material Markup 15% $0.00 $0.00
100 1 LS Permit Fees $0.00 $0.00
EXHIBIT B EXHIBIT 2 Page 19 of 37
1662
REV 2024-03-25
Exhibit C:

Insurance Requirements
(On-Call Guardrail Repair, City Project No. OM-24-118)
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 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by 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 EXHIBIT C EXHIBIT 2 Page 20 of 37
1663
REV 2024-03-25
deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

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

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

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

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

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

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

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

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

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.

EXHIBIT C EXHIBIT 2 Page 21 of 37
1664
REV 2024-03-25

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

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

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

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

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

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

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

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

EXHIBIT C EXHIBIT 2 Page 22 of 37
1665
REV 2024-03-25
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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

City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT C EXHIBIT 2 Page 23 of 37
1666
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

D. All City employees and non-employees share a responsibility to assist in EXHIBIT D EXHIBIT 2 Page 24 of 37
1667
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT D EXHIBIT 2 Page 25 of 37
1668
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT D EXHIBIT 2 Page 26 of 37
1669
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

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

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT D EXHIBIT 2 Page 27 of 37
1670
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT D EXHIBIT 2 Page 28 of 37
1671
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

3. Testifies in a proceeding concerning such violation;

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

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

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

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT D EXHIBIT 2 Page 29 of 37
1672
Subject:

CITY OF STOCKTON, CALIFORNIA

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

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and nonemployees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT D EXHIBIT 2 Page 30 of 37
1673
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

EXHIBIT D EXHIBIT 2 Page 31 of 37
1674
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

1675
Subject:

B.

CITY OF STOCKTON, CALIFORNIA

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

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

1. Identify and preserve the evidence.

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

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

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

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

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

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

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

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

1676
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

15. Conduct follow-up interviews, if warranted.

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

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

1677
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

1678

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

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

1679

CITY OF STOCKTON, CALIFORNIA

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

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

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

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1
EXHIBIT D EXHIBIT 2

1680
City of Stockton
Legislation Text
File #: 25-0560, Version: 1

PRESENTATION ON PERSHING AVENUE UPDATE

RECOMMENDATION
No action is to be taken. Staff will provide information on Pershing Avenue traffic issues.

Summary
At the February 18, 2025, Council meeting, Councilmember Mario Enriquez requested an update on action taken to address the traffic issues along Pershing Avenue.

City of Stockton Page 1 of 1 Printed on 5/8/2025
powered by Legistar™1681

PERSHING AVENUE

TRAFFIC SAFETY
UPDATE
Public Works Department
City Council Meeting
May 13, 2025
Council Agenda Item 15.1
1682
Project Location
 Pershing Avenue from Brookside Road
to Fremont Street
1683
Complete Street
 Implement a Road Diet to Reduce Speeding
 Create Safe Pedestrian Connections
 Create Protected Bicycle Lanes
 Pedestrian Improvements with Landscape
1684
Complete Street – Road Diet
Before After
1685
Areas of
Concern  Pershing Avenue Off-Ramp  Smith Canal and Calaveras River bridge structures  Calaveras River Trail Accesses  University of the Pacific  Stagg High School  Pacific Law Academy High School  Kohl Elementary  Walton Special Center School  Victory Park  Haggin Museum  Stockton Fire Station 6 1686
Pershing Avenue -
Existing Conditions  Street Classification: Arterial  Four-Lane Roadway with Left Turn Pockets  Posted Speed Limit: 35 MPH
north of Calaveras River and 30
MPH south of Calaveras River  Traffic Volume Flow: 13,169 – 30,386 vehicles per day  Peak Hour Traffic: 8 AM & 4 PM  Truck Route: From Willow Street to Fremont Street  7 Existing Signals within Project Limits
35 MPH
TRUCK
ROUTE
30 MPH
1687
Efforts to Date and
Ongoing Projects
 Coordination with Pershing Community
 Upsized and Installed Additional Speed
Limit Signs
 Installed 1 Radar Speed Feedback Sign –
Magnolia Street
 Signal Retiming to Accommodate
Pedestrian Crossing
 Restriped Lane Lines to Enhance
Visibility
 Restriped Crosswalks at Acacia and
Harding Intersections
 Police Department Speed Enforcement
 Facilitated Multiple Meetings with
Caltrans to Reduce Speed at the OffRamp
 Secured Funding for the HAWK Project
South Stockton Pedestrian
HAWK Improvements
North Pershing Avenue
Safety Enhancements
Alpine Pershing Mendocino
Bicycle-Pedestrian Connectivity
Aquatic Facilities Renovations –
Victory Park Pool
North Pershing Avenue
Safety Enhancements
I-5 Stockton Channel Viaduct Bridge
Improvements Project (Caltrans)
1688
Timeline
 Community reached out to Public Works in 2021
 Advocated in 2024 at the One Voice D.C. Trip for funds for safety efforts  In 2025, City anticipates selection for federal Community Project Funding (earmark) award from Rep. Josh Harder
 Anticipate contract in May 2025 for Pershing Avenue Traffic Safety and Road Diet Study
 Anticipate funding in 2025 - Pershing Avenue Road Safety Improvement and Enhancement Project (PARSIEP)
1689
Potential Grant Funding Programs for
Future Phases
 Highway Safety Improvement Program (HSIP)
 Congestion Mitigation and Air Quality (CMAQ)
 Active Transportation Program (ATP)
 Safe Streets and Roads for All (SS4A)
1690
QUESTIONS?
1691
City of Stockton
Legislation Text
File #: 25-0550, Version: 1
YOUTH PROGRAMMING FOR SUMMER 2025

RECOMMENDATION
Information only; no action to be taken.

Summary
This will be an informational presentation. At the request of Council, staff is providing an update on the City’s youth summer programming for Summer 2025.

DISCUSSION
To support the Council’s discussion, staff have prepared a brief presentation summarizing the City’s upcoming youth programming plans for Summer 2025.

Attachment A - Community Services Sites by Council District 2025 Attachment B - Park Sites by Council District 2025
Attachment C - Activity Guide 2025
City of Stockton Page 1 of 1 Printed on 5/8/2025
powered by Legistar™1692

EIGHT MILE RD EIGHT MILE RD

THORNTON RD

DAVIS RD

LOWER SACRAMENTO RD

WEST LN

EIGHT MILE RD

ALPINE RD

JACK TONE RD

JACK TONE RD

ROBERTS RD

HOWARD RD

MAIN ST

PERSHING AV

EL DORADO ST

ROTH RD

AIRPORT WY

EIGHT MILE RD

DAVIS RD

THORNTON RD

EL DORADO ST

WEST LN

PACIFIC AV

MARCH LN

ALPINE AV

CHEROKEE RD

AIRPORT WY

CENTER ST

FRENCH CAMP RD

MAIN ST

AIRPORT WY

ARCH RD

CHEROKEE RD

ALPINE RD

ALPINE RD

JACK TONE RD

JACK TONE RD

ROBERTS RD

HOWARD RD

HOWARD RD
L
O
W
E
R
S
A

CRAMENTO RD

WILSON WY

PACIFIC AV

DR MLK JR BL

MARIPOSA RD

HOLMAN R
D
H
O

LMAN RD
TRIN
TI Y
PK

WEST LN

MORADA LN

THORNTON RD

HAMMER LN

HAMMER LN

PERSHING AV
BENJ.HOLT DR

MARCH LN

HARDING WY

WEST LN

WATERLOO RD

WILSON WY

NAVY DR

EIGHTH ST

FRENCH CAMP RD

AIRPORT WY

FREMONT ST

COPPEROPOLIS RD

SPERRY RD

ARCH AIRPORT RD

MARIPOSA RD

MARCH LN

MATHEWS RD

EL DORADO ST

CHARTER WY
Arnold Rue Community Center
5758 Lorraine Avenue
Stockton, CA 95210
Arnold Rue Micro Library
5758 Lorraine Avenue
Stockton, CA 95210
Brooking Park Pool
4505 Nugget Avenue
Stockton, CA 95207
Dorothy L Jones Community Center
2044 Fair St
Stockton, CA 95206
Arnaiz Softball Complex
3293 E Morada Ln
Stockton, CA 95212
Fair Oaks Branch Library
2370 E. Main Street
Stockton, CA 95205
Maya Angelou Branch Library
2324 Pock Lane
Stockton, CA 95205
Margaret K. Troke Branch Library
502 W. Benjamin Holt Drive
Stockton, CA 95207
Cesar Chavez Central Library
605 N. El Dorado St.

Stockton, CA 95202
McKinley Neighborhood Center
424 E Ninth St
Stockton, CA 95206
Oak Park Pool
3537 Alvarado Avenue
Stockton, CA 95204
Misty Holt-Singh Softball Complex
9550 Ronald E. McNair Way
Stockton, CA 95203
Oak Park Senior Center
730 E Fulton St
Stockton, CA 95204
McKinley Park Pool
2332 S. El Dorado Street
Stockton, CA 95206
Oak Park Tennis Center
3514 N Sutter St
Stockton, CA 95204
Sherwood Park Pool
100 W Robinhood Dr
Stockton, CA 95207
Seifert Community Center
128 W. Benjamin Holt Drive
Stockton, CA 95207
Sousa Park Pool
2829 Yellowstone Avenue
Stockton, CA 95205
Swenson Park Golf Course
6803 Alexandria Pl
Stockton, CA 95207
Stribley Community Center
1760 E. Sonora Street
Stockton, CA 95205
Stribley Micro Library
1760 E. Sonora Street
Stockton, CA 95205
Victory Park Pool
1501 Picardy Drive
Stockton, CA 95203
Holiday Park Pool
5710 Kermit Lane
Stockton, CA 95207
Louis Park Softball Complex
3121 Monte Diablo Avenue
Stockton, CA 95203
Merlo Gymnasium
2021 Anne St
Stockton, CA 95206
Van Buskirk Community Center
734 Houston Avenue
Stockton, CA 95206
Van Buskirk Micro Library
734 Houston Avenue
Stockton, CA 95206
Weston Ranch Branch Library
1453 W. French Camp Road
Stockton, CA 95206
Stockton Soccer Complex
10055 SB State Route-99
Stockton, CA 95212
Egusa Gymnasium
3939 EWS Woods Boulevard
Stockton, CA 95206
McNair High School Gymnasium
9550 Ronald E. McNair Way
Stockton, CA 95210
Ursula Meyer Library
& Community Center
1461 Morada Lane
Stockton, CA 95210
Weston Ranch High School Gymnasium
4606 McCuen Avenue
Stockton, CA 95206
Billy Hebert Field
3514 N. Sutter Street
Stockotn, CA 95204
Community Services Sites
0 0.5 1 2 3 4 5
Miles
Legend
Locations
City Operated Facility
Contract Operated
Facility
Joint Use Facility
Joint Use/City Operated
Facility
Joint Use/Contract
Operated Facility
City Council Districts
District 1
District 2
District 3
District 4
District 5
District 6
T:\workspace\Projects\CSD\CommunityServices\CommunityServices.aprx 2/24/2025

ATTACHMENT A
1693

BEN HOLT DR

MARIPOSA RD

EIGHT MILE RD

THORNTON RD DAVIS RD

WEST LN

MORADA LN

HAMMER LN

MARCH LN
EL
D
O
RADO
ST

HARDING WY

FREMONT ST

DR MLK JR BL

AIRPORT WY
LWR

SACTO RD

PACIFIC AV

PERSHING AV

MAIN ST

EL DORADO ST

EIGHT MILE RD

EIGHT MILE RD

WATERLOO RD

CHEROKEE RD

COPPEROPOLIS RD

FRENCH CAMP RD

DAVIS RD

LWR SACTO RD

WEST LN

THORNTON RD

TURNER RD

JACK TONE RD

JACK TONE RD JACK TONE RD

ROTH RD

AIRPORT WY

LATHROP RD

LOUISE AV

YOSEMITE AV

MAIN ST

AUSTIN RD

WILSON WY

ALPINE AV

ROBERTS RD

HOWARD RD

HOWARD RD

TRACY BL TRACY BL

TURNER RD

PINE ST

LODI AV
HAM LN

MATHEWS RD

CHARTER WY

FRENCH CAMP RD
Harmony Park
10401 Skynyrd Wy
Stockton, CA  95212
Anderson Park
6201 N El Dorado St
Stockton, CA  95207
Atherton Park
1978 Quail Lakes Dr
Stockton, CA  95207
Barkleyville Dog Park
5505 Feather River Dr
Stockton, CA  95219
Baxter Park
10410 Muir Woods Av
Stockton, CA  95209
Brooking Park
4500 Nugget Av
Stockton, CA  95207
Buckley Cove Park
4311 Buckley Cove Wy
Stockton, CA  95219
Caldwell Park
3021 Pacific Av
Stockton, CA  95204
Columbus Park
401 W Worth St
Stockton, CA  95206
Constitution Park
1101 E Lindsay St
Stockton, CA  95205
Corren Park
3525 A G Spanos Bl
Stockton, CA  95209
Cruz Park
110 Segovia Ln
Stockton, CA  95207
Cortez Park
817 Erie Dr
Stockton, CA  95210
Decarli Plaza
123 N El Dorado St
Stockton, CA  95202
Dentoni Park
1430 Royal Oaks Dr
Stockton, CA  95209
Eden Park
924 N El Dorado St
Stockton, CA  95202
Matt Equinoa Park
9499 Glacier Point Dr
Stockton, CA  95212
Faklis Park
5250 Cosumnes Dr
Stockton, CA  95219
S. L. Fong Park
2525 Blossom Ci
Stockton, CA  95212
Future Park #1
Ornella Ln & Zaccaria Wy
Stockton, CA  95212
Hadley Park
Valens Wy & Orbison Ln
Stockton, CA  95212
Future Park #3
Susan Wy & Madrid Dr
Stockton, CA  95205
Fremont Park
302 E Fremont St
Stockton, CA  95202
Friedberger Park
1708 E Walnut St
Stockton, CA  95205
Garrigan Neighborhood Park
3690 Iron Canyon Ci
Stockton, CA  95209
Gibbons Park
1825 W Hammer Ln
Stockton, CA  95209
Gleason Park
535 E Church St
Stockton, CA  95203
Greenbelt
Stockton
Grupe Park
5818 Cumberland Pl
Stockton, CA  95219
Harrell Park
2244 S Lincoln St
Stockton, CA  95206 Holmes Park
1718 Ralph Av
Stockton, CA  95206
Holiday Park
614 Elaine Dr
Stockton, CA  95207
Iloilo Sister City
5920 Scott Creek Dr
Stockton, CA  95219
Independence Park
802 E Market St
Stockton, CA  95202
King Plaza
555 N El Dorado St
Stockton, CA  95202
Lafayette Park
825 S Hunter St
Stockton, CA  95206
Laughlin Park
2733 Estate Dr
Stockton, CA  95209
Legion Park
1859 N Baker St
Stockton, CA  95203
Liberty Park
725 E Jefferson St
Stockton, CA  95206
Loch Lomond Park
8477 N El Dorado St
Stockton, CA  95210
Long Park
4535 Woodchase Ln
Stockton, CA  95206
Louis Park
3201 Monte Diablo Av
Stockton, CA  95204
Inspiration Park
7149 Scott Creek Dr
Stockton, CA  95219
McKinley Park
424 E Ninth St
Stockton, CA  95206
Mcleod Park
46 W Fremont St
Stockton, CA  95202
Misasi Park
9820 Ronald E Mcnair Wy
Stockton, CA  95210
Morelli Park
1025 W Weber Av
Stockton, CA  95203
Nelson Park
3535 Brookview Dr
Stockton, CA  95219
North Seawall Park
306 W Fremont St
Stockton, CA  95203
Oak Park
501 E Alpine Av
Stockton, CA  95204
Panella Park
5758 Lorraine Av
Stockton, CA  95210
Parma Sister City Park
9127 Chianti Ci
Stockton, CA  95212
Peri Park - undeveloped
2920 Mccloud River Dr
Stockton, CA  95206
Peterson Park
2429 S Union St
Stockton, CA  95206
Dorotha May Pitts Park
510 Villa Point Dr
Stockton, CA  95209
Pixie Woods
3201 Monte Diablo Av
Stockton, CA  95204
Rue Park - undeveloped
1696 Bonaire Ci
Stockton, CA  95210
Sandman Park
8801 Don Av
Stockton, CA  95209
Future Park (Shady Forest)
3616 El Pinal Dr
Stockton, CA  95205
Sherwood Park
100 W Robinhood Dr
Stockton, CA  95207
Ernie Shropshire Park
4120 Pock Ln
Stockton, CA  95206
Smith Park
2606 William Moss Bl
Stockton, CA  95206
Soccer Complex
10055 N St Rt 99 W Fr Rd
Stockton, CA  95212
Sousa Park
2829 Yellowstone Av
Stockton, CA  95205
South Seawall Park/
Joan Darrah Promenade
333 Tuleburg Lv
Stockton, CA  95203
Stribley Park
502 Della St
Stockton, CA  95205
Swenson Park
6803 Alexandria Pl
Stockton, CA  95207
Swenson View Park
6709 Alexandria Pl
Stockton, CA  95207
Union Square
635 S Pilgrim St
Stockton, CA  95205
Unity Park
5525 Rayanna Dr
Stockton, CA  95212
Valverde Park
2418 Arden Ln
Stockton, CA  95210
Van Buskirk Park
734 Houston Av
Stockton, CA  95206
Van Buskirk Park Golf Course
1740 Houston Av
Stockton, CA  95206
Victory Park
1001 N Pershing Av
Stockton, CA  95203
Weberstown East Park
4750 Kentfield Rd
Stockton, CA  95207
Weber Park
405 W Oak St
Stockton, CA  95203
Weston Park
3603 E W S Woods Bl
Stockton, CA  95206
Williams Brotherhood Park
2040 S Airport Wy
Stockton, CA  95206
Weber Pt Events Ctr
235 N Center St
Stockton, CA  95202
Gleason Park Splash Pads
535 Church Street
Stockton, CA 95240
Iloilo Park Splash Pad
5920 Scott Creek Drive
Stockton, CA 95219
Michael Faklis Park Splash Pad
5250 Cosumnes Drive
Stockton, CA 95219
Smith Park Splash Pad
2606 William Moss Boulevard
Stockton, CA 95206
Weber Point Fountain
221 N. Center Street
Stockton, CA 95202
Park Sites
0 1 2 3 4 5 0.5
Miles
T:\workspace\Projects\CSD\CommunityServices\CommunityServices.aprx 3/25/2025
Legend
Park Sites
City
Maintained
HOA
Maintained
Landscape
Maint. District
City Council Districts
District 1
District 2
District 3
District 4
District 5
District 6

ATTACHMENT B
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1699
1700
1701
1702
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Children 12 years and under must be accompanied by a parent or guardian 18 years or older. Proof of age may be requested. *No program July 4th.

Arnold Rue Community Center
5758 Lorraine Avenue
(209)937-7350
Stribley Community Center
1760 E. Sonora Street
(209)937-7351
Seifert Community Center
128 W. Ben Holt Drive
(209)937-5508
Van Buskirk Community Center
734 Houston Avenue
(209)937-7358
7PM - 11PM 7PM - 11PM
MAY 30 - AUG. 1 MAY 30 - AUG. 1
The City of Stockton welcomes people with all
abilities to enjoy our programs and services.

Family Fun · Games · Food

BY THE CITY OF STOCKTON COMMUNITY SE
Family Fun · Games · Food
MAY 30 - AUG. 1
7PM - 11PM
Arnold Rue Community Center
5758 Lorraine Avenue
(209)937-7350
Stribley Community Center
1760 E. Sonora Street
(209)937-7351
Seifert Community Center Van Buskirk Community Center
4 Houston Avenue
(209)937-7358
it f St kt l
Seifert Community Center
128 W Ben Holt Drive
937-5508
Van Busk
734
Th C
128 W. Ben
(209)9
eople with all
and services.
ity of Stockton welcomes pe
ties to enjoy our programs
The C
abili
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AGES 6 - 17 YEARS
AGES 3 - 5 YEARS

NEED HELP FINDING NEED HELP FINDING
THE RIGHT LEVEL? THE RIGHT LEVEL?
AGES 6 - 17 YEARS
AGES 3 - 5 YEARS
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1716
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1718
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1720
1721
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1725

MANTECA

WESTON RANCH

LATHROP

LUNCH IS FREE FOR CHILDREN AGES
2-18 AND MUST BE EATEN ON SITE

STAY TUNED FOR

FUTURE BBQ & FUTURE BBQ &

FARMERS MARKET
DATES

MUSD FREE LUNCH

SUMMER LOCATIONS
ANCH

LUNCH IS FREE FOR CHILDREN AGES
2-18 AND MUST BE EATEN ON SITE
DATES

ST UNED FOR

FUTURE BBQ &

FARMERS MARKET
DATES
1726
THIS INSTITUTION IS AN EQUAL OPPORTUNITY PROVIDER.

COMMUNITY CENTERS COMMUNITY CENTERS LIBRARIES LIBRARIES M
Seifert Community Center
128 W Benjamin Holt, Stockton, CA 95207
Stribley Community Center
1760 E. Sonora Street, Stockton, CA 95205
JUNE 2-JULY 18 JUNE 2-JULY 18
(NO MEAL SERVICES 6/19 AND 7/4)

MEALS ARE

FREE FOR

CHILDREN AGES
2-18

FOOD MUST BE

EATEN ON SITE

MEALS ARE

FREE FOR

CHILDREN AGES
2-18

FOOD MUST BE

EATEN ON SITE

GLEASON PARK GLEASON PARK
BKF 8:00-9:00 AM, Lunch 12:00-1:00 PM

MERLO GYM MERLO GYM
BKF 8:00-9:00 AM, Lunch 12:30-1:30 PM
Arnold Rue Community Center
5758 Lorraine Ave, Stockton, CA 95210
BKF 8:15-9:15 AM, Lunch 12:00-1:00 PM
Van Buskirk Community Center
734 Houston Ave, Stockton, CA 95206
Lunch site ONLY 12:00 - 1:00 PM
Lunch site ONLY 11:30 - 2:00 PM
Lunch site ONLY 12:00 - 2:00 PM
Cesar Chavez Central Library
605 N El Dorado St, Stockton, CA 95202
Fair Oaks Branch Library
2370 E Main St, Stockton, CA 95205
Maya Angelou Branch Library
2324 Pock Ln, Stockton, CA 95205
Mon.-Fri., except for Gleason Park (Mon.-Wed. ONLY)
BKF 9:30 AM Lunch 12:00 PM
Gleason Park
605 E Church St, Stockton, CA 95202
BKF 9:00 AM Lunch 11:30 PM
Merlo Gymnasium
2021 Anne St, Stockton, CA 95206
June 9 - July 9 June 9 - July 18
Mon.-Wed. ONLY
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Children (ages 0-12) are required to read 10 books.

Teens and adults are required to read 3 books. List the book titles on the reading log and return the log to your library branch.

All reading logs will be entered into a drawing for various raffle prizes. Prizes may vary from branch to branch.
1748
360,000+ digital resources
that empowers all readers,
including: Available on Available on
1749
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Learn a new
language.

Aprende un nuevo idioma.

Lea
lan
Aprende un nuevo idioma.
1751
Delve into a vast array of subjects, from Computer Training, Personal Finance, and Writing Skills, to Pet and Animal Care, Professional Development, and beyond!
Access over 16,000 expert-level
video tutorials on everything,
including:

C++ Coding training,
Excel Essentials,
Graphic Design,
Photography, and more
Access over 16,000 expert-le
video tutorials on everything,
including:

C++ Coding training,
Excel Essentials,
Graphic Design,
Photography, and more
1752
Volunteer Hours:

Monday - Sunday/ 8AM-11AM,
12PM-3PM & 2PM -5PM

LEARN HOW YOU CAN MAKE

THE DIFFERENCE
We need volunteers For:

We’re looking for enthusiastic, friendly & passionate
people who desire to make a difference in animal lives! Join Us Today

SCHEDULE AVAILABLE FOR VOLUNTEERING
1575 S. Lincoln St. Stockton CA 95206
Contact US: (209) 937-7445
Email: [email protected]
*Shift times flexible depending on availability*
1753
Mini Golf Coming Soon at Swenson Park!
Get ready, Stockton! The City of Stockton, San Joaquin County and KemperSports are thrilled to announce the newest addition to Swenson Park Golf Course—an exciting 18- hole mini golf course set to open in summer 2025! Designed and built by American Greens, this one-of-a-kind course will feature creative holes inspired by iconic Stockton landmarks, bringing a local twist to family-friendly fun.

Whether you're a seasoned golfer or just looking for a great time, this mini golf experience will offer something for everyone. Stay tuned to Swenson Park Golf Course and the City of Stockton for more updates as we bring this exciting project to life! Mini Golf Coming Soon at Swenson Park!
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Summer 2025
Youth Programming
City Council Meeting
May 13, 2025
Agenda Item 15.2
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Summer (June 1st-July 31st)
Stockton Unified
May 31-July 30
Lincoln Unified
May 30-August 5
Manteca Unified
May 24-August 3
Lodi Unified
May 31-July 28
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City-Operated Facilities/Vehicles*
Arnold Rue Community Center & Micro Library
Bookmobile
Brooking Park Pool
Cesar Chavez Central Library
Fair Oaks Library
Holiday Park Pool
Louis Park Softball Complex
Margaret Troke Library
Maya Angelou Library
McKinley Park Pool
Misty Holt-Singh Softball Complex
Pixie Woods
Playmobile
Public Parks (66)
Seifert Community Center (SUSD)
Stockton Soccer Complex
Stribley Community Center & Micro Library
Training Wheels
Van Buskirk Community Center & Micro Library
Victory Park Pool
Weston Ranch Library (MUSD)
*available for youth programming in summer 2025
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Contracted Facilities
• Oak Park Tennis Center - Antwan Graves
• McKinley Park Neighborhood Center - Stockton PD; Stockton Judo Club; Aztec Dance • Merlo Gymnasium (SUSD) – Table Community Foundation
• Arnaiz Softball Complex – Roy Taylor
• Billy Hebert Field - JD Hardcastle/All Star Sports Events • Dorothy L. Jones Community Center - Community Partnership for Families • Swenson Park Golf Course – KemperSports
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Joint Use Agreements
• Lodi Unified School District
• Cortez Park Ballfields
• Dentoni Park Ballfields
• McNair High School Ballfields & Gym
• Manteca Unified School District
• August Knodt Elementary School Gym
• Weston Ranch High School Gym
• Weston Ranch Library
• Stockton Unified School District
• Merlo Gymnasium
• Seifert Community Center
1759
New Summer Programs & Events
3D Innovations for Teens
Basketball Camp
Beats Bootcamp
Ceramics
Cricut 101
Design & Build Camp
Dive-In Movies
Drone Soccer Camp
First Tee Golf Camp
Free swim entry with fitness
Gaia Guides Trip
Grown Up & Me
Junior Lifeguard
Limitless Escape Games Trip
Marine Science Institute Trip
Movie Theatre Trip
Movies in the Park
Music Together
Pacific Bowl Trip
Play in the Shade – Anderson Park
Play in the Shade – Long Park
Play in the Shade – Panella Park
Play in the Shade – Stribley Park
Play in the Shade – Van Buskirk Park
Play in the Shade – Weston Park
Pool Party
Sew Simple Sewing Camp
Sky Zone Trip
Soccer Camp
Stockton Ports Trip
Stockton Service Squad
Underground Arcade Trip
Volleyball Camp
West Lane Bowl Trip
Young Engineers Bricks Challenge
Zap Zone Trip
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Free Summer Programs & Events
Arts & Crafts
Beats Bootcamp
Beginner Robotics
Book Buddies
Bookmobile
Chess Club
Community Service Squad
Cruzin Critters
Curiosity Coders
Dive-in Movies
Fourth of July Parade & Fireworks
Fur, Scales, & Tails
Gaia Guides Trip
Germar the Magician
Introduction to 3D Printing
Junior Lifeguard Program
Junior Giants
Lego Club
Limitless Escape Games Trip
Lunch Programs
Marine Science Institute Trip
Math Club
Movie Night
Movies in the Park
Movie Trip
Music & Movement
National Night Out
Pacific Bowl Trip
Play in the Shade
Playmobile
Science Wizard
Sky Zone Trip
STEM Lab
Stockton Art Nights
Stockton Ports Trip
Story Time
Summer Reading
Swim Lessons*
Tai Chi in the Park
Teen Advisory Group
Teen Book Club
Teen Drop-In
Thinking Money 4 Kids
Tween BINGO
Ultra Friday Nights
Underground Arcade Trip
West Lane Bowl Trip
Zap Zone Trip
1761
Youth Employment Opportunities
Adult/Youth Sports Official
Aquatics Instructor
Aquatics Assistant
Lifeguard
Recreation Leader
1762
City of Stockton
Legislation Text
File #: 25-0552, Version: 1

DISCUSSION OF PLANNING COMMISSIONER REMOVAL AND REPLACEMENT

RECOMMENDATION
It is recommended that City Council discuss and consider the removal of Gurneel Boparai from the Planning Commission and if removed approve the appointment of Pandora Crowder.

Summary
At the April 29, 2025, City Council Meeting, Councilmember Villapudua requested that an item removing Gurneel Boparai from the Planning Commission be agendized. The request was approved by majority vote of the Council in accordance with Council Policy 3.04. If the Council now approves the removal of Commissioner Boparai from the Planning Commission by majority vote, it is asked that they also approve the appointment of Pandora Crowder to the Planning Commission.

DISCUSSION
Background
During the City Council Meeting on April 29, 2025, Councilmember Villapudua requested that an item removing Gurneel Boparai from the Planning Commission be agendized at the first Council meeting in May. Council Policy 3.04 (attached) permits the City Council to remove any member of a Commission for any reason including, but not limited to, conduct unbecoming a public official, violating the City’s conflict of interest ordinance or failing to comply with statutory requirements.

The policy further states that conduct unbecoming a public official includes the kind of conduct that any reasonable commissioner would know is incompatible or inimical to public services, would indicate a lack of fitness to perform the functions of a commissioner or would discredit or cause embarrassment to the City.

Present Situation
Currently, Gurneel Boparai is serving on the Planning Commission. The Office of the City Clerk notified Gurneel Boparai that this item will be heard at the Council Meeting scheduled for May 13, 2025. Following tonight’s discussion, should Gurneel Boparai be removed from the Planning Commission, Councilmember Villapudua has selected Pandora Crowder to fill the vacancy pending ratification by the City Council. Council Policy 3.02 pertaining to appointments to the Planning Commission states that where a vacancy occurs the Councilmember from that District shall make the appointment subject to Council approval.

FINANCIAL SUMMARY
City of Stockton Page 1 of 2 Printed on 5/8/2025
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File #: 25-0552, Version: 1
There is no financial impact to the city by taking these actions.

Attachment A - Council Policy 3.04
Attachment B - Application for Pandora Crowder
City of Stockton Page 2 of 2 Printed on 5/8/2025
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CHAPTER 3.04

MEMBER REMOVAL FROM BOARDS, COMMITTEES, AND COMMISSIONS § 3.04.010. Policy.
§ 3.04.020. Responsibilities.

City Clerk: Notify the person being considered for the removal of the time and place of the meeting.
§ 3.04.030. Relevant authority.

Stockton Municipal Code (numerous provisions).
§ 3.04.040. Related administrative directive, city policy, city procedure.

None applicable.
§ 3.04.050. Related forms, documents, or links.

None applicable.
§ 3.04.060. Frequently asked questions.

None applicable.
1) A person appointed by the City Council to any Board, Commission or Committee (hereafter, "Commission") shall continue to serve as a member thereof except when:

A) The person's term of office expires and a different person has been appointed.

B) The person voluntarily resigns from the Commission.
2) A majority vote of the City Council may remove any member of a Commission for any reason including, but not limited to, conduct unbecoming a public official, violating the City's conflict of interest ordinance or failing to comply with statutory requirements such as the filing requirements under the Political Reform Act. Conduct unbecoming a public official includes the kind of conduct that any reasonable commissioner would know is incompatible or inimical to public service, would indicate a lack of fitness to perform the functions of a Commissioner or would discredit or cause embarrassment to the City. 3) Any member of the City Council may initiate a person's removal from a Commission by requesting at a regular City Council meeting that consideration of the person's removal be placed on the Council's agenda at a regular or special meeting for discussion and potential action. If there is Council majority support to place the item on an agenda, the item will be scheduled at a meeting date acceptable to a Council majority. The City Clerk shall notify the person affected of the time and place of the meeting. When the item is on the City Council agenda, the City Council may, by majority vote, remove the person from a Commission.

City of Stockton, CA
§ 3.04.010 § 3.04.070
Downloaded from https://ecode360.com/ST5019 on 2025-05-01

ATTACHMENT A
1765
§ 3.04.070. Update history.
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No. 86-0549
11/7/88 - Amended by Resolution No. 88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/12 - Amended by Resolution No. 2012-10-09-1203
1/26/16 - Amended by Resolution No. 2016-01-26-1203
City of Stockton, CA
§ 3.04.070 § 3.04.070
Downloaded from https://ecode360.com/ST5019 on 2025-05-01

ATTACHMENT A
1766
Submit Date: Jan 22, 2025
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Question applies to Civil Service Commission-Equal Employment Commission Concurrent Date of Birth
Ethnicity
Gender
What district do you live in? *
District 5
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Employer Address
Pandora J Crowder
Stockton CA
Pandora J Crowder

ATTACHMENT B
1767
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Which Boards would you like to apply for?
Planning Commission: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.

Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Do you reside within Stockton’s geographic boundary?
Yes No
Question applies to Strong Communities Advisory Committee,Measure W Oversight Committee Are you an employee of any vendor, contractor or consultant doing business with the City of Stockton?
Yes No
Question applies to Strong Communities Advisory Committee Are you at least 18 years of age?
Yes No
Interests & Experiences
Pandora J Crowder

ATTACHMENT B
1768
Upload a Resume
Please tell us about yourself and why you want to serve.

I am a Community Advocate in South Stockton (mostly Southwest side). I attend as many City Council Meetings as possible and I have HR and Benefit experience from previous employment. I understand the necessity for a fair and equitable place of employment.

Please state the reason you would like to be a member of this board/commission.

I understand the necessity for a fair and equitable place of employment. I have HR and Benefit experience from previous employment. I think that with my long time work experience and volunteer work in the City of Stockton along with my knowledge of finding employment currently I would be an asset to this commission.

Have you served on an advisory group before?
Yes No
If yes, please explain.

I currently sit on the Board of Directors for Community Medical Centers as a Consumer and I am the current President for the Conway Homes Resident Council. I also sit on the Stockton Housing Innovative Fund committee.

How did you hear about the position?
I received an email from the City of Stockton and heard about it at the City Council Meeting on 01/21/25
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Pandora J Crowder

ATTACHMENT B
1769
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.

Yes No
Submit Application
Enter Your Initials:
pjc
Date Signed
01/22/25
Pandora J Crowder

ATTACHMENT B
1770
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPOINTING ONE MEMBER THE STOCKTON PLANNING

COMMISISON
Positions on the Planning Commission are directly appointed by City Councilmembers with terms that coincide with the appointing Councilmember; and The District 5 position has been vacated due to the removal of Gurneel Boparai on May 13, 2025; and
Councilmember Villapudua has reviewed applications and has made a nomination for appointment; now, therefore,

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

1. The following applicant is found to have met the criteria for appointment and is authorized to serve as a member of the Planning Commission for a partial term to commence on appointment and ending January 31, 2027:

District 5: Pandora Crowder

2. 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 May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 25-0548, Version: 1

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

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.

Summary
On September 30, 2021, California's Governor approved AB 481, requiring law enforcement agencies to obtain approval from the applicable governing body, by the adoption of a military equipment use policy, at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined in the Government Code. Military equipment are items that are designated prohibited or controlled by the Federal Defense Logistics Agency.

AB 481 requires approval on an annual basis for the continued use of military equipment and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either approve the continued use of military equipment; disapprove a renewal of the authorization for a type, as defined, of military equipment; or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with standards for approval.

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File #: 25-0548, Version: 1

DISCUSSION
Background
On April 5, 2022, the City Council adopted an ordinance, 2022-04-05-1601, approving SPD’s General Order F-02a, a policy regarding the acquisition and use of military equipment, as required by AB 481.

Military equipment includes but is not limited to, unmanned, remotely piloted vehicles, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units, noise-flash diversionary devices and explosive breaching tools, kinetic energy weapons and munitions, or any equipment that is designated as prohibited or controlled by the federal Defense Logistics Agency and any other equipment as determined by a governing body or a state agency to require additional oversight. The policy established the Department's designee for creating an annual report to the public on the SPD's military equipment inventory.

Subsequently, SPD transitioned its policies from general orders to the Lexipol policy system.

Ordinance 2022-04-05-1601 was based on the outdated General Order F-02a and required an update to align with the new Lexipol Policy 706 to be in compliance with Government Code requirements. On May 21, 2024, the City Council adopted ordinance 2024-05-21-1601, authorizing the transition from General Order F-02a to Lexipol policy 706 titled “Military Equipment”, attached hereto (Attachment A). The 2025 Annual report was published on the Stockton Police Department webpage on April 2, 2025 (Attachment B).

Present Situation
In 2025 the state of California ammended the title of Category 13 from “TASER Shockwave, Microwave Weapons, Water Cannons, and Long-Range Acoustic Devices” to include “Area denial electroshock devices, microwave weapons, water cannons, long-range acoustic devices, acoustic hailing devices, and sound cannons”. Based on this, SPD determined that the current ordinance requires an update to approve the current military equipment policy.

The SPD is also planning for new equipment and other acqusitions, as outlined in the 2025 Annual Report. A portion of the purchase costs will be funded through the 1033 program, the City will only be responsible for expenses related to ongoing maintenance and training. New acquisitions include, but are not limited to:
· Two DJI M30t UASs and battery charging stations.
· One DJI Avata UASs
· Lenco Bearcat Tactical Armored Vehicle. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet-resistant glass, overhead lights, and siren.
· Humvee (HMMWV) for supply delivery/logistics during emergency and extended duration incidents, and for use during community engagement events. · Armored Critical Incident Vehicle, also known as a Rook. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet-resistant glass, mechanical platform, and breaching capabilities. · Command-and-control vehicle listed in Category 5 and similar to item 2, the MCP2, to improve our ability to effectively respond to multiple negotiations and/or complex investigations simultaneously.

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File #: 25-0548, Version: 1
· Command-and-control vehicle listed in Category 5 to replace item 4, the Bomb Squad Truck.

The replacement vehicle will either be a sprinter van or delivery truck outfitted to house the Bomb Squad’s tools and equipment.
· Ammunition will need replacement/restocking as they are used throughout the year for training, qualifications, and as they are assigned as duty ammunition. · Munitions will need replacement/restocking as they are used throughout the year in training, authorized deployments, and as expired munitions are replaced. · Gas injector system as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle that was requested for acquisition. The gas injector unit is a device that is mounted to the tactical armored vehicle's ram and enables the safe delivery of a CS or OS canister into a structure, vehicle, or other location where an approach on foot or with another delivery system is too dangerous or impractical.
· LRAD (Long Range Acoustic Device) is a specialized loudspeaker used for communicating at a distance, negotiations with barricaded suspects, mass notifications and natural emergencies.
· Ammunition related to Category 14 will require replacement/restocking as they are used throughout the year in training and authorized deployments.

Publication
The Notice for this public hearing was published in The Record on April 17, 2025.

FINANCIAL SUMMARY
There is no immediate financial impact to the City from the proposed action. Costs noted in the SPD’s 2025 AB481 Annual Report are as follows:
· Annual equipment maintenance and Supply costs - $433,627 · Training costs - $669,059
· Equipment needs - $2,008,405
Budget for these items is included in the Police Department’s annual budget in the General and Other Special Revenue Funds. The Department will seek grants or other funding opportunities to fund equipment needs.

Attachment A - Ordinance 2024-05-21-1601
Attachment B - Stockton Police Department 2025 AB 481 Annual Report and SPD Policy 706, titled “Military Equipment”
City of Stockton Page 3 of 3 Printed on 5/8/2025
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STOCKTON

POLICE DEPARTMENT
2025 AB 481 ANNUAL REPORT
Military Equipment Used by Law
Enforcement

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2 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Table of Contents
History ............................................................................................................................. 3 Introduction ..................................................................................................................... 4 Military Equipment Categories ........................................................................................ 5 Category 1 – Unmanned Aerial or Ground Vehicles .................................................... 6 Category 2 – Armored Personnel Carriers................................................................... 9 Category 3 – High Mobility Multipurpose Wheeled Vehicles (HMMWV) or Vehicles That Have a Breaching or Entry Apparatus Attached ................................................ 10 Category 4 – Tracked Armored Vehicles ................................................................... 12 Category 5 – Command and Control Vehicles........................................................... 13 Category 6 – Weaponized Aircraft, Vessels, or Vehicles of Any Kind........................ 16 Category 7 – Battering Rams, Slugs, and Breaching Apparatuses Explosive in Nature ................................................................................................................................... 17 Category 8 – Firearms of .50 Caliber or Greater ....................................................... 19 Category 9 – Ammunition of .50 Caliber or Greater................................................... 20 Category 10 – Specialized Firearms and Ammunition of Less Than .50 Caliber ....... 21 Category 11 – Firearm Designed to Launch Explosive Projectiles ............................ 24 Category 12 – Flashbangs, Explosive Breaching, Tear Gas, Pepper Balls ............... 25 Category 13 – TASER Shockwave, Microwave Weapons, Water Cannons, and LongRange Acoustic Devices............................................................................................ 30 Category 14 – Kinetic Energy Weapons and Munitions............................................. 31 Category 15 – Any Other Equipment as Determined to Require Additional Oversight ................................................................................................................................... 34 Externally Hosted Training Costs .................................................................................. 35 Conclusion .................................................................................................................... 36 Policy - Military Equipment ............................................................................................ 37

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3 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report History
On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 requiring California law enforcement agencies to obtain approval of a Military Equipment Use Policy by their applicable governing body (City Council) prior to taking certain actions related to the funding, acquisition, or use of “military equipment.” Assembly Bill 481 allows the governing body to approve the funding, acquisition, and use of military equipment within its jurisdiction if the equipment meets specified standards. The Military Equipment Use Policy and an Annual Military Equipment Use Report is subject to annual review to affirm the criteria outlined in Assembly Bill 481 have been met.

The format of this report was crafted in a manner that conforms to the statutorily required annual report pursuant to California Government Code section 7072(a) to include the following information:

1.) A summary of the “military equipment” uses and the purpose;

2.) A summary of any complaints or concerns regarding the “military equipment”;

3.) The results of any internal audits, information on any violations, and actions taken in response;

4.) The total annual cost for each type of equipment;

5.) The quantity possessed of each type of equipment;

6.) The intent to acquire additional equipment and quantity sought.

The Stockton Police Department recognizes the public’s ongoing interest in how military equipment is used to protect our community and is committed to maintaining our community’s trust in providing professional and responsive police services. As such, the Stockton Police Department has authored the following comprehensive Annual Military Equipment Use Report to remain transparent with our community and in accordance with annual reporting requirements set forth by applicable California Law.

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4 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Introduction
The Stockton Police Department is committed to the protection of lives and property by working with our community and providing professional and responsive police services.

To accomplish our mission effectively and safely, the Stockton Police Department possesses and utilizes certain specialized equipment (“military equipment”) to safeguard the citizens of Stockton and protect our first responders. While our inventory of “military equipment,” varies, the mere possession of this equipment does not guarantee its use. The merits and a totality of the circumstances of each unique incident are considered before “military equipment” is utilized in compliance with department policy and law.

The term "military equipment," as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military. Many items defined as "military equipment" by the bill are more often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various lethal and non-lethal challenges facing our communities. The Stockton Police Department's use of “military equipment” is consistent with overall best practices employed by police departments throughout the country.

Items used by the Stockton Police Department that are considered “military equipment,” under Assembly Bill 481 include, but are not limited to, emergency response equipment such as command vehicles and armored rescue vehicles, less-lethal shotguns, lesslethal 40mm projectile launchers, precision weapons such as rifles, unmanned aircraft systems, and other select items. The continued access to, and use of, this equipment is vital in ensuring our officers have the appropriate tools necessary to de-escalate situations, preserve life, ensure safety for all people, and protect civil liberties. The City of Stockton approved our current Military Equipment Use Policy and Report in 2024.

This Annual Military Equipment Use Report outlines a summary of the equipment usage guidelines, inventory, fiscal impact, complaints, and reported community concerns for calendar year 2024 (January 1, 2024, through December 31, 2024). Unless stated otherwise, planned acquisition, replacement, and maintenance funding are derived from the department’s operating budget.

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5 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Military Equipment Categories
Assembly Bill 481 created Government Code 7070 which designated 15 categories of items defined as “military equipment”:

Category 1 Unmanned, remotely piloted, powered aerial or ground vehicles.

Category 2 Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

Category 3
High mobility multipurpose wheeled vehicles (HMMWV), two and onehalf-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Category 4 Tracked armored vehicles that provide ballistic protection to their occupants.

Category 5 Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Category 6 Weaponized aircraft, vessels, or vehicles of any kind.

Category 7
Battering rams, slugs, and breaching apparatuses that are explosive in nature. Bolt cutters and handheld rams designed to be operated by one person are excluded.

Category 8 Firearms of .50 caliber or greater, excluding standard-issue shotguns.

Category 9 Ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition.

Category 10
Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code §30510 and Penal Code §30515, except for standard-issue handguns.

Category 11 Any firearm or firearm accessory that is designed to launch explosive projectiles.

Category 12 “Flashbang,” diversionary devices, explosive breaching tools, “tear gas,” and “pepper balls,” excluding handheld pepper spray.

Category 13 TASER® Shockwave, microwave weapons, water cannons, and longrange acoustic devices.

Category 14
The following projectile launch platforms and their munitions: 40mm projectile launchers, “bean bag,” rubber bullets and specialty impact munitions weapons.

Category 15 Any other equipment as determined by a governing body or a state agency requiring additional oversight.

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6 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 1 – Unmanned Aerial or Ground Vehicles
Assembly Bill 481 Category 1 reporting requirements: unmanned, remotely piloted, and powered aerial or ground vehicles.

Unmanned Aerial Systems (UAS)
Description and Purpose:

Unmanned Aerial Systems (UAS) are battery powered, remote operated, unmanned aerial devices and includes the equipment used to control it. Remote controls allow operators to control the UAS and view live feed from UAS-mounted cameras. The UASs are used in search and rescue, preoperational surveillance, and other tactical situations where aerial views enhance the safety and efficiency of law enforcement and fire personnel.

Inventory:

1. DJI Matrice 300’s
Acquisition Cost: $30,000 each
Quantity: 2

2. DJI Air 2S
Acquisition Cost: $1,400 each
Quantity: 3

3. DJI Mini 2
Acquisition Cost: $1,000 each
Quantity: 4

4. DJI Mavic 2 Enterprise
Acquisition Cost: $4,500
Quantity: 1

5. DJI Mavic 3
Acquisition Cost: $9,000
Quantity: 3

6. DJI M30t
Acquisition Cost: $20,000 each
Quantity: 3

7. DJI Avata 2
Acquisition Cost $1,200 each
Quantity: 5 (2 acquired in 2024)

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7 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Hazardous Duty Unmanned Ground Vehicles
Description and Purpose:

Hazardous duty unmanned ground vehicles are remotely operated hazardous duty robotic platforms providing Bomb Technicians with the ability to remotely access, investigate, and render safe suspected hazardous devices and items.

The hazardous duty unmanned ground vehicles are multi-mission platforms which also provide Bomb Technicians with the ability to gain access to and observe the interior/exterior of a structure or other location. This capability increases the safety of community members, public safety personnel, and suspects by providing the robot operator with the ability to observe and locate subjects and hazardous items without the risk of unnecessary face-to-face confrontation or exposure to those hazards.

The remote, two-way, communication capability allows personnel to de-escalate situations by negotiating the surrender of barricaded subjects. The robot can deliver throw phones or other items during negotiations.

These robots may be controlled wirelessly with two-way radio frequency transceivers or a spooled fiber optic line.

Inventory:

1. Remotec Andros F6A
Acquisition Cost: $250,000
Quantity: 1

2. Remotec Andros HD-SEL
Acquisition Cost: $290,000
Quantity: 1
Number of Authorized Usages of Category 1 Equipment in 2024: 1,059 Authorized Usages Included:
• Deployments during incidents involving barricaded suspects. • Deployments to search for fleeing/concealed suspects. • Deployments in preparation for and during warrant services. • Deployments in support of SWAT operations.
• Deployments for search and rescue operations.
• Deployments to search for missing persons.
• Deployments during illegal sideshow activity.
• Deployments to investigate suspicious devices.
• Training deployments.

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8 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Fiscal Impact:

In 2024, Category 1 new equipment acquisitions totaled $1,400.

In 2024, Category 1 equipment training departmentwide consisted of 1,500 hours totaling $84,282.

It is estimated that $38,500 is utilized for the maintenance and software licensing of all Category 1 equipment.
2024 Summary of Complaints or Concerns:

No complaints or concerns received.
2024 Internal Audits:

An internal audit found that one Mavic Air 2 was not reported on the 2024 report. The device was purchased in 2021.
2024 Policy Violations:

No violations.

Category 1 Intended Equipment Acquisition in 2025:

The Stockton Police Department anticipates acquiring two DJI Matrice 4T UAS and battery charging stations. These UAS weigh approximately 2.6 pounds, features a radiometric thermal camera with an infrared super-resolution mode, a 48-megapixel camera with up to 200x digital zoom, a wide-angle camera, and a laser rangefinder which can give the precise coordinates of objects up to 1,800 meters away. This UAS has a flight time of approximately 42 minutes and can operate in harsh weather conditions. The estimated purchase cost is $10,000 each.

The Stockton Police Department anticipates acquiring a Peraton Remotec Andros Spartan robot. Department staff are in the process of writing a grant application for this equipment, which is state-of-the-art. The estimated purchase cost is $400,000.

The Stockton Police Department anticipates acquiring 1 DJI Avata UAS and additional batteries for those systems. This UAS weighs approximately 1 pound, features a super wide field of view camera with powerful video stabilization. It has enhanced safety with a built-in propeller guard that makes it capable of flying indoors. The estimated purchase cost is $2,600 each.

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9 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 2 – Armored Personnel Carriers
Assembly Bill 481 Category 2 reporting requirements: mine-resistant ambush-protected vehicles or armored personnel carriers.

Armored Personnel Carrier

1. Mine-Resistant Ambush Protected (M-RAP)
Description and Purpose:

An MRAP (Mine-Resistant Ambush Protected) vehicle, while primarily designed for high-risk military operations, can be repurposed for specialized law enforcement needs.

It could serve as a mobile command post or protective transport during natural disasters, such as floods or wildfires, where its durability allows it to traverse challenging terrain.

Additionally, it could be used for critical incidents requiring officer safety, such as active shooter responses or high-risk warrant services, and as a tool for community engagement, showcasing the department's preparedness for large-scale emergencies.

Its capabilities also make it ideal for mutual aid requests in regional disasters or major public safety events.

Acquisition Cost: Free
Quantity: 1
Number of Authorized Usages of Category 2 Equipment in 2024: Zero Annual Costs:

It is estimated that the annual maintenance for the M-RAP will be $5,000. 2024 Summary of Complaints or Concerns:

No complaints or concerns received.
2024 Internal Audits:

No discrepancies noted.
2024 Policy Violations:

No violations.

Category 2 Acquisition anticipated for 2025:

The Stockton Police Department does intend to acquire another Armored Personnel Carrier in 2025.

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10 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 3 – High Mobility Multipurpose Wheeled Vehicles (HMMWV) or Vehicles That Have a Breaching or Entry Apparatus Attached Assembly Bill 481 Category 3 reporting requirements: high mobility multipurpose wheeled vehicles (HMMWV), two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Vehicle With Breaching Apparatus

1. Lenco Bearcat Tactical Armored Vehicle
Description and Purpose:

The Lenco Bearcat Tactical Armored Vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, overhead lights, and sirens.

This tactical vehicle may be used to facilitate rescue operations, conduct evacuations, provide emergency medical aid in dangerous environments, during rapidly evolving critical incidents having a potential of injury or death, for high-risk pre-planned events, and other approved law enforcement purposes as needed. The vehicle’s ballistic protection provides an environment and opportunity for our officers to de-escalate incidents with potentially armed suspects while minimizing risk to all involved.

This tactical vehicle has an attachable breaching apparatus that can be used to gain entry into structures or other fortified locations where other breaching methods are impractical or would otherwise be ineffective.

Acquisition Cost: $292,294
Quantity: 1
Number of Authorized Usages of Category 3 Equipment in 2024: 146 Authorized Usages Included:
• Deployments during incidents involving barricaded suspects. • Deployments during calls for service involving armed suspects. • Deployments during the service of search warrants.

Annual Costs:

It is estimated that $8,200 is utilized for the maintenance of all Category 3 equipment.

In 2024, Category 3 equipment training department-wide consisted of 47 hours totaling $2,643.
2024 Summary of Complaints or Concerns:

No complaints or concerns received.

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11 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report 2024 Internal Audits:

No discrepancies noted.
2024 Policy Violations:

No violations.

Category 3 Intended Equipment Acquisition in 2025:

The Stockton Police Department anticipates acquiring a new Lenco Bearcat Tactical Armored Vehicle. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, overhead lights, and sirens. The estimated purchase cost of this vehicle would be $530,000 and the annual fiscal impact would be estimated at $10,000 for maintenance.

The Stockton Police Department anticipates acquiring a Humvee (HMMWV) for supply delivery/logistics during emergency and extended duration incidents, and for use during community engagement events. The estimated purchase cost of this vehicle would be free through the Law Enforcement Support Program (LESO) and the fiscal impact would be estimated at $5,000 for annual maintenance.

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12 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 4 – Tracked Armored Vehicles
Assembly Bill 481 Category 4 reporting requirements: tracked armored vehicles that provide ballistic protection to their occupants.

The Stockton Police Department did not possess, acquire, or use tracked armored vehicles in 2024.

Category 4 Intended Equipment Acquisition in 2025:

The Stockton Police Department anticipates acquiring an Armored Critical Incident Vehicle, also known as a Rook. This vehicle is designed to provide ballistic protection during tactical events and is equipped with armored sides, bullet resistant glass, mechanical platform, and breaching capabilities. Acquisition of this vehicle will be dependent on the availability of adequate grant funding. The estimated purchase cost of this vehicle would be $478,640.00 and the fiscal impact would be estimated at $16,292 for yearly maintenance.

This vehicle was approved in 2024; however, it has not been acquired.

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13 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 5 – Command and Control Vehicles
Assembly Bill 481 Category 5 reporting requirements: command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Command and Control Vehicles

1. Mobile Command Post (MCP1)
Description and Purpose:

MCP1 is a tractor-trailer combination vehicle requiring a Class A license to operate.

This vehicle is used on prolonged investigations or operations requiring command staff or outside agency assistance. The vehicle is broken up into several compartments.

The tractor houses a Negotiations Operation Center (NOC) where Crisis Negotiators may conduct negotiations. This is connected to the trailer via phone and data lines.

There is also a port for the throw phone to connect into the NOC to minimize interruptions to ongoing negotiations.

The trailer has a Command Room with a table and chairs. This area is designated for command staff, city departments heads, or outside agencies to meet. There is a PD workstation in the Command Room.

There are three workstations in the main body of the trailer and four Computer Aided Dispatch (CAD) stations. The CAD stations are set up with foot pedals and headsets to allow multiple dispatchers to operate at the same time.

This vehicle is capable of being run on shore power or the installed generator.

MCP1 is additionally equipped with the following for long-term deployments:
• Cell coverage for internet and phone
• Satellite coverage for internet and phone
• Camera with recording capabilities mounted on a boom
• Bathroom
• Microwave/coffeepot
Acquisition Cost: $509,783
Quantity: 1

2. Mobile Command Post (MCP2)
Description and Purpose:

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14 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report MCP2 is a quick response vehicle utilized on smaller callouts and shorter operations. It was built on a Ford E-450 Cutaway chassis, the vehicle features a

7.3L gasoline engine with electronic 6-speed automatic transmission. Bright LED tripod light poles are included for after-hours operations.

Inside, the vehicle features two workstations each with a 32-inch high-resolution display monitor. A magnetic closure pocket door segregates the rear NOC/interview room from the front work room. A small electronics rack houses the vehicle's equipment. A multi-function printer/copier is also included.

The rear room is utilized for crisis negotiation operations and is available for witness interviews during investigations. There are dual fixed bench seats and a center worktable with access to the CNT equipment. A vandal-resistant dome network camera with audio can be accessed through the network and is installed in this room to record interviews.

This vehicle is capable of being run on shore power or the installed generator.

Acquisition Cost: $219,245
Quantity: 1

3. SWAT Quick Response Vehicle (SWAT1)
Description and Purpose:

SWAT1 is designed as a rapid response vehicle equipped with lockers to hold SWAT operators’ call-out gear (e.g., ballistic vests, helmets, duty belts, etc.), rifles, shotguns, less lethal munitions, and other SWAT equipment.

SWAT1’s purpose is to respond to a critical incident with all required gear and equipment needed for SWAT operators to safely de-escalate or manage rapidly evolving incidents. This enables SWAT operators to respond directly to the scene of a critical incident without having to stop elsewhere to acquire their individual equipment. SWAT1 also acts as a forward tactical command post to aid with command and control over SWAT operations.

Acquisition Cost: $425,897
Quantity: 1

4. Bomb Squad Truck and Trailer:

Description and Purpose:

The Bomb Squad truck and trailer allow Bomb Technicians to store and transport the necessary equipment to calls for service involving suspicions packages or

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15 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report hazardous devices. The vehicle enables Bomb Squad personnel to maintain command and control over Bomb Squad operations.

Acquisition Cost: $150,000
Quantity: 1
Number of Authorized Usages of Category 5 Equipment in 2024: 61 Authorized Usages Included:
• Deployments to incidents requiring crisis negotiations. • Deployments during SWAT operations to facilitate logistical support. • Deployments to facilitate interviews during homicide investigations. • A deployment to exercise command and control over an officer involved shooting scene.
• Deployments to investigate suspicious devices.

Fiscal Impact:

In 2024, Category 5 equipment training department-wide consisted of 1,864 hours totaling $103,483.

Annually, it is estimated that $24,000 is utilized for the maintenance of all Category 5 Equipment.
2024 Summary of Complaints or Concerns:

No complaints or concerns received.
2024 Internal Audits:

No discrepancies noted.
2024 Policy Violations:

No violations.

Category 5 Intended Equipment Acquisition in 2025:

The Stockton Police Department anticipates acquiring a command-and-control vehicle similar to Item # 2, the MCP2, to improve our ability to effectively respond to multiple negotiations and/or complex investigations simultaneously. Acquisition of this vehicle will be dependent on the availability of adequate grant funding. The anticipated acquisition cost is expected to be approximately $220,000 with $10,000 in annual maintenance.

The Stockton Police Department anticipates acquiring a command-and-control vehicle to replace Item # 4, the Bomb Squad Truck. The replacement vehicle will either be a sprinter van or delivery truck outfitted to house the Bomb Squad’s tools and equipment.

The anticipated acquisition cost is expected to be approximately $300,000 with annual maintenance expected to be less than the $20,500 used for the current Bomb Squad Truck.

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16 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 6 – Weaponized Aircraft, Vessels, or Vehicles of Any Kind Assembly Bill 481 Category 6 reporting requirements: weaponized aircraft, vessels, or vehicles of any kind.

The Stockton Police Department did not possess, acquire, or use weaponized aircraft, vessels, or vehicles in 2024.

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17 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 7 – Battering Rams, Slugs, and Breaching Apparatuses Explosive in Nature
Assembly Bill 481 Category 7 reporting requirements: battering rams, slugs, and breaching apparatuses that are explosive in nature. Bolt cutters and handheld rams designed to be operated by one person are excluded.

Breaching Slugs
Description and Purpose:

Ballistic breaching rounds are specially designed rounds made to defeat locking mechanisms, hinges, and other fortifications used to delay or prevent entry into a structure or vehicle. Ballistic breaching rounds are fired using a 12-gauge shotgun.

SWAT utilizes ballistic breaching rounds to breach fortified entry points during high-risk situations where any delay poses a great risk to the victims, suspects, or public safety personnel. Ballistic breaching is used for, but not limited to hostage rescue, active shooter incidents, natural disasters, and high-risk warrant service.

Inventory:

1. Royal Arms TESAR 1 Breaching Rounds
Acquisition Cost: $7.95 each
Quantity: 25

2. Royal Arms TESAR 2 Breaching Rounds
Acquisition Cost: $8.96 each
Quantity: 250
Battering Rams

1. Aardvark KBT Breaching Tool
Description and Purpose:

The Kinetic Breaching Tool (KBT) is a powder-actuated kinetic energy forced entry tool. The KBT operates using a crimped blank explosive charge that drives a captive steel impact plate. The impact plate extends forward and strikes the targeted door hardware to defeat it. The impact plate automatically retracts and is reset in less than a second. Semiautomatic cycling allows repeated strikes on hardened or multiple targets.

The KBT is used when forced entry into a location is necessary, but other entry tools have failed, are unlikely to facilitate entry, or would otherwise jeopardize the safety of officers or the public and the use of the KBT could mitigate that risk.

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18 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Acquisition Cost: $12,500
Quantity: 2
Number of Authorized Usages of Category 7 Equipment in 2024: 7 Authorized Usages Included:
• Deployments during search warrant services.
• Emergency response to critical incidents.
• Probation and parole searches.

Financial Impact:

In 2024, Category 7 new equipment acquisitions totaled $0.

In 2024, Category 7 equipment training department-wide consisted of 614 hours totaling $34,077.

Annually, it is estimated that $8,395 is utilized for replacement and maintenance of Category 7 equipment.
2024 Summary of Complaints or Concerns:

No complaints or concerns received.
2024 Internal Audits:

No discrepancies noted.
2024 Policy Violations:

No violations.

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19 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 8 – Firearms of .50 Caliber or Greater
Assembly Bill 481 Category 8 reporting requirements: firearms and ammunition of .50 caliber or greater, excluding standard-issue shotguns.

The Stockton Police Department did not possess, acquire, or use any firearms of .50 caliber or greater in 2024.

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20 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 9 – Ammunition of .50 Caliber or Greater
Assembly Bill 481 Category 9 reporting requirements: ammunition of .50 caliber or greater, excluding standard issue shotgun ammunition.

The Stockton Police Department did not possess, acquire, or use any ammunition of .50 caliber or greater in 2024.

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21 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 10 – Specialized Firearms and Ammunition of Less Than .50 Caliber Assembly Bill 481 Category 10 reporting requirements: specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code §30515, with the exception of standard-issue handguns.

Carbine Rifles
Description and Purpose:

Carbine rifles are firearms, capable of accurately stopping an armed subject at various distances including those that exceed the capabilities of a service pistol. The carbine rifle is a lightweight, air-cooled, gas operated, magazine fed, shoulder fired weapon.

The .223/5.56 cartridge is used as a lethal option designed to stop a violent encounter.

The projectile is capable of penetrating soft body armor being worn by armed subjects.

Inventory:

1. Axelson Tactical AXE-18
Acquisition Cost: $2,056 each
Quantity: 60

2. Colt LE6933
Acquisition Cost: $2,167 each
Quantity: 67

3. Colt LE6945CQB
Acquisition Cost: $2,200 each
Quantity: 28

4. Colt M-4 Carbine
Acquisition Cost: $1,900 each
Quantity: 14

5. Colt M-4 Commando
Acquisition Cost: $1,900 each
Quantity: 16

6. Daniel Defense MK18
Acquisition Cost: $1,577 each
Quantity: 2

7. Heckler & Koch MP5SD
Acquisition Cost: $0 each
Quantity: 2

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22 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report

8. Daniel Defense DDM4V7S
Acquisition Cost: $1,306 each (2024)
Quantity: 20

9. Cobalt Kinetics CK-Pro
Acquisition Cost: $2,275 each (2024)
Quantity: 26
Sniper Rifles
Description and Purpose:

The sniper element of the Stockton Police Department SWAT team deploys bolt action and semiautomatic precision rifles, which enables the stopping of an armed subject at a safe distance. These weapons fire a .308 caliber cartridge that is capable of penetrating soft body armor being worn by armed subjects and is designed to stop violent encounters.

1. GA Precision MCM A5
Acquisition Cost: $8,140
Quantity: 2

2. Remington 700
Acquisition Cost: $2,200
Quantity: 6

3. LaRue Tactical LT762
Acquisition Cost: $6,000
Quantity: 2

4. JP Enterprises LRP-07
Acquisition Cost: $6,107 each
Quantity: 5 (2 acquired in 2024)
Ammunition
Description and Purpose:

The department utilizes .223/.566 rounds in the carbine rifles which provide good accuracy within intermediate ranges and yield relatively low recoil. The department utilizes .308 rounds in the sniper rifle which offer longer range and provide greater barrier penetration than the .223/5.56 rounds.

1. .223/5.56

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23 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Acquisition Cost: $0.49/round
Quantity: $29,913.85

2. .308
Acquisition Cost: $0.86/round
Quantity: 20,000 (No acquisition in 2024)
Number of Authorized Usages of Category 10 Equipment in 2024: 2 Authorized Usages Included:
• Defense of the threat of loss of life or great bodily injury. • Deployments were during two events in which officers were being shot at or attacked.

Fiscal Impact:

In 2024, weapons replacement for Category 10 equipment was $97,484.

In 2024 ammunition replacement for Category 10 equipment was $29,913.85.

In 2024, Category 10 equipment training department-wide consisted of approximately 3,599 hours totaling $200,000. This does not include semiannual rifle qualifications for trained personnel.
2024 Summary of Complaints or Concerns:

The Stockton Police Department received one complaint about the deployment of the above listed rifles. The investigation found that there was no policy or law violation. 2024 Internal Audits:

No discrepancies.
2024 Policy Violations:

No violations.

Category 10 Intended Equipment Acquisition in 2025:

Category 10 ammunition will need replacement/restocking as they are used throughout the year for training, qualifications, and as they are assigned as duty ammunition.

Category 10 ammunition is a part of the overall annual ammunition budget estimated to be $250,000. Additionally, several rifles are in need of replacement. The estimated cost of replacement is $9,100.

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24 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 11 – Firearm Designed to Launch Explosive Projectiles Assembly Bill 481 Category 11 reporting requirements - Any firearm or firearm accessory that is designed to launch explosive projectiles.

The Stockton Police Department did not possess, acquire, or use any firearm or firearm accessory that is designed to launch explosive projectiles.

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25 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 12 – Flashbangs, Explosive Breaching, Tear Gas, Pepper Balls Assembly Bill 481 Category 12 reporting requirements: “flashbangs,” diversionary devices, explosive breaching tools, “tear gas,” and “pepper balls,” excluding handheld pepper spray.

Flashbang Diversionary Devices
Description and Purpose:

Noise Flash Diversionary Devices (NFDD), commonly referred to as “flashbangs,” are a non-fragmenting device that creates a bright flash and loud sound to temporarily divert the attention of subjects in the immediate area. NFDDs are used to distract and temporarily incapacitate suspects by overwhelming their senses of vision and hearing.

The distraction allows officers to seize a moment of opportunity and take control of highrisk situations.

Inventory:

1. NFDD Defense Technology (DT8901) Single bang
Acquisition Cost: $50 each
Quantity: 120

2. NFDD Defense Technology (CTS-7290-9) 9-bang
Acquisition Cost: $153 each
Quantity: 80
Explosive Breaching Apparatuses
Description and Purpose:

Explosive breaching apparatuses are explosives designed for specific breaching goals.

SWAT currently utilizes C-1 Flex Sheet, 25GR/FT Det cord, 50GR/FT Det cord, and NONEL 40FT blasting caps for charge construction. Explosives are purpose built for the specific fortification/barrier needing defeat.

SWAT utilizes explosive breaching to defeat fortified entry points during high-risk situations, where delay poses a great risk to the victims, suspects, or public safety personnel. Explosive breaching is used for, but not limited to hostage rescue, active shooter situations, natural disasters, and high-risk warrant service.

Inventory:

1. Aesflex Sheet C-1
Acquisition Cost: $326/lb
Quantity: 6lbs

2. Primacord 5 (25GR/FT)
Acquisition Cost: $0.64/ft

ATTACHMENT B
1809
26 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Quantity: 3000ft

3. Primacord 10 (50GR/FT)
Acquisition Cost: $0.66/ft
Quantity: 1000ft

4. Nonel MS 0 Blasting Caps
Acquisition Cost: $18 each
Quantity: 120
Tear Gas
Description and Purpose:

Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Stockton Police Department as a less-lethal tool to disperse rioting suspects and on barricaded suspects. The Stockton Police Department uses chemical agents commonly used by law enforcement across the United States including OC (Oleoresin Capsicum) and CS (2-Chlorobenzylidenemalononitrile). CS is an irritating agent that irritates the eyes and causes tears to flow. CS has been medically tested in the UK and by the U.S.

Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to members of the public to legally possess (2.5oz or less). OC is an inflammatory agent which causes involuntary closure of eyes and respiratory inflammation.

The Stockton Police Department uses a variety of munitions that disperse chemical agents including grenades, 40mm rounds, and liquid dispersal.

Inventory:

1. Defense Technology Flameless Tri Chamber OS
Acquisition Cost: $36 each
Quantity: 8

2. Defense Technology Flameless Expulsion OC grenade
Acquisition Cost: $36 each
Quantity: 4

3. Defense Technology 40mm Barricade Penetrator Ferret Rounds CS Powder Acquisition Cost: $25 each
Quantity: 80

4. Defense Technology 40mm Barricade Penetrator Ferret Rounds OS Powder Acquisition Cost: $25 each
Quantity: 91

ATTACHMENT B
1810
27 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report

5. Defense Technology 40mm Barricade Penetrator Muzzle Blast Rounds CS Acquisition Cost: $22 each
Quantity: 12

6. Defense Technology 40mm Barricade Penetrator Muzzle Blast Rounds OS Acquisition Cost: $22 each
Quantity: 125

7. Defense Technology HC Smoke Grenade
Acquisition Cost: $44 each
Quantity: 25

8. Defense Technology Instantaneous Blast OC grenade
Acquisition Cost: $56 each
Quantity: 12

9. Defense Technology Speed-Heat 40 mm CS
Acquisition Cost: $34 each
Quantity: 28

10.Defense Technology Skat Shell 37mm multiple projectile CS round Acquisition Cost: $46 each
Quantity: 69

11.Defense Technology Triple Chaser Separating Canister CS Acquisition Cost: $60 each
Quantity: 31

12.Defense Technology Riot Control Continuous Discharge Grenade CS Acquisition Cost: $33 each
Quantity: 20

13.Defense Technology Pocket Tactical Grenade CS
Acquisition Cost: $32 each
Quantity: 2

14.Defense Technology 46oz MK46 CS Riot Extinguisher
Acquisition Cost: $642 each
Quantity: 2

15.Defense Technology 46oz MK46 CS Mace Liquid
Acquisition Cost: $109 each
Quantity: 6

ATTACHMENT B
1811

28 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report

16.Defense Technology Spede-Heat CS Grenade
Acquisition Cost: $33 each
Quantity: 12

17.Defense Technology Stinger Rubber Ball CS Grenade
Acquisition Cost: $51 each
Quantity: 12

18.Defense Technology 40mm OC Direct Impact Foam Round
Acquisition Cost: $35 each
Quantity: 37

19.Defense Technology Large Style Maximum HC Yellow Smoke Grenade Acquisition Cost: $62 each
Quantity: 22

20.Defense Technology Large Style Maximum HC Red Smoke Grenade Acquisition Cost: $51 each
Quantity: 5
Number of Authorized Usages of Category 12 Equipment in 2024: 80 Authorized Usages Included:
• Deployments of flashbangs during search warrant services.

Financial Impact:

In 2024, replacement/restocking cost for Category 12 equipment was approximately $24,240.

In 2024, Category 12 equipment training departmentwide consisted of 580 hours totaling $32,190.
2024 Summary of Complaints or Concerns:

No complaints or concerns received.
2024 Internal Audits:

No discrepancies noted.
2024 Policy Violations:

No violations.

Category 12 Intended Equipment Acquisition in 2024:

Category 12 munitions will need replacement/restocking as they are used throughout the year in training, authorized deployments, and as expired munitions are replaced.

The anticipated cost of annual replacement/restocking is $32,000.

ATTACHMENT B
1812
29 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report The Stockton Police Department plans to acquire a gas injector system as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle that was requested for acquisition. The gas injector unit is a device that is mounted to the tactical armored vehicle’s ram and enables the safe delivery of a CS or OS canister into a structure, vehicle, or other location where an approach on foot or with another delivery system is too dangerous or impractical. The gas injector system attachment is expected to cost $14,552 with no anticipated annual maintenance costs.

ATTACHMENT B
1813
30 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 13 – TASER Shockwave, Microwave Weapons, Water Cannons, and Long-Range Acoustic Devices
Assembly Bill 481 Category 13 reporting requirements: TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices.

The Stockton Police Department did not possess, acquire, or use any TASER® Shockwaves, microwave weapons, water cannons, and long-range acoustic devices in 2024.

Category 13 Intended Equipment Acquisition in 2025:

The Stockton Police Department plans to acquire a Long-Range Acoustic Device (LRAD) as an attachment to the Category 3 Lenco Bearcat Tactical Armored Vehicle requested acquisition. The LRAD is a specialized loudspeaker used for communicating at a distance such as when negotiating with armed suspects, barricaded suspects, suicidal persons who are in a location that is unsafe to access, and for providing mass notifications during emergencies or natural disasters. The LRAD attachment is expected to cost $41,213 with no anticipated annual maintenance costs.

ATTACHMENT B
1814
31 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 14 – Kinetic Energy Weapons and Munitions
Assembly Bill 481 Category 14 reporting requirements: the following projectile launch platforms and their munitions - 40mm projectile launchers, “bean bag,” rubber bullets and specialty impact munitions weapons.
40mm Projectile Launchers

1. Defense Technology 40mm Tactical Launcher
Description and Purpose:

The Stockton Police Department possesses single shot 40mm projectile launchers that expel less-lethal munitions. These launchers can deliver both kinetic and chemical munitions. The single shot nature of these launchers requires the officer to assess after every spent munition.

These launchers are used in crowd control situations such as unlawful assemblies and riots as well as with physically resistant suspects where other force options would be inappropriate, less effective, or otherwise unavailable.

Acquisition Cost: $1,047 each
Quantity: 4
40mm Kinetic Rounds
Description and Purpose:
40mm kinetic rounds are less-lethal rounds that are deployed from a 40mm projectile launcher. These rounds deliver energy on impact to a target, typically for crowd control/riot situations and actively resistant suspects. These munitions may be point-ofaim, point-of-impact direct fire rounds or skip fire rounds. The kinetic projectiles used by the department are sponge, foam, or rubber.

Inventory:

1. Defense Technology Exact Impact 40mm Standard Range Sponge Round Acquisition Cost: $33 each
Quantity: 134

2. Defense Technology Stinger 40mm 32-Caliber Rubber Balls Round Acquisition Cost: $64 each
Quantity: 10

3. Defense Technology Direct Impact 40mm Marking Crushable Foam Round Acquisition Cost: $24 each

ATTACHMENT B
1815
32 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Quantity: 15

4. Defense Technology Foam Baton 40mm Round
Acquisition Cost: $29 each
Quantity: 10

5. Defense Technology Stinger 37mm 32-Caliber Rubber Balls Round Acquisition Cost: $23 each
Quantity: 11
Bean Bag Shotguns
Description and Purpose:

Bean bag shotguns are specialized shotguns designated specifically to only be loaded with less-lethal rounds. These shotguns are clearly marked and identified with bright orange buttstocks and foregrips. These shotguns are used to dispense less-lethal rounds at suspects who are armed and/or physically resisting officers attempts to take them into custody.

Inventory:

1. Remington 870
Acquisition Cost: $700 each
Quantity: 58
Kinetic Shotgun Rounds
Description and Purpose:

Kinetic shotgun rounds are less-lethal rounds that are fired from a 12-gauge shotgun.

These include both bean bag and rubber ball rounds. Bean bag rounds are 40-gram tear shaped bags made from a cotton and ballistic material blend, filled with #9 shot, and loaded into a 12-gauge shell. Rubber ball rounds are 12-gauge shells loaded with approximately eighteen 32-caliber rubber balls. These rounds deliver a kinetic impact and pain to suspects with the goal of gaining the subject’s compliance and the cessation of their hostile behavior.

Inventory:

1. 12-gauge Bean Bag Rounds
Acquisition Cost: $5.40 each
Quantity: 5,600

ATTACHMENT B
1816
33 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report

2. Defense Technology Stinger 12-gauge 32-Caliber Rubber Balls Round Acquisition Cost: $7.10
Quantity: 10
Number of Authorized Usages of Category 14 Equipment in 2024: 15 Authorized Usages Included:
• Deployments to apprehend armed suspects.
• Deployments during the service of search warrants.
• De-escalation device.
• Deployments were utilized 15 times in 10 incidents, most of them involved an armed suspect.

Financial Impact:

In 2024, ammunition replacement for Category 14 equipment was $0.

Category 14 equipment training department-wide consisted of 758 hours totaling $12,069. This does not include semi-annual bean bag shotgun qualifications for trained personnel.
2024 Summary of Complaints or Concerns:

No complaints or concerns received.
2024 Internal Audits:

No discrepancies noted.
2024 Policy Violations:

No violations.

Category 14 Intended Equipment Acquisition in 2024:

Category 14 ammunition will need replacement/restocking as they are used throughout the year in training and authorized deployments. The anticipated cost of annual replacement/restocking is $12,740.

ATTACHMENT B
1817
34 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Category 15 – Any Other Equipment as Determined to Require Additional Oversight
Assembly Bill 481 Category 15 reporting requirements: any other equipment as determined by a governing body or a state agency to require additional oversight.

The Stockton Police Department did not possess, acquire, or use any other equipment as determined by a governing body or a state agency to require additional oversight in 2024.

ATTACHMENT B
1818
35 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Externally Hosted Training Costs
The personnel cost of training is absorbed into the Department’s operating budget.

Except where noted here, training was completed internally by the Department. The cost for staff to attend externally hosted training for military equipment usage in 2024 was approximately $142,105.46.

Training for Military Equipment Usage in 2024

COURSE COURSE
COST

PERSONNEL
HOURS

PERSONNEL COST
($55.50 per hour)
Firearm Courses $27,380.20 676 $37,518
Tactical based courses $15,712.37 406 $22,533
Chemical Agents Courses $1,218 48 $2,664
Less Lethal Courses $5,722.96 96 $5,328
Explosives Courses $83,488.93 280 $15,540
TOTAL $133,522.46 2,026 $83,583

ATTACHMENT B
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36 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Conclusion
The equipment, resources, and training outlined in this report allows the Stockton Police Department to protect our community by enhancing both public and officer safety. The use of “military equipment,” aids us in resolving critical incidents safely and effectively by providing us with sufficient engagement options to minimize the risk of serious injury or death that may be sustained by community members, officers, and suspects.

Although “military equipment,” is utilized infrequently, it is crucial that the equipment be readily available to deploy in rapidly evolving and dynamic situations where such equipment can be used to effectively respond to threats to public safety.

When deciding what “military equipment,” is funded, acquired, or used, the Stockton Police Department seriously considers the public's welfare, safety, concerns, and civil liberties. This annual “military equipment,” report was designed to reinforce the department's commitment to inform and provide transparency to our community and elected officials in addition to ensuring compliance with the law.

The department welcomes meaningful public input regarding the possession and use of “military equipment,” within our community. Inquiries, complaints, or concerns can be submitted via email to the Stockton Police Department's Military Equipment Coordinator, Lt. Esteban Arrieta at [email protected].

ATTACHMENT B
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37 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Stockton Police Department
Policy Manual
Policy - Military Equipment
Effective Date: April 11, 2024
Revised Date:

Issuing Authority:

Chief Stanley McFadden
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
• High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-halfton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.
• Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram. • Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § Policy
706

ATTACHMENT B
1821
38 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles.
• Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• Area denial electroshock devices, microwave weapons, water cannons, longrange acoustic devices, acoustic hailing devices, and sound cannons. • Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Stockton Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate the Research and Development Manager as the Military Equipment Coordinator. The responsibilities of the Military Equipment Coordinator include but are not limited to:
(a) Identifying department equipment that qualifies as military equipment in the current possession of the department, or the equipment that the department intends to acquire which requires approval by the City Council. (b) Conducting an inventory of all military equipment at least annually. (c) Collaborating with any allied agency that may use military equipment within the jurisdiction of Stockton Police Department (Government Code § 7071). (d) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(e) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

ATTACHMENT B
1822
39 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report (f) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the department will respond in a timely manner. 706.4 MILITARY EQUIPMENT REPORTING
The Chief of Police should designate the Training Section Manager as the liaison to the City Council.
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.

1. A list of each request and authorized budget item will be maintained within Research and Development.
706.5 MILITARY EQUIPMENT INVENTORY
The attached annual report includes a list of qualifying equipment for the department. 706.6 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the City Council prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS

ATTACHMENT B
1823
40 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. 706.9 ACQUISITION OF MILITARY EQUIPMENT
706.9.1 PROGRAM MANAGER RESPONSIBILITIES
Program Managers who utilize or wish to acquire military equipment shall:
(a) Confirm the item requested is authorized via the department's current Assembly Bill 481 Annual Report prior to acquisition.
(b) Complete the Military Equipment Acquisition Request Form and submit it to Research and Development via email. The form can be found in the Police SharePoint folder.
(c) Update Research and Development on any budget changes, which may prevent the acquisition of an authorized item.
(d) Annually provide the Military Equipment Coordinator with a list of planned acquisitions and the related budgets for the following year. (e) Ensure the use of authorized equipment is tracked including:

1. Number of deployments of each category of military equipment.

2. General nature of those deployments.

3. Hours of in-house training on each category of military equipment.

ATTACHMENT B
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41 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report

4. Names of outside schools that train the use or administration of military equipment, tuition costs, and number of hours.

5. The maintenance costs associated with possessed military equipment. 706.9.2 MILITARY EQUIPMENT COORDINATOR
The Military Equipment Coordinator or designee will review the applicable Program Manager's request and respond within 10 working days.
706.9.3 DEPARTMENTAL SCREENERS
Screeners are responsible for tracking the availability of and acquiring authorized military equipment from the Law Enforcement Support Program (LESO). In order to requisition equipment, screeners shall:
(a) Obtain authorization from the Military Equipment Coordinator or designee before submitting a request via Reutilization, Transfer, and Donation (RTD) for the following items:

1. Vehicles

2. Vessels

3. Aircraft

4. Weapons

5. Weaponized equipment
(b) Be familiar with requests and specifications of each item, ensuring the item for requisition meets the specifications submitted by the requesting Program Manager.
(c) Verify the budget for each item provided by the requesting Program Manager. (d) Obtain the fiscal impact for the acquisition of each item which may include transportation, delivery, or repairs.
(e) Contact the Military Equipment Coordinator or designee if the fiscal impact for the item supersedes the budgeted amount.

1. The Military Equipment Coordinator or designee will contact the affected Program Manager to verify if a budget increase is authorized. (f) Send an email message to the Military Equipment Coordinator within 24 hours of submitting the requisition via RTD or at a Defense Reutilization Marketing Office (DRMO).

The Military Equipment Coordinator or designee will monitor the acquisition and ensure that all requirements are met.
706.10 AUDIT OF MILITARY EQUIPMENT

ATTACHMENT B
1825
42 Military Equipment Used by Law Enforcement – Stockton Police Department 2025 Annual Report In addition to the annual audit performed by the Military Equipment Coordinator, Division Commanders will ensure that the use of military equipment by their assigned personnel is audited to ensure compliance.

Any misuse of equipment discovered in this process shall be addressed by the responsible Division Commander or designee.

ATTACHMENT B
1826

CITY COUNCIL MEETING
MAY 13, 2025
AGENDA ITEM 16.1
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1827

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
Assembly Bill 481 established the following requirements to ensure the responsible use of military equipment for the safety of our community and our police officers
1 Requires Stockton Police
Department to create a
Military Equipment Use
Policy
2 City Council Approval of policy
and the use, funding,
acquisition and continued use
of already approved
equipment.
3 Annual Report including
the purpose, complaints,
annual costs, quantity
possessed and intended
acquisitions.
1828

CITY OF STOCKTON
ASSEMBLY BILL 481
MILITARY EQUIPMENT USE 1
Requires Stockton Police
Department to create a Military
Equipment Use Policy (created
February 2022)
Stockton Police Department Policy 706: Military Equipment • Military equipment includes, but is not limited to: • Unmanned, remotely piloted vehicles • Command and control vehicles
• Noise-flash diversionary devices
• Kinetic energy weapons and munitions
• All items in this policy are currently in use at the Stockton Police Department and have use policies in place. • This policy is available to the public through the Stockton Police Department website.
1829
2 City Council Approval for the use,
funding, acquisition and
continued use of already
approved equipment.

The Stockton Police Department recognizes the public’s ongoing interest in how military equipment is used to protect our community and our officers. We are committed to maintaining our community’s trust in providing professional and responsive police services effectively and safely for all involved.

The term “military equipment” as used in Assembly Bill 481, does not necessarily indicate the equipment is, or has been used, by the military.

Many items defined as “military equipment” by the bill are often used by law enforcement to preserve life and enhance public and officer safety while remaining prepared to handle the various challenges facing our communities. The Stockton Police Department’s use of “military equipment” is consistent with overall best practices employed by the police departments throughout the country.

Assembly Bill 481 establishes oversight for the responsible use, funding and acquisition of “military equipment”.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1830
The Stockton Police Department Military Equipment Annual Report is available to the public and can be found online through the Stockton Police Department website.

This Annual Military Equipment Use Report
outlines a summary of the equipment usage
guidelines, inventory, fiscal impact,
complaints, and reported community
concerns for calendar year 2024 (January
1, 2024, through December 31, 2024).

CITY OF STOCKTON
ASSEMBLY BILL 481 3 MILITARY EQUIPMENT USE
Annual Report including the
purpose, complaints, annual
costs, quantity possessed and
intended acquisitions.
1831
2024 AB 481 Annual
Report highlights

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1832
Annual Report Summary
CATEGORY 1 – Unmanned aerial or ground vehicles
The Stockton Police Department currently has twenty-one (21) UAS (drones) in service and two (2) EOD hazardous duty
robots. These vehicles are used for search and rescue, tactical situations and bomb defusal.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1833
Annual Report summary
CATEGORY 2 – Armored Personnel Carriers
CATEGORY 3 – Vehicles that have a breaching or entry
apparatus attached
The Stockton Police Department has two (2) armored vehicles (one with breaching capabilities). These vehicles are used for emergency operations and provide officers and the public with a level of ballistic protection during critical incidents and rescues.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1834
Annual Report summary
CATEGORY 5 – Command and Control Vehicles
The Stockton Police Department has (4) command and
control vehicles. Two (2) are dedicated as mobile command posts and crisis negotiation vehicles. One (1) as a tactical command post for emergency response and one (1) as a
command vehicle for our Explosive Ordinance Disposal team.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1835
Annual Report summary
CATEGORY 7 – Battering Rams, Slugs, and Breaching
Apparatuses Explosive in Nature
The Stockton Police Department is currently equipped with Breaching Slugs, Explosive Breaching Apparatuses, and Battering Rams. Each of these tools is utilized for extremely dangerous situations where failure to gain entry is not an option. The breaching slugs and Battering Ram of explosive nature will be utilized by both patrol and the SWAT team.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1836
Annual Report summary

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
CATEGORY 10 – Specialized firearms and ammunition of less than 50 caliber
CATEGORY 12 – Flashbangs, explosive breaching, tear gas, pepper balls CATEGORY 14 – Kinetic energy weapons and munitions
The Stockton Police Department utilizes a variety of tools and equipment to safely respond to rapidly evolving critical incidents with the goal of a peaceful resolution and safety for all parties involved.

These tools and equipment consist of, but are not limited to, less lethal munitions (bean bag rounds, 40 mm sponge rounds, tasers, etc.), patrol rifles, precision rifles, flashbangs, and chemical munitions. These tools are industry standard and commonly used by law enforcement across the nation. They provide capabilities and options while prioritizing the sanctity of life.
1837
Anticipated Acquisitions

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
The Peraton Remotec EOD robot is used to provide Bomb
Technicians with advanced technology to safely disarm
explosives as well as tactical teams the ability to reduce the likelihood of a violent encounter.

The LRAD is a specialized loudspeaker used
for communicating at a distance,
negotiations with barricaded suspects,
mass notifications, and natural
emergencies.
1838
Anticipated Acquisitions
The Bearcat is utilized for preplanned operations, critical incidents, and rescues. We have had the original since 2012 and we are beginning to utilize it more on patrol. Recent example of armed suspect on Dr. MLK Jr. Blvd pointing a gun at passing vehicles.

The armor provides protection for us, which affords the opportunity for De-escalation and communication.

The “Rook” is an armored tracked vehicle. The protection and size of the vehicle allow for access to scenes not feasible by the Bearcat.

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1839
Anticipated Acquisitions

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
The Stockton Police Department is anticipating acquiring a command-and-control vehicle to improve our ability to effectively respond to multiple negotiations and / or
complex investigations occurring simultaneously. The
initial cost is approximately $220,000 and the annual
fiscal impact would be yearly maintenance.
1840
Anticipated Acquisitions

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
The Stockton Police Department is committed to training our staff to be professional by advancing their expertise with de-escalation, firearms, less lethal devices, and
technology with the goal of reducing the use of force and providing great service to our community.
1841

APPROVAL NEEDED FROM COUNCIL
• Approve a change in terminology in SPD Policy 706: Military Equipment. • Continue the use of the equipment currently used by the Stockton Police Department in accordance with the current policy
• Approval for the acquisition of the MRAP (Rescue Vehicle), LRAD (Long Range Acoustic Device), second Bearcat, and Rook (armored tracked vehicle), Unmanned Aerial System (UAS), replacement of weapons and munitions / less lethal

CITY OF STOCKTON
ASSEMBLY BILL 481

MILITARY EQUIPMENT USE
1842

THANK YOU
Stockton Police Department
1843
City of Stockton
Legislation Text
File #: 25-0549, Version: 1
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; 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

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.

Summary
The proposed ordinances addresses the need to align the Stockton Municipal Code (SMC) with recent state legislation (SB 946 and SB 972) governing street vending. These state laws introduce new regulations, enforcement guidelines, and a new category of vendors (Compact Mobile Food Operations), requiring updates to the SMC to ensure compliance and clarity. The proposed amendments will address licensing and permitting requirements, operational standards, and enforcement procedures for street vendors and CMFOs. Additionally, the amendments will clarify permitted vending locations and ensure that penalties for violations are consistent with state law. By adopting these changes, the City of Stockton will provide a clear and consistent regulatory framework for street vending, fostering economic opportunities while safeguarding public health and safety.

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DISCUSSION
Background
State laws SB 946 (2018) and SB 972 (2022) significantly impacted regulations for street vendors across California. These laws aimed to promote entrepreneurship and economic opportunities for a wider segment of the population while ensuring public health and safety. Specifically, SB 946 standardized enforcement actions for street vending violations, limiting penalties to infractions and prohibiting more severe misdemeanor charges that could disproportionately impact vendors. SB 972 established Compact Mobile Food Operations (CMFOs) as a distinct category of vendors, recognizing their unique characteristics and operational needs compared to traditional food trucks and carts. The legislation also clarified that cities cannot completely prohibit vending in public spaces like parks and sidewalks, promoting greater access for vendors while still allowing for reasonable time, place, and manner restrictions to address potential concerns about congestion or public safety.

Furthermore, SB 946 introduced specific licensing and permitting requirements for street vendors, aiming to ensure proper registration and authorization while streamlining the process to reduce barriers to entry.

However, the SMC has not yet been updated to reflect these changes, creating potential conflicts and inconsistencies. This lack of alignment results in outdated enforcement measures that may be more punitive than allowed under state law, a complete absence of regulations for the newly established CMFO category, and ongoing conflicts between the SMC's restrictions on vending locations and the state's intent to promote greater access to public spaces. Additionally, the SMC needs to incorporate the specific licensing and permitting requirements outlined in SB 946 to ensure that street vendors are properly registered and operating within the bounds of the law. The proposed ordinance aims to comprehensively address these inconsistencies and bring the SMC into full compliance with state law, fostering a supportive and equitable environment for street vendors while safeguarding public health and safety.

Present Situation
The passage of SB 946 in 2018 significantly altered the regulatory framework for street vending in Stockton. By removing prohibitions on vending in public parks and sidewalks, the legislation led to a substantial increase in street vendor activity, particularly in popular areas like Angel Cruz Park and Victory Park. This increase presents both opportunities and challenges that the City must address.

Increased street vending offers several potential benefits. It can contribute to the local economy by providing entrepreneurship opportunities, particularly for individuals who may face barriers to traditional employment. It also expands consumer access to a diverse range of goods and services, often at more affordable prices than traditional retail establishments. Furthermore, street vendors can enhance the vibrancy and cultural richness of public spaces, offering unique culinary experiences and handcrafted items.

However, the rise in vending activity has also generated challenges. Increased traffic congestion and parking shortages have become more pronounced around popular vending locations, impacting residents and businesses in those areas. The accumulation of trash and debris, both from vendors and customers, has placed a greater burden on public services and raised concerns about City of Stockton Page 2 of 4 Printed on 5/8/2025
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environmental impacts. Moreover, the influx of vendors into public spaces not originally designed for intensive commercial use has resulted in damage to landscaping, irrigation systems, and other public infrastructure.

These challenges are further compounded by the current SMC’s outdated provisions. The lack of clear guidelines for vending locations, hours of operation, and waste disposal creates ambiguity for vendors and limits the City's ability to effectively manage vending activities. Outdated enforcement mechanisms may also be inconsistent with state law, hindering effective regulation. Additionally, the absence of specific regulations for CMFO’s leaves a regulatory gap that must be addressed.

To effectively address these challenges and capitalize on the potential benefits of street vending, the City must update its regulations to align with state law and reflect the current realities of street vending in Stockton. This requires developing comprehensive guidelines for permitted vending locations, hours of operation, and spatial restrictions. These guidelines should carefully balance the needs of vendors with the preservation of public spaces and the interests of surrounding businesses and residents, potentially through strategies such as designating specific vending zones, implementing time-based restrictions, and establishing clear standards for waste disposal and sanitation.

The proposed revisions to the SMC will ensure compliance with state law and enhance the regulatory framework for street vending. Creating new chapters within the SMC will provide clear and concise guidance to vendors, enabling them to operate in accordance with both state and local regulations.

These revisions will also address public health and safety concerns by incorporating provisions related to food preparation and allowing for greater collaboration between Neighborhood Services Section (NSS) inspectors and public health officials to address potential health violations.

Furthermore, the updated SMC will mitigate the impact of increased vending activity on public spaces. New provisions will address issues such as waste management, noise control, and the protection of public infrastructure. By amending and repealing outdated or irrelevant sections of the SMC, the City will ensure that the code accurately reflects current state law and provides a comprehensive and enforceable regulatory framework for street vending. This comprehensive approach will foster a balance between supporting economic opportunities for vendors and safeguarding the interests of the community.

Publication
The Notice for this public hearing was published in The Record on April 17, 2025.

FINANCIAL SUMMARY
There are no General Fund or Departmental costs associated with the adoption of the ordinances as drafted. If the ordinance is approved by the City council, staff will include the new fees in the current FY 2024-2025 fee schedule as an amendment. The proposed fees include:
· First Offense of Violation SMC 8.70.110(A) - $100
· Second Offense of Violation SMC 8.70.110(A) - $200
· Repeated failure to comply with SMC 8.70.110(A) within a single calendar year - $500 City of Stockton Page 3 of 4 Printed on 5/8/2025
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· First Offense of Violation SMC 8.70.110(B) - $250
· Second Offense of Violation SMC 8.70.110(B) - $500
· Repeated failure to comply with SMC 8.70.110(B) within a single calendar year - $1,000 · Public Property Use Fee - $60
Attachment A - Proposed Business License Ordinance Amendments redlined version Attachment B - Proposed Enforcement Ordinance Amendments redlined version City of Stockton Page 4 of 4 Printed on 5/8/2025
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ATTACHMENT A
ORDINANCE NO. ________________
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.

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

SECTION I. FINDINGS AND INTENT.

On, or about, September 17, 2018, the California Legislature approved, and the Governor signed, Senate Bill 946, which created new provisions for the licensing, activities, and enforcement regulations relating to Street and Sidewalk Vendors throughout the State, regardless of whether the City is a General Law or Chartered City.

The provisions created by this Bill prohibit a municipality from forbidding Street and Sidewalk Vendors from operating, with certain exceptions, in public parks and upon public sidewalks. The Bill also authorizes municipalities to assess licensing rules and other regulations to ensure Street and Sidewalk Vendors comply with other State and Local licensing authorities. With an ever-growing number of Street and Sidewalk Vendors operating within the City since the new laws took effect, the City Council finds it necessary to incorporate these rules and regulations to ensure vendors are providing their services in a safe and sanitary manner, safeguard the health and safety of the general public being served by vendors, and create standards to protect public resources.

The proposed creation of this Chapter, and amendment of other existing code, will bring the City into compliance with changes in State Law, give Street and Sidewalk Vendors clear and concise direction for providing their services in accordance with State and Local regulations, and provide methods to preserve the public’s health, safety and enjoyment of public grounds where vendor activities occur. The provisions of this ordinance are intended to ensure compliance with Senate Bill 946 (signed into law on September 17, 2018).

SECTION II. AMENDMENT OF CODE.

Title 5, Chapter 5.106, titled, “STREET AND SIDEWALK VENDORS” is added to the Stockton Municipal Code and shall read as follows:

5.106.010 Purpose.

A. The purpose of this Chapter is to clearly provide persons that conduct, or plan to conduct, sidewalk and street vending operations with business license requirements pursuant to the State of California Government Code, section 51038, and other licensing requirements as provided in Title 5 of the Stockton Municipal Code (SMC).

B. Street and Sidewalk Vendor operational requirements and regulations are located in SMC 8.70 et seq.

5.106.020 Definitions.

The definitions herein are for the purpose of clarifying terms as they may appear within this Chapter. "Business" means and includes professions, trades, and occupations and all and every kind of calling whether or not carried on for profit.
“Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. "Designated Location" shall mean a specific location on a public sidewalk, park, or venue which has been allocated a permit by the City of Stockton for exclusive use in a vending operation. 1848

ATTACHMENT A
"Food" shall mean any type of edible substance or beverage. "Merchandise" shall mean any tangible item or good that is not food. “Park” shall mean the grounds areas of any public park, recreational facility, or venue owned or operated by the City of Stockton.
"Permit" shall mean a permit or license issued by the City of Stockton authorizing a vendor to conduct business within the city limits.
"Person or persons" shall mean one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity. "Street" shall mean the portion of any county, state or public road or highway within the City of Stockton, which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes. "Sidewalk" shall mean any surface in the public right-of-way intended for use by pedestrians, including walkways and pathways.
"Sidewalk/Street vendor" shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, or park, including all roaming sidewalk vendors, stationary sidewalk vendors and compact mobile food operations.
"Stationary sidewalk vendor" shall mean a sidewalk vendor who vends from a fixed location. "Roaming vendor" shall mean a sidewalk vendor who moves from place to place and stops only long enough to complete a transaction.
"Vend" or "vending" means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk, other pedestrian path, or park.
“Vendor” shall mean any person, business, organization, or establishment that sells merchandise or food products on the public right-of-way or a park. This includes any peddler as defined in SMC 5.08.260. "Vendors permit or license" shall mean a permit issued pursuant to the provisions of this Chapter to engage in sidewalk, street, or park vending activities.
“Venue” shall mean any location or operation owned by or operated by the City of Stockton.

5.106.030 Application.

A. A person desiring to engage in a vendor operation, as defined by this Chapter, shall submit a written application in a form acceptable to and with all supporting information required by the City of Stockton pursuant to SMC 5.04, Article II and Article III.

B. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid yearly for such renewal application. Vendors must have the permit in their possession when vending. There must be at least one vendor with a valid permit on-site whenever vending is taking place.

C. A vendor must obtain a background check in pursuant to SMC 5.08.260. 1849

ATTACHMENT A
D. If the vendor is going to be operating in a park or a venue owned or operated by the City of Stockton, the vendor shall submit an indemnification statement in a manner approved by the City of Stockton Finance Department, releasing the City of any liability in conjunction with the vending operation.

E. If the vendor is going to be operating in a park, the vendor shall pay a Public Property Use Fee pursuant to SMC 8.70.050.

F. In addition to the above, pursuant to State of California Government Code, section 51038, at the time of application, a vendor shall submit the following:

1. A valid State of California Department of Tax and Fee Administration seller’s permit.

2. The name and current mailing address of the sidewalk vendor.

3. A description of the merchandise offered for sale or exchange.

4. A copy of a current San Joaquin County Environmental Health Department permit.

5. A certification by the vendor that to his or her knowledge and belief, the information contained on the license application form is true.

6. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

7. If a social security number is obtained for business license purposes, the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

5.106.040 Regulations for sales.

It is unlawful for any person to vend, or attempt to engage in vending, or conduct any business for the purpose of vending from any sidewalk, park, or other venue without having obtained a business license.

5.106.050 Applicability of regulations to existing business.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance codified in this chapter.

5.106.050 Violation and Penalty.

Pursuant to State of California Government Code, section 51038, the penalty for violations of this Section shall be as follows:

A. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

B. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

C. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

D. Upon proof of a valid permit having been issued the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph A of this Section, respectively.

E. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall be prohibited.

5.160.060 Business License Revocation.

A. A vendor’s license may be revoked pursuant to the provisions set forth in SMC 5.04.220.

B. A vendor's license may be revoked pursuant to SMC 8.70.110.A.4.

5.106.070 Ability to Pay Determination.

In accordance with the provisions set forth in Government Code, section 51039(f), the City of Stockton shall take into consideration of a person’s ability to pay an administrative fine as follows:
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ATTACHMENT A
A. Any fine issued under this Chapter will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If a person is receiving public benefits under California Government Code section 68632(a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person's administrative fine is limited to twenty (20) percent of the amount assessed.

C. The City of Stockton may also take the following actions:

1. Allow the person to complete community service in lieu of paying the total administrative fine.

2. Waive the administrative fine.

3. Offer an alternative disposition.

5.106.080 Administration and Enforcement.

A. The provisions of this Chapter shall be administrated by the City of Stockton Finance Department.

B. Compliance with the provisions of this Chapter may be enforced by the City of Stockton Police Department, Neighborhood Services Section.

SECTION III. AMENDMENT OF CODE.

Title 5, Chapter 5.08, Section 5.08.280 of the Stockton Municipal Code is hereby amended and shall read as follows:

5.08.280 Soliciting or peddling in public places—Times and place limitations.

A. It is unlawful for any person, firm, or corporation engaged in selling or distributing any goods, wares or services to stop, stand or park on or along a public street, or sidewalk or public park other than as allowed in Chapter 8.70 of this Code or as permitted by Government Code section 51036for a period of more than 30 minutes without moving to a new location at least 100 feet removed therefrom.

B. Congestion. It is unlawful for any peddler, or vendor to operate in a place where such operation will create a traffic hazard.

C. In no case shall any peddler or vendor operate within:

1. Three hundred feet of any school grounds, prior to 4:00 p.m. on any day when school is in session; or

2. One hundred feet of any street intersection controlled by traffic light or stop sign.

CD. Exemption. This section shall not apply to the sale or distribution of any newspaper, flyer, or handbill. (Prior code § 6-034.23)
SECTION IX. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid.
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ATTACHMENT A
SECTION X. EFFECTIVE DATE.

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

ADOPTED: ____________________
EFFECTIVE: ____________________
______________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1852

ATTACHMENT B
ORDINANCE NO. ________________
AN ORDINANCE AMENDING TITLE 8 TO ADD CHAPTER 8.70, AND AMENDING CHAPTER 8.56, SECTIONS 8.56.010, 8.56.030, AND 8.56.040; AND AMENDING TITLE 12, CHAPTER 12.56, SECTION

12.56.010, AND REPEALING TITLE 12, CHAPTER 12.76 OF THE STOCKTON MUNIICPAL CODE TO COMPLY WITH STATE LAW REGARDING STREET AND SIDEWALK VENDORS.

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

SECTION I. FINDINGS AND INTENT.

On, or about, September 17, 2018, and September 23, 2022, the California Legislature approved, and the Governor signed, Senate Bill 946 and 972, respectively, which created new provisions for the licensing, activities, and enforcement regulations relating to Street and Sidewalk Vendors throughout the State, regardless of whether the City is a General Law or Chartered City. The provisions created by these Bills prohibit a municipality from forbidding Street and Sidewalk Vendors from operating, within certain limitations, in public parks and upon public sidewalks. With an ever-growing number of Street and Sidewalk Vendors operating within the City since the new laws took effect, the City Council finds it necessary to incorporate rules and regulations to ensure vendors are providing their services in a safe and sanitary manner, safeguard the health and safety of the general public being served by vendors, and create standards to protect public resources.

The proposed creation of this Chapter, and the amending and repealing of other existing code, will bring the City into compliance with changes in State Law, give Street and Sidewalk Vendors clear and concise direction for providing their services in accordance with State and Local regulations, and provide methods to preserve the public’s health, safety and enjoyment of public grounds where vendor activities occur. Creation of this Chapter will also afford the City the ability to mitigate some of the negative impacts to public parks that will be impacted by pedestrian traffic and activities that were not originally intended, or designed, for such locations.

The provisions of this chapter are intended to ensure compliance with Senate Bill 946 (signed into law on September 17, 2018), and Senate Bill 972 (signed into law on September 23, 2022).

SECTION II. AMENDMENT OF CODE.

Title 8, Chapter 8.70, titled, “SALE OF FOOD PRODUCTS AND MERCHANDISE BY STREET AND SIDEWALK VENDORS” is added to the Stockton Municipal Code and shall read as follows:

8.70.010 Purpose.

A. Regulation of the sale of food and merchandise on public sidewalks will benefit the City by promoting entrepreneurship, while ensuring the protection of the public health, safety, and welfare.

B. The city council finds that the vending of produce, meat, and other prepared or prepackaged foods, goods, and wares on sidewalks, the public right-of-way, and parks poses special conditions that may potentially impact the public health, safety, and welfare of the residents of the City of Stockton. The requirements set forth by this Chapter are necessary to ensure vending operations do not adversely impact the public welfare, that food vendors adhere to State and County public health requirements, and there are free and safe flows of vehicular and pedestrian traffic in the public right-of-way where vendors are conducting their business.

C. The city council further finds that parks and nature areas are a finite and valuable resource within the city. Public parks are designed and maintained to support the recreational activities for which they were intended and have inadequate facilities such as restrooms, water, sanitary services, and pedestrian and vehicle traffic flow necessary to support commercial vending activities. It is the purpose and intent of the city council, in enacting this Chapter, to protect the health, safety, and welfare of the public by regulating the use of parks, nature areas, and recreation facilities, to ensure 1853

ATTACHMENT B
the public's use and enjoyment of natural resources and recreational opportunities and prevent an undue concentration of commercial activities that unreasonably interfere with the intended use of the parks, but not infringe on a person’s right to pursue economic opportunities afforded to them by law.

D. Street and Sidewalk Vendor Business Licensing requirements and regulations are located in SMC

5.106 et seq.

8.70.020 Definitions.

The definitions herein are for the purpose of clarifying terms within this Chapter. “Compact Mobile Food Operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. "Designated Location" shall mean a specific location on a public sidewalk, park, or venue which has been allocated a permit by the City of Stockton for exclusive use in a vending operation. "Food" shall mean any type of edible substance or beverage. “Health Officer” shall mean the San Joaquin County Health Officer, or the assigned City Health Officer, and their designated personnel.
"Merchandise" shall mean any tangible items or goods that are not food. “Park” shall mean the grounds areas of any public park, recreational facility, or venue owned or operated by the City of Stockton.
"Permit" shall mean a permit or license issued by the City of Stockton authorizing a vendor to conduct business within the city limits, as allowed by this Chapter and SMC 5.106. “Peddler’ see ‘Vendor’.
"Person or Persons" shall mean one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity. "Street" shall mean the portion of any county, state or public road or highway within the City of Stockton, which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes. "Sidewalk" shall mean any surface in the public right-of-way intended for use by pedestrians, including walkways and pathways.
"Sidewalk/Street Vendor" shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, or park, including all roaming sidewalk vendors, stationary sidewalk vendors and compact mobile food operations.
"Stationary Sidewalk Vendor" shall mean a sidewalk vendor who vends from a fixed location. "Roaming Vendor" shall mean a sidewalk vendor who moves from place to place and stops only long enough to complete a transaction.
"Vend" or "Vending" means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal-driven cart, 1854

ATTACHMENT B
wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk, other pedestrian path, or park.
“Vendor” shall mean any person, business, organization, or establishment that sells merchandise or food products on the public right-of-way or a park. This includes any peddler as defined in SMC 5.08.260. "Vendors Permit or License" shall mean a permit issued pursuant to the provisions of this Chapter to engage in sidewalk, street, or park vending activities.
“Venue” shall mean any location owned by or operated by the City of Stockton.

SMC 8.70.030 Regulations of Sales.

It shall be unlawful for any person to vend, or attempt to engage in vending, or conduct any business for the purpose of vending upon a public sidewalk, other pedestrian path, park, or public recreational area within the City of Stockton except in accordance with all applicable provisions of this Chapter.

SMC 8.70.040 Business License and Health Permit Requirements.

A. Any person, business, or organization desiring to engage in vending, as defined by this Chapter, shall submit a written application for a business license to the city manager or designee in a form acceptable to and with all fees and supporting information required by the City of Stockton pursuant to SMC 5.04, SMC 5.16, and SMC 5.106.

B. Any vendor that sells food products shall obtain a permit pursuant to any State of California and/or the San Joaquin Department of Environmental Health requirements. If said permit(s) are required, a copy of the permit(s) shall be submitted at the time of application of a City of Stockton business license.

C. The sidewalk vendor shall display, in plain view at all times, a current business license and any required County Health Permit and applicable inspection stickers in or on their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

D. Any vendor found to be operating without having first obtained a business license, or within a park without having paid a public property use fee pursuant to SMC 8.70.050, may be assessed an administrative fine as provide in SMC 8.70.110.B.

E. A vendor permit may be suspended or revoked pursuant to SMC 8.70.110.A.4 and SMC 5.106.

SMC 8.70.050 Public Property Use Fee.

Any vendor who conducts, or plans to conduct, vending activities upon any portion of a park, or a sidewalk adjacent to any park, shall pay to the City of Stockton a Public Property Use Fee in the amount as determined by resolution of the city council from time to time. Public Property Use Fees shall be payable at the time business license fees are due. Should a vendor decide after having already obtained a business license without paying to operate in a park or sidewalk adjacent to a park, the vendor shall pay to the City of Stockton, in the full annual amount, the cost of the use fee prior to operating thereon. The purpose of the fees shall be to mitigate the effects of additional and unordinary traffic upon landscaped park surfaces and the increased use of park systems and facilities by persons that otherwise would not be using those facilities, as well as the use of the park and its facilities by vendors themselves; a use which was never originally intended, or designed, for such locations. The proceeds from this use fee shall be allocated to the Public Works Department for the purposes of addressing the additional costs of maintenance, repair, and replacement of damaged landscaping, sprinklers, and other affected ancillary systems and facilities. Any vendor found to be operating in a location described herein without having paid the required use fee shall be guilty of a violation of this Section.

SMC 8.70.060 Vending Premise and Equipment Conditions and Requirements. 1855

ATTACHMENT B
A. Any vending cart, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance shall not exceed five feet by seven feet (5'x 7') in dimension and, when vending in a park, auxiliary equipment associated with a vending activity shall not impede upon a park surface more than ten feet (10’) from the edge any adjacent sidewalk and shall not be attached or affixed to any lamp post, parking meter, picnic table, fire hydrant, tree, plant, bench, or trash can.

B. No vending shall prohibit mobility upon the right-of-way in accordance with the Americans with Disabilities Act (ADA).

C. No vending activity shall encroach on private property without written consent of the property owner.

D. No vending activity shall be conducted on a sidewalk unless there is a five foot (5’) clear space for pedestrian passage.

E. No person shall install, use, or maintain any vending equipment that projects onto, into, or over any sidewalk or parkway when such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is being used for public utility purposes, public transportation purposes or other governmental use.

F. No sidewalk vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley, or any other public place, by causing people to congregate at or near the place where goods, wares, foods, or merchandise of any kind are being sold or offered for sale.

G. No cords, hoses, extension cords, pipes, or other objects may lie on or across any portion of a sidewalk, or vendor premise walkway in a manner that may cause a trip hazard.

H. No canopy, cover, or other form of overhang shall be installed or placed in or around a vending premise, except wherein a canopy is required by the Health Official pursuant to provisions of the State of California Health and Safety Code (HSC). When a canopy is required, it shall not exceed ten feet by ten feet (10’x10’), shall be temporary in nature, and shall be installed in a manner that high winds will not dislodge the cover from the premise, without the use of stakes, rods, or other devices that penetrate landscaped areas when installed on park grounds. No canopy, cover or other form of overhang shall be erected, or rest, upon the required five feet (5’) of clear space required for pedestrian passage.

I. No tables, chairs, fences, or other site furniture or structures, (permanent or otherwise) or any freestanding signs shall be permitted on or adjacent to the premise, except for tables and/or stands to display products, and chairs for no more than the number of persons, on-site, for the purpose of operating the vending activity. Any advertisement of merchandise shall be attached to the vending cart, pushcart, stand, display, pedal-driven cart, wagon, showcase, merchandise rack, or other nonmotorized conveyance.

J. All vending operations shall be self-sufficient, and no vendor shall connect any water, electrical, or mechanical lines, cords, hoses, or pipes, to any utility owned or controlled by the City of Stockton or to services on a private property regardless of the vendor having written consent to conduct business thereon. This includes but is not limited to connections to receptacles, spickets, transformers, generators, and gas connections.

K. All vending operations shall be equipped with refuse containers large enough to contain all refuse generated by the vending operations. Vendors shall pick up all refuse generated by such operation within a twenty-five-foot (25’) radius of the operation before the vendor changes location and/or discontinues business for the day. No vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.

L. No vendor shall use any type of portable generators including but not limited to emergency, inverters, and recreational or commercial grade generators.

M. No vending operation shall utilize charcoal or wood burning elements.

N. Unless written authorization has been obtained from the City of Stockton Fire Department, the use of open-flame devices and equipment shall be prohibited.

O. Other than clean water, no vendor shall discharge or release any items or materials, whether they be solids or liquids, onto the sidewalk, street, gutter, storm drain, or upon any public or private property. 1856

ATTACHMENT B
P. All vendor operations shall comply with the California Health and Safety Code regarding the availability of adequate toilet, handwashing facilities, and equipment sanitation for use by food service personnel.

Q. No vendor shall park any vehicle or trailer on a sidewalk or landscaped area of a park or any landscaped portion of private property.

R. No vendor shall sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana.

S. No vendor shall conduct business through the passenger compartment or bed of a truck that is parked on a public right-of-way.

T. No vendor shall conduct transactions with persons in moving vehicles or vehicles illegally parked or illegally stopped in the public right-of-way.

U. All vendors are subject to the provisions of the State of California Vehicle Code and shall not obstruct the flow or pattern of traffic on a public right-of-way when loading and unloading merchandise from or into their vehicle.

V. No vendor shall approach or engage in the sale of food or merchandise, and shall not interfere in any way, with anyone engaged in an activity within a park.

W. No vending operation shall be left unattended or stored on public property.

X. No vendor shall emit a noise that constitutes a nuisance pursuant to the Stockton Municipal Code, Chapter 8.20 et seq.

Y. Vending of personal services is strictly prohibited. This includes but is not limit to, boot camps, massage services, yoga, dog training, tickets to sporting and entertainment events, sport and fitness classes, and any electioneering, except were allowed pursuant to the provisions of the State of California Elections Code.

Z. Upon request of any police officer, peace officer, community service officer, health officer, code enforcement officer, or any other public official assigned for the purpose of enforcing any portion of this Chapter, a vendor shall produce a valid form of identification.

8.70.070 Restricted Vending Locations.

A vendor may locate and operate upon a public sidewalk, pedestrian path, or public park, subject to the following conditions:

A. No vendor shall operate within 1,000 feet of:

1. An area designated for a temporary special permit issued by the City of Stockton provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City of Stockton’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the City of Stockton for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.

2. A permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

B. No vendor shall operate within 300 feet of:

1. Any freeway or highway entrance or exit.

2. Any portion of a public or private golf course.
1857

ATTACHMENT B

3. Any portion of Banner Island Ballpark, or Adventist Health Arena, or those facilities where they are located as the name may change from time to time.

4. Any designated Transportation Center (bus, train, trolley, etc.).

5. Any portion of a school site prior to 4:00 p.m. on any day when school is in session.

6. Any entrance of a recreational facility, library, youth service center, or senior center.

7. Any building, bathroom, or playground within a park.

8. Any park, venue, or facility owned or operated by the City of Stockton where there exists a signed agreement for concessions that exclusively permits the sale of food or merchandise therein to one or more concessionaire.

9. Any food or merchandise establishment during that establishment’s regular hours of business.

C. No vendor shall operate within 100 feet of:

1. Any other vending or food wagon operation.

2. Any controlled or uncontrolled intersection or alley entry.

3. Any ‘No-Parking’ Zone.

4. Any fountain, statue, monument, or art installation.

5. Any automated teller machine (ATM).

6. The property of any church, chapel, synagogue, mosque, or any other type of ‘house of worship’, between one hour prior and one hour following a regularly scheduled time of service, wedding, funeral, or any other normally recognized religious function of that particular place of worship, without the expressed permission of the person(s) in control of the facility.

7. The entry of any funeral parlor, chapel, mortuary, or any other type of business operating for the purpose of honoring and/or celebrating a death, between one hour prior to and one hour after the scheduled time of the service, without the expressed permission of the person(s) in control of the facility.

D. No vendor shall operate within 50 feet of:

1. Any bus stop, bus shelter or taxi stand.

2. Any entry or exit from a parking lot, parking garage, strip mall, or shopping center.

3. Any marked pedestrian crossing.

4. Any fire hydrant.

E. No vendor shall conduct business on, or at:

1. Any park, venue, or facility owned or operated by the City of Stockton where there exists a signed agreement for concessions that exclusively permits the sale of food or merchandise therein.

2. Other than on an adjoining sidewalk or area designated in Section 8.70.060.A, no vending shall be conducted on any pathway, sidewalk, or other area, beyond the entrance of a park or venue owned or operated by the City of Stockton.

3. Any parking stall or designated parking area.

4. Any City of Stockton maintenance facility or storage area.

5. Any area within 25 feet of a public street curb that has been designated by the City as a yellow, white, blue, or red zone.

6. Any tree well or planting strip.

7. Any area zoned exclusively residential.

8.70.080 Exemptions.

A. Any person engaged in vending conducted in connection with the operations of a state-certified openair market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Stockton.

B. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.

C. This chapter shall not apply to the sale or distribution of any newspaper, flier, or handbill. 1858

ATTACHMENT B

8.70.090 Hours of Operation.

In addition to the provision already stated within Chapter 8.70, a sidewalk vendor must also comply with regulations specific to the following types of land uses:

A. Residential Use Area

1. Other than roaming vendors, vending is prohibited in areas zoned exclusively residential.

2. Roaming vendors shall limit hours of operation from 8:00 AM to 5:00 PM of any given day.

B. Commercial Use Area

1. Permitted hours of operation shall not begin any earlier or continue any later than the normal business hours of any other business or use on the same street.

2. No vendor shall conduct operations within 300 feet of a residence located within a commercial zone.

C. Industrial Use Zone

1. Permitted hours of operation shall not begin any earlier or continue any later than the normal business hours of any other business or use on the same street.

2. No vendor shall conduct operations within 300 feet of a residence located within a commercial zone.

D. Public Parks
A. No vending shall be conducted within a park except during the park’s posted operational hours. If the park has no posted operational hours, vending operation shall not commence prior to sunrise and shall be completed no later than sunset of that same day.

SMC 8.70.100 Applicability of Regulations to Existing Businesses.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Chapter into law.

SMC 8.70.110 Administrative Penalties.

In accordance with the provisions set forth in the State of California Government Code, section 51039, administrative penalties may be assessed as follows:

A. Violations of SMC 8.70.060 through SMC 8.70.090 may be assessed a fine of:

1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

4. Upon the fourth violation within one year of the first violation, the vendor permit may be suspended for the remaining term of the permit.

B. Violations of SMC 8.70.040 and SMC 8.70.050 may be assessed a fine of:

1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
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ATTACHMENT B

4. Upon proof of a valid permit having been issued the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph A of this Section, respectively.

C. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in paragraphs A and B shall be prohibited.

SMC 8.70.120 Ability to Pay Determination.

In accordance with the provisions set forth in Government Code, section 51039(f) the City of Stockton shall take into consideration of a person’s ability to pay an administrative fine as follows:

A. Any fine issued under this chapter will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If a person is receiving public benefits under California Government Code Section 68632(a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person's administrative fine is limited to twenty percent (20%) of the amount assessed.

C. The City of Stockton may also take the following actions:

1. Allow the person to complete community service in lieu of paying the total administrative fine.

2. Waive the administrative fine.

3. Offer an alternative disposition.

SMC 8.70.130 Enforcement.

A. The provisions of this Chapter shall be enforced by the City of Stockton, Police Department, Neighborhood Services Section.

B. When applicable, provisions of the California Health and Safety Code, as it pertains to the handling, processing, serving, and other aspects of food safety, shall be enforceable, and issued notice, by the San Joaquin County Environmental Health Department or City assigned Health Officer and his/her designee.

C. Failure to comply with the correction of a violation previously cited by the San Joaquin County Environmental Health Department may be cited by a City of Stockton Code Enforcement Officer in subsequent notices.

D. Violations of the California Vehicle Code shall be enforced by the applicable law enforcement agency upon the location where the violation exists.

SECTION III. AMENDMENT OF CODE
Title 8, Chapter 8.56, Section 8.56.010 of the Stockton Municipal Code is hereby amended and shall read as follows:

8.56.010 Sale of fruits, vegetables, dairy products, etc., from wagons—Unlawful.

A. It is unlawful for farmers, hucksters or vendorsThe sale of fruits, vegetables, fish, dairy produce and poultry to and display ofand sell such goods, wares and merchandise to the passing public in, or from, wagons , vehicles or portable stands upon the streets or sidewalks of the City shall be in accordance with Chapter 8.70 of this Code.

A.B. The sale and display of such goods from a vehicle shall be in accordance with this Chapter. (Prior code § 7-001)
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ATTACHMENT B
SECTION IV. AMENDMENT OF CODE
Title 8, Chapter 8.56, Section 8.56.030 of the Stockton Municipal Code is hereby amended and shall read as follows:

8.56.030 Prohibiting sale of food for human consumption from wagons or any other vehicles within three hundred feet of any school, park or playground, etc.

It is unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on the business of a peddler of fruits, buttermilk, milk, soda water, or any other beverage, ice cream, bread, crackers, cakes, pies, confections, sandwiches, meats, or other edibles intended for use as food for human consumption, to sell, give away, or dispose of any of the articles above named to any person or persons on any street, alley, lane, way or public place within a radius of 300 feet of any school, park, playground or City or Metropolitan Park and Recreation Commission operated recreation center whereupon that facility has an existing concession permit or special events permit as authorized by Section 8.70.080.A of this Code.
(Prior code § 7-001.2)
SECTION V. AMENDMENT OF CODE.

Title 8, Chapter 8.56, Section 8.56.040 of the Stockton Municipal Code is hereby amended and shall read as follows:

8.56.040 Exceptions.

The provisions of Section 8.56.030 of this cCode shall not apply to sale of beverages or foodstuffs set out in said section sold at games and events held or conducted at schools, parks or playgrounds, etc., providing a written special events permit shall first be obtained from the City Manager. (Prior code § 7-001.3)
SECTION VI. AMENDMENT OF CODE
Title 12, Chapter 12.56, Section 12.56.010 of the Stockton Municipal Code is hereby amended and shall read as follows:

12.56.010 Unlawful acts in public parks.

Within the limits of any park of the City and within the limits of any park, now owned or to be hereafter owned by the City outside the limits of the City, it is unlawful for any person, firm or corporation to do any of the acts hereinafter specified, and the Community Service Officers and police trainees the Police Officers are hereby empowered to arrest a person whenever the Community Service Police Officers and police trainees have reasonable cause to believe the person to be arrested has committed in his or her presence the acts hereinafter specified:

A. To cut, break, injure, deface, or disturb any plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus, or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon any building, monument, fence, bench, or other structure; or to carry any flowers, shrubs, or branches into or through the park.

B. To cut or remove any wood, turf, grass, soil, rock, sand or gravel.

C. To post, place or erect any bill, notice, paper, or advertising device or matter of any kind. 1861

ATTACHMENT B
D. To sell, or offer for sale any merchandise, article or thing whatsoever, or to conduct any class, special event, or tournament whether or not for profit, without a special event permit. Such permit shall be carried by the vendor, or the party conducting such class, event or tournament at all times that such party is within a City park for the purpose of such sale or activity.

E. To willfully tamper with, or damage any water or gas pipe, hydrant, stopcock, sewer, basin, or other construction in any park.

F. To carry or discharge any firearm, air gun or slingshot.

G. To make or kindle a fire except in picnic stoves provided for that purpose, or to camp, except in places designated as such by the City Manager.

H. To ride or drive any horse or other animal or any motorized vehicle, cycle, or scooter elsewhere than on the roads or drives provided for such purpose, or to drive a motor vehicle in an erratic or hazardous manner on any park roads, paths or parking areas.

I. To indulge in riotous, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language.

J. To enter, remain, stay or loiter in the swimming pools in the public parks or the enclosures surrounding said pools at any time when said pools are not open to the public, with a lifeguard on duty.

K. To retrieve and abscond with balls hit, thrown or rolled over, under or through the fences or stands enclosing an athletic area.

L. To play or engage in model airplane flying, radio controlled or non-radio controlled model powerboat operation or the use of any other power driven or noise producing hobby or recreational device, driving of golf balls, archery, hardball or any similar games of a hazardous nature, except at such places and times as shall be specifically established by the Director of Parks and Recreation.

M. To throw or place on or in any park any paper, rubbish, garbage, or refuse matter of any kind.

N. To enter, remain, stay or loiter on the playing area, roughs and lagoons of any golf course or golf driving range without first having purchased a valid admission ticket to such course or range having been authorized by the person in charge to enter such course or range.

O. To enter, remain, stay or loiter on any portion of any golf driving range other than a designated tee area.

P. To possess any beverage container made of glass in any City park or playground or to bring, carry, or transport any beverage container made of glass into any City park or playground. (Prior code 5-022; Ord. 007-07 C.S. § 3)
SECTION VII. AMENDMENT OF CODE.

Title 12, Chapter 12.76 of the Stockton Municipal Code, titled “SOLICITING ON PUBLIC STREETS – PROHIBITED” is hereby repealed in its entirety:

12.76.010 Soliciting on public streets—Prohibited.

It is unlawful for any person to solicit on any public street or sidewalk, park or other public place, or in any doorway or entranceway immediately abutting thereon, within the City of Stockton, State of California, the sale of any subscription to any magazine, periodical or other publication for delivery at a subsequent time. (Prior code § 5-114)
SECTION IX. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid.
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ATTACHMENT B
SECTION X. EFFECTIVE DATE.

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

ADOPTED: ____________________
EFFECTIVE: ____________________
______________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1863
ORDINANCE NO. ________________
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.

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

SECTION I. FINDINGS AND INTENT.

On, or about, September 17, 2018, the California Legislature approved, and the Governor signed, Senate Bill 946, which created new provisions for the licensing, activities, and enforcement regulations relating to Street and Sidewalk Vendors throughout the State, regardless of whether the City is a General Law or Chartered City.

The provisions created by this Bill prohibit a municipality from forbidding Street and Sidewalk Vendors from operating, with certain exceptions, in public parks and upon public sidewalks. The Bill also authorizes municipalities to assess licensing rules and other regulations to ensure Street and Sidewalk Vendors comply with other State and Local licensing authorities. With an ever-growing number of Street and Sidewalk Vendors operating within the City since the new laws took effect, the City Council finds it necessary to incorporate these rules and regulations to ensure vendors are providing their services in a safe and sanitary manner, safeguard the health and safety of the general public being served by vendors, and create standards to protect public resources.

The proposed creation of this Chapter, and amendment of other existing code, will bring the City into compliance with changes in State Law, give Street and Sidewalk Vendors clear and concise direction for providing their services in accordance with State and Local regulations, and provide methods to preserve the public’s health, safety and enjoyment of public grounds where vendor activities occur. The provisions of this ordinance are intended to ensure compliance with Senate Bill 946 (signed into law on September 17, 2018).

SECTION II. AMENDMENT OF CODE.

Title 5, Chapter 5.106, titled, “STREET AND SIDEWALK VENDORS” is added to the Stockton Municipal Code and shall read as follows:

5.106.010 Purpose.

A. The purpose of this Chapter is to clearly provide persons that conduct, or plan to conduct, sidewalk and street vending operations with business license requirements pursuant to the State of California Government Code, section 51038, and other licensing requirements as provided in Title 5 of the Stockton Municipal Code (SMC).

B. Street and Sidewalk Vendor operational requirements and regulations are located in SMC 8.70 et seq.

5.106.020 Definitions.

The definitions herein are for the purpose of clarifying terms as they may appear within this Chapter. "Business" means and includes professions, trades, and occupations and all and every kind of calling whether or not carried on for profit.
“Compact mobile food operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. "Designated Location" shall mean a specific location on a public sidewalk, park, or venue which has been allocated a permit by the City of Stockton for exclusive use in a vending operation. "Food" shall mean any type of edible substance or beverage. 1864
"Merchandise" shall mean any tangible item or good that is not food. “Park” shall mean the grounds areas of any public park, recreational facility, or venue owned or operated by the City of Stockton.
"Permit" shall mean a permit or license issued by the City of Stockton authorizing a vendor to conduct business within the city limits.
"Person or persons" shall mean one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity. "Street" shall mean the portion of any county, state or public road or highway within the City of Stockton, which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes. "Sidewalk" shall mean any surface in the public right-of-way intended for use by pedestrians, including walkways and pathways.
"Sidewalk/Street vendor" shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, or park, including all roaming sidewalk vendors, stationary sidewalk vendors and compact mobile food operations.
"Stationary sidewalk vendor" shall mean a sidewalk vendor who vends from a fixed location. "Roaming vendor" shall mean a sidewalk vendor who moves from place to place and stops only long enough to complete a transaction.
"Vend" or "vending" means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk, other pedestrian path, or park.
“Vendor” shall mean any person, business, organization, or establishment that sells merchandise or food products on the public right-of-way or a park. This includes any peddler as defined in SMC 5.08.260. "Vendors permit or license" shall mean a permit issued pursuant to the provisions of this Chapter to engage in sidewalk, street, or park vending activities.
“Venue” shall mean any location or operation owned by or operated by the City of Stockton.

5.106.030 Application.

A. A person desiring to engage in a vendor operation, as defined by this Chapter, shall submit a written application in a form acceptable to and with all supporting information required by the City of Stockton pursuant to SMC 5.04, Article II and Article III.

B. Such application shall be accompanied by a nonrefundable, nontransferable application fee in an amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable, nontransferable application fee shall be paid yearly for such renewal application. Vendors must have the permit in their possession when vending. There must be at least one vendor with a valid permit on-site whenever vending is taking place.

C. A vendor must obtain a background check in pursuant to SMC 5.08.260.

D. If the vendor is going to be operating in a park or a venue owned or operated by the City of Stockton, the vendor shall submit an indemnification statement in a manner approved by the City of Stockton Finance Department, releasing the City of any liability in conjunction with the vending operation. 1865
E. If the vendor is going to be operating in a park, the vendor shall pay a Public Property Use Fee pursuant to SMC 8.70.050.

F. In addition to the above, pursuant to State of California Government Code, section 51038, at the time of application, a vendor shall submit the following:

1. A valid State of California Department of Tax and Fee Administration seller’s permit.

2. The name and current mailing address of the sidewalk vendor.

3. A description of the merchandise offered for sale or exchange.

4. A copy of a current San Joaquin County Environmental Health Department permit.

5. A certification by the vendor that to his or her knowledge and belief, the information contained on the license application form is true.

6. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

7. If a social security number is obtained for business license purposes, the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

5.106.040 Regulations for sales.

It is unlawful for any person to vend, or attempt to engage in vending, or conduct any business for the purpose of vending from any sidewalk, park, or other venue without having obtained a business license.

5.106.050 Applicability of regulations to existing business.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance codified in this chapter.

5.106.050 Violation and Penalty.

Pursuant to State of California Government Code, section 51038, the penalty for violations of this Section shall be as follows:

A. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

B. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

C. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

D. Upon proof of a valid permit having been issued the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph A of this Section, respectively.

E. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized herein shall be prohibited.

5.160.060 Business License Revocation.

A. A vendor’s license may be revoked pursuant to the provisions set forth in SMC 5.04.220.

B. A vendor's license may be revoked pursuant to SMC 8.70.110.A.4.

5.106.070 Ability to Pay Determination.

In accordance with the provisions set forth in Government Code, section 51039(f), the City of Stockton shall take into consideration of a person’s ability to pay an administrative fine as follows:

A. Any fine issued under this Chapter will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination. A person may request an ability-to-pay 1866
determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If a person is receiving public benefits under California Government Code section 68632(a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the person's administrative fine is limited to twenty (20) percent of the amount assessed.

C. The City of Stockton may also take the following actions:

1. Allow the person to complete community service in lieu of paying the total administrative fine.

2. Waive the administrative fine.

3. Offer an alternative disposition.

5.106.080 Administration and Enforcement.

A. The provisions of this Chapter shall be administrated by the City of Stockton Finance Department.

B. Compliance with the provisions of this Chapter may be enforced by the City of Stockton Police Department, Neighborhood Services Section.

SECTION III. AMENDMENT OF CODE.

Title 5, Chapter 5.08, Section 5.08.280 of the Stockton Municipal Code is hereby amended and shall read as follows:

5.08.280 Soliciting or peddling in public places—Times and place limitations.

A. It is unlawful for any person, firm, or corporation engaged in selling or distributing any goods, wares or services to stop, stand or park on or along a public street, sidewalk or public park other than as allowed in Chapter 8.70 of this Code or as permitted by Government Code section 51036.

B. Congestion. It is unlawful for any peddler or vendor to operate in a place where such operation will create a traffic hazard.

C. Exemption. This section shall not apply to the sale or distribution of any newspaper, flyer, or handbill. (Prior code § 6-034.23)
SECTION IX. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION X. EFFECTIVE DATE.

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

ADOPTED: ____________________
EFFECTIVE: ____________________
______________________________
1867

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1868
ORDINANCE NO. ________________
AN ORDINANCE AMENDING TITLE 8 TO ADD CHAPTER 8.70, AND AMENDING CHAPTER 8.56, SECTIONS 8.56.010, 8.56.030, AND 8.56.040; AND AMENDING TITLE 12, CHAPTER 12.56, SECTION

12.56.010, AND REPEALING TITLE 12, CHAPTER 12.76 OF THE STOCKTON MUNIICPAL CODE TO COMPLY WITH STATE LAW REGARDING STREET AND SIDEWALK VENDORS.

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

SECTION I. FINDINGS AND INTENT.

On, or about, September 17, 2018, and September 23, 2022, the California Legislature approved, and the Governor signed, Senate Bill 946 and 972, respectively, which created new provisions for the licensing, activities, and enforcement regulations relating to Street and Sidewalk Vendors throughout the State, regardless of whether the City is a General Law or Chartered City. The provisions created by these Bills prohibit a municipality from forbidding Street and Sidewalk Vendors from operating, within certain limitations, in public parks and upon public sidewalks. With an ever-growing number of Street and Sidewalk Vendors operating within the City since the new laws took effect, the City Council finds it necessary to incorporate rules and regulations to ensure vendors are providing their services in a safe and sanitary manner, safeguard the health and safety of the general public being served by vendors, and create standards to protect public resources.

The proposed creation of this Chapter, and the amending and repealing of other existing code, will bring the City into compliance with changes in State Law, give Street and Sidewalk Vendors clear and concise direction for providing their services in accordance with State and Local regulations, and provide methods to preserve the public’s health, safety and enjoyment of public grounds where vendor activities occur. Creation of this Chapter will also afford the City the ability to mitigate some of the negative impacts to public parks that will be impacted by pedestrian traffic and activities that were not originally intended, or designed, for such locations.

The provisions of this chapter are intended to ensure compliance with Senate Bill 946 (signed into law on September 17, 2018), and Senate Bill 972 (signed into law on September 23, 2022).

SECTION II. AMENDMENT OF CODE.

Title 8, Chapter 8.70, titled, “SALE OF FOOD PRODUCTS AND MERCHANDISE BY STREET AND SIDEWALK VENDORS” is added to the Stockton Municipal Code and shall read as follows:

8.70.010 Purpose.

A. Regulation of the sale of food and merchandise on public sidewalks will benefit the City by promoting entrepreneurship, while ensuring the protection of the public health, safety, and welfare.

B. The city council finds that the vending of produce, meat, and other prepared or prepackaged foods, goods, and wares on sidewalks, the public right-of-way, and parks poses special conditions that may potentially impact the public health, safety, and welfare of the residents of the City of Stockton. The requirements set forth by this Chapter are necessary to ensure vending operations do not adversely impact the public welfare, that food vendors adhere to State and County public health requirements, and there are free and safe flows of vehicular and pedestrian traffic in the public right-of-way where vendors are conducting their business.

C. The city council further finds that parks and nature areas are a finite and valuable resource within the city. Public parks are designed and maintained to support the recreational activities for which they were intended and have inadequate facilities such as restrooms, water, sanitary services, and pedestrian and vehicle traffic flow necessary to support commercial vending activities. It is the purpose and intent of the city council, in enacting this Chapter, to protect the health, safety, and welfare of the public by regulating the use of parks, nature areas, and recreation facilities, to ensure the public's use and enjoyment of natural resources and recreational opportunities and prevent an 1869
undue concentration of commercial activities that unreasonably interfere with the intended use of the parks, but not infringe on a person’s right to pursue economic opportunities afforded to them by law.

D. Street and Sidewalk Vendor Business Licensing requirements and regulations are located in SMC

5.106 et seq.

8.70.020 Definitions.

The definitions herein are for the purpose of clarifying terms within this Chapter. “Compact Mobile Food Operation” means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance. "Designated Location" shall mean a specific location on a public sidewalk, park, or venue which has been allocated a permit by the City of Stockton for exclusive use in a vending operation. "Food" shall mean any type of edible substance or beverage. “Health Officer” shall mean the San Joaquin County Health Officer, or the assigned City Health Officer, and their designated personnel.
"Merchandise" shall mean any tangible items or goods that are not food. “Park” shall mean the grounds areas of any public park, recreational facility, or venue owned or operated by the City of Stockton.
"Permit" shall mean a permit or license issued by the City of Stockton authorizing a vendor to conduct business within the city limits, as allowed by this Chapter and SMC 5.106. “Peddler’ see ‘Vendor’.
"Person or Persons" shall mean one (1) or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs or organizations composed of two (2) or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether engaged in business, nonprofit or any other activity. "Street" shall mean the portion of any county, state or public road or highway within the City of Stockton, which is utilized for motor vehicle or bicycle traffic, including any improved shoulder adjacent to traffic lanes. "Sidewalk" shall mean any surface in the public right-of-way intended for use by pedestrians, including walkways and pathways.
"Sidewalk/Street Vendor" shall mean a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk, pedestrian path, or park, including all roaming sidewalk vendors, stationary sidewalk vendors and compact mobile food operations.
"Stationary Sidewalk Vendor" shall mean a sidewalk vendor who vends from a fixed location. "Roaming Vendor" shall mean a sidewalk vendor who moves from place to place and stops only long enough to complete a transaction.
"Vend" or "Vending" means the sale of any goods, wares, merchandise, prepared, prepackaged, or unprepared, unpackaged food or foodstuffs of any kind from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk, other pedestrian path, or park.
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“Vendor” shall mean any person, business, organization, or establishment that sells merchandise or food products on the public right-of-way or a park. This includes any peddler as defined in SMC 5.08.260. "Vendors Permit or License" shall mean a permit issued pursuant to the provisions of this Chapter to engage in sidewalk, street, or park vending activities.
“Venue” shall mean any location owned by or operated by the City of Stockton.

SMC 8.70.030 Regulations of Sales.

It shall be unlawful for any person to vend, or attempt to engage in vending, or conduct any business for the purpose of vending upon a public sidewalk, other pedestrian path, park, or public recreational area within the City of Stockton except in accordance with all applicable provisions of this Chapter.

SMC 8.70.040 Business License and Health Permit Requirements.

A. Any person, business, or organization desiring to engage in vending, as defined by this Chapter, shall submit a written application for a business license to the city manager or designee in a form acceptable to and with all fees and supporting information required by the City of Stockton pursuant to SMC 5.04, SMC 5.16, and SMC 5.106.

B. Any vendor that sells food products shall obtain a permit pursuant to any State of California and/or the San Joaquin Department of Environmental Health requirements. If said permit(s) are required, a copy of the permit(s) shall be submitted at the time of application of a City of Stockton business license.

C. The sidewalk vendor shall display, in plain view at all times, a current business license and any required County Health Permit and applicable inspection stickers in or on their pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

D. Any vendor found to be operating without having first obtained a business license, or within a park without having paid a public property use fee pursuant to SMC 8.70.050, may be assessed an administrative fine as provide in SMC 8.70.110.B.

E. A vendor permit may be suspended or revoked pursuant to SMC 8.70.110.A.4 and SMC 5.106.

SMC 8.70.050 Public Property Use Fee.

Any vendor who conducts, or plans to conduct, vending activities upon any portion of a park, or a sidewalk adjacent to any park, shall pay to the City of Stockton a Public Property Use Fee in the amount as determined by resolution of the city council from time to time. Public Property Use Fees shall be payable at the time business license fees are due. Should a vendor decide after having already obtained a business license without paying to operate in a park or sidewalk adjacent to a park, the vendor shall pay to the City of Stockton, in the full annual amount, the cost of the use fee prior to operating thereon. The purpose of the fees shall be to mitigate the effects of additional and unordinary traffic upon landscaped park surfaces and the increased use of park systems and facilities by persons that otherwise would not be using those facilities, as well as the use of the park and its facilities by vendors themselves; a use which was never originally intended, or designed, for such locations. The proceeds from this use fee shall be allocated to the Public Works Department for the purposes of addressing the additional costs of maintenance, repair, and replacement of damaged landscaping, sprinklers, and other affected ancillary systems and facilities. Any vendor found to be operating in a location described herein without having paid the required use fee shall be guilty of a violation of this Section.

SMC 8.70.060 Vending Premise and Equipment Conditions and Requirements.

A. Any vending cart, pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance shall not exceed five feet by seven feet (5'x 7') in dimension and, when vending in a park, auxiliary equipment associated with a vending activity shall not impede upon a park surface more than ten feet (10’) from the edge any adjacent sidewalk and shall not be attached or affixed to any lamp post, parking meter, picnic table, fire hydrant, tree, plant, bench, or trash can. 1871
B. No vending shall prohibit mobility upon the right-of-way in accordance with the Americans with Disabilities Act (ADA).

C. No vending activity shall encroach on private property without written consent of the property owner.

D. No vending activity shall be conducted on a sidewalk unless there is a five foot (5’) clear space for pedestrian passage.

E. No person shall install, use, or maintain any vending equipment that projects onto, into, or over any sidewalk or parkway when such installation, use, or maintenance endangers the safety of persons or property, or when such site or location is being used for public utility purposes, public transportation purposes or other governmental use.

F. No sidewalk vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley, or any other public place, by causing people to congregate at or near the place where goods, wares, foods, or merchandise of any kind are being sold or offered for sale.

G. No cords, hoses, extension cords, pipes, or other objects may lie on or across any portion of a sidewalk, or vendor premise walkway in a manner that may cause a trip hazard.

H. No canopy, cover, or other form of overhang shall be installed or placed in or around a vending premise, except wherein a canopy is required by the Health Official pursuant to provisions of the State of California Health and Safety Code (HSC). When a canopy is required, it shall not exceed ten feet by ten feet (10’x10’), shall be temporary in nature, and shall be installed in a manner that high winds will not dislodge the cover from the premise, without the use of stakes, rods, or other devices that penetrate landscaped areas when installed on park grounds. No canopy, cover or other form of overhang shall be erected, or rest, upon the required five feet (5’) of clear space required for pedestrian passage.

I. No tables, chairs, fences, or other site furniture or structures, (permanent or otherwise) or any freestanding signs shall be permitted on or adjacent to the premise, except for tables and/or stands to display products, and chairs for no more than the number of persons, on-site, for the purpose of operating the vending activity. Any advertisement of merchandise shall be attached to the vending cart, pushcart, stand, display, pedal-driven cart, wagon, showcase, merchandise rack, or other nonmotorized conveyance.

J. All vending operations shall be self-sufficient, and no vendor shall connect any water, electrical, or mechanical lines, cords, hoses, or pipes, to any utility owned or controlled by the City of Stockton or to services on a private property regardless of the vendor having written consent to conduct business thereon. This includes but is not limited to connections to receptacles, spickets, transformers, generators, and gas connections.

K. All vending operations shall be equipped with refuse containers large enough to contain all refuse generated by the vending operations. Vendors shall pick up all refuse generated by such operation within a twenty-five-foot (25’) radius of the operation before the vendor changes location and/or discontinues business for the day. No vendor shall dispose of any trash or refuse in any public or private trash receptacle other than a trash receptacle owned, operated, or otherwise provided by and under the control of such vendor.

L. No vendor shall use any type of portable generators including but not limited to emergency, inverters, and recreational or commercial grade generators.

M. No vending operation shall utilize charcoal or wood burning elements.

N. Unless written authorization has been obtained from the City of Stockton Fire Department, the use of open-flame devices and equipment shall be prohibited.

O. Other than clean water, no vendor shall discharge or release any items or materials, whether they be solids or liquids, onto the sidewalk, street, gutter, storm drain, or upon any public or private property.

P. All vendor operations shall comply with the California Health and Safety Code regarding the availability of adequate toilet, handwashing facilities, and equipment sanitation for use by food service personnel.

Q. No vendor shall park any vehicle or trailer on a sidewalk or landscaped area of a park or any landscaped portion of private property.

R. No vendor shall sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine or any product used to smoke/vape nicotine or marijuana.

S. No vendor shall conduct business through the passenger compartment or bed of a truck that is parked on a public right-of-way.

T. No vendor shall conduct transactions with persons in moving vehicles or vehicles illegally parked or illegally stopped in the public right-of-way.
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U. All vendors are subject to the provisions of the State of California Vehicle Code and shall not obstruct the flow or pattern of traffic on a public right-of-way when loading and unloading merchandise from or into their vehicle.

V. No vendor shall approach or engage in the sale of food or merchandise, and shall not interfere in any way, with anyone engaged in an activity within a park.

W. No vending operation shall be left unattended or stored on public property.

X. No vendor shall emit a noise that constitutes a nuisance pursuant to the Stockton Municipal Code, Chapter 8.20 et seq.

Y. Vending of personal services is strictly prohibited. This includes but is not limit to, boot camps, massage services, yoga, dog training, tickets to sporting and entertainment events, sport and fitness classes, and any electioneering, except were allowed pursuant to the provisions of the State of California Elections Code.

Z. Upon request of any police officer, peace officer, community service officer, health officer, code enforcement officer, or any other public official assigned for the purpose of enforcing any portion of this Chapter, a vendor shall produce a valid form of identification.

8.70.070 Restricted Vending Locations.

A vendor may locate and operate upon a public sidewalk, pedestrian path, or public park, subject to the following conditions:

A. No vendor shall operate within 1,000 feet of:

1. An area designated for a temporary special permit issued by the City of Stockton provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the City of Stockton’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the City of Stockton for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit.

2. A permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

B. No vendor shall operate within 300 feet of:

1. Any freeway or highway entrance or exit.

2. Any portion of a public or private golf course.

3. Any portion of Banner Island Ballpark, or Adventist Health Arena, or those facilities where they are located as the name may change from time to time.

4. Any designated Transportation Center (bus, train, trolley, etc.).

5. Any portion of a school site prior to 4:00 p.m. on any day when school is in session.

6. Any entrance of a recreational facility, library, youth service center, or senior center.

7. Any building, bathroom, or playground within a park.

8. Any park, venue, or facility owned or operated by the City of Stockton where there exists a signed agreement for concessions that exclusively permits the sale of food or merchandise therein to one or more concessionaire.

9. Any food or merchandise establishment during that establishment’s regular hours of business.

C. No vendor shall operate within 100 feet of:

1. Any other vending or food wagon operation.

2. Any controlled or uncontrolled intersection or alley entry. 1873

3. Any ‘No-Parking’ Zone.

4. Any fountain, statue, monument, or art installation.

5. Any automated teller machine (ATM).

6. The property of any church, chapel, synagogue, mosque, or any other type of ‘house of worship’, between one hour prior and one hour following a regularly scheduled time of service, wedding, funeral, or any other normally recognized religious function of that particular place of worship, without the expressed permission of the person(s) in control of the facility.

7. The entry of any funeral parlor, chapel, mortuary, or any other type of business operating for the purpose of honoring and/or celebrating a death, between one hour prior to and one hour after the scheduled time of the service, without the expressed permission of the person(s) in control of the facility.

D. No vendor shall operate within 50 feet of:

1. Any bus stop, bus shelter or taxi stand.

2. Any entry or exit from a parking lot, parking garage, strip mall, or shopping center.

3. Any marked pedestrian crossing.

4. Any fire hydrant.

E. No vendor shall conduct business on, or at:

1. Any park, venue, or facility owned or operated by the City of Stockton where there exists a signed agreement for concessions that exclusively permits the sale of food or merchandise therein.

2. Other than on an adjoining sidewalk or area designated in Section 8.70.060.A, no vending shall be conducted on any pathway, sidewalk, or other area, beyond the entrance of a park or venue owned or operated by the City of Stockton.

3. Any parking stall or designated parking area.

4. Any City of Stockton maintenance facility or storage area.

5. Any area within 25 feet of a public street curb that has been designated by the City as a yellow, white, blue, or red zone.

6. Any tree well or planting strip.

7. Any area zoned exclusively residential.

8.70.080 Exemptions.

A. Any person engaged in vending conducted in connection with the operations of a state-certified openair market or an authorized street fair or event under a special event permit, lease, real property license, agreement, or other entitlements issued by the City of Stockton.

B. Any person delivering any goods by vehicle where such goods have been ordered in advance for such delivery from any business located at a permanent location and which goods are being delivered from such location to the customer by vehicle, regardless of the point of sale.

C. This chapter shall not apply to the sale or distribution of any newspaper, flier, or handbill.

8.70.090 Hours of Operation.

In addition to the provision already stated within Chapter 8.70, a sidewalk vendor must also comply with regulations specific to the following types of land uses:

A. Residential Use Area

1. Other than roaming vendors, vending is prohibited in areas zoned exclusively residential.

2. Roaming vendors shall limit hours of operation from 8:00 AM to 5:00 PM of any given day.

B. Commercial Use Area

1. Permitted hours of operation shall not begin any earlier or continue any later than the normal business hours of any other business or use on the same street.

2. No vendor shall conduct operations within 300 feet of a residence located within a commercial zone.
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C. Industrial Use Zone

1. Permitted hours of operation shall not begin any earlier or continue any later than the normal business hours of any other business or use on the same street.

2. No vendor shall conduct operations within 300 feet of a residence located within a commercial zone.

D. Public Parks
A. No vending shall be conducted within a park except during the park’s posted operational hours. If the park has no posted operational hours, vending operation shall not commence prior to sunrise and shall be completed no later than sunset of that same day.

SMC 8.70.100 Applicability of Regulations to Existing Businesses.

The provisions of this chapter shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this Chapter into law.

SMC 8.70.110 Administrative Penalties.

In accordance with the provisions set forth in the State of California Government Code, section 51039, administrative penalties may be assessed as follows:

A. Violations of SMC 8.70.060 through SMC 8.70.090 may be assessed a fine of:

1. An administrative fine not exceeding one hundred dollars ($100) for a first violation.

2. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.

3. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.

4. Upon the fourth violation within one year of the first violation, the vendor permit may be suspended for the remaining term of the permit.

B. Violations of SMC 8.70.040 and SMC 8.70.050 may be assessed a fine of:

1. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.

3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.

4. Upon proof of a valid permit having been issued the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph A of this Section, respectively.

C. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in paragraphs A and B shall be prohibited.

SMC 8.70.120 Ability to Pay Determination.

In accordance with the provisions set forth in Government Code, section 51039(f) the City of Stockton shall take into consideration of a person’s ability to pay an administrative fine as follows:

A. Any fine issued under this chapter will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination. A person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.

B. If a person is receiving public benefits under California Government Code Section 68632(a), or has a monthly income which is 125 percent or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human 1875
Services, the person's administrative fine is limited to twenty percent (20%) of the amount assessed.

C. The City of Stockton may also take the following actions:

1. Allow the person to complete community service in lieu of paying the total administrative fine.

2. Waive the administrative fine.

3. Offer an alternative disposition.

SMC 8.70.130 Enforcement.

A. The provisions of this Chapter shall be enforced by the City of Stockton, Police Department, Neighborhood Services Section.

B. When applicable, provisions of the California Health and Safety Code, as it pertains to the handling, processing, serving, and other aspects of food safety, shall be enforceable, and issued notice, by the San Joaquin County Environmental Health Department or City assigned Health Officer and his/her designee.

C. Failure to comply with the correction of a violation previously cited by the San Joaquin County Environmental Health Department may be cited by a City of Stockton Code Enforcement Officer in subsequent notices.

D. Violations of the California Vehicle Code shall be enforced by the applicable law enforcement agency upon the location where the violation exists.

SECTION III. AMENDMENT OF CODE
Title 8, Chapter 8.56, Section 8.56.010 of the Stockton Municipal Code is hereby amended and shall read as follows:

8.56.010 Sale of fruits, vegetables, dairy products, etc., from wagons.

A. The sale of fruits, vegetables, fish, dairy produce and poultry and display of such goods, wares and merchandise to the passing public in, or from, wagons or portable stands upon the streets or sidewalks of the City shall be in accordance with Chapter 8.70 of this Code.

B. The sale and display of such goods from a vehicle shall be in accordance with this Chapter. (Prior code § 7-001)
SECTION IV. AMENDMENT OF CODE
Title 8, Chapter 8.56, Section 8.56.030 of the Stockton Municipal Code is hereby amended and shall read as follows:

8.56.030 Prohibiting sale of food for human consumption from wagons or any other vehicles within three hundred feet of any school, park or playground, etc.

It is unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on the business of a peddler of fruits, buttermilk, milk, soda water, or any other beverage, ice cream, bread, crackers, cakes, pies, confections, sandwiches, meats, or other edibles intended for use as food for human consumption, to sell, give away, or dispose of any of the articles above named to any person or persons on any street, alley, lane, way or public place within a radius of 300 feet of any school, park, playground or City or Metropolitan Park and Recreation Commission operated recreation center whereupon that facility has an existing concession permit or special events permit as authorized by Section 8.70.080.A of this Code.
(Prior code § 7-001.2)
SECTION V. AMENDMENT OF CODE.
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Title 8, Chapter 8.56, Section 8.56.040 of the Stockton Municipal Code is hereby amended and shall read as follows:

8.56.040 Exceptions.

The provisions of Section 8.56.030 of this Code shall not apply to sale of beverages or foodstuffs set out in said section sold at games and events held or conducted at schools, parks or playgrounds, etc., providing a special events permit shall first be obtained from the City Manager. (Prior code § 7-001.3)
SECTION VI. AMENDMENT OF CODE
Title 12, Chapter 12.56, Section 12.56.010 of the Stockton Municipal Code is hereby amended and shall read as follows:

12.56.010 Unlawful acts in public parks.

Within the limits of any park of the City and within the limits of any park, now owned or to be hereafter owned by the City outside the limits of the City, it is unlawful for any person, firm or corporation to do any of the acts hereinafter specified, and the Police Officers are hereby empowered to arrest a person whenever the Police Officers have reasonable cause to believe the person to be arrested has committed in his or her presence the acts hereinafter specified:

A. To cut, break, injure, deface, or disturb any plant, rock, building, cage, pen, monument, fence, bench, or other structure, apparatus, or property; or to pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or to mark or write upon any building, monument, fence, bench, or other structure; or to carry any flowers, shrubs, or branches into or through the park.

B. To cut or remove any wood, turf, grass, soil, rock, sand or gravel.

C. To post, place or erect any bill, notice, paper, or advertising device or matter of any kind.

D. To conduct any class, special event, or tournament whether or not for profit, without a special event permit. Such permit shall be carried by the vendor, or the party conducting such class, event or tournament at all times that such party is within a City park for the purpose of such sale or activity.

E. To willfully tamper with, or damage any water or gas pipe, hydrant, stopcock, sewer, basin, or other construction in any park.

F. To carry or discharge any firearm, air gun or slingshot.

G. To make or kindle a fire except in picnic stoves provided for that purpose, or to camp, except in places designated as such by the City Manager.

H. To ride or drive any horse or other animal or any motorized vehicle, cycle, or scooter elsewhere than on the roads or drives provided for such purpose, or to drive a motor vehicle in an erratic or hazardous manner on any park roads, paths or parking areas.

I. To indulge in riotous, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language.

J. To enter, remain, stay or loiter in the swimming pools in the public parks or the enclosures surrounding said pools at any time when said pools are not open to the public, with a lifeguard on duty.

K. To retrieve and abscond with balls hit, thrown or rolled over, under or through the fences or stands enclosing an athletic area.

L. To play or engage in model airplane flying, radio controlled or non-radio controlled model powerboat operation or the use of any other power driven or noise producing hobby or recreational device, driving of golf balls, archery, hardball or any similar games of a hazardous nature, except at such places and times as shall be specifically established by the Director of Parks and Recreation.

M. To throw or place on or in any park any paper, rubbish, garbage, or refuse matter of any kind.

N. To enter, remain, stay or loiter on the playing area, roughs and lagoons of any golf course or golf driving range without first having purchased a valid admission ticket to such course or range having been authorized by the person in charge to enter such course or range. 1877
O. To enter, remain, stay or loiter on any portion of any golf driving range other than a designated tee area.

P. To possess any beverage container made of glass in any City park or playground or to bring, carry, or transport any beverage container made of glass into any City park or playground. (Prior code 5-022; Ord. 007-07 C.S. § 3)
SECTION VII. AMENDMENT OF CODE.

Title 12, Chapter 12.76 of the Stockton Municipal Code, titled “SOLICITING ON PUBLIC STREETS – PROHIBITED” is hereby repealed in its entirety:

SECTION IX. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid.

SECTION X. EFFECTIVE DATE.

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

ADOPTED: ____________________
EFFECTIVE: ____________________
______________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE AMENDMENT TO THE FISCAL YEAR 2024-25 FEE SCHEDULE

RELATED TO STREET AND SIDEWALK VENDORS
In 2018 and 2022, the State Legislature passed separate bills addressing street and sidewalk vendors and their activities throughout the State. Senate Bill 946 (2018) and Senate Bill 972 (2022) regulate allowable enforcement measures for both General Law and Charter Cities; and
In an attempt to bring the Stockton Municipal Code (“SMC”) into compliance with State law, Stockton Police Department Neighborhood Services Section (“NSS”) reviewed current SMC provisions related to street and sidewalk vendors and found several areas for potential improvement; and
NSS has proposed several amendments to the current SMC to bring City enforcement of street and sidewalk vendors into compliance with State law; and The City seeks to implement fines consistent with State Law to curb street and sidewalk vending conducted in violation of the proposed amendments to the SMC and to amend the Public Works fee schedule for the recovery of costs for work created by the activities of vendors and their clients in public parks as allowed by the provisions of State Law; now, therefore,

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

1. The City Council approves the amendment of the Fiscal Year 2024-25 Fee Schedule to create new fees concerning street and sidewalk vendors attached as Exhibits 1 and 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC CPMC
City Clerk of the City of Stockton
1879
EXHIBIT 1
FY 2024-25 Proposed New Fees

POLICE DEPARTMENT
Neighborhood Services Section
Description Reason Proposed Amount

STREET VENDORS
First Offense of Violation SMC 8.70.110 (A) Violations of SMC 8.70.060 through SMC 8.70.090 $100.00 Second Offense of Violation SMC 8.70.110 (A) Violations of SMC 8.70.060 through SMC 8.70.090 $200.00 Repeated failure to comply with SMC 8.70.110 (A)
within a single calendar year Violations of SMC 8.70.060 through SMC 8.70.090 $500.00 First Offense of Violation SMC 8.70.110 (B)
Second Offense of Violation SMC 8.70.110 (B)
Repeated failure to comply with SMC 8.70.110 (B)
within a single calendar
Division General Notes (Applicable to all fees)
Violations of SMC 8.70.040 through SMC 8.70.050
Violations of SMC 8.70.040 through SMC 8.70.050
Violations of SMC 8.70.040 through SMC 8.70.050
$250.00
$500.00
$1,000.00
1880
EXHIBIT 2
FY 2024-25 Proposed New Fee
Administrative Services Department
Business Licensing Division
Public Property Use Fee Pursuant to Stockton Municipal Code, Title 8, Chapter 8.70, Section 8.70.050, a fee to mitigate
maintenance and repairs of Public Parks
landscaping areas and features, irrigation
systems, and other ancillary park facilities that
may be damaged, disfigured, or destroyed, by
street vendors and their clients’ activities due to
Public Parks not being originally intended, or
designed, for such locations.
$60.00
The amount of this fee was determined by an analysis of expenses paid to contracted 3rd parties for maintenance costs related to damages withing public park areas caused by vendors, or their clientele, in calendar year 2023. It does not take into account any additional Public Works employee manhours that may have been expended in relation to extraordinary servicing of park facilities (i.e., cleaning and dumping trash containers, cleaning bathrooms, removing graffiti, etc.) associated with vendor activities. 1881

STREET AND SIDEWALK

VENDOR REGULATIONS
MAY 13, 2025

CITY COUNCIL MEETING
AGENDA ITEM 16.2
1882

PURPOSE
To present proposed updates to the
Stockton Municipal Code (SMC)
concerning street and sidewalk vending,
aligning local regulations with recent
state legislation (SB 946 and SB 972).
1883

BACKGROUND
• The Legislation/Environmental Council
Committee Meeting held on March 24, 2025
• State laws SB 946 & SB 972 were signed into
law in 2018 and 2022.
• New laws establish regulations, enforcement
guidelines, and a new category of vendors
(Compact Mobile Food Operations or
CMFOs).
• Requires an update to the SMC to ensure
compliance and clarity.
• The Legislation/Environmental Council
Committee recommended bringing the
Ordinance to City Council for Approval
1884

KEY CHANGES
Licensing and Permitting
Operational Standards
CMFOs
Permitted Locations
Penalties
1885

STATE LAW &
LOCAL

CONTROL
Preemption: State laws like SB 946 and
SB 972 can preempt, or override, local
ordinances.

SB 946 and SB 972 Impacts:
• Limitations on Local Government Authority
• Enforcement Restrictions
• Sets Requirements for Licensing and
Permitting Procedures
Balancing Act: Local governments retain some
flexibility to regulate time, place, and manner of
vending to address local concerns such as traffic
congestion, noise, and public safety.
1886

BENEFITS OF
STREET

VENDING
• Provides entrepreneurship
opportunities
• Expands consumer access to a
diverse range of goods and
services
Economic Opportunities:
• Enhances the vibrancy and cultural
richness of public spaces
• Offers unique culinary experiences
and handcrafted items
Community Enhancement:
1887

CHALLENGES OF

INCREASED

VENDING
Traffic and
Parking
Environmental
Impact
Regulatory Gaps
1888

VENDING
IN
PUBLIC
PARKS
SB 946 prohibits cities from completely banning vending in public parks, recognizing their importance as public spaces for community gathering and economic activity. • Local Considerations: • Protecting park resources and visitor experiences • Managing potential conflicts with other park uses
• Ensuring accessibility for all park users
• Potential Solutions: • Designating specific vending zones within parks • Implementing time-based restrictions • Creating specific rules for waste disposal 1889

PROPOSED
ORDINANCE:

KEY FEATURES
• Ensures consistency with SB 946 and SB 972
Compliance with State Law:
• Clear rules for vending locations, hours of
operation, and spatial restrictions
• Addresses waste management, noise control,
and protection of public infrastructure.

Comprehensive Guidelines:
• Establishes specific regulations for Compact
Mobile Food Operations
CMFO Regulations:
1890

ADDRESS
PUBLIC

CONCERNS
Carefully balance the needs of
vendors with the preservation of
public spaces
Balancing
Interests:

Incorporates provisions related to
food preparation, handling, and
storage
Public
Health and
Safety:

Provides clear and consistent
enforcement procedures Enforcement:
1891

NEW FEE SCHEDULE
• Introduces fees for violations and public property use, generating revenue to support enforcement and maintenance efforts, ensuring that vendors contribute to the costs associated with their operations. • Fees are structured to deter repeat violations and ensure that vendors contribute to the costs associated with their operations, promoting responsible vending practices.
1892

PROPOSED FEES
1893

PROPOSED FEES
1894

RECOMMENDATION
• It is recommended that the City Council:
• Adopt an Ordinance Amending SMC Titles 5, 8,
and 12 (specifically Chapters/Sections 5.08, 5.106,

8.56, 8.70, and 12.56)
• Repeal SMC Title 12, Chapter 12.76
• Adopt a Resolution approving amendments to
Fiscal Year 2024-25 Fee Schedule relating to
street and sidewalk vendor fines.
• 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.
1895
City of Stockton
Legislation Text
File #: 25-0561, Version: 1

HOLD PUBLIC HEARING TO APPROVE THE ANNUAL BUDGET AND ASSESSMENT ROLLS FOR THE 2025-26 HOLIDAY PARK MAINTENANCE DISTRICT

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.

Summary
The City of Stockton (City) owns the Holiday Park swimming pool located at 5703 Kermit Lane. The facility had been operated and maintained through an agreement with the Holiday Park Recreation Association (Association) from the pool’s construction in 1969 until May 2019, when the pool’s operation and maintenance reverted to the City. The pool is now open to the public with residents of the Holiday Park Maintenance District (District) receiving a discounted fee to use the pool.

Annually, City staff submit a budget (Attachment A) for operations and maintenance to the City Council for approval. The City Council approved budget forms the basis of an assessment of parcels City of Stockton Page 1 of 5 Printed on 5/8/2025
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File #: 25-0561, Version: 1
within the District (Attachment B) related to the pool. Each year, a public hearing is held, and the certified assessment is submitted to San Joaquin County based on County assessed property values.

In 1996, California voters passed Proposition 218, after which increases to the assessment were only allowed by a vote of the residents. Since then, residents of the District have not favored any increase in the assessment to keep up with the cost of the pool maintenance and repair cost. The assessment rate has thus remained at $46,598 since 1996. The cost of operations has significantly increased over time and is higher than the annual assessment revenues.

From 2015 to 2017, the City Council approved a subsidy from the General Fund to keep the pool open to serve the community. Since 2017, the subsidy has been appropriated from the Strong Communities Fund, per City Council approval, on the condition that the Association would seek additional sources of funds and engage the District members to consider an election to raise the assessment. No additional funding sources were secured, and a survey of District members by the Association indicated there was no willingness to engage in the election process to increase the assessment.

In 2019, the agreement with the Association expired, and the pool was returned to the City. The 2019 assessment funds were used for significant repairs to the pool. In 2020, the City reopened the pool for the swim season and assumed responsibility for pool operations. The 2021, 2022, and 2023 assessment funds were also used for repairs to the pool and opening of the swim season.

DISCUSSION
Background
On January 6, 1969, the City of Stockton completed the acquisition of two parcels located at 5703 Kermit Lane, Stockton, California on which the primary appurtenance was an aquatics facility, the Holiday Park swimming pool. The City accepted the Holiday Park Pool and adjacent parking lot as part of a parcel land transfer from the Holiday Park Recreation Association. On January 13, 1969, the City Council adopted Resolution 27450, creating the Holiday Park Maintenance District. Pursuant to the Resolution, the property lying within the District would be wholly assessed for the costs of maintaining, operating, and making necessary improvements, repairs, and upgrades to meet health and safety codes at the Holiday Park swimming pool.

There are 304 parcels assessed within Holiday Park Maintenance District. The assessment rate is established each year based on estimated expenditures and levied on parcels according to the County’s assessed valuation for each individual parcel within the District. In 1996, California voters passed Proposition 218, after which increases to assessments were only allowed by a majority vote of the residents. Votes to increase the assessments have failed to pass, thus the assessment has remained at $46,598 since 1996, an average cost of $153 per parcel. Of that assessment, San Joaquin County receives a fee of $700, and the City of Stockton Community Services Department receives $1,700 to administer the assessment. The remaining assessment has been used by the Association as needed for operations and maintenance, including all utilities, chemicals, supplies, repairs, staffing, professional services, and insurance.

From 1969 to 2019, the City contracted with the Association to maintain, operate, and make City of Stockton Page 2 of 5 Printed on 5/8/2025
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necessary improvements, repairs, and upgrades.

Due to financial hardships resulting from increasing costs and fixed assessment revenues, the pool was closed for the 2011, 2015 and 2019 swim seasons (approximately Memorial Day to Labor Day), because the assessment revenues were well below the expenses to repair, maintain, and operate the pool. Starting in 2015, the City began subsidizing the Association to keep the pool open while the Association board developed additional revenue sources.

In 2017, the Board requested an increased subsidy. City staff advised the Board the subsidy would not increase, and the Board agreed to poll the Association membership for a vote to increase the assessment or the pool could face closure due to deferred maintenance. City staff met with the Board and offered limited financial support for the budget shortfall, and the City Council approved a modest General Fund subsidy of $6,663. This was offered in part because City insurance requirements for pool operators had increased. Staff informed the Board that the subsidy would not continue to increase and explained the process and timeline for increasing the Assessment. The Board shared the requirements with the membership, and the City was notified that few residents in the Association were in support of increasing the assessment, even if it meant closing the pool.

In 2018, the City provided an additional $6,663 General Fund subsidy to assist with the shortfall while the Board worked to establish new revenue sources for pool operations. During the 2018 swim season, the pool facility was damaged by a hit and run driver, and the Community Services Department provided additional funds to assist with necessary health and safety repairs. Even with support from the City, the Board was unable to raise additional revenue to pay for a full season of operation and maintenance costs.

City staff met with the Board president and treasurer on September 29, 2018 to discuss the future of the Association operating the pool. Staff held four formal meetings and regular telephone calls with the Board to find solutions to the operating deficits. On March 21, 2019, the Board informed the City that the Association did not have the ability to develop a financial plan, the support for increased assessments, and could no longer operate the pool for the 2019 season. Furthermore, the Association allowed the operations agreement to expire and did not seek renewal. Consequently, the City assumed responsibility for operating the pool, and on May 19, 2020, by way of Resolution 2020- 05-19-1501 adopted the annual budget, confirming the Holiday Park Maintenance District assessment for fiscal year 2020-2021. It also authorized a subsidy of up to $12,902 from the Strong Communities Fund to supplement funding for pool operations. During the year, staff monitored operational expenditures, reviewed prior year actual expenditures, and in completing a full cost of operations estimate for the FY 2021-2022, found that additional operational costs were being absorbed by the City.

On May 25, 2021, Resolution No. 2021-05-25-1601 was approved, adopting the annual budget and $75,809.00 subsidy, confirming the Holiday Park Maintenance District assessment for fiscal year 2021-2022.

On April 19, 2022, Resolution No. 2022-04-19-1601 was approved, adopting the annual budget and $81,489 subsidy, confirming the Holiday Park Maintenance District assessment for fiscal year 2022- 2023, authorizing the City of Stockton Chief Financial Officer to assess parcels within the District, and authorizing the City Manager to take all appropriate actions to implement the Resolution.

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On May 23, 2023, Resolution No. 2023-05-23-1601 was approved, adopting the annual budget and $116,735 subsidy, confirming the Holiday Park Maintenance District assessment for fiscal year 2023- 2024, authorizing the City of Stockton Chief Financial Officer to assess parcels within the District, and authorizing the City Manager to take all appropriate actions to implement the Resolution.

On June 4, 2024, Resolution No. 2024-06-04-1603 was approved, adopting the annual budget and $132,973 subsidy, confirming the Holiday Park Maintenance District assessment for fiscal year 2024- 2025, authorizing the City of Stockton Chief Financial Officer to assess parcels within the District, and authorizing the City Manager to take all appropriate actions to implement the Resolution.

Present Situation
A portion of pool operations are funded through an assessment that is subject to an annual public hearing and resolution presented to the City Council approving the assessment roll to San Joaquin County. The $46,598 assessment, unchanged since 1996, is not enough to cover all repair, maintenance, and operating costs.

For the 2024 Aquatic season, the three City pools welcomed 11,246 visitors. Holiday Park pool was the second most used pool with 3,590 users (31 percent). The current assessment of $46,598 funds approximately 24 percent of the cost to maintain and operate the pool for aquatic programming. The requested subsidy of $130,898.00 is intended to cover part-time staff, increased utility, maintenance, security, and operations of the Holiday Park pool. It will allow the City to continue operating the pool for the upcoming 2025 swim season, offering pool access for the Stockton community. Holiday Park pool is scheduled to open for this summer’s swim season on May 24, 2025.

Public Notice
“A Notice of Intent to Hold a Public Hearing” has been published at least ten (10) days prior to City Council Action.

FINANCIAL SUMMARY
The Proposed Budget recommends that receipts from assessment continue to be collected in the Holiday Park Assessment Fund (Account 680-0000-239.10-00 [0000-000-210090-780-781-00-00-000 -000-], a non-budgetary account).

Revenues from assessments cover the basic pool maintenance and landscape maintenance contract, but do not generate sufficient revenues for the remaining operational costs. The basic maintenance budget for Holiday Pool is included in the Recreation General Fund (5025-000-XXXXXX -100-125-000-000) and the remaining operational costs are funded by Strong Communities (5025- 000-XXXXXX-210-000-000-000). The proposed action will allow for the continued collection of assessments and for these revenues to be transferred to the Recreation Fund for all actual maintenance costs incurred. In addition, the recommendation will authorize 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 offset costs of operations and maintenance more than the revenue received.

The table below provides operating expense details for Fiscal Years 2023-2024 through 2025-2026:

CATEGORY FY 2023-24

ACTUALS
FY 2024-25

PROJECTED
FY 2025-26

PROPOSED
BUDGET
PGE $16,750 $18,600 $20,200
City of Stockton Page 4 of 5 Printed on 5/8/2025
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CATEGORY FY 2023-24

ACTUALS
FY 2024-25

PROJECTED
FY 2025-26

PROPOSED
BUDGET
PGE $16,750 $18,600 $20,200
Water 8,863 8,000 9,032
Sewer 820 1,577 1,577
Telephone 3,650 367 500
Salaries & Benefits 13,364 75,000 81,853
Publicity 400 400 400
Maintenance & Repair 47,516 50,000 50,000
Permit/Certifications 6,230 1,458 3,167
Operator Contract 23,125 0 0
Bay Alarm 1,260 1,260 1,680
Security 11,799 11,799 11,800
Janitorial 1,960 4,300 2,504
Plumbing 0 1,250 1,325
Fire Inspection 0 100 125
Pest Control 60 725 833
Equip & Supplies 18,750 4,747 7,000
Incidentals 2,667 0 500
TOTAL $157,314 $179,583 $192,496
Attachment A - Holiday Park Annual Budget
Attachment B - Holiday Park Assessment District Map
City of Stockton Page 5 of 5 Printed on 5/8/2025
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HOLIDAY PARK POOL RECREATION ASSOCIATION
ANNUAL BUDGET 2025-2026
INCOME
Assessments $46,598.00
Revenue $15,000.00
TOTAL INCOME: $61,598.00

EXPENSES
A. Salary and Benefits:

Part Time $81,853.00
81,853.00
B. Utilities:

PG&E $20,200.00
Water $9,032.00
Sewer $1,577.00
Telephone $500.00
$31,309.00
C. Property Maintenance:

Publicity $400.00
Maint.&Repair
(Pool & Landscaping) $50,000.00
Permit $3,167.00
Bay Alarm $1,680.00
Security $11,800.00
Janitorial $2,504.00
Fire $125.00
Pest $833.00
Plumbing $1,325.00
Equipment & Supplies $7,500.00
$79,334.00
TOTAL EXPENSES: $192,496.00
(EXPENSES) OVER INCOME ($130,898.00)

ATTACHMENT A
1901

CAVE LN
R

WOOD CT

HUTCHINSON AV

CARRINGTON C

PLEASANT

LINDA SUE DR

SWAIN RD

BANBURY DR

RIDGEWAY AV
CAM

SWAIN RD
Y.CT

JEFFREY CT
UPRR
U
P
R
R

HEMET AV

DUVALL CT
H.CT

MAYFAIR AV

KERMIT LN

MARCH LN

CARNELIAN DR

ELAINE DR
COLE

AUDREY DR
R

CARRINGTON CI

SILVER BREEZE CT
N

VIEW AV
URY DR

KERMIT LN

GARNER LN
MARLIN

MORNING DEW PL
OD DR

HOLIDAY DR

CAMANCHE LN

KERMIT LN
DR

YORKSHIRE

MAYFAIR AV
V

ROBINHOOD DR
DR
722
5504
5412
5528
5423
5444
619
5616
711
5509
5501
5440
5431
5640
5608
5621
602
621
812
5520
5616
5633
827
5433
5536
5627
5609
5536
5447
709
5448 605
5417
821
610
5628
5519
5416
724
5639
5522
5634
5424
5408
5448
809
5525
5422
5634
708 5506
5442
5434
5610
5432
5419
810
5602
5443
5441
5415
611
818
714
5520
5449
5645
5446
603
5534
813
5533
5439
824
5503
813
5652
5407
721
5646
5622
618
5523
546
5541
5615
719
5517
530
606 5441
802
5512
613
5425
5445
5628
706
5511
5445
5506
5539
703
5622
5521
5418
5630
972
826
918
824
856
958
934
919
839
5637
837
5638
5420
5636
5645
825
930
851
829
869
818
910
848
911
857
819
909
926
904
860
849
847
872
812
836
917
951
5411
840 853
863
830
826
5412
823
845
964
825
5643
835
834
912
927
5404
832 845
5624
816
866
833
5419
831
810
5631
942
842
842
902
829
903
935
5618
5625
950
822
5814 826 831
742
5812
5817
821
711
635
775
722
5724
5716
735 731
740
754
619
702
714
621
601
833
602
704
769
613
724
604
723
626
713
5830
533
802
5721
708
832
757
815
827
5732
832
745
620
760
5818
710
5740
5748
610
615
5835
801
743
5806
824
738
812
5808
729
726 728
727
5829
766
707
625
5821 841
608
737
5715
725
807
5815
620
735
774
628
803
5811
818
5802
641
601
806
813
5658
5842
5833
716
614
647
603
617
881
717
701
607
806
719
5827
732
820
5809
814
5836
748
622
5803
629
632
721
705
609
627
713
716
729
5823
5743
808
703
719
836
751
616
711
809
720
805
763
5824
5735
748
5708
875
5742
5718
5726
878
5702
5706
5704
884
5734
5712
959
943
777
779

DETAIL AREA
#212929
04/23/15
0 95 190 380 Feet µ Legend
Holiday Park Assessment Parcels
Holiday Park
Assessment District

ATTACHMENT B
1902
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ADOPTING THE ANNUAL BUDGET, CONFIRMING THE

HOLIDAY PARK MAINTENANCE DISTRICT ASSESSMENT FOR FISCAL YEAR 2025-2026, AUTHORIZING THE CITY OF STOCKTON CHIEF

FINANCIAL OFFICER TO ASSESS PARCELS WITHIN THE DISTRICT, AND

AUTHORIZING THE CITY MANAGER TO TAKE ALL APPROPRIATE ACTIONS

TO IMPLEMENT
The City of Stockton (City) accepted the Holiday Park swimming pool as part of a parcel of land transfer recorded under San Joaquin County deed number 326-211, on January 6, 1969, from the Holiday Park Recreation Association; and On November 25, 1968, the City adopted Resolution No. 27384 of intention to create the Holiday Park Maintenance District (District), and on January 13, 1969, the City adopted Resolution No. 27450 creating the (District) whereby the lands lying within the District would be wholly assessed for the costs and expenses of maintaining and operating the improvements described in the deeded acquisition; and
Since acquiring the Holiday Park pool in 1969, the City has contracted with the Holiday Park Recreation Association continuously for maintenance and operations of the facility. The most recently executed agreement expired on May 12, 2019, and the Association decided not to renew, returning operations and maintenance responsibilities to the City; and
City staff established a budget report for operation and maintenance costs as evidenced by the declaration on file with the City Clerk, whereupon the public hearing was duly and regularly held at the time and place stated in the notice; and City utilized $46,598 (2024-2025) from the Holiday Park Maintenance District to bring Holiday Park swimming pool to City standards of operations (maintenance, water quality and overall pump efficiency); and City staff have estimated that an additional $130,898 is needed to operate the pool for the 2025 summer season: and
A notice of the public hearing was duly and regularly published in The Record in the time, form, and manner required by law; and The estimated cost of the benefits to be assessed to each parcel of real property within the Holiday Park Maintenance District will not change from the prior year; now, therefore,
1903

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

1. Any and all protests made either to the Report, the proposed budget, or to the proposed levy of assessments and all persons desiring to be heard in relation to any of the matters, whether as protestants or otherwise, have been fully heard and considered, and any and all such protests or objections are hereby overruled.

2. The Annual Budget for Holiday Park Pool for the Fiscal Year 2025-2026 is approved.

3. The subsidy of $130,898, $11,926 from the General Fund (100-125) and $118,972 from the Strong Communities Fund (210-000) is approved.

4. The assessments follow all laws pertaining to the levy of the annual assessment (Stockton Improvement Procedure Code, section 3.76.810 et seq.).

The purpose of the assessments is the maintenance and operation of the Holiday Park Swimming Pool facilities.

5. The assessments in the total amount of $46,598 are hereby approved, confirmed, and levied upon the parcels of real property within the Holiday Park Maintenance District.

6. The Chief Financial Officer or his designee is hereby directed to enter the assessments on the 2025-2026 tax roll for the parcels within the District as shown in the Report on file with the City Clerk.

7. 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 May 13, 2025 .
_______________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1904

HOLIDAY PARK MAINTENANCE DISTRICT
2025-26 ANNUAL ASSESSMENT
City Council Meeting
May 13, 2025
Agenda Item # 16.3
1905
Holiday Park Maintenance District
2025-26 Annual Assessment
History
• 1968: City acquired parcel on Kermit Lane in Stockton. • 1969: City formed Holiday Park Maintenance District
and contracted Holiday Park Recreation Association for
maintenance and operations.
• March 21, 2019: Holiday Park Recreation Association did not seek renewal of the operator agreement.
• May 19, 2019: City assumed operation and maintenance for Holiday Park Pool.
1906
Holiday Park
Assessment
District Map
304 parcels
1907
Holiday Park Pool
Facility & Operations
Facility: Hours of Operation:
• Pool (with separate tot pool) Recreation Swim:
• Restrooms Tuesday-Friday 1-6 pm
• Parking lot Saturday – Sunday 12-6pm
• Fencing
• Equipment shed
1908
Holiday Park Pool Usage
2024 Season (June 1 – September 2)
• 3,590 entries
2025 Schedule (May 24 – September 1)
Lap Swim
• Tuesday-Friday
• June 10 – July 25
• 9am – 12:30pm
• July 29 – August 29
• 6pm – 7:30pm.

Junior Lifeguard Program
• June 17 – 20
• June 24 – 27
• July 8 – 11
• July 15 – 18
Dive In Movies
• June 13
• July 11
1909
Holiday Park Maintenance District
2025-26 Annual Assessment
Assessment:
• $46,598 since 1996
• No change to assessment rate for 2025-26
• Assessment is applied to costs of chemicals, repairs, maintenance, landscaping, and insurance
• Additional $130,898 is needed for pool maintenance and operation
• A Strong Communities Fund and General Fund appropriation has been included in the 2025-26 Community Services Department budget
1910
Holiday Park Maintenance District
2025-26 Annual Assessment
Recommendation:
• Adopt resolution to:
• Approve 2025-26 assessment
• Authorize CFO to assess the parcels
• Authorize a subsidy in the amount of $130,898
• $11,926 from the General Fund (100-125)
• $118,972 from the Strong Communities Fund (210-000)
1911
City of Stockton
Legislation Text
File #: 25-0210, Version: 1

GENERAL PLAN AMENDMENT AND ZONING MAP AMENDMENT TO ALLOW CONSTRUCTION OF A NEW AUTOMATED CAR WASH, LOCATED AT 200 NORTH WILSON WAY (APPLICATION NO. P24-0150)

RECOMMENDATION
It is recommended that City Council adopt the following:

1. A Resolution to approve a General Plan Land Use Map Amendment to change nine (9) APNs 153-030-23; -24; -25; -26; -27; -28 and 153-030-02; -03; and -04 from Industrial to Commercial; and

2. An Ordinance for a Zoning Map Amendment to change nine (9) APNs 153-030-23; -24; -25; - 26; -27; -28 and 153-030-02; -03; and -04 from Industrial, Limited (IL) to Commercial, General (CG).

Summary
ZM Carwashes, LP (Applicant), submitted an application to develop a self-serve drive through tunnel style Car Wash (“Car Wash”) on seven (7) parcels at the northeast corner of Wilson Way and Channel Street. The Car Wash will consist of a new 4,504 square-foot building, vacuum equipped parking stalls, landscaping, and lighting. The primary site access to the Car Wash is proposed on Channel Street.

The Applicant also owns four (4) properties adjacent to the Car Wash. Accordingly, the application requests a General Plan Map Amendment, Zoning Map Amendment, Administrative Use Permit and Design Review to allow the Car Wash construction and future commercial development on a total of eleven (11) legal parcels (herein referred to as “Project”).

Two (2) of the 11 Project parcels, Assessor Parcel Numbers (APNs) 153-030-29 and -30, have a General Plan land use designation of Commercial and a Zoning designation of Commercial, General (CG); the remaining nine (9) parcels (APNs 153-030-02; -03; -04; -23; -24; -25; -26; -27; and -28) have a General Plan Land use designation of Industrial and a zoning designation of Industrial, Limited (IL). The Project consists of a General Plan Map Amendment to change the land use designation on nine (9) parcels from Industrial and to Commercial, and a Zoning Map Amendment to change said parcels’ zoning designation from IL to CG, to create consistency and allow for the Car Wash and future commercial uses.

To develop a new Car Wash facility in the CG Zoning District, an Administrative Use Permit is required along with Design Review to ensure the development is compatible with the surrounding properties and is aesthetically pleasing and functionally organized.

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With approval of a General Plan Amendment, the Car Wash use will be consistent with the 2040 General Plan Land Use Map designation of Commercial. The Car Wash would further General Plan policies aimed at attracting employment and tax-generating businesses in the City (Policy LU-4.2), and prioritizing development and redevelopment of vacant, underutilized, and blighted infill areas (Policy LU-6.2).

On March 27, 2025, the Planning Commission reviewed and approved the Administrative Use Permit and Design Review components of the Project, and recommended approval of the General Plan and Zoning map amendments to the City Council. The Administrative Use Permit and Design Review approvals are subject to City Council approval of both the General Plan and Zoning map amendments.

Staff recommends the City Council approve the General Plan Amendment and Rezoning of the Project site area.

DISCUSSION
Background
Located at the northeast corner of 200 North Wilson Way with cross streets of Channel Street and Eugenia Avenue (Attachment A - Location Map and Aerial Photo), the Project site currently consists of eleven (11) legal parcels located within City of Stockton which are summarized below and broken down in a table format:

1. Four (4) of which are not proposed for physical development but are requesting a General Plan Amendment from Industrial to Commercial General Plan land use and Rezoning (RZ) from “IL” to “CG” to support future development, identified as APNs 153-030-02; -03; -04; and -

23. 2. Seven (7) of which are proposed for physical development, identified as APNs 153-030-24; - 25; -26; -27; -28; -29; and -30.

Parcel Breakdown
APN General Plan Zoning GPA/Rezone? Car Wash
153-030-24 Industrial IL Yes Yes
153-030-25 Industrial IL Yes Yes
153-030-26 Industrial IL Yes Yes
153-030-27 Industrial IL Yes Yes
153-030-28 Industrial IL Yes Yes
153-030-29 Commercial CG No Yes
153-030-30 Commercial CG No Yes
153-030-02 Industrial IL Yes No
153-030-03 Industrial IL Yes No
153-030-04 Industrial IL Yes No
153-030-23 Industrial IL Yes No
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The site is bound to the:

1. North by lands developed with miscellaneous commercial and industrial uses, as well as vacant lands; and

2. South by lands developed with miscellaneous commercial uses and a covered parking lot; and

3. East by lands developed with industrial uses; and

4. West by lands developed with commercial uses.

The 2040 General Plan Land Use Map identifies multiple designations on the project site, including Commercial and Industrial (Attachment B - General Plan Land Use Map). The site also has multiple Zoning designations including Commercial, General (CG) and Industrial, Limited (IL) (Attachment C - Zoning Map).

Project Description
Below is a breakdown of the eleven (11) parcels, which detail the address, APN, General Plan land use designation, Zoning designation, current use of the site, and acreage:

Parcels developed for the Car Wash
Address APN GP Zoning Use Acres (AC)
222 N. Wilson Way 153-030-30 Commercial CG Building, Vacant .18 200 N. Wilson Way 153-030-28 Commercial CG Building, Vacant .23 1505 Channel Street 153-030-28 Industrial IL Parking Lot .11 1527 Channel Street 153-030-27 Industrial IL Residence .12 1533 Channel Street 153-030-26 Industrial IL Vacant .12 1545 Channel Street 153-030-25 Industrial IL Vacant .12 221 N. Eugenia Street 153-030-24 Industrial IL Vacant .18 Total Carwash AC w/GPA/RZ: .65
Total Carwash AC: 1.06
Additional Parcels not developed for the Car Wash
Address APN GP Zoning Use Acres (AC)
225 N. Eugenia Street 153-030-23 Industrial IL Vacant .18 1518 E. Miner Avenue 153-030-02 Industrial IL Vacant .12 1540 E. Miner Avenue 153-030-03 Industrial IL Vacant .12 1544 E. Miner Avenue 153-030-04 Industrial IL Vacant .12 Non-Carwash AC w/GPA/RZ: .54
Total Project AC: 1.60
The applicant wishes to proceed with a General Plan Amendment and Rezoning of the additional (four) 4 parcels in the block to promote more commercial development in the area and develop those with other commercial uses at a later date.

The proposed Car Wash is a stand-alone automated Car Wash facility to be built on approximately

1.06 acres; utilizing seven (7) of the eleven (11) project site parcels. With approval of the proposed General Plan Amendment and Rezone, an Administrative Use Permit and Design Review are City of Stockton Page 3 of 6 Printed on 5/8/2025
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required to allow the establishment of the proposed Car Wash facility (both have been approved by the Planning Commission subject to Council approval of the General Plan Amendment and Rezone).

If the proposed Project is approved, a lot line adjustment, which has been filed under application NLM 24-06, will also be finalized to accommodate the proposed Car Wash on the 1.06-acres. Lot Line Adjustments do not require discretionary review, however they can be conditioned upon obtaining land use entitlements, such as the case here.

Per the Car Wash plans shown in Attachment D, the proposed Car Wash building is approximately 4,504 square-foot, and would be a “tunnel” Car Wash, which is an enclosed building with a 132-foot conveyor to move vehicles through the wash process from one end to the other. The building would contain washing, waxing, rinsing, and drying equipment. An equipment room, office and restroom would also be located within the building. The Car Wash would operate from 7:30 a.m. to 8:00 p.m., 7 days per week and employ approximately five (5) people per shift.

The Car Wash site has primary access to the Car Wash tunnel vehicle queue lane from Channel Street, with a secondary access point to the vacuum areas and other stalls from Eugenia Avenue.

There is an additional vehicle egress point onto Channel Street. Pedestrian access to the site is provided via Eugenia Avenue. The tunnel entrance from Channel Street is served by a double queuing lane to three (3) pay stations to help manage vehicular congestion at the entry drive, which provides adequate stacking distance to accommodate queuing for 16 vehicles without impacting Channel Street.

The Car Wash site has 30 parking spaces, 27 of which are stalls which enable the customer to dry off their vehicle and utilize the central vacuums. Per SMC 16.64.040(I) Table 3-9, self-service Car Washes are required to provide three (3) parking stalls per wash lane requiring only nine (9) parking stalls; therefore, the Car Wash meets the parking requirements in the Municipal Code.

General Plan Amendment
The proposed Project includes a General Plan Amendment to the Land Use Element to change the land use designation of a portion of the Project site to allow the proposed Commercial land use of the Car Wash. As mentioned earlier, the applicant is proposing a General Plan Amendment and Rezoning of nine (9) parcels. Two (2) parcels would remain unchanged.

As proposed, the Land Use Amendment would change 0.65-acres of the Project site for the Car Wash facility, as well as .54-acres of the additional lands for future development, for a total of 1.19- acres from an Industrial to Commercial land use designation.

The General Plan’s Commercial land use designation allows for a wide variety of retail, service, and commercial recreational uses, business, medical and professional offices, residential uses, public and quasi-public uses and other similar and compatible uses. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed General Plan Land Use Map Amendment action.

With approval of the Commercial designation across the site, the proposed Project would be considered consistent with General Plan policies and objectives and therefore would represent a minor adjustment to the General Plan land use map. The corresponding conversion of 1.19-acres from IL zoning to CG zoning is addressed below.

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Zoning Map Amendment
The Project also proposes the rezoning of nine (9) parcels from Industrial, Limited (IL) to Commercial, General (CG), mirroring the same acreage in the General Plan Amendment discussion above. As reflected in the attached Proposed Resolution, all necessary findings can be made to support the proposed Zoning Map Amendment action.

Administrative Use Permit & Design Review
The Car Wash entitlements also include Design Review (SMC 16.120) and Administrative Use Permit (SMC 16.168) requests. The Car Wash was reviewed by the Architectural Review Committee on February 26, 2025 and they found that the Car Wash conformed to the Citywide Design Guidelines and recommended approval to the Planning Commission.

As provided by SMC Sections 16.88.050(B)(5) and 16.212.070(B)(7), the Director elevated the Administrative Use Permit and Design Review decisions to the Planning Commission for action.

Subject to approval of the proposed General Plan Amendment and Rezone, all findings were made for the Planning Commission to approve the Car Wash.

Environmental Clearance
The 11 parcel Project is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15332, Infill Development Projects, because with approval of the General Plan Amendment and Rezone, the Project will be consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed development occurs within city limits on a Project site of no more than five acres substantially surrounded by urban uses. The Project site has no value as habitat for endangered, rare, or threatened species. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services.

Additionally, the proposed Car Wash is Categorically Exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15303(c), New Construction or Conversion of Small Structure, because it includes the construction of a store, motel, office, restaurant or similar structure, not involving the use of significant amounts of hazardous substances and not exceeding 2,500 square feet in floor area. In urbanized areas, the exemption also applies to up to four (4) commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available, and the surrounding area is not environmentally sensitive Historic Demolition
Approval of the Car Wash required the demolition of two (2) structures on the site; a 5,400 squarefoot one-story commercial structure located at 200-212 North Wilson Way (APN: 153-030-29), and a 3,600 square-foot one-story commercial structure consisting of two adjacent and connected buildings located at 222 North Wilson Way (APN: 153-030-30).

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Because the structures were determined to be over 50 years of age, an application for Historic Demolition was submitted and evaluated (P24-0139). After reviewing the Historic Resource Evaluation reports provided for each structure, it was determined that none of the structures were considered to be historical resources. (Attachment G - Historic Demolition Letter) The Applicant obtained proper building permits through the Community Development Department’s Building Division (BP25-01701) and all structures approved for demolition have been removed from the Project site.

PLANNING COMMISSION
On March 27, 2025, the Planning Commission reviewed the proposed General Plan Amendment and Zoning Map amendment, as well as the Administrative Use Permit and Design Review requests for the Car Wash. After hearing public testimony from the applicant and general public, the Planning Commission voted 6-0, in favor of the Project approving the Car Wash Administrative Use Permit and Design Review (subject to Council approval of the General Plan and Zoning Map amendments) and recommending City Council approval of the General Plan and Zoning Map amendments (Attachment H - Planning Commission Resolutions).

PUBLIC COMMENTS
Notice for the City Council public hearing was published in the Stockton Record on April 24, 2025, and mailed notice was sent to all property owners within a 300-foot radius at least twenty days prior to the May 13, 2025, meeting. At the time of the writing of this report, there were no public comments.

FINANCIAL SUMMARY
Approval of the Project and Car Wash would provide the City’s General Fund with additional revenue collected through Sales Tax through revenue earned by the Car Wash, and additional property taxes by all parcels.

Attachment A - Location Map and Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Project Plans
Attachment E - General Plan Amendment Exhibit
Attachment F - Rezoning Exhibit
Attachment G - Historic Demolition Letter
Attachment H - Planning Commission Resolutions
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City of Stockton, CA
Locati on Map and Aerial Photo March 20, 2025
Property Information
Property ID 15303029-111076
Location 200 N WILSON WY
Owner SINGH PROPERTY INC

MAP FOR REFERENCE ONLY

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

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

Critical layout or measurement
activities should not be done using
this resource.
1" = 130.66161652671747 ft
Attachment A
1918
City of Stockton, CA
Genera l Plan Land Use Map March 20, 2025
Property Information
Property ID 15303029-111076
Location 200 N WILSON WY
Owner SINGH PROPERTY INC

MAP FOR REFERENCE ONLY

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

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

Critical layout or measurement
activities should not be done using
this resource.
1" = 130.66161652671747 ft
Attachment B
1919
Map Theme Legends
General Plan Map
City of Stockton GIS data

ECONOMIC AND EDUCATION ENTERPRISE

RESIDENTIAL ESTATE

LOW DENSITY RESIDENTIAL

MEDIUM DENSITY RESIDENTIAL

HIGH DENSITY RESIDENTIAL

ADMINISTRATIVE-PROFESSIONAL

COMMERCIAL

INDUSTRIAL

INSTITUTIONAL

OPEN SPACE/ AGRICULTURE

PARKS AND RECREATION

MIXED USE

RIGHT OF WAY
Attachment B
1920
City of Stockton, CA
Zoning Map March 20, 2025
Property Information
Property ID 15303029-111076
Location 200 N WILSON WY
Owner SINGH PROPERTY INC

MAP FOR REFERENCE ONLY

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

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

Critical layout or measurement
activities should not be done using
this resource.
1" = 130.66161652671747 ft
Attachment C
1921
Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF WAY (ROW)
Attachment C
1922
Attachment D
1923
Attachment D
1924
Attachment D
1925
Attachment D
1926
Attachment D
1927
Attachment D
1928
Attachment D
1929
NO PARKING DRAWN BY: DATE: SCALE: DWG: CHECKED: RYAN CARREL, R.C.E. 61619 SHEETOF REVISION DATE DESCRIPTION BY JEFF SHELDON, R.C.E. 84078 JOB #: Know what'sbelow. Callbefore you dig. R Attachment
D
1930
Channel Street
Eugenia Avenue
N. Wilson Way
Existing Commercial
Building Existing
Vacant Lot
Proposed Car
Wash
NO

PARKING

SYMBOL CODE BOTANICAL NAME COMMON NAME QTY SIZE SPACING WUCOLS TREES
SHADE TREE 2
ACE OGL Acer rubrum 'October Glory' October Glory Red Maple 15 gal. 35` Moderate CIN CAM Cinnamomum camphora Camphor Tree 15 gal. 35` Moderate ZEL VIL Zelkova serrata 'Village Green' Village Green Japanese Zelkova 15 gal. 35` Moderate PALM TREE 14
CHA HUM Chamaerops humilis Mediterranean Fan Palm 24" box per plan Low TRA FOR Trachycarpus fortunei Windmill Palm 24" box per plan Moderate STREET TREE 6
ACE COL Acer platanoides 'Columnare' Columnar Norway Maple 15 gal. per plan Moderate ACE CRK Acer platanoides 'Crimson King' Crimson King Norway Maple 15 gal. per plan Moderate GEI PAR Geijera parviflora Australian Willow 15 gal. per plan Low SHRUBS
ACCENT SHRUB 14
Cal kar Calamagrostis x acutiflora 'Karl Foerster' Karl Foerster Feather Reed Grass 5 gal. 4` Low Muh cap Muhlenbergia capillaris Pink Muhly Grass 5 gal. 5` Low Per atr Perovskia atriplicifolia Russian Sage 5 gal. 6` Low Pho ten Phormium tenax spp. New Zealand Flax, medium size 5 gal. 4` Low Ros wht Rosa x 'Flower Carpet' Flower Carpet Rose - White 5 gal. 3` Moderate EVERGREEN SHRUB/HEDGE 184
Cal ljn Callistemon viminalis 'Little John' Little John Weeping Bottlebrush 5 gal. 4` Low Lig vec Ligustrum japonicum 'Texanum' Texanum Privet 5 gal. 4` Low Ole lit Olea europaea 'Little Ollie' TM Little Ollie Olive 5 gal. 5` Low Rha min Rhaphiolepis umbellata 'Minor' Dwarf Yedda Hawthorn 5 gal. 4` Low INFILL SHRUB 83
Die iri Dietes iridioides Fortnight Lily 5 gal. 3` Low
Pit whd Pittosporum tobira 'Wheeler's Dwarf' Wheeler's Dwarf Pittosporum 5 gal. 4` Moderate Rha ind Rhaphiolepis indica Indian Hawthorn 5 gal. 4` Moderate VINE 7
Fic pum Ficus pumila Creeping Fig 5 gal. 8` Moderate
Par tri Parthenocissus tricuspidata Boston Ivy 5 gal. 8` Moderate

GROUND COVERS
LOW EVERGREEN GROUND COVER 2,885 sf
Cop var Coprosma kirkii 'Variegata' Creeping Mirror Plant 46 1 gal. 48" Low Cot low Cotoneaster dammeri 'Lowfast' Lowfast Bearberry Cotoneaster 46 1 gal. 48" Low Jun blu Juniperus horizontalis 'Blue Rug' Blue Rug Juniper 83 1 gal. 36" Low Myo par Myoporum parvifolium Trailing Myoporum 46 1 gal. 48" Low ACCENT GROUND COVER 1,452 sf
Hem yel Hemerocallis x 'Evergreen Yellow' Evergreen Yellow Daylily 29 1 gal. 36" Moderate Lom ira Lomandra longifolia 'Breeze' TM Breeze Mat Rush 29 1 gal. 36" Low Pho spr Phormium tenax 'Jack Spratt' New Zealand Flax 62 1 gal. 24" Moderate Teu cha Teucrium chamaedrys Germander 65 1 gal. 24" Low Tul var Tulbaghia violacea 'Variegata' Striped Society Garlic 109 1 gal. 18" Low Ver hyb Verbena x hybrida Verbena 65 1 gal. 24" Low
BIO-RETENTION AREA 3,428 sf
Car tum Carex tumulicola Foothill Sedge 223 1 gal. 24" Low Cho tct Chondropetalum tectorum Small Cape Rush 55 1 gal. 48" Low Jun car Juncus patens 'Carman's Grey' Spreading Rush 100 1 gal. 36" Low Muh rig Muhlenbergia rigens Deer Grass 55 1 gal. 48" Low

PLANT SCHEDULE
NORTH
Preliminary Landscape Plan
Monty's Express Car Wash - Stockton, CA
0' 10' 20' 40'
scale: 1" = 20'-0"
15 November 2024

VICINITY MAP
Project
Location

LANDSCAPE AREA CALCULATIONS
Total Site Area: 45,900 sf.

Total Landscape Area: 12,500 sf.

Irrigated planter: 5,663 sf
Irrigated bio-retention area: 6,387 sf
Percentage of Total Site as Landscape: 27 %

PARKING LOT TREE REQUIREMENTS
Number parking spaces: 3
Req'd trees (1 tree per 5 parking spaces): 1
Trees Provided: 1

WELO COMPLIANCE
This project has been designed to conform with the State's Model Water Efficient Landscape Ordinance (MWELO).

IRRIGATION DESIGN
The irrigation on the site will use drip irrigation, will meet the City's requirements, and will comply with the requirements of WELO. Equipment will include dedicated irrigation meter, smart controller, weather sensor, and efficient irrigation emitters, nozzles, and other equipment.

PLANTING DESIGN
The landscape design uses water-wise plant species suitable for this region and that are low maintenance and durable, uses trees to shade paved areas, and plants have been grouped into hydro-zones. References used for the landscape design include published information from the local jurisdiction, Sunset Western Garden Book and WUCOLS.

WATER EFFICIENT LANDSCAPE ORDINANCE WORKSHEET
Reference Evapotranspiration 49.1 in/yr ETAF(req) Maximum Allowed ETAF 0.45

APPENDIX B WORKSHEET
Hydro-zone
(see desc.
below)
Plant
Factor
(PF)
Irrigation
Method
Irrigation
Efficiency
(IE)
ETAF
(PF/IE)
Landscape
Area (sq. ft.)
ETAF
x
Area
Estimated Total
Water Use
(ETWU)
Regular Landscape Areas ("RLA") - See Hydrozone Descriptions for Referenced Numbers Shrub 0.50 Drip 0.81 0.62 0 sf 0.00 0 gals
Shrubs 0.30 Drip 0.81 0.37 5,663 sf 2,097.41 63,849 gals Bioswale 0.40 Drip 0.81 0.49 6,837 sf 3,376.30 102,781 gals Sub-totals 12,500.00 5,473.70 166,630 gals
Special Landscape Areas ("SLA")
SLA1 1.00 0 sf 0.00 0 gals
Sub-totals 0 sf 0.00 0 gals
Total Landscape Area (RLA+SLA) 12,500 sf 5,473.70
ETWU Total 166,630 gals
Maximum Allowed Water Allowance (MAWA) 171,236 gals
MAWA
MAXIMUM ALLOWABLE WATER CALCULATION ("MAWA")
MAWA = ( ETo ) ( 0.62 ) [ ( ETAF x LA ) + ( (1-ETAF) x SLA ) ] 171,236 gal/yr 49.1 in/yr 0.62 0.45 12,500 sf 0.55 0 sf ETAF

ETAF CALCULATIONS
Regular Landscape Area (RLA)
ETAF
Max
Allowed
ETAF
Total ETAF x RLA 5473.70
Divided by Total RLA 12,500 sf If Average ETAF is less than Max. Allowed ETAF the Project complies with WELO Average ETAF (RLA) 0.44 0.45 Palm tree along project
edge to complement the
corporate brand/aesthetic
Accent planting at corner
planter
Evergreen hedge along
interior of perimeter fence
Planting at bio-retention
areas will conform to
local/regional requirements
and shall be plant species
that can handle infrequent
inundation. Bio-retention
areas limits shall be as
determined by civil
engineer's plans.

Clinging vines on trash
enclosure to deter graffiti and
to provide screening
Evergreen hedge to
screen fronts of
parked cars
Accent planting at
driveways
Accent planting at corner
planter
Evergreen hedge along
interior of perimeter fence
Clinging vines on equipment
enclosure to deter graffiti and
to provide screening
Shade trees with spreading
crowns to provide shading
pedestrian and vehicular ways Planting areas with trees, shrubs, grasses, and ground covers of
varying height, color, size and
texture to provide a uniform
aesthetic throughout the site
Evergreen hedge along
interior of perimeter fence
Planting at bio-retention areas
will conform to local/regional
requirements and shall be plant
species that can handle
infrequent inundation.

Bio-retention areas limits shall be
as determined by civil engineer's
plans.

Palm tree throughout project
to complement the corporate
brand/aesthetic
Notes:

1. Submit shop drawings for
approval.

2. Powder-coat finish, U.O.N. Color
to be selected.

3. Maintain fence min. 2"/max4"
from finish face of buildings or
built elements, U.O.N.

4. All connections to be welded - no
bolted connections allowed.
6'-0"
30"
embed.
(min.)
10"Ø
nts
2"
36" 1'-0"
2"
10"Ø
nts
36" 6'-0"
Sq. post cap, 4" oc (max), typ.
weld to post
Spear-tipped
curved tops to
pickets
Center picket on rails,
cont. weld all sides
3 4" square TS
picket
2-1/2" sq. TS post at
6'-0" oc max., at
corners and
changes in direction
Concrete footing
Slope top of
footing to drain
Top rail
Picket, center
on rails
Post
Bottom rail
Concrete
footing
FG
FG
1"x2-1/2" TS top,
mid, and bottom
rail
Mid rail
1'-0"
TUBE STEEL SECURITY FENCE 1
nts P-SH-04
Tube steel perimeter fence,
see detail 1 this sheet
Existing street tree,
to remain
New street tree, per
City Stds
Final plant species at
project corners will be
selected with improvement
plans to be within limits for
Final plant species at sight distance requirements
project corners will be
selected with improvement
plans to be within limits for
sight distance requirements
Attachment D
1931
DRAWN:

DATE:

SCALE:

JOB #:

DWG:

PROPOSED GENERAL PLAN CHANGE

COMMERCIAL
Car Wash Project
Attachment E
1932
DRAWN:

DATE:

SCALE:

JOB #:

DWG:

PROPOSED ZONING CHANGE

CG, GENERAL COMMERCIAL
Car Wash
Attachment F
1933
Attachment G
1934
Attachment G
1935
200-212 N. WILSON WAY

HISTORIC RESOURCES EVALUATION (HRE)

STOCKTON, CALIFORNIA
[24056]

PREPARED FOR
ZM Carwashes LP
July 12, 2024
Attachment G
1936
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
PAGE & TURNBULL i July 12, 2024

TABLE OF CONTENTS
I. INTRODUCTION .................................................................................................................................1 Methodology ...................................................................................................................................................2 Summary of Findings .....................................................................................................................................3 II. EXISTING HISTORIC STATUS.............................................................................................................4 National Register of Historic Places .............................................................................................................4 California Register of Historical Resources .................................................................................................4 California Historical Resource Status Codes...............................................................................................4 Stockton Historic Landmarks and Structures of Merit..............................................................................5 III. PROPERTY DESCRIPTION ................................................................................................................6 Building Description.......................................................................................................................................7 West (front) facade .....................................................................................................................................7 South facade................................................................................................................................................9 East (rear) facade........................................................................................................................................9 North façade................................................................................................................................................9 Surrounding Neighborhood........................................................................................................................10 IV. HISTORIC CONTEXT .......................................................................................................................13 Early Stockton History..................................................................................................................................13 Neighborhood...............................................................................................................................................15 V. SITE HISTORY ..................................................................................................................................18 Site Development.........................................................................................................................................18 Construction Chronology.........................................................................................................................21 Ownership and Occupant History..............................................................................................................21 Select Owner and Occupant Biographies..............................................................................................23 VI. EVALUATION..................................................................................................................................25 California Register of Historical Resources ...............................................................................................25 Integrity..........................................................................................................................................................27 VII. CONCLUSION................................................................................................................................29 VIII. REFERENCES.................................................................................................................................30 IX. APPENDICES...................................................................................................................................32 Appendix A – Preparer Qualifications........................................................................................................32 Attachment G
1937
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
PAGE & TURNBULL 1 July 12, 2024
I. INTRODUCTION
This Historic Resource Evaluation (HRE) has been prepared at the request of ZM Carwashes LP to evaluate the significance of the property at 200-212 N. Wilson Way (APN 153-030-290) in Stockton, California (Figure 1). The property is located on the east side of Stockton at the northeast corner of the intersection of N. Wilson Way and Channel Street (Figure 2). The 5,400 square-foot one-story commercial property was built in 1921 in a vernacular utilitarian style. Over time, it has housed commercial spaces with the addresses 200, 202, 204, 206, 208, 2010, and 212 N. Wilson Way. The building has remained a commercial property since construction, primarily housing automotive, small industrial, agricultural, and food service enterprises.

Figure 1: Assessor map showing a Portion of the Schweitzer Tract, Map Book 153-3. Lot 2-4, the location of the subject property. is outlined in red. Source: County of San Joaquin Assessor’s Office.

Edited by Page & Turnbull.

Attachment G
1938
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
PAGE & TURNBULL 2 July 12, 2024
Figure 2: Aerial view showing the location of the subject property outlined in red. Source: Google Earth 2023.

Edited by Page & Turnbull.

The property has not previously been evaluated for eligibility for listing in the California Register of Historical Resources (California Register) as an individual property or as a contributor to an eligible district.

Methodology
Page & Turnbull prepared this report using research collected at various local repositories and available online. These included the San Joaquin County Assessor’s Office, Ancestry.com, Newspapers.com, and Historic Aerials.com. Building permits for the property were requested through the City of Stockton Permit Center. Other key primary sources consulted for this report included Sanborn Fire Insurance Company Maps, historical narratives chronicling the development of Stockton, and Deed Records.

Page and Turnbull staff conducted a site visit to 200-212 N. Wilson Way on May 21, 2024. All photographs in the report were taken at that time unless otherwise noted.

Attachment G
1939
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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Summary of Findings
The commercial property at 200-212 N. Wilson Way is not eligible for listing in the California Register under any criteria.

Therefore, 200-212 N. Wilson Way does not appear to be a historic resource for the purposes of the California Environmental Quality Act (CEQA).

Attachment G
1940
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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II. EXISTING HISTORIC STATUS
The following section examines the state and local historic status currently assigned to the commercial building at 200-212 N. Wilson Way.

National Register of Historic Places
The National Register of Historic Places (National Register) is the nation’s most comprehensive inventory of historic resources. The National Register is administered by the National Park Service and includes buildings, structures, sites, objects, and districts that possess historic, architectural, engineering, archaeological, or cultural significance at the national, state, or local level.

The subject property is not listed in the National Register of Historic Places individually, or as part of a registered historic district.

California Register of Historical Resources
The California Register of Historical Resources (California Register) is an inventory of significant architectural, archaeological, and historical resources in the State of California. Resources can be listed in the California Register through a number of methods. State Historical Landmarks and National Register-listed properties are automatically listed in the California Register. Properties can also be nominated to the California Register by local governments, private organizations, or citizens.

The evaluative criteria used by the California Register for determining eligibility are closely based on those developed by the National Park Service for the National Register of Historic Places.

The subject property is not listed in the California Register of Historical Resources individually or as part of a registered historic district.

California Historical Resource Status Codes
Properties listed or under review by the State of California Office of Historic Preservation are listed within the Built Environment Resource Directory (BERD) and are assigned a California Historical Resource Status Code (Status Code) of “1” to “7” to establish their historical significance in relation to the National Register of Historic Places (National Register) or California Register of Historical Resources (California Register).1 Properties with a Status Code of “1” or “2” are either eligible for listing in the California Register or the National Register, or are already listed in one or both of the registers. Properties assigned Status Codes of “3” or “4” appear to be eligible for listing in either 1 California State Office of Historic Preservation, Built Environment Resource Directory (BERD), San Joaquin County, updated September 2022.

Attachment G
1941
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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register, but normally require more research to support this rating. Properties assigned a Status Code of “5” have typically been determined to be locally significant or to have contextual importance. Properties with a Status Code of “6” are not eligible for listing in either register. Finally, a Status Code of “7” means that the resource has not been evaluated for the National Register or the California Register or needs reevaluation.

The subject property is not currently listed in the BERD database for San Joaquin County with a status code. This means the property has not been formally evaluated using California Historical Resource Status codes and submitted to the California Office of Historic Preservation. The most recent update to the BERD database was in September 2022.

Stockton Historic Landmarks and Structures of Merit
The Stockton Municipal Code identifies criteria for listing cultural resources as Landmarks, Historic Sites, and Structure of Merit. These criteria are listed in Sections 16.220.070, 16.220.090, and

16.220.100 of the Municipal Code.2In evaluating individual cultural resources for local designation, the criteria consider archaeological interest, architectural craftsmanship, architectural style, architectural type, historic events, heritage, visual features, relationships to another Landmarks, significant person(s), the work of significant person(s), and natural environments.

Landmarks, Historic Sites, and historic preservation districts are recommended for approval by the City of Stockton Planning Commission and City Council by the Cultural Heritage Board (the Board).

The Board has the power to designate Structure of Merit. 200-212 N. Wilson Way is not currently designated as a Stockton Landmark, Historic Site, or Structure of Merit.
2 Stockton Municipal Code, Volume II, Chapter 16.220 Cultural Resources, accessed June 19, 2024, https://ecode360.com/43718711.

Attachment G
1942
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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III. PROPERTY DESCRIPTION
200-212 N. Wilson Way is a 5,400-square foot commercial property built in 1921 in a vernacular utilitarian style (Figure 3). It occupies the front of a 10,200-square-foot parcel on the east side of N.

Wilson Way. The rear of the parcel is an open paved parking and delivery area accessed from Channel Street. 200-212 North Wilson Way forms the southern end of a one-story commercial grouping that includes 220-222 N. Wilson Way to the north (Figure 4).

Figure 3: 200-212 N. Wilson Way, west facade, view northeast. 200-212 N. Wilson Way
Attachment G
1943
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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Figure 4: 200-222 North Wilson Way, west façade, view northeast.

Building Description

WEST (FRONT) FACADE
220-212 N. Wilson Way is a brick building with an “L”-shaped footprint and a flat roof with a parapet.

It has a stucco finish and, at various locations on the front west facade, has received a decorative brick veneer. Viewed from N. Wilson Way, the north half of the west façade steps forward several inches, creating the appearance of two separate structures. The north half of the façade has stucco cladding and features a flat canopy stretching across two storefronts. The north storefront features a slightly recessed opening with a glazed metal door at its center in a wood door frame with a transom. The door is flanked on either side by square display windows. Metal security grates cover the recessed opening. The south storefront features a slab door behind a security door at its center, surmounted by a four-part horizontal transom. The door is flanked by window openings, now infilled (Figure 5).
220-222 N. Wilson Way 200-212 N. Wilson Way
Attachment G
1944
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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Figure 5: 200-212 N. Wilson Way, north half of west façade, view east.

Figure 6: 200-212 N. Wilson Way, south half of west façade, view west.

Attachment G
1945
Historic Resources Evaluation (HRE) 200-212 N. Wilson Way [24056] Stockton, CA
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The south half of the west façade features a long canopy set several inches below the canopy on the north half of the building. This canopy, with a corrugated edge, stretches across two storefronts and wraps partway around the southwest corner of the building. The facade below the canopy has areas of brick veneer while the area above the canopy is stucco clad. The north storefront on the south half of the façade steps back at an angle within the building face. It has a partially glazed door on its right side with a three-part display window on its left side. The south storefront on the south half of the façade has openings for three display windows and a door, each of which has been infilled (Figure 6).